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The New-Harmony Gazette Publisher Ask For Public Records

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The New-Harmony Gazette Publisher Ask For Public Records

May 11, 2017

Carl Schmitz, Commissioner, Posey County, Indiana 132 East 2nd Street
Mt. Vernon, Indiana 47620

Dear Commissioner Schmitz:

Pursuant to the Access to Public Records Act ( Ind. Code 5-14-3) I would like to obtain a copy of the following Public Records:

In a cell phone text dated March 24, 2017, you stated to me that you had an engineer’s report stored in your barn that would confirm the remarks that you made to citizens of Posey County, Indiana at a public meeting on March 11th, concerning the status of the Harmony Way Bridge. You indicated, after I requested the report for the New Harmony Gazette, that it would take a couple of weeks for you to get it.

More than two weeks have come and gone and I have not received the report nor any word from you regarding this matter. I also requested the report from you via a text message to your cell phone at 812-483-1629, on April 12, 2017. Again, no response! I believe the statements that you made were false and I am now taking steps to formally request the engineer’s report, that you say you have, through Indiana’s Public Access Act.

Also on March 24, 2017 you indicated, via text, to me that the reason you voted “NO” twice in 2014 for Posey County to “Not” take title to the Harmony Way Bridge, was because of this unsubstantiated information which you indicate shows that it would cost $41 to $50 million to reopen the bridge. This decision had a potential negative effect on the economy of both The Town of New Harmony and Posey County. It has been calculated that the Harmony Way Bridge can attract gross receipts of nearly $600,000 per year and possibly as much as $500,000 in transient income per annum. It’s important for the voters and citizens to know that what you said that you depended upon to make your decision was based on factual data, such as a valid engineer’s report.

On March 11, 2017 at a Public Meeting in Poseyville Indiana, entitled, Farm Bureau/Cracker Barrel Legislative Forum, you made the following statements pertaining to any assistance by the Posey County Government, whom you represent, participating in the reopening of the Harmony Way Bridge. The bridge is located on the Wabash River between New Harmony, Indiana and Crossville, Illinois:

1)”I wouldn’t drive over it on a four wheeler.”
2)“No one owns it.”
3)The cost to update the bridge is $41 to $50 million dollars.

Regarding the first comment, it must be pointed out that in July 2016, six citizens of Indiana and Illinois, myself included, walked across the entire Harmony Way Bridge together from Indiana to Illinois and back without any bridge structure reverberations. Everything went just fine.
New Harmony Indiana, Road Maintenance Supervisor Bobby Grider has been observed by me

and by several other residents of New Harmony over the past two years crossing the Harmony Way Bridge by bicycle from Illinois, where he lives, to New Harmony, Indiana, where he works. Grider comes over on the bridge in the morning, and back to Illinois in the afternoon. The bridge has not shown any negative effects from Mr. Grider’s many crossings back and forth on his bicycle. Please furnish the New Harmony Gazette, to my attention, the proof that you say you have in the form of an engineer’s report that validates your statement, “I wouldn’t drive over it on a four wheeler,” pertaining to the Harmony Way Bridge.

In your second statement, “No one owns it,” I merely ask that you answer the following questions, in writing. Have you ever heard of the White County Bridge Commission? Are you familiar with the names David Rice and Michael Spud Egbert in that regard? Are you familiar with an Act of Congress dated April 12, 1941 under 55 Stat. 140, which created the White County Bridge Commission and authorized the Commission, the current owners, to purchase the Harmony Way Bridge? Please be so kind as to answer these questions in writing so that the New Harmony Gazette can convey your answers to the People of New Harmony and Posey County, Indiana.

Your last statement was about the cost to update and reopen the Harmony Way Bridge at a cost of $41 to $50 million dollars. You confirm in a text message to me dated March 24, 2017, that this cost was your primary reason for voting “no” on the option of Posey County taking title to the Harmony Way Bridge on two separate occasions in 2014. You say it was from data on the engineer’s report which you have in your barn. According to all of the engineers reports, that I personally have in my possession currently, your comment has no basis in fact. This is the third time that I have requested the engineer’s report that you say you have, that proves your assertion regarding these inflated cost figures and was reported by you to the public on March 11, 2017. Please forward that engineer’s report to my attention at The New Harmony Gazette.

I understand that if I seek a copy of these records, there may be a copying fee. Could you please inform me of that cost prior to making the copy. I can be reached at 347-757-8142 and email at draybarton@gmail.com.

According to the statute you have 7 calendar days to respond to this request.

If you choose to deny the request, then you are required to respond in writing and state the statutory exception authorizing the withholding of all or part of the public record and the name and title or position of the person responsible for the denial.

Please comply and release these reports to the New Harmony Gazette, to my attention at:

The New-Harmony Gazette. Dan Barton, Publisher
P.O. Box 551
New Harmony, Indiana 47631

Thank you for your assistance in this matter,

Respectfully,
Dan Barton, Publisher

FOOTNOTE: The City County Observer posted this article without opinion, bias or editing.

