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Judge Rejects State’s Appeal Bid In Deaf Litigant Case

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Dave Stafford for www.theindianalawyer.com

A federal judge Friday rejected the state’s effort to appeal a ruling that a court discriminated against a deaf litigant, writing the bid was “a classic example of when an immediate appeal is not warranted.”

Judge Jane Magnus-Stinson denied an interlocutory appeal sought by the state, which represents defendant Marion Circuit Court. The state asked Magnus-Stinson to certify an appeal of her summary judgment motion in favor of Dustin King, who was denied an American Sign Language interpreter in court-ordered mediation program in his child-custody case.

Magnus-Stinson ruled in May that the denial of an interpreter for King was a violation of Title II of the Americans with Disabilities Act and that the court failed to make a reasonable accommodation.

The state also asked the judge to stay the proceedings pending appeal of the judgment that found the courts in violation of the ADA. It argued in part that an appeal at this point would expedite the litigation. Magnus-Stinson disagreed.

“To resolve the remaining issue of damages, the parties have a settlement conference and a one-day bench trial. After that, Marion Circuit Court could appeal all the issues at the same time. Moreover, as
Mr. King asserts, the parties’ briefing schedule for an appeal would extend beyond the scheduled date of the bench trial, thus, prolonging the litigation. Accordingly, the Court rejects Marion Circuit Court’s argument that an immediate appeal would speed up the litigation,” Magnus-Stinson wrote.

The judge also disagreed with the state’s argument that the issues it sought to appeal were questions of law. The case is Dustin King v. Marion Circuit Court, 1:14-cv-1092.

Board of School Trustees of the Evansville Vanderburgh School Corporation Meeting

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The Board of School Trustees of the Evansville Vanderburgh School Corporation will meet in executive session at 3:30 p.m. on Monday, June 20, 2016, in the John H. Schroeder Conference Centre at the EVSC Administration Building, 951 Walnut, IN 47713, Evansville, IN.

The session will be conducted according to Senate Enrolled Act 313, Section 1, I.C. 5-14-1.5-6.1, as amended. The purpose of the meeting is for discussion of collective bargaining, (2)(A); initiation of litigation or litigation that is either pending or has been threatened specifically in writing, (2)(B); purchase or lease of property, (2)(D); and job performance evaluation of individual employees, (9).

The regular meeting of the School Board will follow at 5:30 p.m. in the EVSC Board Room, same address.

The Governor’s Week in Photos – Hoosier Agriculture Edition 

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1) Governor Pence Attends Grand Opening of WinField Crop Adventure at Fair Oaks Farms // June 15, 2016. Governor Mike Pence joins United States Secretary of Agriculture Tom Vilsack, President and CEO of Land O’Lakes, Inc. Chris Policinski, co-founder of Fair Oaks Farms Mike McCloskey, Indiana’s Lieutenant Governor Eric Holcomb, and Director of the Indiana State Department of Agriculture Ted McKinney for the grand opening of Land O’Lakes’ new WinField Crop Adventure at Fair Oaks Farms. The WinField Crop Adventure offers an interactive exhibit for students and families to learn about modern agriculture and the impact of farming in everyday life.

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2) Governor Pence Praises Indiana’s Agriculture Roots at FFA Convention // June 16, 2016. Governor Mike Pence emphasizes the important role agriculture plays in Indiana before a crowd of 3,000 at the closing session of the 87th Indiana FFA State Convention at Purdue University on Thursday.

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Governor Pence Heralds Continued Strong Indiana Employment Rate

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Nearly 8,000 Hoosiers enter labor force in May; 5,000 fewer unemployed than in April; unemployment drops from 5.2 percent in April to 5.0 percent in May 

Indianapolis – Governor Mike Pence today heralded news that Indiana’s unemployment rate dropped 0.2 percent in May, from 5.2 percent to 5.0 percent. The report, issued by the Indiana Department of Workforce Development, shows that Indiana’s economy made strong gains in Trade, Transportation and Utilities. Since January 2013, Indiana’s labor force has increased by more than 186,000 and private sector job growth is up by more than 147,000. This is the eleventh month Indiana has surpassed its prior mark of peak employment. Additionally, the state’s labor force participation rate increased 0.1 percent in May while the nation’s rate decreased 0.2 percent for the second consecutive month. Indiana’s participation rate now stands at nearly three percent above the national average (65.4 percent vs. 62.6 percent).

