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# GIVING TUESDAY
IS IT TRUE NOVEMBER 28, 2017
IS IT TRUE it has been reported that high levels of hazardous dry cleaning solvents are contaminating groundwater near two schools (Bosse High and Hebron Elementary school) and prompting immediate environmental cleanups?  …we find it extremely interesting that an environmental consultant declares neither school is at risk of hazardous contamination?  …we wonder why the Vanderburgh County Health Department and State officials took their sweet time in alerting officials at Vanderburgh/Evansville School system, our elected officials or adjoining property owners of this serious health problem caused by high levels of hazardous dry cleaning solvents?
IS IT TRUE that the City County Observer continues to be impressed by the courage exhibited by Courier and Press reporter Jon Webb?…he is literally beginning to pick up the message that we have been trying to send for the last 10 years?…in a nutshell that message is that substance and depth have been missing for many decades and that an irrational obsession with cosmetic actions that merely distract the populace from real problems?…Webb has once again published an article that makes us proud as it is a message that we have been pounding home for years?
IS IT TRUE that Jon Webb’s latest article while congratulating the Winnecke administration for subsidizing a downtown hotel in a way that actually worked and spending $18 million on a Jimtown bike lane, went further in calling both of those projects nothing but surface buffing while the economy and infrastructure are stagnant at best?…we concur with Mr. Webb that the Winnecke Administration has indeed succeeded in building some downtown projects to the tune of roughly $100 million that with the sole exception of the IU Medical School at the expense of ignoring real serious needs?…if Webb or some other CP reporter would have been writing about this 15 years ago, Evansville may have made better decisions than spending taxpayer dollars on jaguars, penguins, rhino, temples to hockey, and other nonsense while ignoring a sewer system under an EPA mandate that needs a billion dollars to achieve compliance? …we are still also plagued by antiquated water pipes, crumbling roads, serious deficit with city employee healthcare insurance and non compliant sidewalks?…we join Webb in declaring the spending habits of local government as the equivalent of building Pleasure Island for Pinocchio and his friends to be turned into donkeys while eating nothing but candy and smoking cigars?
IS IT TRUE that we encourage Mr. Webb to continue to push the envelope a little further?…we will continue to do the same?…that yesterday YOUR city council voted 9-0 to establish a special tax on already struggling downtown businesses?…the Ford Center did not transform downtown but we do hope this special tax will help the downtown merchants to become more profitable? Â …we also hope that this special tax idea won’t prove to be another useless overreach of local government?
IS IT TRUE Amy Word-Smith , founder of Franklin Street Events Association (FSEA) and Abby Elpers of GAGE, were recently interviewed on television about exceeding their monetary goal for TED (Trolley of Evansville Districts)?  … Bob Warren, Executive Director of  the Convention and Visitors Bureau said “he is very supportive of TED and how great it is for “connectivity” and “tourism”?  …we are told that Bob Warren and his board didn’t donate towards the funding of TED? …that Bob Warren did not even allow FSEA or GAGE to present their proposal to his board?
IS IT TRUE we commend Amy Word-Smith and Abby Elpers for raising $30,000+ for TED (Trolley of Evansville Districts)?  …we commend Mayor Winnecke and County Commissioner Ben Shoulders for also doing a joint video for TED?  … we  also give kudos to the Vanderburgh County Commission for passing a resolution in support of this much needed project?
IS IT TRUE the segment held at the end of City Council  that allows public comment is  now dubbed as the “3 Minutes of Censorship”?
IS IT TRUE throughout the year we heard claims of “explosive growth” comments made by Mayor Winnecke? …we believe that the City of Evansville is indeed experiencing “explosive growth” in the deficient spending area?
Todays READERS POLL question is: Do you feel that the newly renovated North Main Street project is going to attract new retail businesses?
Please take time and read our feature articles entitled “STATEHOUSE FILES, 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
Will The Real Joe Donnelly Please Stand Up?
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Festival Of Trees Kicks Off Holiday Season
Festival Of Trees Kicks Off Holiday Season
By Makenna Mays
TheStatehouseFile.com
INDIANAPOLIS – Festively decorated trees, all as different as snowflakes, are covering the halls of the Indiana Historical Society as they kick of the holiday season with the annual Festival of Trees.
