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OCTOBER 8, 2016 “READERS FORUM”

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WHATS ON YOUR MIND TODAY?

Todays READERS POLL question is: WHO DO YOU FEEL IS THE MOST EFFECTIVE MEMBER OF EVANSVILLE CITY COUNCIL?

Please take time and read our newest feature articles entitled “BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.

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

City County Observer has been serving our community for 15 years.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute.

UPDATE – Indiana Voter Registration Project Investigation Expands from 9 to 56 of Indiana’s 92 Counties

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UPDATE – Indiana Voter Registration Project Investigation Expands from 9 to 56 of Indiana’s 92 Counties

Correction – Indiana Voter Registration Project Investigation Expands from 9 to 56 of Indiana’s 92 Counties; Registered Voters are Encouraged to Confirm Registration at https://indianavoters.in.gov

CORRECTION: The previous version of this release listed Jefferson County two times. This has been corrected with this update. The accurate number of counties potentially afffected by this investigation fifty-six.

Indianapolis – The investigation that began in late August of 2016 alleging the filing of fraudulent voter application information has expanded from the nine counties listed in an October 4, 2016 news release, to a total of 57 Indiana counties as of today’s date of October 6, 2016.

While it is the normal practice of the Indiana State Police to refrain from providing detailed updates of an active investigation, this exception is being made due to the deadline for Indiana voters to register or update their voter registration information by 11:59 p.m. on Tuesday, October 11, 2016.

Indiana voters may check the accuracy of their voter information by visiting this site: https://indianavoters.in.gov. Updates to voter registration information can also be made from the same site, up to the date of the deadline. The Secretary of State Office is also available to assist voters on regular business days, from 8:00 a.m. to 4:30 p.m. EST, by calling 866-461-8683.

While it is recommended all Indiana voters should confirm the accuracy of their voter registration information, it is especially prudent for voters who live in the listed counties to verify their voter information. At this point of the on-going investigation it is not possible to determine the number of registered voters that may have been negatively impacted by recent voter registration drive efforts.

The below list includes counties named in previous state police news releases:

Adams
Allen
Bartholomew
Benton
Blackford
Boone
Brown
Carroll
Cass
Clark
Clay
Clinton
Daviess
Dearborn
Decatur
DeKalb
Delaware
Dubois
Elkhart
Fayette
Floyd
Franklin
Fulton
Gibson
Grant
Greene
Hamilton
Hancock
Harrison
Hendricks
Henry
Howard
Huntington
Jackson
Jasper
Jay
Jefferson
Jennings
Johnson
Knox
Kosciusko
LaGrange
Lake
LaPorte
Lawrence
Madison
Marion
Marshall
Martin
Miami
Monroe
Montgomery
Morgan
Newton
Noble
Owen
The Indiana State Police is dedicated to protecting the right for all citizens to be able to cast a valid vote regardless of political party affiliation.

The previous news release on this ongoing investigation was issued on October 4, 2016 and is copied below for reference.

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BURSTEN

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Copy of Release Issued October 4, 2016:

Indiana Voter Registration Project Investigation Expands to Multiple Indiana Counties

Indianapolis – The investigation that began in late August of 2016 alleging the filing of fraudulent voter application information has expanded from the original involved counties of Hendricks and Marion to also include the counties of Allen, Delaware, Hamilton, Hancock, Johnson, Lake and Madison.

As part of the expanded investigation, state police detectives obtained a search warrant for the business offices of the Indiana Voter Registration Project, located at 2425 North Meridian Street, Suite A, in downtown Indianapolis. The search warrant was served mid-morning of Tuesday, October 4th. The affidavit and search warrant are sealed for a period of 30 days from the time the warrant was granted, which was October 3, 2016.

An investigation of this nature is complex, time consuming and is expected to continue for several more weeks or months.

