Pence Attorney Argues Public-Records Law Shouldn’t Apply To Emails

Dave Stafford for www.theindianalawyer.com

An attorney for Gov. Mike Pence argued Monday that Indiana’s Access to Public Records Act should not apply to a governor’s emails, prompting the plaintiff seeking those records to call the position chilling and reminiscent of the administration of President Richard Nixon.

“This is about transparency,” attorney William Groth said after the Indiana Court of Appeals heard arguments in a suit he filed after records he sought in an APRA request from Pence’s office were redacted. As a private citizen, Groth sought records of now-Vice President-elect Pence’s emails with Texas officials concerning a Texas lawsuit that Indiana joined opposing President Barack Obama’s immigration actions. The challenge to Obama’s actions ended in a 4-4 deadlock at the U.S. Supreme Court.

When the Pence emails were provided, the fees the state paid to Barnes & Thornburg LLP for legal fees in the matter were redacted, as was a white paper on the matter drafted by Texas officials. A Marion Superior Court ruling found Pence had complied with the Access to Public Records Act, as did the Indiana public access counselor.

Representing Pence, Barnes & Thornburg partner Joseph Chapelle argued that APRA doesn’t allow inquiry into a governor’s “personal papers.” But in answer to questioning from a panel judge, he said he could identify nothing in APRA that exempts a governor from disclosure of records that the law describes as public.

Representing Groth, attorney Gregory Bowes noted that when Pence vetoed a bill that would have exempted private university police from APRA, the governor said, “Hoosiers may be assured that my administration will always be vigilant to preserve government accountability and the public’s right to know.”

But Pence also has argued that a Supreme Court case that shielded lawmakers’ emails from public disclosure, Citizens Action Coalition of Ind. v. Koch, 51 N.E.3d 236 (Ind. 2016), should apply to his communications as governor.

Chapelle said that even if APRA did apply to Pence, he could claim that the materials were exempt from disclosure due to attorney-client privilege, as work product, or under the deliberative process exemption in the law.

Bowes countered that there was no attorney-client relationship between Pence and the Texas officials and that the other exemptions under APRA only exempt records dealing with interaction with other state agencies. He also said the information requested are facts, not legal opinions or strategy.

Court of Appeals panelists for the case, William Groth v. Mike Pence, 49A04-1605-PL-1116, are judges John Baker, Edward Najam and Chief Judge Nancy Vaidik.

Read more about this case in the Nov. 30 issue of Indiana Lawyer.

Evansville Rescue Mission’s 94th annual Thanksgiving Food Basket Giveaway

This year’s Gobbler Gathering will serve as the Evansville Rescue Mission’s 94th annual Thanksgiving food basket giveaway for families in need which will be held at ERM’s main campus at 500 East Walnut Street on Tuesday, November 22nd.

At Tuesday’s Gobbler Gathering, literally thousands of folks will visit the Rescue Mission’s main campus as a food basket recipient, a Mission staff or Board member, a community volunteer, or as a curious bystander.

ERM is fully anticipating that 1,800 Tri-State families in need will be attending one of seven distribution services (which will be held at 10 and 11:30 a.m., 1, 2:30, 4, 5:30 and 7 p.m.) to hear a message of hope and receive a food basket filled with Thanksgiving-themed items; particularly, a frozen 10-13 pound turkey, bagged potatoes, bagged onions, fresh celery, flour, corn meal, a loaf of bread, canned corn/green beans/peas/chicken broth/yams/cranberry sauce, stuffing mix, cake mix, Jiffy cornbread mix, egg noodles and macaroni & cheese.

Additionally, with the help of community volunteers, the Mission will deliver 382 grocery sacks of Thanksgiving-themed food to neighboring downtown Evansville apartment communities such as Kennedy & Buckner Towers, Liberty Terrace Apartments, Horizon Homes, Lucas Place II, and Aurora.

That being said, ERM is fully anticipating being able to assist a total of 2,201 Tri-State families (an organizational record) for this year’s Gobbler Gathering.

Of course, Gobbler Gathering Day will not be a success without the help of more than 700 scheduled community volunteers who will either assist Rescue Mission staff with registration, transfer food from our pallets into baskets, or lend a helping hand toward our food basket recipients.

More than 250 Tri-State churches, schools, businesses and families donated an assigned food item or a needed service to ensure the 94th annual Gobbler Gathering can take place.

In addition to distributing food, community volunteers will be handing out coats and accessories to any children who may be in need of warmer clothing on Gobbler Gathering day in lieu of the Evansville Rescue Mission’s “Coats For Kiddos” program.

Tracy Gorman, Evansville Rescue Mission’s President/CEO, states, “Every year when we host the Gobbler Gathering, we are reminded of the incredible privilege we have to make a difference in the lives of our fellow citizens in this area. Many will go home with the only food they will have for their Thanksgiving dinner. The opportunity to be a blessing is one that we take seriously, and it is one that we cherish. We’re so grateful to those throughout the region who give food and money, as well as their time and prayers, to make this event possible.”