CHANNEL 44 NEWS: New Law Alters Wineries and Artisan Distilleries

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New Law Alters Wineries and Artisan Distilleries

Just last week Indiana Governor Eric Holcomb signed a new bill into law that changes the way wineries and artisan distilleries work. Before the law, tasting rooms had to have a barrier 3 feet away from the bar with underage people stuck behind. Now,…

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

USI Students Take Home State, National Awards In Radio

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USI Students Take Home State, National Awards In Radio

Students from University of Southern Indiana’s student-run radio station, 95.7 The Spin, took home multiple state and national awards to close out the 2016-17 school year.

Christie York, news director for The Spin, received first place in Hard News by the Broadcast Education Festival (BEA) in the Festival of Media Arts Competition and first place in Radio Newscast by the Indiana Association of School Broadcasters (IASB) College Competition. York also received awards in features and news reporting, election coverage, and public affairs from the Indiana Society of Professional Journalists.

Tyler Cooper ‘17, on-air personality for The Spin and current morning show host for HOT96 in Evansville, received two Awards of Excellence from the BEA in On-Air Personality and in PSA/Promo/Commercial, and second place in Radio Air Personality from the IABC. Cooper, along with Michal Harris and Brandon Mendel, received first place in Radio Imaging from the IABC.

Jevin Redman ’17, sports director for The Spin, was awarded second place in play-by-play by the BEA. Redman also received first place in Play-By-Play and third place in Radio Sportscast by the IASB.

The team of Sebastian Sturgeon and Jacob Daniels, and the team of Riley Cornett and Colin McDuffee received first and second place, respectively, in Radio Show from the IABC.

For more information about The Spin, visit 957thespin.com or contact the station at 812-465-1665.

ACLU Slams, Prosecutors welcome Sessions’ Call For Tougher Charges

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ACLU Slams, Prosecutors welcome Sessions’ Call For Tougher Charges

IL for www.theindianalawyer.com

The American Civil Liberties Union says Attorney General Jeff Sessions is “repeating a failed experiment” by encouraging prosecutors to pursue tougher charges against most suspects.

Udi Ofer, director of the organization’s Campaign for Smart Justice, said it sounds a lot like a throwback to the war on drugs. He says that effort in the 1970s and ’80s “devastated the lives and rights of millions of Americans” and disproportionately hurt minorities. He says Sessions risks repeating “a vicious cycle of incarceration” at a time when crime rates are low.

Sessions’ memo to U.S. attorneys is an undoing of Obama-era policies that aimed to ease federal prison overcrowding and show lenience to nonviolent, lower-level drug offenders. Sessions says the opioid scourge shows the need to return to tougher tactics.
Ofer says the policy is “draconian.”

Some prosecutors, however, are praising Sessions’ new policy urging them to charge the most serious crimes against suspects.

The move has been criticized by defense attorneys and advocates as likely to crowd federal prisons and subject lower-level drug offenders to long mandatory minimum sentences they see as unfairly harsh.

But the head of the National Association of Assistant United States Attorneys says the new guidance will make the public safer.

Lawrence Leiser said the policy will “restore the tools that Congress intended” federal prosecutors to use to punish drug traffickers and dismantle gangs.
He says the policy is simply an application of sentencing laws approved by Congress.

The policy undoes Obama-era guidance that Sessions says sidestepped federal law by allowing prosecutors to avoid charging some people with the most serious charges.

The head of a defense attorneys organization the directive that prosecutors pursue tougher charges against suspects has stripped them of their ability to seek justice.

Barry Pollack, of the National Association of Criminal Defense Lawyers, says the new policy will “yield unfair results” and marks a return to the failed policies of past administrations.

Sessions is telling the nation’s federal prosecutors to pursue the most serious charges possible against most suspects. That is sure to send more people to prison and for much longer terms by triggering mandatory minimum sentences. Sessions announced the move in a policy memo sent to U.S. attorneys. It’s long been expected from the former prosecutor who has made fighting violent crime the Justice Department’s priority.

The change undoes Obama administration policies aimed at easing prison overcrowding and showing leniency for lower-level drug offenders. Critics of the shift say it will revive the worst aspects of the drug war. But Sessions has said a spike in violence in some big cities shows the need for a return to tougher tactics.

Adopt A Pet

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Cheyenne is a 5-year-old female Mastiff/Saint Bernard mix. She weighs 117 lbs! She was returned after 5 years due to allergies. Her $100 adoption fee includes her spay, microchip, vaccines, and more. And, she’s ready to go to her new indoor home today! Contact the Vanderburgh Humane Society at (812) 426-2563 Tuesday-Saturday 12-6 for adoption details!

