GREGG/HALE PROPOSE $3.2 BILLION INFRASTRUCTURE PLAN
Trial Court Properly Reinstated Demoted Police Officer’s Rank
IL for www.theindianalawyer.com
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
Bradford Bentley, an Indianapolis Metropolitan Police sergeant, was demoted to patrol officer two years ago and filed a petition for judicial review after the IMPD Civilian Police Merit Board upheld the demotion. He filed his petition on Sept. 10, 2014. The city of Indianapolis as defendant, did not file the transcript from the merit board hearing within 30 days of receiving the sergeant’s summons, as required by Indianapolis Code Section 279-237(o).
A special judge was appointed because Bentley’s wife worked for the Marion Superior Court, and it wasn’t until April 27, 2015, that the city filed the transcript. The trial court struck it from the record as untimely, and also struck the city’s response to Bentley’s motion for summary judgment as untimely. This left just Bentley’s designated evidence, so the trial court ruled in his favor. It ordered the merit board to restore his rank of sergeant with retroactive back pay.
The COA noted how unusual it is for the respondent, rather than the petitioner, to bear the cost and responsibility of preparation and filing of the transcript of the administrative proceeding, but that is how the city of Indianapolis chose to pass the ordinance.
“Having decided to structure its procedure in this fashion, the City is bound to comply with it. The plain language of the Ordinance requires that the City file the transcript of the Merit Board hearing within thirty days of receipt of the summons. In this case, the thirty-day deadline passed on October 16, 2014. The City did not file the transcript until April 27, 2015 — 193 days late,†Judge James Baker wrote for the majority in City of Indianapolis v. Bradford Bentley, 49A05-1510-MI-1765. “And never once, during the course of those six months, did the City request an extension of time or in any way indicate that it was experiencing difficulty with preparation of the transcript. This tardiness was not de minimis; it was extreme. And filing a required document over six months late is not substantial compliance, as the City argues.â€
The city then argued that the remedy was improper and that the trial court was only permitted to remand the case for a new hearing. But under the circumstances of this case, the judges disagreed.
“When an agency errs in its analysis, it makes sense to provide an opportunity for the agency to reconsider its decision by applying the correct analysis. Here, however, the trial court did not find that the Merit Board erred in its analysis. Instead, it found that there was no evidence supporting the Merit Board’s decision. To remand to the Merit Board under these circumstances would, in essence, offer the City a chance of a second bite of the apple.â€
Judge Melissa May concurred with separate opinion, writing that she believes the reasoning from James v. Harvey, 246 Neb. 329, 518 N.W.2d 150 (1994), from the Nebraska Supreme Court, supports the Indiana court’s departure from the general rule that the trial court is required to remand a matter to the administrative agency of finding that the agency’s decision wasn’t supported by sufficient evidence or was contrary to law.
“Instead, when the governmental agency acting as the defendant does not do what it is required by law to do when an individual appeals an administrative board decision, the trial court should have authority to levy appropriate sanctions, including ordering entry of a result opposite that reached by the administrative board,†she wrote.
Power of Attorney May Trump Guardianship Order
Power Of Attorney May Trump Guardianship Order
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
The adult children of Helen Kinney Morris, 89, divided into factions over disagreements about her need for care. Two of the children contended that despite having dementia, Morris was not incapacitated while the other four asserted her memory problems were getting worse and putting her in danger.
In 2015, the Howard Superior Court found Morris was incapacitated because she could not take care of herself or her property without assistance. Putting the woman’s best interests and welfare at the front as well as attempting to repair the family dynamic, the court appointed all the children as guardians but gave each specific duties.
Two of the children, Mary “Molly†M. Kinney and Patrick Kinney, declined to be appointed and later appealed the ruling on the grounds that the guardians are unnecessary because there is a valid power of attorney.
The Indiana Court of Appeals reversed and remanded in In re the Guardianship of Hellen Kinney Morris: Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney, 34A02-1510-GU-1809.
