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Willard Library
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Willard Library ◊ 21 First Avenue ◊ Evansville, Indiana 47710 ◊ 812-425-4309 ◊ willard@willard.lib.in.us

Breaking News: Senate Passes Hourly Fee For Public Records Searches

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Senate Passes Hourly Fee For Public Records Searches
The Indiana Senate has approved House Bill 1523 allowing government agencies to charge $20 per hour for public records requests that take more than two hours to complete.

The measure by Republican Rep. Kathy Richardson of Noblesville passed the Senate on a 44-3 vote Wednesday.

Under the proposal, the first two hours would not be billed. After that, hours spent working to complete the request would come with a bill that’s the lesser of $20 per hour or the hourly wage of the employee completing the search.

The bill’s author said public records requests can take an excessive amount of government workers’ time.

Opponents disagree with charging for requests under open government laws. They point out that government employees are paid by taxpayers.

Eagles dealt a 5-1 loss by Aces

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The University of Southern Indiana baseball team fell behind early and lost a rain-shortened game to the University of Evansville, 5-1, Wednesday evening at Charles H. Braun Stadium. USI watched its record go to 12-14 overall, while Evansville goes to 9-20.

The Purple Aces put on a power display with two home runs in jumping out to a 4-0 lead after three innings. Evansville scored three in the first and one in the third to get the early advantage.

USI put a tally on the scoreboard in top of the fifth, taking advantage of three Evansville errors. Senior rightfielder Cody Montgomery (Shepherdsville, Kentucky) crossed the plate with USI’s only run, scoring when junior second baseman Joe Redburn (Newburgh, Indiana) hit into a double play.

The Eagles missed a chance to get back into the game in the seventh when they loaded the bases with one out and failed to score. USI also tried to rally in the eighth when it led off the frame with a hit and a walk before the rains came and washed out the final two innings.

On the mound, junior right-hander Nick Gobert (Jasper, Indiana) received the loss for the Eagles. Gobert (0-1) allowed four runs on six hits in an abbreviated two-plus innings of work.

Sophomore left-hander Chase Partain (Evansville, Indiana) followed Gobert to the mound and had a strong outing in relief. Partain went four innings, allowing one run on two hits and striking out four batters.

The Eagles return to the friendly surroundings of the USI Baseball Field to host a four-game series with the University of Wisconsin-Parkside April 8-9. For up to date information on coverage of USI Baseball, visit GoUSIEagles.com.

USI holds a 42-27 lead over the Rangers of UW-Parkside, taking three of four last year at the USI Baseball Field after being moved from Kenosha, Wisconsin, due to weather. The Eagles have won 27 of 32 games from the Rangers since Head Coach Tracy Archuleta made the move to USI from the University of Wisconsin-Parkside.

 

IS IT TRUE APRIL 6, 2017

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IS IT TRUE published below are a few past posts submitted by CCO bloggers during the last several days that we found interesting?  …we hope you enjoy reading and responding to them?

IS IT TRUE yesterday Joe Wallace posted a comment about the Ford Center bond note?  …he said; “It is bleeding $9 Million per year Press. $1 M from operating losses and $8M to pay the note. It was asserted by the masters of the universe to generate enough free cash flow to pay that note. Delusion runs deeper than the Mighty Ohio River”.

IS IT TRUE yesterday CCO blogger Pressanykey posted “Three million dollars for a carousel for a zoo that is perpetually operating in the red. Hundreds of thousands of dollars to prop up a hockey team in an attempt to prop up an arena that is bleeding a million dollars annually. Ditto for the auditorium that goes by the name of The Old National Bank Events Plaza. Who is making the payments in order to keep the doors ope on all of these public entertainment facilities? You are with your taxes”.?  “If you wade your way through the 220 pages of the Regional Cities Plan for the “Great Southwest Indiana Region” I don’t thing you will find where any of that money is targeted to help make the payments on the above mentioned facilities. Instead what you WILL find are multiple plans where, for a modest amount of seed money, they expect the taxpayers to raise/leverage the additional money needed to do any of the projects outlined in the report.”  “If you can not make the payments on what you currently have, without raising taxes and fees, do you think it is a good idea to saddle taxpayers with additional debt on new projects? I suggest that at the next city council meeting the taxpayers hand out Santa Claus outfits to the council members”.