Important points related to this ongoing investigation include:

In accordance with state law, all voter registration applications received by Indiana voter registration offices are processed according to established policies
A representative sample of voter registration applications received by county voter registration offices suspected of being fraudulent have been COPIED and provided to state police detectives. In all cases the ORIGINAL applications are maintained by the appropriate voter registration office
The expanded number of counties involved leads investigators to believe the total of potentially fraudulent records may be in the hundreds, thus creating a potential to disenfranchise many voters
The possible fraudulent or false information is a combination of made up names and made up addresses, real names with made up or incorrect addresses and false dates of births with real names as well as combinations of all these examples.
Victims of the activities by some agents of the Indiana Voter Registration Project may not discover they have been disenfranchised from voting until they go to vote and realize their voting information has been altered. Such action may result in the citizen having to cast a provisional ballot.

There are simple steps people can take now, before the election, to protect their right to vote by ensuring they are properly registered. Visit this site and follow the directions to confirm you are properly registered: https://indianavoters.in.gov
If after checking this source, a citizen discovers inaccurate information that indicates they could be a victim, they should contact their local voter registration office and the 24 hour Indiana State Police Voter Registration Application Fraud tip line of 888-603-3147.

The investigation continues and no further information is available at this time.

 

JUDGES AND POLITICS by JIM REDWINE

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Gavel Gamut

By Jim Redwine

(Week 10 October 2016)

JUDGES AND POLITICS

In 2000 the Florida Supreme Court gave the presidency to Democrat Al Gore. Five judges on the U.S. Supreme Court reversed the Florida court and gave the presidency to Republican George W. Bush.

Bush won by two electoral votes. Gore barely won the popular vote. Three of the justices of the U.S. Supreme Court who dissented, John Stevens, David Souter and Ruth Bader Ginsburg, wrote:

“Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.”

Judges may make mistakes. Judges may be ignorant or lazy or may have any number of faults. The one characteristic judges must not have is a public perception of prejudice for or against persons or beliefs.

The only thing judges must bring to their role in our government is the ability to engender public confidence in the integrity of their decisions. We may, and I often do, disagree with judicial decisions (by other judges of course). However, if we have confidence the judges acted impartially, we can accept even bad rulings and move on.

That is why Canon 4 of the Code of Judicial Conduct which all judges should follow requires:

“A Judge or candidate for Judicial Office Shall not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary.”

The Code also prohibits a judge from publicly, e.g. in a newspaper column, endorsing or opposing a candidate for public office.

These ethical proscriptions come to mind as I am currently engaged in helping to teach an internet course to judges for the National Judicial College. Judges from several states are participating as students or faculty. As with much of the judicial education in which I have been involved, in this course there is a great deal of side banter about many topics. In this current presidential campaign cycle politics is unavoidable. But unlike non-judicial conversations where my friends and family do not hesitate to state that one candidate is less than desired while the other must be elected, with judges I am reminded of the attitude Rome’s friend, Mercutio had.

You may recall that in William Shakespeare’s play Romeo and Juliet the two families, Romeo’s Montagues and Juliet’s Capulets, were constantly feuding. In Act III, scene 1 Mercutio is stabbed by Juliet’s relative, Tybalt. As Mercutio lies dying he curses both sides by calling for, “A plague on both of your houses”. That pretty well sums up the ethical positions of my judicial colleagues.

Air Quality Forecasts For Evansville And Vanderburgh County

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Saturday
October 8
Sunday
October 9
Monday
October 10
Tuesday
October 11
Wednesday
October 12
Fine Particulate
(0-23 CST avg)
Air Quality Index
good good moderate moderate moderate
Ozone
Air Quality Index
NA* NA* NA* NA* NA*
Ozone
(peak 8-hr avg)
(expected)
NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

CITY COUNCIL COMMITTEE MEETING SCHEDULE October 10,2016

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CITY COUNCIL COMMITTEE MEETING SCHEDULE

Watch live and archived meetings at www.evansville.in/accessevc October 10, 2016

FINANCE COMMITTEE::

Ordinance F-2016-27 October 10, 2016 5:00 p.m.

Russ Lloyd

Ordinance F-2016-28 October 10, 2016 5:00 p.m.

Russ Lloyd

Ordinance F-2016-26 AMENDED October 10, 2016
5:00 p.m.

