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READERS FORUM JULY 14, 2016
WHATS ON YOUR MIND TODAY?
“IS IT TRUE†will be posted on this coming Friday
Todays READERS POLL question is: Would you vote for Evan Bayh to the United States Senate in this coming November General election?
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Rev. Payne’s Starts Petition Calling For The Resignation Of Missy Mosby As President Of City Council
Rev. Payne’s Starts Petition Calling For THE Resignation of Missy Mosby as President of City Council
William “Pooh†Payne grew up in Memorial Baptist Church. His father was the Pastor there, and young William planned to follow the path into the ministry. There was, however, to be an unplanned detour on the journey he had planned. He wound up serving time in a federal prison on his way to ministering to his community. He spent much of his young adulthood behind bars contemplating how he would serve the Lord once he gained his freedom. He affiliated with Broken Chainz Ministries and prepared himself to return to Evansville to serve the community.
Bill returned here in 2015 and has been busy making life better for young people on the south side. He wasted no time teaming up with his sister Phyllis Reed and friends “ID†Davis and LaKalver Butler to start the B.O.S.S. Prep Academy. B.O.S.S. is an acronym for “Brothers Out Saving Souls.†He offers regular “edu-tainment†events to any young people who want to attend. Family Movie Nights and open gym events, and midnight basketball are held at Zion Church on South Governor. Saturdays offer T-ball and baseball at Bellemeade Park..
Rev. Payne’s face lights up when he talks about the vision he has for the future of B.O.S.S. Academy. Tutoring has started at Zion, but he is looking to start a GED program, and working with youth to find employment in order to help them stay out of trouble and in school. A re-entry program to help those who have been in trouble return home and lead productive lives is also planned. A school to prepare children from at-risk homes to achieve and excel educationally is the ultimate goal of B.O.S.S. Prep Academy. He’s still a young man of 42, with great faith, energy, and determination,so we expect to see it happen.
With all of this going on in his life, no one could fault Brother Bill for passing up involvement in the recent Free Speech dust-up at City Council. He saw the potentially negative effect on public participation in government that the ordinance had, he did his homework on the subject, and created a petition calling for the resignation of Missy Mosby as President of City Council through Change.org on Facebook. Set on being an example of community activism for the youth of B.O.S.S. Prep Academy, he was one of several people who contacted citizens to go and speak to Council, and did so himself. Though he is quick to point out that he is NOT political, Rev. Payne said that this is not a partisan matter, but a matter of right versus wrong.
ATTACHED BELOW IS THE LINK TO THE PETITION CALLING FOR THE RESIGNATION OF MISSY MOSBY
GREGG/HALE PROPOSE $3.2 BILLION INFRASTRUCTURE PLAN
Proposal Puts Major Moves Dollars To Use Now
GARY, IND. – With an eye toward the future, today John Gregg, Democratic candidate for governor unveiled a comprehensive, fiscally responsible plan to invest $3.2 billion in Indiana’s infrastructure over the next 10 years, without raising taxes.
Announced at the Gary/Chicago International Airport, the Gregg/Hale Infrastructure Plan addresses both the short and long-term needs of the state’s crumbling infrastructure network and re-purposes existing state dollars to make new investments in the state’s roads, airports, railroads and maritime ports that will generate an estimated 54,600 new Hoosier jobs.
“This plan represents a long-term intermodal infrastructure strategy for Indiana,†said Gregg, a former university president and House speaker. “We have so many opportunities that we are missing. While interest rates are so low, let’s utilize some of the existing dollars the state has squirreled away to not only repair roads and bridges, but to make strategic investments that will spur business growth and improve the quality of life in communities statewide.â€
Specifically, the Gregg/Hale plan includes:
• Creating the Hoosier State Infrastructure Bank to Support Local Projects.  Under the Gregg/Hale plan, $200 million from the existing $500 million Next Generation Trust Fund would be used to establish the Hoosier State Infrastructure Bank (HSIB). Modeled after New Jersey’s Local Aid Infrastructure Fund, the HSIB will act as a revolving loan fund supplying low-interest loans to support high priority local projects. Eligible projects include local roads, bridges or other infrastructure repair work, new construction, planning fees and projects that improve a community’s quality of life including bike paths, sidewalks, mass transit and building broadband access and capacity. These funds would be provided in addition to what is already distributed to local governments.
• $3 Billion in Long-Term Funding for State and Local Projects. To begin addressing Indiana’s long term infrastructure needs, the Gregg/Hale plan calls for using the remaining balance in the Next Generation Trust Fund, or $300 million, to leverage bonds of up to $3 billion for new local and state projects that are critical to future economic growth and development. The bonds will be paid by future federal highway distribution dollars.
• Establishing an Infrastructure Roundtable with Private Sector Experts. As governor, Gregg will establish a permanent board composed of industry experts and charge them with researching long-term state and local infrastructure needs. The board will develop long-term recommendations on repairs, new builds and financing options; review the Indiana Department of Transportation’s organizational structure and make recommendations for improvements; create a statewide infrastructure inventory to help prioritize future replacements and identify funding; establish a formula for deciding the optimal time for road and bridge repair and; create a statewide repair and resurfacing plan based on this information.
• Greater Transparency and an Open, Searchable Infrastructure Database. As a part of the Gregg/Hale administration commitment to open government, Gregg will instruct INDOT to include various GIS maps, databases and other related information on the state’s open data portal so Hoosiers can search by road or bridge name to see the condition of the asset.
• Increasing Intermodal Opportunities. The Gregg/Hale administration will create a temporary commission of intermodal experts to study the needs of businesses not met in other states and develop a plan for building the capacity to bring more infrastructure, economic investment and jobs to Indiana, including additional rail lines throughout and investments in the state’s ports.
• Return Local Control, Resources to Local Government. In addition to low interest loans available through the HSIB, a Gregg/Hale administration will designate a portion of the money in the HSIB for locals grants, distributed on the basis of need. It will encourage local governments to “swap” federal dollars with state dollars giving them much needed flexibility in local road and bridge budgets.
• Addressing Indiana’s Long Term Water Needs. Understanding that Indiana will need at least an additional $16 billion over the next 20 years to fix our outdated water infrastructure, a Gregg/Hale administration will begin by mapping and prioritizing the state’s needs and providing local governments access to the HSIB for water infrastructure improvement projects. The Gregg/Hale campaign will be outlining a more detailed strategy for tackling this unique crisis later this summer.
“Neglecting our infrastructure for so long has not only hurt Hoosier families that have had to foot the bill for expensive vehicle repairs, it has impacted our businesses and made Indiana a less desirable and efficient place to grow and create jobs,†added Hale, a former executive with Kiwanis International. “We can turn that around, but it’s going to take new leadership, new priorities and a willingness to work across the aisle. John Gregg and I are ready to do that.â€
To view the entire Gregg/Hale Infrastructure Plan, please visit www.greggforgovernor.com/issues.
For more information on John Gregg, Christina Hale or their campaign please visit www.greggforgovernor.com or call 317-510-1876.
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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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!