“With record investment and record employment, there is no denying the momentum of our strong Hoosier economy,” said Governor Mike Pence. “In recent weeks and months, we’ve seen exciting new announcements for investment and growth while Hoosiers continue to join the labor force in droves. Indiana is home to the largest share of advanced manufacturing jobs in the country, and we’ve seen tech companies like Salesforce commit to expanding its regional headquarters here in Indiana, investing more than $40 million into our economy and creating 800 new high-wage jobs. As we continue to invest in infrastructure, workforce and education, Indiana has been named as one of the best places in America to do business. That is a credit to hardworking Hoosiers and the strong leadership our state has experienced over the course of the last decade.”

Background 

The Indiana Unemployment Rate stands at 5.0 percent in May 2016. Indiana’s labor force increased 7,726 over the month, with an increase in employment of 12,932.  Unemployment decreased by 5,206. Indiana total private employment grew by 38,300 over the year. Total Private Employment is at 2,640,700.

IS IT TRUE JUNE 17, 2016

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IS IT TRUE the newly elected President of IVY TECH  Dr. Sue Ellsperman visited the Southwest campus in Evansville on Thursday?  …Dr. Ellsperman understands there is a public misunderstanding about community colleges still exists, and she wants to change it? …she also needs to address the staffing, marketing, political and communications problems at Southwest campus  of IVY TECH Evansville?  …if anyone can lead IVY TECH in the right direction Dr. Sue Ellsperman is the person to do it?

IS IT TRUE  we hear that Vanderburgh County GOP  Chairmen Wayne Parke is scheduling meetings with  a few GOP precinct committeemen that supported Sean Selby for County Commissioner in the most recent political caucus?   …we hope that Mr. Parke isn’t meeting with the Sean Selby supporters in order to take them to task for supporting Mr. Selby In last month’s political caucus?  … Mr. Selby handily won the caucus vote by 60% -$40% margin?  … we are waiting to see if Mr. Parke will publicly announce that he supports Sean Selby for Vanderburgh County Commissioner in the upcoming November 8, 2016 General election?

IS IT TRUE  the proprietor of the controversial “bikini bar” proposed for 825 S. Green River Rd. withdrew his request for a zoning variance that would allow him to move forward with his plan? … that a well-organized remonstrance presented an obstacle that the owner didn’t want to take on?  …that the bar owner’s ex-wife testified that they wanted scantily-clad servers and entertainers because they would attract a “higher type” clientele than they currently have? …that the nearby residents should keep an eye open for another possible proposal for the property?

IS IT TRUE we are extremely pleased that the City of Evansville have decided to build new glass enclosed shelters at select bus stops throughout the City? …the new bus stop shelters will protect our disadvantaged citizens of our community during bad weather? …we hope that the Mayor will find  the money to continue building additional shelters because it’s a worthy public works project?

IS IT TRUE we hope that the Mayor will start ridding of the unsightly park type benches that are presently located at bus stops?  …we also feel that advertising displayed on these benches are also unattractive?

IS IT TRUE  today at 3:00 P M a Graduation Ceremony for 10 outstanding Evansville Firefighting recruits will be held?  … the graduating ceremony will be held at 29 S. Stockwell Road. American Red Cross Building” ? …we would like to congratulate graduates-Matthew Alexander,  Joshua Petrig,  Jamie Phillips,  Colton Blanchard,  Brian Dispense,  Michael Gleeman,  Ian Pate,  Erik Schlub,  Brian Richardt and Derek Rollins? . ..we would also like to give special thanks to the Evansville Fire Chief Mike Connelly for turning  the Evansville Fire department into a progressive firefighting unit?

IS IT TRUE  the annual W.C. Handy Festival is happening in Henderson this weekend?…that the festival always offers great music, fantastic food, and a good time?

IS IT TRUE  EVSC deserves kudos for its Health Sciences Institute career exploration program? …we believe all of our students could benefit from an “up close” look at a variety of occupations, from fast food to brain surgery?… a real look at a future with and without at least technical education may open a few young folks’ eyes?

IS IT TRUE last weeks concert at Old National Event Plaza starring Frankie Valli was a smash hit?  …the management team and support staff at the Old National Event Plaza do a  first class job?

Todays “READERS POLL” question is:  Do you feel that Dr. Sue Ellsperman can turn IVY TECH into a positive and progressive Institution of Higher learning?

Please take time and read our newest feature articles entitled “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.

