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Governor Pence Statement on Indiana Joining Lawsuit Challenging EPA’s Rule Redefining “Waters of the United Statesâ€
Pence: “EPA must be held accountableâ€
Indianapolis –Governor Mike Pence today offered the following statement regarding Indiana Attorney General Greg Zoeller’s decision to enter Indiana into a lawsuit challenging the Environmental Protection Agency’s final “Waters of the United States†rule.
“I am pleased that Indiana will join more than two dozen other states that are challenging the final ‘Waters of the United States’ rule. Once again, the Environmental Protection Agency has stretched beyond its authority under federal law, and they must be held accountable. They cannot be allowed to continue to expand federal authority over more aspects of Hoosiers’ lives.â€
In November of 2014, Governor Pence and Lt. Governor Sue Ellspermann, as well as the Indiana Department of Environmental Management and the Indiana State Department of Agriculture, sent letters to the EPA and the U.S. Army Corps of Engineers urging them to withdraw the proposed rule that redefines “Waters of the United States†protected under the Clean Water Act.
AG Zoeller announces settlement to ensure competition remains following Dollar Tree/Family Dollar merger
Indiana Attorney General Greg Zoeller announced the terms of a settlement that he and 16 other states have reached with Dollar Tree, Inc., following their review of the company’s proposed acquisition of Family Dollar Stores, Inc. The merger combines two large national chains of deep discount stores.
Working with the Federal Trade Commission (FTC), the state attorneys general are requiring Dollar Tree to sell more than 300 Family Dollar stores to a new competitor in order to complete the acquisition. All of the affected stores are to be sold and re-branded as DollarExpress stores, a new chain of deep discount stores being launched by Sycamore Partners.
Zoeller said he was concerned that the merger would substantially lessen competition in certain Indiana cities and is requiring five stores in the following areas to be sold to Dollar Express:
- Diplomat Plaza, 4157 Cleveland St., Gary Ind., 46408
- County Market Place, 2535 Garfield St., Gary, Ind., 46404
- 5307 Decatur Rd, Ft. Wayne, Ind., 46806
- 715 E. 38 St., Indianapolis, Ind., 46205
- 9950 Pendleton Pike, Indianapolis, Ind., 46236
In addition to these stores being sold to Dollar Express, Dollar Tree will be required to report or notify the Indiana Attorney General’s Office of future acquisitions or store relocations or closings.
Dollar Tree operates stores under both the Dollar Tree and Deals banners. Stores using the Dollar Tree banner typically price all merchandise for $1 while both Deals stores and Family Dollar stores offer additional merchandise for higher prices. The stores tend to be smaller in size and are often located within or near neighborhoods.
“The several stores impacted in Indiana are important to the everyday options for local residents,†Zoeller said. “I wanted to ensure competition remained despite this large merger so that consumers had access to fair prices and the best merchandise.â€
Zoeller said his office worked with the FTC and the other state attorneys general in conducting a national review of the transaction. The attorneys general have filed their lawsuit and proposed consent judgment in the Federal District Court for the District of Columbia.
Sycamore Partners is expected to acquire the stores being divested over the coming few months and operate them under its DollarExpress banner.
Dollar Tree (NASDAQ: DLTR) is headquartered in Chesapeake, Virginia and operates more than 4,200 stores. Family Dollar (NYSE: FDO) is headquartered in Matthews, North Carolina and operates more than 8,000 stores nationwide.
The other states involved in the settlement are Florida, Maine, Missouri, Alabama, Iowa, Maryland, Massachusetts, Mississippi, Nebraska, Oklahoma, Pennsylvania, Tennessee, Vermont, Virginia, Utah and West Virginia.
7th Circuit affirms ruling for Emmis in unpaid-dividend suit
Dave Stafford for www.theindianalawyer.com
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
Preferred-stock owners claimed Emmis owed more than $34 million in unpaid dividends on shares issued in 1999. Emmis stopped paying guaranteed dividends on the shares in 2008, and their value plummeted. Through a swap arrangement, the shares eventually were placed in escrow by mutual agreement, and Emmis acquired voting rights in the preferred shares.
