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“READERS FORUM” NOVEMBER 4, 2017

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WHATS ON YOUR MIND TODAY?

We hope that todays “Readers Forum” will provoke “…honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way?”
 Todays READERS POLL question is: Do you feel that the partnership agreement between the STATEHOUSEFILE and the City COUNTY OBSERVER is really a big deal?
Please take time and read our newest feature articles entitled “LAW ENFORCEMENT, READERS POLL, BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.  You now are able to subscribe to get the CCO daily.
If you would like to advertise in the CCO please contact us City-County Observer@live.com.

 

EDITOR’S FOOTNOTE:  Any comments posted in this column do not represent the views or opinions of the City County Observer or our advertisers

Congress Should Act Now To Permanently Repeal The Medical Device Excise Tax

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There’s a cloud of uncertainty hanging over one of Indiana’s most important employment sectors—the medical device industry. A sales tax on medical devices that has been suspended since 2016 will resume in 2018 unless Congress takes action to repeal it by the end of this year.

At a time when technical advancement in the life sciences is at an all-time high, this medical device sales tax threatens to stifle medical advancements, stop new investment, and prevent future job growth. Furthermore, the Obamacare system the tax was designed to support is crumbling under its own weight. For all those reasons, it’s time for Congress to permanently repeal the medical device tax.

Medical device companies are crucial to the continuing advancement of medicine, and the technology they produce has been life changing for families. Consider NICO Corporation, an Indianapolis-based company that developed a revolutionary technology called NICO BrainPath. The new technology creates a path the size of a dime in a person’s brain for a surgeon to operate with minimal damage or invasion.

Beyond astounding medical breakthroughs, the medical device industry also supports high-wage Indiana jobs. Our state has among the highest concentration of medical device jobs in the U.S., with the life sciences industry alone employing approximately 56,000 Hoosiers. Indiana’s booming life sciences industry is home to several medical device giants, such as Zimmer Biomet, Roche, Boston Scientific, and Cook Medical—along with countless smaller companies and startups. And, these medical device manufacturing jobs pay 41.7 percent more than the average wage in Indiana.

The negative effects of the medical device tax between 2013 and 2016 were clear: The tax resulted in the industry losing about $82 billion in medical device sales.Moreover, the tax stopped investment in new technology that was essential for healthcare advancement and for growing our economy.

Orthopediatrics, a company located in Warsaw, Indiana, had to freeze hiring and stop research and development for new products intended to help disabled children walk again because it needed the money to pay the medical device tax. Similarly, Cook Medical in Bloomington, Indiana, was forced to hold off on plans for five new manufacturing facilities in the Midwest so it could use the money to pay its tax bill.

The medical device tax has failed to achieve its purpose. Proponents of the tax said it would raise revenue to help pay for Obamacare and increase medical device sales. Instead, it has generated 27 percent less revenue than originally projected while reducing investment and billions in sales. We should be building a tax system that unleashes economic growth, not one that chokes it.

There are many complicated issues facing leaders in Washington in the months ahead, but repealing the medical device tax is a smart and straightforward move that will encourage innovation and economic growth in our state. Congress should act now to permanently repeal the medical device excise tax.

 

Condemned Killer Challenges State’s Execution Process

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By Adrianna Pitrelli for TheStatehouseFile.com

INDIANAPOLIS — A death row inmate is challenging the state’s current method of execution on the grounds that the public should have had a chance to comment on the process put in place three years ago.

The Indiana Supreme Court considered the fate of the state’s death penalty protocol Thursday after hearing oral arguments in the case of Roy Ward. The case comes after Ward broke into a Dale, Spencer County, home in 2001 and raped and murdered a 15-year-old girl. He was sentenced to death in 2007.

Ward’s attorney, David Frank of Fort Wayne, argued the state didn’t properly follow administrative procedures when it chose the new lethal injection drug cocktail in 2014.

“The General Assembly dictates by law this combination of drugs use,” Justice Mark Massa said.

