IS IT TRUE when a business are having major budget shortfalls they make serious budget cuts?  …our City Council are experiencing major budget shortfalls challenges so they just give themselves a raise?

IS IT TRUE that 3rd Ward City Councilwoman Anna Hargis CPA recently contacted former City Councilman John Friend CPA to ask him to explain to her about a few item concerning the proposed 2017 budget?  …they talked about 30 minutes?  …we wonder why Ms. Hargis hasn’t contacted Mr. Friend since then?

IS IT TRUE at last nights City Council meeting we thought we heard Finance Chairman Dan McGinn  state that the budget problems were caused by the spending practices over the last 12 years?  …we wonder what former Mayor Winezapfel thinks about Mr. McGinn’s alleged remarks?

IS IT TRUE people are telling us every time Governor Pence goes out of State the Holcomb and Crouch ticket takes a 1 to 2 point lead?  …we hear that political insiders are hoping that during the next 50 plus days the Trump campaign will require Pence to campaign in other States?

IS IT TRUE we are hearing that the voters want to hear what Holcomb -Crouch political platform is all about?  …we already know what Governor Pence is all about?  …it’s time for Holcomb and Crouch take control of their campaign for the next 50 plus day if they expected to be elected?

IS IT TRUE we are hearing that the political message of U S Senatorial candidate Todd Young is getting the attention of the independents thinking voters?  …Representative Young political ads make reference to his military background and his opponent being a well paid lobbyist for the last several years are really getting the attention of the independent thinking voters?  …we predict that Mr.Young campaign has all the markings of a major political upset?

IS IT TRUE one of  last week our non-scientific but trendy “READERS POLL” question was “Who would you vote for If the election was held today for District 77 State Representative seat?” …197 CCO readers voted in  this  poll? …the results were:  Johnny Kincaid -98, Ryan Hatfield-80 and Don’t Know was 19?   …it looks like Ryan Hatfield, Candidate for State Representative District 77 endorsements from the Indiana State Teachers Association, Indiana Fraternal Order of Police, and the Indiana AFL-CIO meant very little to the CCO readers?

IS IT TRUE the results of another non-scientific but trendy “Readers Poll” concerning District 1 County Commissioner race are as follows: Sean Selby (R)-139,  Ben Shoulders (D)-121 and 45 Don’t Know At This Time….it looks like we have a political barn burner in the making?

IS IT TRUE we hear that the last two (2) Vanderburgh County Republican party Saturday breakfasts meetings  have been cancelled because of lack of interest?  … were told by a couple of political workers for candidates for Vanderburgh County offices that they boycotted these events because of the way the Mayor and his party Chairman are quietly supporting their Democratic opponents?

IS IT TRUE that last week CCO poster Joe Wallace said:  “I even have no problem with Hillary having the nuclear codes. She would forget them in a week and eliminate the threat of nuclear war.”?  …this was one funny post?

IS IT TRUE since Mark Owen give up the reins of being party Chairman of the Vanderburgh County Democratic party has only won a very few County elections?  …like Mr Owen or not we think history has proven that he has done one heck of a job as a Chairman of the Democratic party because during his tenure he only lost very few elections and always kept a good sum of money in the political party war chest?

IS IT TRUE that the current Democratic party Chairman Rob Faulkner has a reputation of doing very little to help his party candidates? …if you don’t believe this statement please ask former Mayoral candidate Gail Riecken?

EDITOR FOOTNOTE:  

The next “IS IT TRUE” will be posted on this coming Friday.

Todays READERS POLL question is:  WHO WOULD YOU VOTE FOR IF THE ELECTION WAS HELD TODAY FOR DISTRICT #3 VANDERBURGH COUNTY COMMISSIONER?

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.

The Indiana Bureau of Motor Vehicles is criticizing an Indiana law firm

Olivia Covington for www.theindianalawyer.com

The Indiana Bureau of Motor Vehicles is criticizing an Indiana law firm for a court order the BMV says will “take money out of Hoosiers’ pockets,” but the attorney who filed the order said the request is meant to protect Hoosiers who are suing the BMV.

The BMV announced Friday that an additional $28.75 million in overcharge refunds had been credited to roughly 5 million customers across Indiana. The announcement came after a class-action lawsuit, Tammy Raab v. Kent W. Abernathy and the Indiana Bureau of Motor Vehicles, was filed against the bureau after it was discovered that it had been overcharging millions of customers for several years.

Although former BMV commissioner Donald Snemis said in 2014 that all previous overcharges had been refunded, the proceedings in the lawsuit later revealed that there were hundreds of other overcharges that had not been refunded. Because of the efforts of the plaintiffs in the lawsuit and their legal counsel, a common fund of roughly $30 million was created to credit the refunds to BMV customers, said Irwin Levin, a managing partner at Cohen & Malad LLP Indianapolis and lead counsel in the suit against the BMV.

The BMV said Friday that the refunds were credited to customers’ accounts over the last few months and that the credits could either be put toward a BMV transaction or sent to customers as a check.

However, in a court order filed by Levin in Marion Superior Court Friday morning, counsel for the plaintiffs wrote that the BMV was administering refunds through the common fund without notice or approval from the court. Further, the counsel wrote that because their efforts had led to the creation of the common fund, the BMV is required to set aside part of those funds to reimburse the members of the class-action suit and pay for the fees incurred during the litigation process — an amount that is already exceeding $1 million, Levin said.

If the BMV continues to distribute the refunds without accounting for the attorney fees, then Levin said the plaintiffs in the suit will be forced to bear a disproportionate amount of those fees. Thus, Levin and his firm are seeking a preliminary injunction to require the BMV to set aside a portion of the common fund for attorney fees. The plaintiffs have not determined the exact amount of fees it will request to be reimbursed for, but the order Levin filed on Friday said it will not exceed one-third of the fund.

“By cashing in credits without setting aside any amount for fees and costs of the litigation that resulted in the creation of the common fund, defendants are creating irreparable harm to the members of the Class who do not have their credits cashed in before the judgment in this case, because those Class members will be left to shoulder a disproportionate share of the expenses incurred in the litigation that resulted in the common fund,” the court filing said.

Adam Krupp, chief legal counsel for the BMV, took aim at the court order and at Levin, in particular, on Friday, saying in a statement through the BMV that the actions Levin requested through the preliminary injunction would essentially be the same as taking money away from Hoosier taxpayers.

“BMV has been issuing refunds since before the current lawsuit, which Mr. Levin claimed was filed to benefit BMV’s customers. Mr. Levin also claimed to be representing the best interests of Hoosier taxpayers,” Krupp said. “It is stunning and inappropriate for Mr. Levin, or any lawyer, while claiming to represent Hoosiers’ best interests, to directly seek to take money out of Hoosiers’ pockets.”

But Levin dismissed Krupp’s accusations, saying that he is not trying to take money out of taxpayers’ pockets or stop them from receiving their refunds. He also said he was not taking the attacks personally, but instead said Krupp’s words come from a place of being caught red-handed.

“The BMV was caught with its pants down,” Levin said. “You would hope that they would say, ‘Wow, we made a mistake,’ but they didn’t.”

Levin also said he thinks the timing of the refunds raises a red flag – the refunds were announced on Sept. 9, less than three weeks before the start of the trial on Sept. 28.

“The BMV has been at war with its customers since 2013, and they now know that the trial is only weeks away,” he said. “This is an example of government at its worst.”