The 7th Circuit affirmed U.S. District Court Judge Sarah Evans Barker’s ruling in favor of Emmis.
Circuit Judge Frank Easterbrook wrote for the panel that Indiana law under I.C. 23-1-20-24 is unique among the states in allowing corporations to vote their own shares. “The owners observe that Emmis structured this transaction so that it would bear the economic risk of the shares, while the original owners no longer faced variability in the shares’ market price. That’s true.
“So if this transaction had been conducted in any state but Indiana, a court probably would have said that Emmis could not vote these shares,†Easterbrook wrote. “But Indiana allows corporations to deal in and vote their own shares. … Indiana law is distinctive, but it is not our job to reduce inter-state variance in corporate law.
“Indiana’s willingness to allow corporations to vote their own shares may be good, or it may be bad, but the ability to negotiate for better terms, or invest elsewhere, rather than judicially imposed ‘best practices,’ is how corporate law protects investors,†the panel concluded.
The case is Corre Opportunities Fund, LP, et al., v. Emmis Communications Corp., 14-1647.
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ST. MARY’S MARKET DAYS KICKOFF CELEBRATION
St. Mary’s Market Days returns Thursday, July 16th. To celebrate we are having a special ribbon cutting and blessing at 8am with Mayor Lloyd Winnecke and President Keith Jewell.
An annual tradition, Market Days offers handmade items like jewelry and crafts, fresh produce, baked goods, flowers, herbs, honey and other homegrown items. New vendors this year expand breakfast and lunch offerings. Cleo’s Bakery, Pizza Revolution, Cisse’s Bread Bakery, and St. Mary’s own Touchpoint join the lineup with returning Butcher Holler. Our St. Mary’s Wellness booth has various health and wellness tips, where market goers can enter the raffle for a Market Days gift basket.
St. Mary’s Market Days begins July 16th and runs every Thursday through September 3rd from 8:00am – 1:00pm. Located along St. Mary’s Boulevard off Washington Avenue.
IS IT TRUE JULY 7, 2015
IS IT TRUE Teamsters 215 stated publicly they understanding the EVSC Board’s concerns and has proposed several other options such as?
IS IT TRUE proposal number one is? Â A mediator which is a free service provided by the Federal Mediation and Conciliation Service?
IS IT TRUE the second proposal is to select panel of three (3) consisting of one being chosen by EVSC, one being chosen by the Union and the third being mutually agreed upon by the other two panel members?
IS IT TRUE proposal number three is select an arbitrator from Indiana that has expertise in school related issues.
IS IT TRUE that In last forty years local Teamsters 215 have had only 5 cases get to the arbitration stage? Â …its obvious that both sides are clearly capable at working out labor issues if they put their mindset to doing it? Â …we understand there are times when both sides truly feel they are right and the fair thing to do is have a third party make the final decision?
IS IT TRUE than 2nd District School Board candidate Andrew Guarino he was quoted as saying: “IN the interim, we will meet with the Teamsters, to forge a more trusting relationships”?  …we wonder what Mr. Guarinos wife (State Senator Venneta Becker) thinks about his husband political flip flop on the collective bargaining issues with the local Teamsters 215?
IS IT TRUE that At-Large School Board candidate Rance Ossenberg publicly stated in the CITY COUNTY OBSERVER: “As a board member, i would want a better relationship with all the union and employee groups. Â The perception of the public with the latest negotiations is there was a luck of communication between the administration and bargaining units. This open the door to rumor and half truths that create distrust and a negative environment. Â Collaborastion between all parties is imperative if we are to create a positive positive work environment that in turn will help optimize learning conditions for students”?
IS IT TRUE newly appointed Superintendent DR. David Smith publicly stated that “at every level  I’m convinced that relationships are hugely important,”  “the way we approach our employees and treat our employees will not change,” ‘we value our employees” and ” built that trust and collaborative relationships over the years.”?
IS IT TRUE than School Board candidate for re-election and now EVSC President Mike Duckworth publicly stated: “I think as long as we have dialogue and keep communication, keep talking, we can disagree but we want to collaborate and see how we can make it better for all of us,” he said?