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

Economic Week in Review: More Strong Economic News for Indiana  

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California-Based Tech Firm Relocating Headquarters from Silicon Valley to Indiana

Carmel tech company moving headquarters to Carmel

CARMEL, Ind. – Officials with a tech company based out of California’s Silicon Valley announced Monday that they will be moving their headquarters to Carmel. Determine, a global provider of cloud-based contract lifecycle management, will invest $720,191 to lease and equip a 9,000-square-foot office at 615 West Carmel Drive, which will officially become their global headquarters this June.

Tech Company Moving to ‘Silicon Prairie’

Inside Indiana Business

CARMEL - A California-based company is contributing to Indiana’s growth in the tech sector by relocating its headquarters to Carmel. Determine Inc. (Nasdaq: DTRM) has announced it will invest more than $700,000 to lease and equip a 9,000 square-foot facility and add 24 high-wage jobs by 2019. Chief Executive Officer Patrick Stakenas says he is “excited to be moving from California’s Silicon Valley to Indiana’s Silicon Prairie to make our new corporate home.”

California-based tech firm relocating headquarters from Silicon Valley to Indiana

Terre Haute Tribune Star

Indianapolis – Gov. Mike Pence and Lt. Gov. Eric Holcomb joined Carmel city officials and executives from Determine Inc. today as the company announced plans to relocate its headquarters from San Mateo, Calif., to Carmel, Indiana, advancing growth in Central Indiana’s tech community which is adding jobs three times faster than the national average.

California tech firm moving headquarters to Carmel

IndyStar

Gov. Mike Pence announced Monday that Determine Inc. will move its headquarters to Indiana to join what’s fast becoming, he said, “Silicon Prairie.”

Determine Inc. (NASDAQ: DTRM), which provides cloud-based business management tools, currently is based in the heart of California’s Silicon Valley in San Mateo.

VIDEO: ‘People’ Lured Silicon Valley HQ to Carmel

Inside Indiana Business

CARMEL - The CEO of California-based Determine Inc. (Nasdaq: DTRM) says an “exceptionally high quality” talent pool was a key factor in the decision to move the company’s headquarters from San Mateo, California to Carmel. Patrick Stakenas says the move from the Silicon Valley to the “Silicon Prairie” means the bulk of the company’s future U.S. growth will be in Indiana. “People here are excited, they’re dedicated, they want to be part of something and they don’t want to job hop,” said Stakenas, just after Monday’s announcement. “I’m from the Midwest originally and I love the attitude here… that was refreshing, based on California.”

Silicon Valley tech firm Determine Inc. to relocate headquarters to Carmel

Current in Carmel

Indiana Gov. Mike Pence and Lt. Gov. Eric Holcomb were in Carmel on Monday, June 13 to announced that a publicly-traded tech firm would be relocating its headquarters from California to Carmel.

 California-Based Tech Firm Relocating Headquarters from Silicon Valley to Indiana

Carmel tech company moving headquarters to Carmel

CARMEL, Ind. – Officials with a tech company based out of California’s Silicon Valley announced Monday that they will be moving their headquarters to Carmel. Determine, a global provider of cloud-based contract lifecycle management, will invest $720,191 to lease and equip a 9,000-square-foot office at 615 West Carmel Drive, which will officially become their global headquarters this June.

Tech Company Moving to ‘Silicon Prairie’

Inside Indiana Business

CARMEL - A California-based company is contributing to Indiana’s growth in the tech sector by relocating its headquarters to Carmel. Determine Inc. (Nasdaq: DTRM) has announced it will invest more than $700,000 to lease and equip a 9,000 square-foot facility and add 24 high-wage jobs by 2019. Chief Executive Officer Patrick Stakenas says he is “excited to be moving from California’s Silicon Valley to Indiana’s Silicon Prairie to make our new corporate home.”

California-based tech firm relocating headquarters from Silicon Valley to IndianTerre Haute Tribune Star

Indianapolis – Gov. Mike Pence and Lt. Gov. Eric Holcomb joined Carmel city officials and executives from Determine Inc. today as the company announced plans to relocate its headquarters from San Mateo, Calif., to Carmel, Indiana, advancing growth in Central Indiana’s tech community which is adding jobs three times faster than the national average.

California tech firm moving headquarters to Carmel

Gov. Mike Pence announced Monday that Determine Inc. will move its headquarters to Indiana to join what’s fast becoming, he said, “Silicon Prairie.”

Determine Inc. (NASDAQ: DTRM), which provides cloud-based business management tools, currently is based in the heart of California’s Silicon Valley in San Mateo.