“If a state agency or unelected state agency adopts new protocols, they should do it in front of the public,” Frank said, noting current statute says public comment must be allowed. He argued because there was no public hearing, the death penalty protocol adopted in May 2014 is considered void.

The third drug added to the state’s cocktail — methohexital — has never been used in another state, which makes some wary about how it would affect death row inmates.

Often, death penalty appeals revolve around whether the drug mixture amounts to a violation of the 8th Amendment’s provisions against cruel and unusual punishment. Ward isn’t arguing that point, focusing instead on the drug not being chosen in front of the public.

But some justices wanted to know why this is being brought up now.

“This issue has never been raised before,” Justice Steven David said. “It’s not like the Department of Correction changed this in the last 25 years. There has never been a rule making application with what the ingredients of the injection are.”

This issue, however, has been raised in other states. In 2010, a Kentucky judge halted executions over concerns about the three-cocktail injection. In 2012, the state said it would switch to a two-cocktail injection, which uses a sedative and painkiller.

Indiana State Attorney Stephen Creason argued the statute gives the Department of Correction authority to choose lethal injection drugs like it did three years ago.

“Choice of drug only matters as to whether it constitutes cruel and unusual punishment under the federal Constitution if constitutionally valid the opinions of the public, the state agency and the state courts don’t matter in choosing a new drug,” Creason said.

There have been no execution dates set for the 12 death row inmates at the Indiana State Prison in Michigan City. If Ward’s appeal prevails, then the state would be left without legal means of carrying it out.

However, if the change enacted by the Department of Corrections was considered a rule, then it would have to go through the administrative process — if not, it stands as is.

The state’s high court is expected to decide the case in the next several months.

FOOTNOTE: Adrianna Pitrelli is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

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TALK IS CHEAP And BETTER By Jim Redwine

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Gavel Gamut By Jim Redwine

TALK IS CHEAP (& BETTER)

Gentle Reader, you may recall last week’s column that set out the general philosophy of the Posey Circuit Court: “Talking is better than fighting”. Or, more generally, resolving conflicts instead of exacerbating them is what courts should do and the earlier the better.

Over twenty years ago my staff and I were searching for ways to ease the pain of Posey County families involved in divorce cases. At that time, my court reporter Synda Waters had the main responsibility for domestic relations matters in the Posey Circuit Court. With Synda’s help and the input of the rest of the court staff we initiated the procedure we still use today to attempt to assuage the fear, anger and frustration of couples who managed to once fall in love but for myriad reasons must now apply to the Court to untangle themselves.

The most salient feature we noted in many of these cases was people refused to talk to one another. Pride, disgust, jealousy, etc., etc., etc., prevented once loving couples from communicating with each other and, therefore, from any real chance of solving their problems.

Other sticking points were often lack of money and almost every case took too long. We decided we needed a faster, cheaper, less traumatic system of getting divorcing couples to where they could get on with their new lives even though they might still be tethered to their old ones, say for example, because of children or ongoing businesses.

We knew that statistically practically every court case resulted in some form of settlement. So we sought a procedure that would help couples settle their cases by themselves inexpensively and as close as possible to when the case was filed. Talking to one another at the beginning of the case as opposed to avoiding contact until later during an expensive and lengthy trial appeared to us to offer a better opportunity to set aside pride and discuss problems. The court-ordered Pre-pre-trial method was born.

Couples who had ceased communicating during their marriage were encouraged and facilitated by the Court to meet and attempt to resolve their conflicts. What we found was that once couples discussed their problems, often with the help of a court-appointed mediator, they could usually settle their case on their own. This simple, inexpensive procedure usually results in cases being resolved, children being better cared for, money being saved and families being able to maintain civil relationships even after the divorce.

A similar procedure is employed in most cases in the Posey Circuit Court although, of course, not every case is settled early and sometimes problems never get solved. However, I suggest Posey County is a more pleasant place for all of us to live when people with what they may have once thought were intractable problems sit down and work them out on their own.

As I have occasionally explained to warring couples who find it difficult to talk to one another and instead decide to come into Court spoiling for a fight, they can either have some stranger, me for example, decide their futures or they can do it themselves quicker, cheaper and better.