“It’s very magical, especially if you see it through the eyes of children,†said Tom Borman, the Historical Society’s director of events and donor relations.
The 30-foot center piece tree for the Festival of Trees.
Photo by Makenna Mays, TheStatehouseFile.com
In its fourth year, the Festival of Trees will have 80 decorated Christmas trees spanning four floors of the Historical Society. Different Indiana companies and organizations sponsor all of the trees. The festival will be open to the public from Nov. 17 to Jan 6.
It takes a week to 10 days to set up all of the trees in the Historical Society, including three days to erect the 30-foot centerpiece tree. That tree, sponsored by the Salvation Army, while simple in its design, is an eyecatcher with its evergreen branches adorned with gold ribbons and white snowflakes.
“The center piece tree is just symbolic of the whole Festival of Trees,†Borman said. “We’re not trying to compete with all the sponsors.â€
In its first year, the festival only had 25 trees, 50 in the second year and 72 in it’s third. Each tree is individually decorated by a sponsor.
“We can’t do it without help from all of our wonderful sponsors and volunteers,†Borman said.
Returning for third year, owners of Brickhouse Coffee, Jared and Lora Sayton, have a tree set up in the downstairs floor of the Historical Society.
Lora Sayton, one of the owners of Brickhouse Coffee, decorating the tree for Indiana Historical Society’s Festival of Trees.
Photo by Makenna Mays, TheStatehouseFile.com
Their creation is decorated with coffee mugs and ribbons, reflecting that cozy but modern vibe coffee shops have.
“We love partnering with the local community, and we’ve built our business around relationships,†said Jared Stayton.
Jared and Lora started out as missionaries in southern Spain for a year and a half before realizing that they wanted to create a better way to do missions. Brickhouse Coffee, a family owned business, began in 2013 and has since moved to the east end of the Jonathon Byrd’s Building in Greenwood.
“We don’t want to be just a supplier that’s going to be a short-term deal,†said Jared Sayton. “We’re interested in the long-haul and really building a relationship with our customers that become our partners.â€
The Festival of Trees allows the Saytons that opportunity to connect with the community, which is one of the reasons they return to the festival.
“I want to become that locally known old-school coffee roaster that has a great product and is approachable by everyone,†said Jared Sayton.
Tom Borman, IHS director of events and donor relationship, is one of the main organizers of this event.
Photo by Makenna Mays, TheStatehouseFile.com
Brickhouse Coffee will also be hosting and catering a new event being held at the Historical Society on Nov. 26, the Sugarplum Breakfast.
“The Sugarplum Breakfast is our twist on breakfast with Santa,†said Callie McCune, coordinator of public programs for the Historical Society. The breakfast will give people time to see all of the trees before the crowds arrive
Brickhouse Coffee will be serving their breakfast items as well as some artisan treats such as steamed hot chocolates or caramels.
“We’re definitely a kid-friendly type of caterer,†said Loran Sayton.
Dance Refinery will perform at the breakfast and is putting a twist on the Nutcracker performance by mixing the classical dances with modern interpretations. Visitors will also be able to take pictures with the characters.
The Indiana Historical Society has a full schedule of holiday programs including daily holiday sing-alongs and the elf on the shelf. Weekly programs include twilight Tuesdays and vintage Santa.
Title: Fueltide Fun
Sponsor: Alice and Stephen Tarr
Photo by Makenna Mays, TheStatehouseFile.com
During twilight Tuesdays, visitors can enjoy the view of the trees as they are lit up at night, one of Borman’s favorite events.
“When it’s dark, and we’re even lucky on overcast days, it just sparkles more than when the building is flooded with light,†Borman said.
Borman has hopes that this event will continue to grow and expand, perhaps to even outside the building. This event features such an array of tree designs that it opens the door for many ideas and partnerships.
“A tree really doesn’t have to be a tree,†Borman said.
A full list of holiday events and programs can be found on the Indiana Historical Society’s calendar.