IS IT TRUE concerning the proposals regarding the Grievance Procedure that the Teamsters are trying to achieve specifies language that the Union feels is fair for both sides? …the Union doesn’t think it is fair to have the EVSC School Board be the final decision maker on grievances,? …we feel other proposals need to be brought to the table to try to address other concerns expressed such as where the arbitrator is from and costs? …the EVSC Board feels that as elected officials they should make the final determination on grievances, especially if financial issues are involved?
Please take time and vote in today’s “Readers Poll”. Also we just posted the current City County Observer TRI-STATE VOICES TV show for you’re viewing pleasure. Don’t miss reading today’s Feature article because it’s always an interesting read. New addition to the CCO is the Cause of Death report generated by the Vanderburgh County Health Department. Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Prominent Midwest Mayors in Evansville to Support Gail Riecken
State Representative Gail Riecken, candidate for Mayor of Evansville, announced today that Mayor 
Karen Freeman-Wilson of Gary, IN and Mayor Nan Whaley of Dayton, OH will be coming to Evansville to host a forum on leadership in government and business and to headline a fundraiser for her campaign.
Both events will be held at the Memorial Baptist Church in Evansville on July 14, 2015.
“Mayor Freeman-Wilson is one of the most effective mayors in our great state,†said Riecken. “She has used her background in government to unify her city behind a broad group of fresh ideas and creative approaches to growing the economy and improving public safety.â€
Mayor Freeman-Wilson is a former Indiana Attorney General and was the first female mayor in Gary’s history.
“Mayor Whaley has also been a truly transformative leader as Mayor,†said Riecken. “Nan has launched new initiatives aimed at growing small businesses and addressing her city’s housing challenges. She’s used her background on City Council as a springboard to an aggressive approach as Mayor.
“We are looking forward to learning a lot from these very impressive mayors and we hope to host a broad group of Evansville citizens for this important forumâ€
Governor Pence Names Andrew Kossack Department of Revenue Commissioner
Thanks Commissioner Mike Alley for Service to Indiana
Indianapolis – Governor Mike Pence today named Andrew Kossack as commissioner of the Indiana Department of Revenue (DOR). Kossack currently serves as chief of staff for DOR, where he oversees the Department’s business support divisions, which include finance, information technology, public relations, human resources, and project management.
“Andrew Kossack’s experience and extensive leadership in state government make him the ideal person to follow Commissioner Alley,†said Governor Pence. “Though he has big shoes to fill, I know that Andrew will take the lead with distinction and continue the enhancements, streamlining, and innovations that taxpayers deserve from their Department of Revenue.â€
Before joining DOR, Kossack served as general counsel and policy director for the Indiana Office of Management and Budget (OMB) and as education and workforce policy director in the Office of Governor Mike Pence. He started his state career as public access counselor under Governor Mitch Daniels, after working at Barnes & Thornburg LLP. Most recently, Kossack served as deputy policy director with the Foundation for Excellence in Education, Inc.
Kossack earned his undergraduate degree from Butler University and his law degree from the Indiana University Robert H. McKinney School of Law. He lives in Zionsville with his wife and two sons.
His appointment is effective July 17, 2015, upon the retirement of current DOR Commissioner Mike Alley.
“I am thankful for the years Mike Alley has served the people of Indiana as Commissioner of the Department of Revenue,†said Governor Pence.  “He has led the Department with great integrity and dedication, and the Department has become better for it. We wish him the best in his upcoming retirement.â€
DR. DAVID SMITH RESPONSES TO MEDIA QUESTIONS AND COMMENTS
EVSC Superintendent Dr. David Smith Comments At Last Night School Board Meeting Concerning Negotiations.
There have been numerous questions and/or comments in the media recently regarding negotiations that have occurred over the past three months.
It has been well documented that there were two critical concerns that proved insurmountable:
1. The Board has the responsibility for who works with and around our students and therefore must have the final say in matters of employment.
2. And the second concern centers on requiring employees to pay a mandatory fee to the union.
While much has been made about these being new issues, it really is very simple. Since the signing of the last agreement, there were two grievances that were submitted by the leadership of Local 215 to arbitration that had serious financial and employment ramifications, and the second concern arose due to the fact that 15% of employees who are eligible for 215 membership do not wish to be members – many of these are employees who chose to discontinue membership last summer when the contract lapsed.