The Evansville Rescue Mission gladly accepts monetary donations for the Gobbler Gathering. Gobbler Gathering contributions can be mailed to ERM at 500 E. Walnut St., Evansville, IN 47713 or by visiting our website, www.evansvillerescuemission.org.

For additional information on the Evansville Rescue Mission’s annual Gobbler Gathering, please contact Chris-Michael G. Morrison at 812.962.6701 or at chris.morrison@ermstaff.org.

Pence Attorney Argues Public-Records Law Shouldn’t Apply To Emails

Indiana Conservation Officers have added Small Unmanned Aircraft Systems (SUAS) to their search and rescue capabilities.  The DNR Law Enforcement Division is the first state emergency response agency to receive official endorsement to utilize these devices for the purpose of search and rescue operations.

“The SUAS machines will greatly enhance our ability to bring quick resolve in finding lost children, hikers, hunters, outdoor enthusiasts and injured people”, said Captain Keith Dinn, Support Services Assistant Commander.  “The training and expertise our certified pilots have received gives me confidence that our officers and other emergency responding agencies will have a much higher rate of success  in locating citizens in need with a much quicker response time.”

Currently, five Indiana Conservation Officers have become certified pilots of the SUAS machines and will be prepared for statewide response.   The DNR Law Enforcement Division has two SUAS units with future goals of adding more to the fleet.

Along with the ability to locate lost citizens, the SUAS will map out the obstacles for the emergency response personnel and provide knowledge of dangers before encountering the obstacle.

“I could not be more proud of our agency as we make this innovative and futuristic step forward to enhance our search and rescue response capabilities to reach our citizens in need”, stated Danny L. East, DNR Law Enforcement Director.

Gilda’s Club Will Host Breakfast with Santa for Community Families Touched by Cancer

Pre-registration for the free event is required.

Gilda’s Club Evansville is hosting Breakfast with Santa for families in the Tri-State who have been touched by cancer. The free event is on Saturday, December 3, 2016 at Gilda’s Club located 5740 Vogel Road, Evansville, Indiana. The doors will open promptly at 9am, and the event will last until 10:30am.

The event will include breakfast, story time, holiday crafts, holiday treat bags, and a visit from Santa. Children are invited to bring their holiday wish lists to share with Santa.

“We are so excited to be able to celebrate the holidays with our Gilda’s family and friends,” Chelsey Woolsey, Youth Program Coordinator, stated “Please join us and celebrate a wonderful start to a cheerful season.”

Pre-registration is required by Wednesday, November 30, 2016 by calling 812-402-8667 or emailing angie@gcevv.org.

For more information, call Serina Kelly at 812-402-8667.

About Gilda’s Club Evansville:
Gilda’s Club Evansville is a free cancer support community for anyone living with cancer and their families and friends.  Gilda’s Club recognizes that social and emotional support is as essential as medical care when cancer is in the family and offers a variety of workshops, classes, groups and activities in a non-res

Taylor Named GLVC Player Of The Week

University of Southern Indiana senior guard Jeril Taylor (Louisville, Kentucky) was named the Great Lakes Valley Conference Player of the Week for his most valuable player efforts in the Small College Basketball Hall of Fame Classic victories over Florida Southern College and Kentucky Wesleyan College. The GLVC Player of the Week honor is the first of Taylor’s USI career.

With sophomore guard Alex Stein (Evansville, Indiana) winning the award last week, USI players have won the GLVC Player of the Week award in back-to-back weeks for the first times since 2008-09. Jamar Smith won it back-to-back weeks in February of 2009, while Marvin Gray and Brandon Russ won the award in back-to-back weeks in November of 2008.

The senior guard started the week with a 30-point performance in the 108-94 victory over Florida Southern College. He shot 50 percent from the field (8-16), 50 percent from beyond the three-point arc (4-8), and converted a perfect 10-of-10 from the charity stripe, while grabbing eight rebounds.

Taylor concluded the SCB Hall of Fame Classic by dropping in 31 points versus Kentucky Wesleyan College in the Eagles’ 85-81 victory, including the three-point field goal and four-straight free throws to put USI ahead and seal the victory. He shot 54.5 percent from long range (6-11), while dishing five assists in the win.

For the week, Taylor averaged 30.5 points, 6.0 rebounds, 3.5 assists, and 2.0 steals per contest. He also shot 48.6 percent from the field (18-37), 52.6 percent from three-point range (10-19), and 93.8 from the line (15-16).

The Eagles and Taylor are idle through the Thanksgiving week before resuming action with the opening of the GLVC schedule on the road at McKendree University December 1. USI will not play its first official home game of the year until December 10 when it hosts Ohio Valley University at the Physical Activities Center.