Russ Lloyd

Ordinance G-2016-26 October 10, 2016 5:00 p.m.

Russ Lloyd

A.S.D. COMMITTEE:

Ordinance G-2016-28 October 10, 2016 5:15 p.m.

Ron London

FINANCE COMMITTEE:

Ordinance G-2016-27 October 10, 2016 5:20 p.m.

Marco DeLucio

Resolution C-2016-28 October 10, 2016 5:25 p.m.

Joshua Claybourn

CHAIRMAN DAN MCGINN

Appropriating Monies for the Purpose of Defraying the Expenditures of Departments of the City Government for the Fiscal Year Beginning January 1, 2017

Appropriating Monies for the Purpose of Defraying the Expenditures of Evansville-Vanderburgh Levee Authority District for the Fiscal Year Beginning January 1, 2017

Fixing the Salaries of Elected Officials for the City of Evansville, Indiana for the Year 2017

Fixing the Salaries of Every Appointive Officer, Employee, Deputy, Assistant, Departmental and Institutional Head of the City of Evansville and the Evansville-Vanderburgh County Levee Authority for the Year 2017 and Establishing Salary Administration Procedures
CHAIRMAN DAN ADAMS
Amending Title 18 of the Evansville Municipal Code (Zoning)

CHAIRMAN DAN McGINN

Repealing Chapter 2.140 of the Evansville Municipal Code (Hospital Authority)

Resolution on Ordinance Modifying the Property Tax Relief Rate and the Expenditure Rate in Vanderburgh County

October 24, 2016

FINANCE COMMITTEE:

Re: Date: Time: Notify:

Ordinance F-2016-30 October 24, 2016 5:15 p.m.

Russ Lloyd, Jr.

CHAIRMAN DAN McGINN

Authorizing Transfers of Appropriations, Additional Appropriations and Repeal and Re-appropriation of Fund for Various City Funds

CITY COUNCIL COMMITTEE MEETING SCHEDULE

Watch live and archived meetings at www.evansville.in/accessevc October 24, 2016

FINANCE COMMITTEE:

Ordinance F-2016-31 October 24, 2016 5:20 p.m.

Marco DeLucio

Ordinance F-2016-32 October 24, 2016 5:25 p.m.

Marco DeLucio

CHAIRMAN DAN McGINN

Amend the Sewer Rates and Charges for the City of Evansville, Indiana

Authorizing the Issuance of Sewage Works Revenue Bonds of the City of Evansville, Indiana and the Issuance of Notes in Anticipation of the Issuance of Bonds

VANDERBURGH COUNTY FELONY CHARGES

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Below are the felony cases filed by the Vanderburgh County Prosecutor’s Office on Wednesday.

Peter Dean Helfrich Domestic battery resulting in serious bodily injury, Level 5 felony

Possession of a controlled substance, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Steven Dwayne Durham Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike, Class A misdemeanor

Possession of paraphernalia, Class A misdemeanor

Gerard Elliott Matts Burglary, Level 5 felony

Resisting law enforcement, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Possession of a controlled substance, Class A misdemeanor

Kendra Kaye Scott Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Scott Anthony Berry Carrying a handgun without a license, Level 5 felony

Possession of marijuana, Class A misdemeanor

Kevin Marshall Rutter Possession of methamphetamine, Level 6 felony

Unlawful possession of a syringe, Level 6 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Possession of a synthetic drug or synthetic drug look-alike substance, Class A misdemeanor

Possession of paraphernalia, Class C misdemeanor

Tiffany Beth Couch Dealing in a narcotic drug, Level 2 felony

Dealing in a look-alike substance, Level 5 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Thomas Michael Kirsch Jr. Possession of methamphetamine, Level 4 felony

Unlawful possession of a syringe, Level 6 felony

Driving while suspended, Class A misdemeanor

Herman Lee Couch Jr. Dealing in a narcotic drug, Level 2 felony

Dealing in a look-alike substance, Level 5 felony

Maintaining a common nuisance – controlled substances, Level 6 felony

Unlawful possession of a firearm by a domestic batterer, Class A misdemeanor

Tommy Ray Anderson Operating a vehicle with an ACE of .15 or more, Level 6 felony 