Much has been mentioned about the final two days of negotiations and the number of proposals that were submitted by the leadership of 215.
What I haven’t seen in the media is that the negotiator for 215 required, as a pre-condition of acceptance, that these two proposals on the two separate issues be accepted or rejected together as a package. In other words, the second proposal on grievances was partnered with the second proposal on Union Security and both had to been accepted or rejected together. While there was some movement on Union Security, it only addressed current employees by providing a fixed period of time only at the beginning of the agreement to withdraw from paying a fee to the Union. The language did not address our employee’s continued right to choose and also was not included in the contract language itself, but only in a separate Letter of Agreement. Overall, none of the Union’s proposals on Union Security addressed all of the Board’s legal concerns. Concerns that are very similar to those of this Board are now slated to be heard by the US Supreme Court.
Additionally,  ALL of the Union leadership’s proposals on grievance procedure made Binding Arbitration the final step – a step that was NOT in 80% of the expired contracts. Each subsequent Union proposal inserted yet another layer of review above the board, moving the decision making authority even further away from the board. The Board had made it very clear that they would not bargain away their authority to make employment decisions.
It has also been reported in the media that some don’t think it is fair that this elected Board, as a party to the agreement should have the final say in these matters. The elected Board is the governing body of our corporation. I and all other employees are the staff side of the corporation. The staff side of the corporation follows statute and procedure to investigate and then, if appropriate, to recommend employee discipline. The Board as the Governing Body decides to approve or reject the staff’s recommendation. And this process includes a conference between the Board and the employee where the employee may present evidence and may also be represented by legal counsel. It is clear that this is a system designed for checks and balance. Additionally, this is the process that ALL Indiana School Boards must follow for teachers. So clearly, School Boards, who are a party to teacher contracts, have this responsibility required of them in Indiana law. While it is correct that arbitration is in city and county union contracts, our employees work around children and city and county employees work around adults. The bottom line is that this Board has the ultimate responsibility for those who work around our students and they must also have the congruent authority.
It was the negotiator of 215 who required, as a pre-condition of acceptance, that the two proposals on these two separate issues be accepted or rejected together as a package. And it was the leadership of 215 who stated they are not willing to have a system that allowed the Board to make the final decision. It seems clear why President Duckworth stated that neither side was able to move sufficiently to reach an agreement.
Finally, we’ve heard that this is about union busting and retribution, and while that makes a great sound bite for our local news, you would have to dismiss the following facts in order for those concepts to be true:
1. Even though our School Board is responsible for those who work with our students, they should not be allowed to have the authority to make those decisions.
2. You would have to dismiss as insignificant the recent decision by the United States Supreme Court to hear a similar case of public school employees being forced to pay a fee to a union as a condition of employment.
3. And finally, you would have to dismiss the fact that this School Board has awarded more than $200M in construction contracts in the last decade thanks to the graciousness of Vanderburgh County property tax payers; and this Board worked very hard to make certain that the large contracts were broken into smaller amounts to ensure that the work would stayed local – and approximately 95% of that work went to local union workers.
I’m sorry that our employees have been put in the middle. For someone to suggest that your wages and your jobs will be cut – well they are simply playing on your fears.
The educational landscape has changed so much in the last several years and we need partnerships that understand these changes and are willing work with us to make certain we are the very best school corporation we can be.
I’ve stated this before in the public and I will state it again tonight, no one is going to have their wages cut or will lose a job due to not having a collective bargaining agreement.
Great people do matter! That’s more than just a slogan – and we WILL continue to offer a wage and benefit package that allows us to attract and retain the very best.
Thank you,
Dr. David Smith EVSC Superintendent Of Schools
This Dr. Smiths speech is posted in the CCO without bias, editing or opinon.
Please take time and vote in today’s “Readers Poll”. Also we just posted the current City County Observer TRI-STATE VOICES TV show for you’re viewing pleasure. Don’t miss reading today’s Feature article because it’s always an interesting read. New addition to the CCO is the Cause of Death report generated by the Vanderburgh County Health Department. Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.