For more Gavel Gamut articles go to:

www.jamesmredwine.com

 

Empty Bowls Event Nov. 11 Raises Funds and Awareness for Hunger Relief

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The Ceramics Center at USI has been working full tilt to make more than 1,000 bowls for the 2017 EMPTY BOWLS Evansville Event, sponsored by the USI Art & Design Department with support from Ivy Tech business students.

The event is planned for Saturday, Nov. 11, from 11a.m. – 2 p.m., at Sauced, 1113 Parrett St., in Evansville’s Art District. The wide variety of soups will be provided by Sauced.

Empty Bowls is a national non-profit organization that lends its name to any organization fundraising for hunger by making and selling ceramic bowls. This is the sixth Empty Bowls event that Alisa (AL) Holen, associate professor of ceramics at USI, has organized.

Holen’s ceramics 1-3 courses were re-classified as “Service Learning” courses in the fall, which opens up the courses to focus on service as well as ceramics. USI Students have been educating as well as learning as groups come into the Ceramics Center at USI to make bowls. After the bowls have been made, USI ceramics students trim and sign each bowl with the maker’s name. They then bisque fire the bowls, glaze the bowls, and glaze fire the bowls in the electric, gas, and salt kilns.

Ivy Tech students in the School of Business, Logistics, and Supply Chain have teamed up with the ceramics students at USI to help organize the event. These students have spent their time organizing the event with soup providers, advertising, and with organizational details. Their work on the project strengthens their understanding of companies acting in a manner which is legal, ethical, and socially responsible.

Each bowl made by the community will be sold for $10/each and come with a choice of soup donated by Sauced, water donated by Tropicana, and a Zip Stick donated by Azzip. Empty Bowls will also feature a “Pro-Bowl” room with professionally-made bowls at higher prices.

Proceeds from this event will be used to support local organizations fighting hunger.

For additional information contact:  Faith Fox, Ivy Tech assistant professor, ffox6@ivytech.edu.

 

UE to Show Documentary “8 Borders, 8 Days” 

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The documentary 8 Borders, 8 Days will be shown Tuesday, November 14, at 6:00 p.m. in Room 170 of the Schroeder School of Business Building on the University of Evansville campus. The screening will be followed by an interactive discussion with the movie’s director Amanda Bailly, UE philosophy professor Derek Jones, and a panel of Syrian and American students. The event is free and open to the public.

The film follows a Syrian family who were not accepted for resettlement to the US and instead traveled with smugglers in a raft to Europe.

“The majority of people in the United States who want to close our doors to refugees have never actually heard the voices of the people affected,” said Bailly. “This film tells the story of three of them, and they’re three of the strongest, most resilient human beings I’ve ever met.”

8 Borders, 8 Days premiered to sold-out screenings at the Florida Film Festival and Seattle International Film Festival, where it was awarded a $50,000 impact filmmaking grant. It has been called “raw, emotional,” and “unblinking.”

Donations will be accepted at the event for the Karam Foundation, a non-profit organization on a mission to build a better future for Syria. The foundation develops innovative education programs for Syrian refugee youth, distributes smart aid to Syrian families, and funds sustainable development projects initiated by Syrians for Syrians.

The screening and panel discussion is being co-sponsored by Scholars for Syria and Books Not Bombs, a student-led campaign aimed at creating scholarships for displaced Syrian students. Through donations at the event and online, Scholars for Syria and Books Not Bombs hope to add to the Karam Foundation fund that is empowering Syrian refugees to succeed in school and beyond.

For more information on the event at UE, call 732-239-4139, e-mail gv15@evansville.edu or go to www.facebook.com/events/1987428101542302/?active_tab=about.