IS IT TRUE last week a CCO blogger posted the following statement we found extremely interesting?  …he said “with all of this unbelievable Addendum #6 a very urgent question arises and if I were a bond holder of the $127 million Ford Center I would want to know the answer — Who is responsible for the Five year lease of the Ford Center signed on behalf of the New hockey team named the Evansville Thunderbolts with the city signed by a probable shell corporation, or is Venue Works liable or its wholly owned subsidy that just appeared or is the City liable ? The Evansville Icemen that were forced out by Mayor Wenneke and Venue Works was a solid tenant for 5 years and used the arena 36 nights and paid approx $650,000 in Base rent , facility fees and video and audio use fees each season which made the Icemen the biggest tenant and user for five years — the Thunderbolts fell massively short of that its first year”?

IS IT TRUE last week another a CCO blogger called B Hall posted the following message we also found interesting ? …he said ‘It appears that the real conflict was that the head of Venue Works was on the negotiating team for the ERC as they negotiated the renewal of the contract with the Icemen.  This in turn leads to IS IT TRUE: The renewal contract with the Icemen was not negotiated in good faith but instead it was negotiated primarily for the personal gain of Venue Works.  IS IT TRUE: As soon as the negotiations with the Icemen reached an impasse and it was certain that the Icemen would not be returning to the Ford Center, Addendum 6 was added to the original agreement. This Addendum mysteriously extended the Venue Works’ Management Agreement for 5 years with a $390,000 per year possible bonus which is just a few dollars south of $2,000,000. In addition it also appears that this financial burden will be the responsibility of local tax payers.  IS IT TRUE: That thru a Sustained Effort Incentive Fee Account, the city of Evansville then advanced, loaned or gave Venue Works $200,000 of the $225,000 that Venue Works needed to acquire the SPHL franchise. When Addendum 6 was executed the $200,000 was disbursed to Venue Works and the account was terminated.  IT IS VERY TRUE sure glad I’m not on the Evansville tax roll?

IS IT TRUE CCO blogger called Line posted the following remarks in yesterday CCO?  …Lime posted the following statement:  “1) Did the City fund the $ 200,000 in the ‘Sustained Effort Incentive Fee Account’, which Item 4 states that the parties AGREE that that much was “earned” ?  2) “If Yes, which means the City really paid $ 200K of the $ 225K hockey license fee for VenuWorks, then WHY oh WHY in Section 7 would the City have to “reimburse” VenuWorks to get them to transfer the license to an entity “approved by the SPHL” ? In essence: the City paid almost all of it in the first place, and now the City has to reimburse VenuWorks for something Venuworks didn’t pay” ???  The Sustained Effort Incentive Fee Account = SLUSH FUND”?

FOOTNOTES: Todays “READERS POLL” question is: Do feel that Mayor Winnecke has any idea about the massive amount of debt he has incurred since he has been in office?

We urge you to take time and click the section we have reserved for the daily recaps of the activities of our local Law Enforcement professionals. This section is located on the upper right side of our publication.

If you would like to advertise or submit and article in the CCO please contact us City-County Observer@live.com.

 

Marsha Abell Barnhart Calls Commissioner Cheryl Musgrave An Out and Out Liar

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Posted below are comments made by former County Commissioner Marsha Abell Barnhart concerning a statement made by Commissioner Cheryl Musgrave about the hiring of the former Director of Burdette Park.  Marsha Abell Barnhart comments about Mrs Musgrave was posted on her Facebook page.  We asked and received permission from Marsha Abell Barnhart to post her Facebook page comments in the CCO.  We post her comments about Commissioner Musgrave without bias, opinon or editing. You can also click the blue headline below and it shall take you directly to Mrs. Barnhart Facebook page.
Marsha Abell Barnhart Calls Cheryl Musgrave An Out And Out Liar 
 No words are to be withheld. Cheryl Musgrave as an out and out liar. She knows nothing about how the Burdette Parks Director was hired because she was not on the commission. She was out trying to start trouble somewhere else then. I, however, was a commissioner with the Honorable Stephen Melcher and the Honorable Joe Kiefer. All three of us interviewed Mr. Murphy and I checked on him with my contacts in Louisville. We were lucky to be able to hire him. Musgrave has botched this entire issue and now says it was the previous commissioners. She has lied so much she can’t determine what is true and what is not. And she will throw anyone under the bus to get what she wants. Too bad the State of Indiana didn’t want her so we got her back.