VIDEO: ‘People’ Lured Silicon Valley HQ to Carmel

Inside Indiana Business

CARMEL - The CEO of California-based Determine Inc. (Nasdaq: DTRM) says an “exceptionally high quality” talent pool was a key factor in the decision to move the company’s headquarters from San Mateo, California to Carmel. Patrick Stakenas says the move from the Silicon Valley to the “Silicon Prairie” means the bulk of the company’s future U.S. growth will be in Indiana. “People here are excited, they’re dedicated, they want to be part of something and they don’t want to job hop,” said Stakenas, just after Monday’s announcement. “I’m from the Midwest originally and I love the attitude here… that was refreshing, based on California.”

Silicon Valley tech firm Determine Inc. to relocate headquarters to Carmel

Current in Carmel

Indiana Gov. Mike Pence and Lt. Gov. Eric Holcomb were in Carmel on Monday, June 13 to announced that a publicly-traded tech firm would be relocating its headquarters from California to Carmel.

 

Hot Jobs in Evansville

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U. S. District Court, Southern Indiana - Evansville, IN
*UNITED STATES DISTRICT COURT* Southern District of Indiana Evansville Division *DEPUTY IN CHARGE* Salary: CL 25/26 – $39,366-$70,453 depending on
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Indeed - Jun 15
Dream Center Evansville - Evansville, IN
This is a part-time position, requiring approximately 20-25 hours per week. Performs administrative and office support activities. Duties include fielding
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Indeed - Jun 15
We need a nanny for our 1 child in Evansville. And we’re looking now…
German American Bancorp - Evansville, IN
Leadership abilities, good communication skills, willingness to work hard. Directs the expansion of the existing customer base and the development of new…
German American Bancorp - Jun 14
HR Solutions, Inc.  11 reviews - Evansville, IN
6 + months of related experience. Our client is seeking a part-time bank teller to assist existing and new clients with their banking needs….
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HR Solutions, Inc. - Jun 14
We need a babysitter to take care of 1 child in Evansville. About the family: Was born in April and is low maintenance. We also have two golden retrievers and
We need a babysitter for our 2 children in Evansville. And we’re looking now! About the family: My kids are wild. A car is not provided – please have your own
Southwestern Healthcare  8 reviews - Evansville, IN
Applicantsmust have a High School Diploma or GED and be 21 years of age. Hillcrest Washington YouthHome Inc., is currently seeking a part-time, up to twenty…
Southwestern Healthcare - Jun 11
Crisp Painting, LLC - Indianapolis, IN
We are looking for ambitious, dependable, detail-oriented individuals to help us grow Crisp Painting into a national brand! Crisp Painting has become one of
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Indeed - Jun 10
Sheraton Indianapolis City Centre Hotel - Indianapolis, IN
Able to communicate accurately and effectively in verbal and written from with guests and associates so as to respond accurately and completely to people to…
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Indeed - Jun 10
ATI Physical Therapy  100 reviews - Indianapolis, IN
Excellent interpersonal and communication (both oral and written) skills; Individual is responsible for the clinical administrative functions of patient intake,…
ATI Physical Therapy - Jun 10
OfficeTeam  3,906 reviews - Indianapolis, IN
OfficeTeam is currently hiring for an Administrative Assistant to work part time with one of our clients in the downtown Indianapolis area! This is a
OfficeTeam - Jun 9
St Mary’s Health System  5 reviews - Evansville, IN
Job Summary: The Rep, Patient Services performs clerical and reception duties associated with patient registration. Responsibilities: Greets patients and
A Member of Ascension Health - Jun 9
Cassandra R. - Evansville, IN
My daughter usually attends daycare Monday thru Friday, her daycare is closed June 17th. I am unable to take off work that day to watch her and I have no
Sittercity - Jun 9
Reliable and transportation we both work second shift so need someone flexible schedule in between both our work schedules off every
Care.com - Jun 9
OfficeTeam  3,906 reviews - Indianapolis, IN
OfficeTeam is currently hiring for a Receptionist to work within one of our client’s offices located in the downtown Indianapolis area. The Receptionist that
OfficeTeam - Jun 8
Catherine S. - Boonville, IN
Hi, we’re looking for a wonderful person to help with our care and development at our home while our parents work. About Us: – Max: happy, healthy 3-month-old
Sittercity - Jun 8
Woodforest National Bank  466 reviews - Greenwood, IN
Proficiency with 10 key touch, Microsoft Office (Excel, Word, Outlook, SharePoint), and knowledge of, or the ability to quickly learn, banking software…
Woodforest National Bank - Jun 6
Methodist Hospitals Inc.  5 reviews - Gary, IN
Under general supervision. to perform work greeting and registering patients by obtaining demographics, financial information, insurance information and
Methodist Hospitals Inc. - Jun 1
Affinity Staffing and Development - Evansville, IN
Affinity Staffing and Development is currently searching for experienced residential painters for a very well established, locally owned fire and water
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Indeed - Jun 1