Festival of Trees:
- $9 Adults
- $8 Seniors
- $5 Children (ages 5-17)
- IHS members and kids under 5 are free
Makenna Mays is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
Indianapolis Attorney Resigns From Bar In Wake Of Disciplinary Complaint
Olivia covington for www.theindianalawyer.com
An Indianapolis attorney accused of misusing funds in her lawyer trust account can no longer practice law in Indiana after the Supreme Court accepted her resignation.
In an order handed down Tuesday, the high court accepted Deborah Agard’s resignation from the bar, effective immediately. Agard, of the Law Office of Deborah M. Agard, tendered her resignation after a disciplinary complaint was opened against her on Oct. 31.
According to the Indiana Supreme Court Disciplinary Commission’s complaint, Agard’s trouble began in November 2015, when she was voluntarily admitted to the Florida Recovery Center in Gainesville, Florida for a three-month stay. The Marion Superior Court appointed a surrogate to oversee Agard’s business accounts, including her attorney trust account.
The trial court eventually instructed the surrogate to close Agard’s practice, deposit all client funds with the Marion County clerk and close the trust account. The surrogate then approved 19 of Agard’s clients for attorney fee refunds for a total of $24,108.32.
However, only $9,954.19 was available in Agard’s trust account. The county clerk distributed those funds among the 19 clients.
When questioned by the commission about the deficiency in her trust, Agard said she was unable to account for it, but posited three possible reasons: the fact that she had no control over the account while in Florida, that not all of her client files were delivered to her when her practice was closed, and that the owners of the rental computers in her office would not allow her to access the computers after the office was closed.
However, the commission’s complaint alleges between 2013 and 2015, Agard disbursed at least 27 checks from the trust to her law firm without proper authorization. The checks ranged from hundreds to thousands of dollars and either lacked a stated purpose, or were labeled as “bill transfer” or “Payment — Thank you.”
Further, the commission alleged that on at least four occasions between June 2014 and October 2015, Agard comingled either firm or personal funds with client funds in the trust and made disbursements from the trust for business or personal purposes. Like the unauthorized checks, the disbursements ranged from hundreds to thousands of dollars and were labeled for purposes such as “Phone.”
Based on each of those allegations, the commission alleged Agard violated several rules, including:
- Indiana Rule of Professional Conduct 1.15(a), for allowing a deficiency to occur in her trust and initiating four online/electronic transfers
- Indiana Admission and Discipline Rule 23, Section 29(a)(4), for comingling funds
- Indiana Admission and Discipline Rule 23, Section 29(a)(5) for making at least 27 unauthorized disbursements and at least four unauthorized online/electronic or bank initiated debits from the trust account
- Indiana Admission and Discipline Rule 23, Section 29(a)(7) by maintaining files on a leased computer and losing access to the files
According to the Tuesday order, Agard resigned as an acknowledgement that she could not successfully defender herself against the allegations in the complaint. That disciplinary proceeding has now been dismissed as moot.
Agard cannot petition for reinstatement for five years. Should she seek reinstatement, approval would require clear and convincing evidence of her remorse, rehabilitation and fitness to practice law.
The costs of the proceeding are assessed against Agard.
JUDGES OR POLITICIANS?
Gavel Gamut By Jim Redwine
www.jamesmredwine.com
JUDGES OR POLITICIANS?
We are now into the third week of our National Judicial College Internet course on the education of newer judges by not so new ones. We have covered recommended academic curricula for judges and had one session on the general roles of each of the three branches of government. Let’s move on to a discussion of judges and politics. We can begin with Canon 4 of the Code of Judicial Conduct in the Indiana Rules of Court, Volume I – State, 2017. As set forth in the commentary to Canon 4, Rule 4.1(D)[1] and [2]:
“[1] Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence. In furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free, and appear to be free, from political influence and partisan interests. Therefore, this Canon permits only narrowly-tailored exceptions to the prohibitions against political activities of judges and judicial candidates, taking into account the different methods of judicial selection and the role of the electorate in selecting and retaining its judiciary.
[2] When a person becomes a judicial candidate, this Canon becomes applicable to his or her conduct.â€
That rule covers a lot of ground but the public policy behind it is found in the following succinct statement:
“Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence.â€
Canon 4, Rule 4.1(D) comment [3].
