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Governor Pence Signs Religious Freedom Restoration Act Clarification Bill

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Pence: “Resolving this controversy, making clear that every person feels welcome and respected in our state is best for Indiana”

“The freedom of religion for every Hoosier is enshrined in the Constitution of the United States and in the Indiana Constitution, which reads, ‘No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.’ For generations, these protections have served as a bulwark of religious liberty for Hoosiers and remain a foundation of religious liberty in the State of Indiana, and that will not change.

“Last week the Indiana General Assembly passed the Religious Freedom Restoration Act raising the judicial standard that would be used when government action intrudes upon the religious liberty of Hoosiers, and I was pleased to sign it.

“Over the past week this law has become a subject of great misunderstanding and controversy across our state and nation. However we got here, we are where we are, and it is important that our state take action to address the concerns that have been raised and move forward.

“Last weekend I called upon the Indiana General Assembly to clarify that this new judicial standard would not create a license to discriminate or to deny services to any individual as its critics have alleged. I am grateful for the efforts of legislators, business and other community leaders who came together to forge this clarifying language in the law.

“Hoosiers deserve to know, that even with this legislation, the Religious Freedom Restoration Act enhances protections for every church, non-profit religious organization or society, religious school, rabbi, priest, preacher, minister or pastor in the review of government action where their religious liberty is infringed. The law also enhances protection in religious liberty cases for groups of individuals and businesses in conscience decisions that do not involve provision of goods and services, employment and housing.

“In the midst of this furious debate, I have prayed earnestly for wisdom and compassion, and I have felt the prayers of people across this state and across this nation. For that I will be forever grateful.

“There will be some who think this legislation goes too far and some who think it does not go far enough, but as governor I must always put the interest of our state first and ask myself every day, ‘What is best for Indiana?’ I believe resolving this controversy and making clear that every person feels welcome and respected in our state is best for Indiana.

“Our state is rightly celebrated for our pro-business environment, and we enjoy an international reputation for the hospitality, generosity, tolerance and kindness of our people. Hoosier hospitality is not a slogan; it is our way of life. Now that this is behind us, let’s move forward together with a renewed commitment to the civility and respect that make this state great.”

Minutes from the March 25th, 2015 Safety Board Meeting

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03/25/15 Minutes

The Board of Public Safety meets every 2nd & 4th Wednesday of the month, excluding the months of November & December.  Room 301 – 1:00 p.m.

7th Circuit grills state over Indy judge election system

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Dave Stafford for www.theindianalawyer.com

As Indiana endured the harsh national glare from the Religious Freedom Restoration Act controversy this week, Indianapolis’ pay-to-play, power-sharing system for electing Marion Superior Court judges was on trial in Chicago.

A panel hearing the appeal of a decision that ruled unconstitutional Indianapolis’ slating system for electing judges appeared skeptical of the state’s arguments in favor of the law. Oral arguments Wednesday before the 7th Circuit Court of Appeals may be heard here.

As Indiana Solicitor General Thomas Fisher argued that the statute theoretically gives independent and third-party candidates a greater likelihood of being elected to the bench, a seemingly incredulous Judge Ilana Diamond Rovner replied, “I’m talking about reality.”

Marion County’s judicial election law that ensured Democratic and Republican parties an equal number of judgeships was tossed out in October after a lawsuit was brought by the public-interest group Common Cause. The election law has facilitated a system whereby both parties “slate” those ballot positions with candidates who make five-figure financial contributions to the parties.

Fisher argued the case was wrongly decided. “We don’t have any precedent for the sort of right to a meaningful vote that the plaintiffs have invoked in this case,” Fisher said.

“This is a unique system in the United States, is it not?” Judge Michael S. Kanne asked, after which Fisher said that it appears to be. Fisher explained each party conducts slating conventions to fill their guaranteed judgeships.

“Do those slated then pay a slating fee?” Kanne pressed. “I know you don’t want to call it a slating fee.”

Fisher replied, “There is some need to cover the costs of the election, to cover the cost of the system … I think that’s the point.

“What’s been challenged is not the process of nominating candidates but the process of having an election where, as it happens, for lack of support there are no independent and no third-party candidates and no write-ins,” he said.

Independent voters, Fisher argued, “may recruit and support independent candidates or third-party candidates. That’s the system that we have … and that has always been sufficient from the Supreme Court’s point of view when it comes to a meaningful and effective vote.”

American Civil Liberties of Indiana attorney Ken Falk argued on behalf of Common Cause to affirm the District Court opinion striking down Marion County’s election statute. He said the statute “by design, produces elections on Election Day where there is no electoral choice,” and which entirely shut out independent and third-party voters.

“An independent is not someone necessarily who wants to vote for a fringe candidate; an independent is someone who wants the ability to weigh the merits of a Democrat or a Republican and vote based on merit, not based on party affiliation,” Falk said.