Adopt A Pet

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1 ½-yr-old female Rottweiler! Elsa scored a GREEN on her temperament test, meaning she’d be great with kids! Older kids are recommended simply because of Elsa’s size and strength (she’s 90 lbs.) She’s exceptionally social for a Rott. Elsa is good with other dogs, but not so good with cats. She does not mind small caged animals like ferrets or rats. Adopt her TODAY spayed, microchipped, and vaccinated for $100. Stop by the shelter Tuesday-Saturday 12-6, call (812) 426-2563, or visit www.vhslifesaver.org for adoption information!

 

Evansville Municipal Code Dealing with Fireworks

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As the Fourth of July approaches and many prepare to celebrate the 240th birthday of the United States the Evansville Police Department asks that those who use fireworks be careful and also be respectful of their neighbors and others by following the Evansville Municipal Code relating to the usage of fireworks. Attached below is the Municipal Code.

9.10.020 Fireworks – Evansville Municipal Code

(A) Consumer fireworks may be used within the corporate limits of the City of Evansville only under the provisions of this section.

(1) For the purposes of this section, the term “consumer fireworks” means a small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Consumer fireworks:

(a) Include:

(i) Aerial devices, which include sky rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mines, and shells;

(ii) Ground audible devices, which include firecrackers, salutes, and chasers; and

(iii) Firework devices containing combinations of the effects described in subsections (A)(1)(a)(i) and (ii) of this section; and

(b) Do not include the following items:

(i) Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed five grams in total composition per item.

(ii) Cylindrical fountains.

(iii) Cone fountains.

(iv) Illuminating torches

(v) Wheels.

(vi) Ground spinners.

(vii) Flitter sparklers.

(viii) Snakes or glow worms.

(ix) Trick noisemakers, which include:

A. Party poppers.

B. Booby traps.

C. Snappers.

D. Trick matches.

(x) Cigarette loads.

(xi) Auto burglar alarms.

(2) No person shall use, ignite or discharge consumer fireworks within the corporate limits of the City of Evansville except during the following times:

(a) Between the hours of 5:00 p.m. and two hours after sunset not to exceed 10:30 p.m. on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 5th, July 6th, July 7th, July 8th, and July 9th; and

(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4th; and

(c) Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1st; and

(d) Repealed by Ord. G-2015-28.

(e) Repealed by Ord. G-2015-28.

(f) If in any calendar year the City bans fireworks for the periods described in subsections (A)(2)(a) and (b) of this section (June 29th through July 9th), then in that calendar year only citizens may discharge consumer fireworks on additional dates as determined by the City Administration between the hours of 5:00 p.m. and two hours after sunset not to exceed 10:30 p.m.

(3) No person may use, ignite, or discharge consumer fireworks on any public street or in any public park or public area within the corporate limits of the City of Evansville at any time.

(4) No person may use, ignite, or discharge consumer fireworks in a manner which causes them to land upon property owned or occupied by another person.

(5) Any person who sells or offers to sell consumer fireworks within the City shall post a clear and conspicuous notice of the restrictions in this section, specifically the dates and times set forth in subsections (A)(2) and (3) of this section at or near each entrance to their business.

(6) This section shall not apply to supervised public fireworks displays which are in compliance with IC 22-11-4-1 et seq. and have been properly permitted and approved.

(B) No person shall conduct a fireworks display unless that person has obtained a permit from the State Fire Marshal pursuant to IC 22-11-14-2. Before applying to the State Fire Marshal for a permit, the applicant must show proof of insurance in the amount of not less than $100,000 for damages caused to a person or persons, and not less than $100,000 for damage to property. The applicant must also obtain a license for the display from the Chief of the Fire Department. The Chief of the Fire Department may issue a license for a fireworks display only upon finding that the applicant is qualified to conduct the display; and the display will not be hazardous to persons or property. [Ord. G-2015-28, passed 9-28-15; Ord. G-2012-14 § 1, passed 8-15-2012; Ord. G-2010-24 § 1, passed 11-10-10; Ord. G-2010-18 § 1, passed 7-2-10; Ord. G-2007-9, passed 8-28-07. 1962 Code, Art. 2, Ch. 6, § 2; 1982 Code § 131.02; 1983 Code § 13.131.02.]

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