A judge or judicial candidate is ordered to take reasonable measures to ensure that other persons, including the judge’s or candidate’s staff do not engage in activities prohibited by the Canons.
In Posey County, Indiana judges must run as Independents, Democrats, Republicans or a nominee of some other officially recognized political party. Regardless, the Canons must be adhered to. Of course, people who are not within the legal community such as political party officials, other office holders and private individuals may have difficulty understanding how essential an independent judiciary is to our democracy and to public confidence that matters will be judged only on the proper law and the actual facts in controversy.
We all want to win and we believe we should win. For example, Peg and I always root for Indiana University and find it odd that others do not. Partisanship is an integral part of human nature. Of course, that’s exactly why we need judges who are not partisan and who are perceived by the public to be fair and independent.
It is not that the Canons of Judicial Conduct do not understand human nature. Au contraire, Gentle Reader, that is the very reason the Canons exist and should be followed.
For more Gavel Gamut articles go to:
Today is #GIVINGTUESDAY and Get that Tax Deduction.
Today, November 28th is #GIVINGTUESDAY, join the movement and give – whether it’s some of a donation, gift or the power of your voice in your local community.
It’s a simple idea. Whether you come together with your family, your community, your company or your organization, find a way to give back and then share your idea. Get started below by choosing a path below.
The Blue Alert Foundation helps families of fallen Law Enforcement Officers Killed in the Line of Duty. We Work to bring support to the families of fallen officers. The unexpected loss of life & loss of everyday function puts a strain on these families.
The Blue Alert Foundation also repairs Police Memorials that have fallen in disrepair and are in need to bring them back to Honor those who paid the Ultimate Sacrifice.
And The Blue Alert Foundation Donates Bulletproof Vests and Training Equipment to Police K9 Units that are in need that Normally not provided by the agency.
The Blue Alert Foundation needs your help to keep these projects going to help the Families and the Communities of Our Fallen Officers.
You can a Tax-Exempt Deduction to the Blue Alert Foundation at the Link Below.
Every Dollar Counts, Please Give what you can this #GIVINGTUESDAY.
Thank You.
Donation Link: http://www.bluealert.us/BlueAlertStore#!/Donation/p/58340754/category=15980429
NOVEMBER 2017 BIRTHDAY
DEBBIE TAYLOR
RHETT SCHREIBER
BRUCE LI
JENNIFER SCHMITT
SIDDHRTH TRIVEDI
DANA BRINKLEY TRIBLE
JANE LAMBERT RABER
MANDY STAUP DOUBLER
JESSE STORY
DONNA WINKLER
WRENNA LONG
MARTI HALL
JOHN M BUCKMAN
DEREK MASTERSON
SHAWN DICKERSON
ERIC SCHMIDT
DOUG MESSICK
JEFFREY JACKSON
BOBBY POTTS
CARON LEADER
ALAN TARGGART
KEVIN AXSOM
SUE MAYER
RYAN O’BRYAN
JEFF WOLF
KELLY LEFLER
GINNY GOODMAN
MISTY HART
ANGELA KOEHLER LINDSEY
RON BEACON
CATHY MYERS
ERIC WILLIAMS
JARED HOZEY
TAYLOR KENDALL
LONNIE D PACE
MARCIA STEARN
CARSON LOWRY
DAMON HANCOCK
CURT JOHN
JARED HOZEY
TAYOR KENDALL
ERICA GRIESMER
YVONNE WASSON
SNOOCH VANMETER
THERESA CATANESE
MICHAEL A DASSELL
SANDY HARRISON
KAREN WALLACE
DAVID SCOTT COKER
GREG HICK
CARL UNDERWOOD
TINA CONNER
COREY ELDRIDGE SR.
BOBBY POTT
BOBBY G POTT
BEN TROCKMAN
JOE NOTTER
RYAN O’BRYAN
SUE MAYER
KEVIN AXSOM
BRIAN REVALEE
GAY ANN HARNEY
MIST HART
ANGELA KOEHLER
PHILLIP R HOOPER
ROBERT SCOTT SUBLETT
JEREMY YOUNG
TINA CONNER