“When an independent walks into a voting booth in Marion County on Election Day, if there are 16 judges running, what the independent will see is something that says here are 16 names for 16 positions,” eight Democrats and eight Republicans. “And the rationales that the state proffers do not satisfy any burden, and remember, we’re talking about the right to vote,” Falk argued.

“It’s a unique system but it’s a ridiculous system,” he said. “When you walk into the voting booth and realize that as long as the judge votes for himself or herself, every single person in Marion County can vote against that judge or not vote for the judge and that judge will still win. … There simply are not justifications.”

Fisher argued that the parties perform an important gate-keeping function in slating candidates who then must win primary elections before being placed on the general election ballot. Rarely do slated candidates lose in primary races.

“There are circumstances where the parties have performed the gate-keeping function and they haven’t slated incumbents,” Fisher said. “It does happen.”

But Kanne worried whether the system might raise concerns “that you’re looking at people who have an obligation of a deference to the party that put them where they got to be.”

Fisher responded there are multiple methods to balance judicial independence with public accountability. “I think the Legislature is entitled to examine each jurisdiction and come up with what it thinks is the best solution given the dynamic for that locale.”

Fisher argued that Indiana also has a tradition of judicial partisan elections, but Kanne noted other larger counties have adopted merit-selection, and he again focused on slating.

“Do (judges) not also bring to the bench the fact that they’re very beholden to the political party that has complete control over their electoral fate?” Kanne asked.

“We’re not facing a challenge to the slating,” Fisher said, raising a possibility of a party sweep of judicial offices in an unrestricted partisan race. He said Republicans swept judicial offices in 1970 and in 1974 Democrats swept in the wake of Watergate.

“We don’t want that kind of instability, we want to have some sense of balance based on the contributions of each of the major parties.”

But Falk argued, “It’s not rational to assume there’s a Republican or a Democratic way of being a trial judge. … “Judges don’t have constituencies.”

He also observed that stability has been built into the system to the point that even before last November’s general election, the Marion Superior Executive Committee made assignments for judges who took office earlier this year.

“The election was a foregone conclusion,” Falk said. “We can’t have that and at the same time say we have a system that is advancing democracy.

“The justifications the state gives certainly do not support this highly unusual, unique election … but it’s not an election, it’s a coronation.”

Along with Kanne and Rovner, the panel included District Judge Theresa L. Springmann, sitting by designation from the U.S. Court for the Northern District of Indiana.

At the outset of Wednesday’s hearing, Kanne noted the greater controversy that had engulfed the Hoosier state. He mused to Fisher, “Indiana’s getting a lot of TV (coverage), but apparently they’re not that interested in your case.”

PELATH TAKES DIM VIEW OF RFRA “COMPROMISE”

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INDIANAPOLIS – Indiana House Democratic Leader Scott Pelath from Michigan City today issued the following statement about the “compromise” version of the Religious Freedom Restoration Act (RFRA) passed in the Indiana General Assembly:

 

“A true ‘fix’ would have started by wiping away this blight. It is insufficient to the grave task at hand.

 

“If we are to decisively end the economic chaos that has come to our state as a result of this act, then any answer had to have started by repealing RFRA entirely.

 

“Then we could have started the hard work of building protections for the original targets of this law and healing our state’s battered image.

 

“Instead, this ‘fix’ will be a platform for more divisive debates and mistrustful confusion when crystal clarity is in order.

 

“This is what should be done: RFRA must be repealed, followed by prompt passage of specific civil rights protections.

 

“Today’s action will be portrayed by its desperate advocates as a grand compromise, but I’m quite sure no one will look at what has happened and be reminded of the wisdom of Solomon.

 

“Those who embarked on this cynical campaign to tell others how to live their lives will consider this a betrayal. Those who were the focus of its punitive nature will continue to fear some still consider them second-class citizens.

 

“Perhaps this legislation will send away the national media for the time being. Maybe it will numb the most desperate worries of a few in the state’s business community.

 

“But the damage has been done. The law will remain on the books, and the out-of-touch and backward motives behind the law will remain.
“We remain stuck in the past at a time when the rest of the world is moving forward with greater concerns than caring about who loves whom.

 

“The shame of this is that it all could have been avoided. We didn’t need to do this, but political arrogance gave safe harbor to the zealotry of a few. The lasting image for many will be of a governor who doesn’t appear to be interested in governing, only pandering.

 

“Again I say: I hope it was worth it.”

 

IS IT TRUE APRIL 3, 2015

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IS IT TRUE that Mayor Winnecke was only authorized to charge the Evansville Water Utility for property taxes on the utility’s infrastructure in the amount of $3,100,000 in 2014?  …according to the 2014 Annual Financial Statements he over-charged the Water Department by $2,500,000 without the knowledge or authority of the City Council?

 IS IT TRUE that without the unauthorized transfer of the Water Department’s money into the General Fund, the fund would have been negative as of December 31, 2014 by $2,200,000 and would be written up by the State Board of Accounts auditors.