 

Governor Eric Holcomb Directs Flags to Be Flown at Half-Staff

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Governor Eric J. Holcomb is directing flags at state facilities across Indiana to be flown at half-staff in honor of Peace Officers Memorial Day.  Flags should be flown at half-staff sunrise to sunset on Monday, May 15, 2017.

Governor Holcomb also asks businesses and residents statewide to lower their flags to half-staff to honor the occasion.

 

HOT JOBS IN EVANSVILLE

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Data Specialist for the Office of Transformation Zone
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Applicant must hold a degree in Information Systems or research related field or equivalent work experience. This position will automatically be enrolled in the…
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Medical Office Assistant Float
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Assists in discharge process from medical office including collecting payments, posting charges, issuing receipts and posting payments….
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Clinical Office Assistant CMA Float
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The Clinical Office Assistant is responsible for providing direct or indirect care according to the applicable state Nurse Practice Act to patients who present…
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Performs basic office functions (i.e., answers and directs telephone calls, sends and receives faxes, and orders supplies)….
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Operations Clerk, Part-Time-UPS Freight
UNITED PARCEL SERVICE 16,118 reviews – Evansville, IN
UPS Freight, a leader in the LTL trucking industry, is currently seeking an Operations Clerk to answer customer inquiries, process paperwork, and follow…
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Warehouse Crew Leader
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Part-Time Freight Associate (Early Morning)
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Promptly responds to call box, phone calls and pages for areas of responsibility. Follows Company merchandise presentation directives and standards while…
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Production Worker
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No phone calls please. Must be able to read a tape measure and be punctual, reliable, and ready to work everyday….
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Student Accounts Clerk
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Answer phones and respond to email inquiries from students, families and other campus departments. Cashier duties, including posting student payments and…
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Performs clerical functions to include staffing HR front desk; Data entry, scanning and filing related to evaluations, disciplinary actions and various other HR…
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Someone to simply bust it and hustle.
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Cleaning of resident rooms and common areas in Assisted Living facility in Downtown, Evansville. Previous cleaning experience required as well as favorable work…
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Offer a fast, fun and friendly guest experience. Target merchandise discount. Deliver a great-looking, fully-stocked sales floor….
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E xpre ssway offers excellent income potential, training, and benefits that include:. 401K with profit sharing and match Low cost Health Insurance with Free…
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Move Management Coordinator I
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Ability to establish and maintain effective working relationships with employees, agents, and other outside organizations….
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The Marketing/Graphic Design intern will assist the Growth Alliance’s Marketing Communications Manager with ongoing graphic design and marketing projects….
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SUPERVISOR-LOGISTICS
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PE & Industrial Technology: Intro to Manufacturing
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Drivers must hold a valid and current Class A CDL. The successful candidate will also demonstrate pride in their work, safe driving and high attendance….
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The Entry Level Production positions will process linens, uniforms, and other laundry items at an acceptable quality level on schedule and within budget….
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AC/DC Motor Technician
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ABA Advises ‘Reasonable Efforts’ To Protect Client Data

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ABA Advises ‘Reasonable Efforts’ To Protect Client Data

www.threindianalawyer.com

A new ethics opinion from the American Bar Association is calling on attorneys to make “reasonable efforts” to ensure their electronic attorney-client communications are not subject to inadvertent or unauthorized disclosure.

The ABA Standing Committee on Ethics and Professional Responsibility issued Formal Ethics Opinion 477 on May 11, providing an update to Formal Opinion 99-412, which was handed down in 1999. The original 1999 opinion addressed lawyers’ confidentiality obligations for email communication, but subsequent evolution in the “role and risks of technology in the practice of law” required the committee to update its recommendations for protecting client information.

In today’s world, attorneys generally use electronic means as their primary method of communication with clients, and that communication can take place on a number of different devices, each susceptible to data breaches, the opinion says. Thus, attorneys must ensure their clients understand the security concerns associated with electronic communication and, further, must make reasonable efforts to protect communications on each device from an inadvertent hack.

A “reasonable effort” is a fact-sensitive question, the committee said. The opinion offers seven recommendations for making reasonable efforts to protect client data and communications:

• Understand the nature of the threat

• Understand how client confidential information is transmitted and stored

• Understand and use reasonable electronic security measures

• Determine how electronic communications about client matters should be stored

• Label client confidential information

• Train lawyers and nonlawyer assistants in technology and information security

• Conduct due diligence on vendors providing communication technology

In sum, “a lawyer generally may transmit information relating to the representation of a client over the Internet without violating the Model Rules of Professional Conduct where the lawyer has undertaken reasonable efforts to prevent inadvertent or unauthorized access to information relating to the representation.” However, the opinion goes on to advise, “a lawyer may be required to take special security precautions to protect against the inadvertent or unauthorized disclosure of client information when required by an agreement with the client or by law, or when the nature of the information requires a higher degree of security.”

The full text of Formal Opinion 477 can be found here.

To All The Mothers

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