Danielle Michelle Camden Unlawful possession or use of a Legend Drug, Level 6 felony

Possession of a controlled substance, Class A misdemeanor

Possession of marijuana, Class B misdemeanor

Possession of paraphernalia, Class C misdemeanor

Law Enforcement Explorer Post Open House

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The Vanderburgh County Sheriff’s Office will host a Law Enforcement Explorer open house and Recruitment Night on Wednesday, October 12th, 2016 at 6 p.m. The event will take place at the Southern Indiana Career and Technical Center located at 1901 Lynch Road. The program is open to young men and women ages 16-20 as well as their families.

Law Enforcement Exploring provides educational training programs for young adults on the purposes, mission and objectives of law enforcement. The program provides career orientation experiences, leadership opportunities and community service activities.

Sheriff Dave Wedding explained, “Law Enforcement Exploring is a great way for students to develop leadership skills and improve self-confidence.” Sheriff Wedding added, “Through fun and exciting ‘hands-on’ career related activities and community service opportunities, students will gain valuable experience that will help prepare them for a career in law enforcement.”

The primary goals of the program are to help young adults choose a career path within law enforcement and to challenge them to become responsible citizens within their communities. During the open house, potential post members will have the opportunity to observe just a sample of what they will see and experience throughout their experience with the law enforcement explorer post program. They will also have an opportunity to meet and speak with current Explorers.

The Vanderburgh County Sheriff’s Office Explorer Post 82 is open to young men and women ages 16 through 20 years old that are enrolled in High School or College with an interest in learning more about careers in the field of law enforcement. Explorer Post 82 is entering its fifth year in Vanderburgh County. Last year, over 20 youth from local high schools and universities participated in the Explorer Post. During the year, Explorers participated in classroom and hands-on-training with full time law enforcement and emergency services personnel. Training included: first aid, handcuffing and arrest techniques, firearms, emergency vehicle operations, criminal investigations, and community emergency response.

Along with the class room and hands on training, Explorers interacted with children at the Vanderburgh County Sheriff’s Office Tent at the Vanderburgh County 4H Fair, the West Side Nut Club Fall Festival, and staffing positions during Field Sobriety Check Points. Explorers have also participated in several “Ride-A-Long” opportunities.

Agencies from federal, state and local levels coordinate the Law Enforcement Exploring programs throughout the United States. The majority of the community programs are managed by local police departments, including sheriffs, chiefs of police and state police.

Nationally, over 33,000 explorers participate in Law Enforcement Exploring. The program highlights include: the National Law Enforcement Exploring Leadership Academies, motor patrol ride-alongs, career achievement awards, National Law Enforcement Exploring Conferences and scholarship opportunities.

Law Enforcement Career Exploring posts typically meet on a monthly basis during the school year. Most programs parallel the high school calendar and begin in the fall. There are a number of programs that start at other times during the year to meet the needs of the host organization and participants. Programs are flexible enough to fit in with other activities.

For more information contact Deputy Erik Nilssen at (812) 421-6201 or email him atenilssen@vanderburghsheriff.com. You may also follow the Vanderburgh County Sheriff’s Office Law Enforcement Explorer Post on Twitter @LEPost82 or on face book at VCSO Explorer Post 82. For more information on Explorer Posts visit www.learningforlife.org/exploring.

7th Circuit Rejects Former Bloomington Employee’s Request To Defer Restitution

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Olivia Covington for www.theindianalawyer.com

The 7th Circuit Court of Appeals has rejected a former Bloomington city employee’s argument that his restitution debt should be deferred to his release from prison because he is limited to paying only 10 percent of his income toward that debt each month.

Former Bloomington city project manager Justin Wykoff pleaded guilty in 2015 to wire fraud charges related to his solicitation of bribes and kickbacks while in office. U.S. District Judge Tanya Walton Pratt sentenced Wykoff in June 2015 to 55 months in prison, $446,335 in restitution to be paid to the city of Bloomington and a $1,100 assessment.