Under Indiana Code 29-3-5, the court has the ability to appoint guardians. However, I.C. 30-5-3-4 limits a guardian’s power. The Court of Appeals found a durable power of attorney that Morris executed in 2004, which gave Mary Kinney and Paul Kevin Kinney broad powers, was still valid.
“… it does not appear that the trial court considered the effect of the power of attorney when it determined that guardians were necessary,†Chief Judge Nancy Vaidik wrote. “Accordingly, we reverse and remand this case for the trial court to determine whether any guardians are necessary in light of the 2004 power of attorney and, if so, to give due consideration to the matters listed in Section 29-3-5-5, including (Morris’s) wishes and her existing attorneys in fact (Molly and Kevin).â€
MEDICARE SEMINAR SET FOR WEDNESDAY, JULY 27th  Â
Senior Connection will hold a Medicare Prescription Drug Plan and medical billing seminar Wednesday, July 27th, at 9:00 a.m. at 951 S. Hebron Ave., Suite C (between Bellemeade and Washington Ave.) adjacent to the Senior Connection Office.
Drug plans, deductibles, donut holes…do you have questions or are you confused about your prescription drug plan? Are you tearing your hair out trying to make sense of the last medical bill you received? We can help! Plan on attending our new seminar, which focuses on understanding your drug plan and medical billing questions.
This is an informational program only. No specific plans or companies will be discussed. The seminar will be presented by Jennifer Cross, Part D Sales of Senior Connection. It is free but registration is required. Call Senior Connection at 812-473-7271 or toll free at 800-258-7610 for reservations and directions.
Make A Difference For Seniors Right Here In Evansville Indiana
SWIRCA & More is excited to be launching a fundraiser on GIVE65.org! GIVE65, a program of Home Instead Senior Care Foundation, allows nonprofit organizations like ours to raise funds online to help seniors in our local community. We are featuring a GIVE65 Project at GIVE65.orgto help our friends and neighbors age 65 and better right here in Vanderburgh County.
Our online fundraising project will be accepting donations between July 1, 2016-July 14,2016!
Donations will be accepted on our project page at the GIVE65 site:
Even a $10 donation makes a difference!
We need your help to meet (and, hopefully exceed!) our goal of $10,000. The funds we raise on GIVE65 will go towards our program, SWIRCA Wellness Center, to make necessary updates to the room and purchase new age-appropriate exercise equipment. The need for older adults to maintain their physical health is a concern SWIRCA intends to address by updating out Wellness Center. We need your help a provide a Wellness Center specifically geared toward individuals 50+.
Sincerely,
SWIRCA & More
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Help us reach our goal of $10,000. Donate by clicking the link below.
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Hot Jobs in Evansville
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Adopt A Pet
 Noel is a 2-year-old female Chihuahua! She has lived with other dogs in the past and done very well, and she makes circles when it’s time to go potty. She’d be happiest in a home without very young rambunctious kids, but may do fine with older ones! Her $120 adoption fee includes her spay, vaccines, microchip, and more! Call (812) 426-2563, visit www.vhslifesaver.org, or stop by Tuesday-Saturday 12-6 for adoption information!
Family-Owned Consulting and Analytics Company Adding High-Wage Jobs in Indianapolis
Indianapolis – Walker Information, a business-to-business customer experience consulting firm, announced plans today to expand its operations here, constructing a new headquarters facility and creating up to 30 new high-wage jobs by 2020.
“Here in Indiana, we have made it a top-priority to build a pro-growth business environment that offers low costs, declining taxes, reduced regulations and a skilled workforce,†said Governor Mike Pence. “With a growing number of tech companies choosing to call Indiana home, this industry continues to create quality, good-paying Hoosier jobs. As we head into Indiana’s third century, I am proud to see Indiana’s tech community thriving and witness yet another firm like Walker benefit from doing business in a state that works.â€
The family-owned company, in partnership with real estate developer PK Partners, will invest $11 million to build a new 54,000-square-foot headquarters facility at 8940 River Crossing Blvd. on Indianapolis’ north side. Walker expects to complete the move by the end of 2017, relocating from its current facility at 301 Pennsylvania Parkway. The company, which uses predictive analytics and innovative solutions to help its customers grow, serves more than 100 businesses around the world, including many Fortune 1000 firms, such as EMC, Sysco, Pepsi and Avaya. Fueled by the evolving needs of its customers, Walker plans to expand its services and increase its consulting operations to better position its clients for continued growth.