SCOTTY MCCREERY TO PERFORM AT THE OLD NATIONAL EVENTS PLAZA ON FEBRUARY 8TH FOR VALENTINE’S DAY Tickets Go On Sale Friday, November 10th at 10am

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Season 10 American Idol winner, Scotty McCreery, will be performing at the Old National Events Plaza in Evansville for Valentine’s Day on February 8, 2018 at 7:30PM. Tickets will go on sale Friday, November 10th at 10am. Tickets can be purchased at the Old National Events Plaza box office, by phone at 800-745-3000, or online at www.ticketmaster.com.  Tickets will be $25, $35, $45, & $55 plus fees.

ABOUT SCOTTY MCCREERY:

Scotty McCreery burst onto the national music scene in 2011 at age 17, quickly establishing himself as one of country music’s hottest new stars. By age 21, the talented singer/songwriter has sold more than 2.5 million albums and received both Platinum and Gold album certifications, debuted three consecutive albums at No. 1 on a Billboard chart, achieved one Gold and three Platinum-certified singles as well as two Top Ten hits, toured with Brad Paisley and The Band Perry, headlined his own tours, earned industry and fan accolades, amassed more than three million followers on Facebook and Twitter, received more than 150 million YouTube views…and he’s just getting started!

His deep voice and irresistible sound create the perfect blend of contemporary and traditional country. With more than 300 live shows under his belt across the U.S., Canada, the Philippines and the Caribbean, McCreery has quickly become a crowd favorite appealing to all ages. His loyal fans – the McCreerians – are among the most dedicated and enthusiastic in the country music world.

After winning Season Ten of “American Idol” and capturing the hearts of millions of television viewers nationwide, McCreery released his debut album, which was the best-selling solo album released by a country artist in 2011. Indeed, he became the youngest man in history to have his first album debut atop the all-genre Billboard Top 200 albums chart.

That album, Clear As Day, was certified Platinum for sales of one million units in just thirteen weeks, and the first two singles from that album (“I Love You This Big” and “The Trouble with Girls”) have since been certified Platinum. He won the New Artist of the Year Award at both the Academy of Country Music (ACM) Awards and the American Country Awards in 2011, and received the CMT Music Award for the USA Weekend Breakthrough Video of the Year for “The Trouble with Girls” in 2012.  That same year, his Christmas album, Christmas with Scotty McCreery, was released. It debuted at No. 1 on the Billboard Top Holiday Albums chart and was quickly certified Gold.

His highly anticipated sophomore album, See You Tonight, was released in October 2013 and debuted at No. 1 on the Billboard Country Albums chart. He co-wrote five songs on the album, including the first single, “See You Tonight,” which was certified Platinum and became his first Top Ten hit. The music video for “See You Tonight” spent an impressive 11 weeks at No. 1 on GAC’s fan-voted “Top 20 Countdown.” The album received rave reviews from publications ranging from Rolling Stone and People to “Entertainment Tonight” and The Los Angeles Times. Soon after its release, he won the Breakthrough Artist Award at the 2013 American Country Awards. A month after turning 21 in 2014, McCreery was voted No. 2 on “Country’s Sexiest Men Poll” by the readers of Country Weekly while also becoming a frequent fixture on many “Best Dressed” lists for his Red Carpet appearances. Before the year ended, his single, the fan-favorite “Feelin’ It,” became his second consecutive Top Ten hit. The single was certified Gold in 2015.

When he steps off the stage, McCreery returns to being a typical “guy next door.” After winning “American Idol,” the gifted performer graduated from his local high school and later enrolled at North Carolina State University. An avid sports fan and outdoorsman, he can be found at Wolfpack basketball games, attending the Super Bowl, or playing golf around the country as he tours. A proponent of giving back, McCreery has supported a host of charitable causes including St. Jude Children’s Research Hospital, The 12.14 Foundation, World Vision, MLB RBI (Reviving Baseball in Inner Cities), The Opry Trust Fund, and a variety of organizations in his native North Carolina.

McCreery has toured with Rascal Flatts on their RIOT TOUR 2015 this summer in addition to doing solo dates throughout the year. In-between concerts, he has been writing and recording songs for his highly anticipated new studio album, due out in early 2016.   The first single from the album, “Southern Belle” (written by Jason Saenz and Sean McConnell) can be heard on country radio now.  The album is being produced by Frank Rogers.