The payments were ordered to begin immediately, but Pratt also attached a special instruction requiring that “any unpaid restitution balance during the term of supervision shall be paid at a rate not less than 10 percent of the defendant’s gross monthly income.”

Soon after the entry of judgment, the government applied for a writ of garnishment, which Pratt issued to the Indiana pension system because it had an account in Wykoff’s name that was worth $47,937. Wykoff opposed the writ, arguing that he had already been forced to forfeit two of his homes and that the government had seized money from his prison accounts.

Although the money taken from his prison accounts was not enough to cover his ordered restitution, Wykoff argued that the balance should be deferred to his release because he interpreted Pratt’s special instruction to mean that his restitution payments should be limited to 10 percent of his monthly income.

But in an opinion handed down from the 7th Circuit Court of Appeals in United States of America v. Justin Wykoff, 16-1307,Thursday, Judge Richard Posner wrote that Wykoff had interpreted the instructions incorrectly and had no legal leg to stand on.

The 10 percent requirement was a minimum, not a maximum, Posner wrote. Further, Posner said the federal criminal code requires restitution to be paid back immediately unless the district court provides otherwise.

Posner pointed to the case of United States v. Sawyer, 521 F.3d 792, 795 (7th Cir. 2008), in which the appellate court found that once a person has been incarcerated, “any existing assets should be seized promptly. If the restitution debt exceeds a felon’s wealth, then the Mandatory Victim Restitution Act of 1996 … demands this wealth be handed over immediately.”

“This is an important rule – for who knows what might happen to Wykoff’s assets during his years of imprisonment,” Posner wrote. “He or members of his family or, for that matter, the Indiana state pension fund might decide that there are better things to do with those not inconsiderable assets than give them to Bloomington.”

Watch For Deer On Indiana’s Roadways Tips For Avoiding Deer-Vehicle Crashes

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The Indiana Department of Transportation, the Indiana State Police and the Indiana Department of Natural Resources remind drivers to stay alert as deer become more active in fall months on Indiana’s roadways.

Nearly 50 percent of all vehicle crashes involving deer occur between October and December.  Deer are generally more active during mating season in late October into early November. And with many farmers harvesting crops, deer could be on the move at any time, encountering roads more frequently and increasing the potential for collisions.

Across the state in 2015, there were more than 15,000 deer-related collisions, including vehicles crashing attempting to avoid striking a deer.

With the increased number of deer heading toward the roadways, deer-vehicle crashes will happen, but drivers can take measures to keep collisions to a minimum. Knowing when deer are most active and practicing defensive driving will help reduce your chances of becoming a statistic:

  • Deer are most active between sunset and sunrise, especially in rural areas.
  • Deer often travel in groups. If you see one, others are likely nearby. Stay alert!
  • Pay special attention in areas where you have seen deer before and in areas near “Deer Crossing” warning signs.
  • Exercise caution along woodlot edges, at hills and blind turns.
  • Use high-beam headlights at night when there is no opposing traffic.
  • Scan for illuminated eyes and dark silhouettes near the side of or on the roadway.
  • If you see a deer, slow your speed drastically, even if the deer is far away.
  • NEVER swerve to avoid hitting a deer. More serious crashes occur when drivers try to miss a deer but hit something else.
  • Buckle up!

Studies have shown that novelties like deer whistles are ineffective in deterring deer. The best way to avoid an accident is to be alert.

Even when practicing safe driving, sometimes hitting a deer is inevitable. If a driver hits a deer, it is important to remain calm and do not touch the deer or approach it. Wounded deer are unpredictable and can be dangerous.  Drivers should pull off the road, remain in the vehicle and make sure everyone is safe.  Motorists involved in a collision are required to call the police and report a crash with at least $1,000 in property damage or if someone is injured.

To report a deer carcass on an interstate, U.S. highway or state road, contact one of INDOT’s six districts to report it. Find INDOT district contact information at http://indot.in.gov.