CHANNEL 44 NEWS: Teachers Receive Top Honors From UE

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Teachers Receive Top Honors from UE

Four educators in Evansville went to work thinking it was a normal day. But little did they know, they were being recognized for their efforts. The University of Evansville presented its Outstanding Educators of the Year awards. Staff and students…

7th Circuit: Civil Rights Act Of 1964 Provides Protection For LGBT Worker At Ivy Tech

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7th Circuit: Civil Rights Act Of 1964 Provides Protection For LGBT Worker At Ivy Tech

Marilyn Odendahl for www.theindianalawyer.com

The employment discrimination complaint that began as a pro se filing by an Indiana math teacher has led the 7th Circuit Court of Appeals to become the first federal appellate court to find the Civil Rights Act of 1964 provides protection for LGBT workers.

Issued about four-and-a-half months after oral arguments before the entire court, the majority opinion in Kimberly Hively v. Ivy Tech Community College, 15-1720, found that discrimination on the basis of sexual orientation is a form of sex discrimination which is prohibited under Title VII of the Civil Rights Act.

Lambda Legal Defense & Education Fund, which argued Hively’s position before the 7th Circuit, heralded the ruling as having an impact beyond Indiana.

“This decision is a gamechanger for lesbian and gay employees facing discrimination in the workplace and sends a clear message to employers; it is against the law to discriminate on the basis of sexual orientation,” Greg Nevins, employment fairness program director for Lambda Legal, said in a statement.

However, three judges in the 7th Circuit dissented, arguing the court overstepped the judiciary’s role by interpreting the statute more broadly than Congress intended. The counter opinion asserts that when Title VII was adopted, the ban on discriminating because of an employee’s sex pertained solely to being either male or female. In 1964 and even today, the meaning of the word “sex” does not include “sexual orientation.”

“If Kimberly Hively was denied a job because of her sexual orientation, she was treated unjustly,” Judge Diane Sykes wrote in the dissent. “But Title VII does not provide a remedy for this kind of discrimination. The argument that it should must be addressed by Congress.”

The case has been remanded to the U.S. District Court for the Northern District of Indiana. In a statement, Ivy Tech said it would not appeal the decision to the Supreme Court of the United States.

“Ivy Tech Community College rejects discrimination of all types, sexual orientation discrimination is specifically barred by our policies,” the institution said. “Ivy Tech respects and appreciates the opinions rendered by the judges of the Seventh Circuit Court of Appeals and does not intend to seek Supreme Court review. The College denies that it discriminated against the plaintiff on the basis of her sex or sexual orientation and will defend the plaintiff’s claims on the merits in the trial court.”

Hively was a part-time adjunct professor at Ivy Tech in South Bend for 14 years. She claims she was denied full-time positions and eventually had her employment contract cancelled because she is a lesbian.

The U.S. District Court for the Northern District of Indiana dismissed Hively’s pro se lawsuit because Title VII protections do not extend to sexual orientation. Lambda Legal Defense & Education Fund stepped in to represent Hively and appealed the ruling to the 7th Circuit.

In July 2016, the three-judge panel upheld precedent and affirmed the district court. But the appellate ruling contained an extensive review of what the majority saw as growing confusion within the judicial branch as to whether sexual orientation discrimination could be viewed as a violation of the Civil Rights Act.

Picking up on the panel’s observation that separating gender non-conformity from sexual orientation is difficult, the majority maintained the U.S. Supreme Court has been moving the goalposts as to what is included in sex discrimination.

When Congress enacted civil rights, it may not have envisioned the statute would protect against sexual harassment. Still, the Supreme Court held Title VII covers this kind of harassment in a string of decisions beginning with Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986). And, the majority noted, three years later in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the nine justices reached the decision that Title VII prohibits discrimination based on a person’s failure to conform to a certain set of gender stereotypes.

The majority found that Hively did not conform to the female stereotypes.

“Any discomfort, disapproval, or job decision based on the fact that the complainant – woman or man – dresses differently, speaks differently, or dates or marries a same-sex partner, is a reaction purely and simply based on sex,” Chief Judge Diane Wood wrote for the court. “That means that it falls within Title VII’s prohibition against sex discrimination, if it affects employment in one of the specified ways.”

Bucshon Claims To Oppose Obamacare!

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“But votes to save it and make it worse.  Then attacks Conservatives.”

written by Richard Moss MD

(WASHINGTON, D.C.) – Following nearly 28 hours of debate in the House Energy and Commerce Committee, Eighth District Congressman Larry Bucshon, M.D. voted to approve legislation as a part of the process to repeal Obamacare and replace it with patient-centered reforms that drive down costs and expand access to quality health care.