Justices Rule State Immune To Ex-IDEM Worker’s Whistleblower Claim

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Marilyn Odendahl for www.theindianalawyer.com

A divided Indiana Supreme Court has found that the state is immune from a non-tort claim made by a former state employee under the Indiana False Claims and Whistleblower Protection Act.

Suzanne Esserman, a former employee of the Indiana Department of Environmental Management, said she was fired in retaliation for calling attention to questionable payments from the excess-liability trust fund. She claimed the disbursements were made without proper documentation and many applicants received payments to which they were not entitled.

A split Supreme Court affirmed the Marion Superior Court’s dismissal of her lawsuit in Suzanne E. Esserman v. Indiana Department of Environmental Management, 49S02-1740-PL-00189. The majority of justices found Indiana has not waived sovereign immunity because the Legislature did not “clearly evince” in the whistleblower statute that the state could be subjected to lawsuits for violations of the act. Esserman argued that under the whistleblower provision, Indiana Code section 5-11-5.5-8, the state is not immune. The language of Section 8 does not expressly prohibit a lawsuit against the state.

The Indiana Court of Appeals agreed and reversed the trial court’s ruling. The unanimous panel rejected the state’s argument that common law sovereign immunity applies, noting that in Section 8, the word “employer” is not defined and, therefore, does include the state.

However, the Supreme Court took a thorough review of the doctrine of sovereign immunity and concluded Indiana does retain common law sovereign immunity for non-tort claims. To waive immunity, the statute must be unequivocal and Section 8 fails in that regard.

“The statute, while clearly stating that an employee may sue her employer, does not name the State (or one of its agencies or officials) as a permissible whistleblower defendant,” Justice Geoffrey Slaughter wrote for the majority. “Had the legislature intended to subject the State to whistleblower liability, it could have expressed that intention any number of ways.”

Justice Steven David dissented, arguing the plain meaning of the term “employer” in the statute includes the state. He contended Esserman could bring a claim under against IDEM under the Whistleblower statute.

“While I agree with the majority that the legislature could have defined employer in this section to include the State, I do not believe that not including such a definition serves to exclude the State looking at the plain language here,” David wrote. “There is no limiting language indicating any exceptions or carve outs for the State or any other entity that has employees.”

Slaughter did point out state employees can find remedy under the State Personnel Act, I.C. 4-15-10-1, -4. Although the employee could receive 30 days back pay and reinstatement, the justice conceded the remedy is not as generous as that provided by the whistleblower act.

 

HOT JOBS IN EVANSVILLE

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Administrative Associate
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Valid US driver’s license required. Play a major role in coordinating and implementing critical duties, as assigned, for seven annual Commencement ceremonies,…
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Phone contact for directing calls and answering simple billing questions. The ideal candidate should have an interest in the mechanical field and some work…
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Valid driver’s license with a clean driving record. 401K with matching contributions. Vision Discount Program….
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A Bachelor’s degree of science in business, communications, engineering, science, or other related field. ASQ Certified Auditor, Certified Public Accountant, or…
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FOOD SERVICE WORKER (FULL-TIME) 2 openings Job
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All of the associates in our organization are bonded together by a commitment to provide our patients, residents, guests, and customers with the very best…
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Kenny Kent Toyota Lexus is seeking candidates for an immediate shipping and receiving position in our parts department. Chosen candidate will have basic…
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RURAL CARR ASSOC/SRV REG RTE
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Applicants must have a valid state driver’s license, a safe driving record, and at least two years of. KSAs include Postal Service driving policies, safe…
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The appropriate candidate will be responsible for greeting clients, answering the phone, scheduling appointments, running errands, scanning documents, and other…
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Answer incoming calls in a professional and pleasant manner. Performing general administrative support work such as running reports, copying, filing, faxing etc…
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Responsibilities include learning & cooking Thai Food, training is free, and responsibilities will include food prep as well. Job Type: Full-time Salary: $8…
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