Walker currently employs 127 Hoosiers at its headquarters and plans to continue hiring for consulting, analytic, information technology and project management positions. New positions are expected to offer average wages nearly 50 percent higher than the state average wage. Interested applicants may apply online at walkerinfo.hirecentric.com/jobs/.
“Indiana is the ideal place for Walker,†said Steven F. Walker, chairman and chief executive officer of Walker Information. “The business environment, the caliber of our workforce and the quality of life for our people are just a few of the reasons we choose to do business from our headquarters in Indianapolis. In addition, Indianapolis has become an important center for the emerging measured marketing industry and Walker has been an important contributor to this effort since our humble beginnings in 1939.â€
Founded in Broad Ripple in 1939, Walker specializes in customer retention and growth strategies by using predictive analytics, cutting-edge technology and consulting services to help companies achieve their business objectives and grow shareholder value. In 2014, the company celebrated its 75th anniversary by collaborating with Leadership Indianapolis on a community-wide assessment of local leadership. For the fourth year in a row, the third-generation family business received the Temkin Group’s Customer Experience Vendor Excellence Award, an industry recognized award for innovation and impact.
The Indiana Economic Development Corporation (IEDC) offered Walker Information Inc. up to $455,000 in tax credits based on the company’s job creation plans. These incentives are performance based, meaning until Hoosiers are hired, the company is not eligible to claim incentives. The city of Indianapolis will consider a property tax abatement at the request of Develop Indy, a business unit of the Indy Chamber.
“It’s exciting to see Walker Information continue to grow in Indianapolis,†said Indianapolis Mayor Joe Hogsett. “While we celebrate anytime a business chooses to expand and invest in our community, it’s particularly gratifying to have a family-owned, decades-old institution like Walker Information find success here. Through continued innovation and adaptive strategies, I have no doubt that Walker Information will remain a stalwart presence in Indianapolis for years to come.â€
Indiana’s technology sector added jobs at a rate of 18 percent from 2012 to 2014, which is three times faster than the national average. Walker’s growth follows announcements within the last year from technology companies including Salesforce, Determine, Emarsys, Blue Horseshoe Solutions, Lumavate, PolicyStat, iLAB, Appirio, Rook Security and Eleven Fifty Consulting, which together are committing to create more than a thousand tech jobs in Central Indiana.
“Walker’s headquarters expansion project, along with recent announcements like Saleforce’s new regional headquarters, are proof that Indianapolis is fast becoming a “World Class†Tech City in the Silicon Prairie,” said Sam Smith, chairman of RESOURCE Commercial Real Estate, who represented Walker in this headquarters build-to-suit transaction.
Ivy Tech to Host Express Enrollment Day
An Express Enrollment event is planned at Ivy Tech Community College for individuals interested in enrolling in classes for Fall 2016. The free event is planned for Thursday, July 14, from 9 a.m.-5 p.m., at Ivy Tech Community College, 3501 North First Avenue. This event is designed to assist interested individuals in completing the enrollment process, potentially, all in one day!
At the event students will have the opportunity to:
- Complete the FAFSA or get their financial aid questions answered. Ivy Tech school code is 009917. Also, students can learn more about aid such as grants, scholarships and loans.
- Create their Campus Connect account and complete the New Student Orientation online.
- Determine what assessments may be needed to enroll.
- Meet with an Academic Advisor. (First, students will need to complete orientation and assessment steps).
- Register for classes.
For more information visit ivytech.edu/enrollmentday.
Fraudsters Pose As IT Staff To Lure Employees Into Phishing ScamsÂ
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