Congressman Larry Bucshon of Indiana’s 8th Congressional district was out in front on this one, a change for the normally reclusive representative, who is generally content to sit out controversies.  But on this, Bucshon came out swinging using his credibility as a physician to bolster the cause of the recently defenestrated GOP health care bill known as the American Health Care Act.  Only this was the wrong hill to fight on.  Because the AHCA did not repeal Obamacare, it saved it and made it worse, and Bucshon should have known this.  But Bucshon got his marching orders and obeyed.

In 2010, Bucshon rode his opposition to Obamacare or the Affordable Care Act to a seat in Congress, the historic “Tea Party” year when Republicans took back the House, and America decided it was time to stop Obama and the Democrats from doing any more damage to the country.  In every election cycle since, Bucshon and Republicans campaigned on this issue, pointing to their many votes repealing Obamacare that ultimately failed before Democrat filibusters or an Obama veto.  The GOP took the Senate in 2014 and the Presidency in 2016 in large measure owing to their opposition to Obamacare. But now the barking dog caught the car.  With a Republican President in power, the same repeal bill Obama had vetoed would now be signed.  But they didn’t send that bill to President Trump.  Instead they sent him the AHCA, which preserves Obamacare.  What happened?

The arguments for a freestanding repeal of Obamacare (to be “replaced” later) are the same as they were before only better.  Put simply, Obamacare harms far more people than it helps.  Of the alleged 20 million newly insured under Obamacare, 16 million receive Medicaid, which could be continued without Obamacare.  There are less than five million newly insured who depend on Obamacare subsidies.  But Obamacare has hurt 200 million other Americans and devastated the health care industry.  Premiums and deductibles for 155 million individuals with employer-based insurance have skyrocketed.  Consumers did not keep their doctor or their plan.  Eleven million individuals have paid penalties for not purchasing insurance.  Fifty five million Medicare recipients have reduced benefits.  Hundreds of thousands of laborers were given part-time work to avoid the employer mandate. (from Gerard Gianoli) The nation’s largest insurers have jumped ship after losing hundred of millions of dollars. States and counties across the land have only one insurer.  Nearly three fourths of the Obamacare exchanges are bankrupt. Obamacare, in other words, is in free fall.  And the AHCA would have led to an even more rapid collapse – only this time with Republican fingerprints all over it.

So why did Ryan, Bucshon, and the Republicans not put forth the same repeal bill they had sent to Obama in 2015 when it would have counted?  Because they had no intentions of repealing their favorite whipping boy.  They liked having Obamacare around to fund raise and campaign with, but they were never serious about repealing it.

Republicans have a unique, once in a generation opportunity to pursue a limited government, free market, liberty oriented agenda.  To begin undoing the damage done not just by Obama the last eight years but the entire leftist agenda of the last 100 years.  And there was never a better time to begin this than now over the issue of Obamacare, a deeply unpopular and defective program.  Instead, they pushed an upgraded version of Obamacare with a Republican bow around it, while maintaining many of its worst features.  The AHCA perpetuated a program that nationalized one fifth of the economy, raised premiums, and destroyed the health care industry, when Republicans, who now enjoy monopoly federal power, could have simply ended it.

The Paul Ryans and Mitch McConnells and Larry Bucshons of the Republican Party voted to repeal Obamacare 62 times since 2010. But when they actually had the chance to revoke the 2700 page monstrosity with a Republican President in the White House, they did not.  Instead they aimed their fire at the 18 members of the “Freedom Caucus,” the conservatives who voted against the AHCA, thereby saving the nation from another calamitous piece of legislation.  They reached out not to conservatives, the base of their party, whom they condemned, but to the Democrats who despise them.  Why?  Because they embrace big government.  Because they refuse to cut spending, balance the budget, and restore the Constitution.  Because they are liberals pretending to be conservatives.  And because they are frauds.

FOOTNOTE:  Brief Bio: Richard Moss MD is a practicing Ear Nose and Throat Surgeon, author, and columnist who resides in Jasper IN.  He lost his bid for the Republican nomination for Congress in Indiana’s 8th district in 2016.  Find more of his essays and blog posts at exodusmd.com.  Also find him on Facebook, Twitter, YouTube, and Instagram.