IS IT TRUE that the Mayor intentionally stop paying the health care claims of the City’s workers in the amount of $3,000,000 and held them over until 2015 in order to keep the General Fund from becoming NEGATIVE at the end of 2014? …without this Enron-like accounting trickery, the city General Fund would have been upside down by $2,700,000?  … together with the unauthorized $2,500,000 money from the Water Utility, the General Fund balance would have been a whopping NEGATIVE AMOUNT OF $5,200,000?
IS IT TRUE that our General Fund, is the fund that pays our police officers and firefighters has only $307,000 while the City of Darmstadt General Fund has $357,000 as of January 1, 2015?    …our next property tax revenue collection will not happen until June 2015? … and as of January 31, 2015 the City of Evansville Fund shows a NEGATIVE $8.6 million dollars?
IS IT TRUE that Mayor Winnecke takes credit for spending $5 million less in 2014 out of the General Fund but he failed to mentioned that he neglected to collect $11,000,000 in taxes resulting in over spending by $6,000,000?
IS IT TRUE that City Councilwoman Connie Robinson had a political fundraiser last night at downtown restaurant?  …Mrs. Robinson fundraiser event had an extremely diverse crowd in attendance?  ….it looks like the 4th Ward is gearing up to turn out in large numbers to re-elect City Councilwoman Connie Robinson to another four years?
FOOTNOTE:  PLEASE TAKE TIME TO GO TO OUR READERS POLL TO VOTE ON TODAYS QUESTION. 

Gann in court

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Michael N. Gann will appear in Circuit Court today at 1:00 for his advisement of rights and to hear preliminary charges filed against him.
Gann is preliminarily charged with:
Count l: Causing Death while Operating a Motor Vehicle with an ACE of .15 or more – Level 4 Felony
Count ll: Causing Serious Bodily Injury while Operating a Motor Vehicle with an ACE of .08 or more – Level 6 Felony
Count lll: Causing Serious Bodily Injury while Operating a Motor Vehicle with an ACE of .08 or more – Level 6 Felony
Count IV: Leaving the Scene of an Accident – Class B Misdemeanor
Bond is preliminarily set at $25,000 cash and as a condition of bond, Electronic Home Detention with alcohol monitoring.
Like all defendants, Michael Gann is presumed innocent until proven guilty in the court of law.

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

http://www.vanderburghsheriff.com/recent-booking-records.aspx

EPD Activity Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

UE Presents Outstanding Educators of the Year Award for 2015

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Four educators in Vanderburgh County were recognized by surprise announcements as Outstanding Educators of the Year on Wednesday, April 1, during the University of Evansville’s 24th annual presentation in the Vanderburgh County schools. The competition recognizes current classroom teachers and building principals in grades K-12 with at least three years of experience.

 

The four winners will be formally recognized Friday, May 1, during the University’s annual banquet. This recognition program is sponsored by UE and the Evansville Courier & Press. For additional information, call the UE School of Education at 812-488-2360 or 812-488-2368.

 

Presented with awards at their schools were:

  • Middle School Teacher of the Year: Angela Greenwell, Helfrich Park STEM Academy
  • High School Teacher of the Year: Mark Schoenbaum, Memorial High School
  • Building Principal of the Year: Bryan Perry, Thompkins Middle School

 

Outstanding Elementary Educator of the Year:

Carolyn Bennett, third grade teacher, Highland Elementary School

Carolyn Bennett has been an educator for 22 years. She currently teaches at Highland Elementary School.

 

Bennett is passionate about teaching third graders. “I love the minds of eight and nine year olds,” she explains. “They are enthusiastic learners who are beginning to understand their strengths and weaknesses.”

 

She says that her teaching philosophy can be stated in one sentence:  “Each child gets what they need.” Bennett believes that third graders are the perfect age to understand that philosophy.

 

“They know I will help when they need it,” she says, “but if they are able to fix a problem on their own, they do it.’”

 

Bennett served on EVSC’s first Math Mapping Committee, was part of the Oak Hill Elementary School Planning Committee, and is a member of the Response to Intervention Team. She has had extensive training in the Leader in Me Program.

Outstanding Middle School Educator of the Year:

Angela Greenwood, seventh grade social studies, English and literature and eighth grade English and literature teacher, Helfrich Park STEM Academy

Angela Greenwell has been a teacher for seven years. She currently teaches 7th and 8th graders at Helfrich Park STEM Academy, where her subject areas are social studies, English and literature.

 

Greenwood feels that educators should prepare students for the 21st century. Therefore she sets high expectations in her classroom. Her teaching strategies encourage research, critical thinking, collaboration, creativity and problem solving. Her students publish essays to their classroom portfolios, relying on research to validate their arguments.

“All students have valuable ideas and can make academic gains when provided a stimulating learning environment,” says Greenwell.

 

Greenwell is working on a doctoral degree in literacy and leadership. She is a member of the ISTEP review board in Indianapolis, and the seventh grade ELA textbook adoption committee. She is a national seventh grader language facilitator for National Education Association’s Greater Public School Network, and has taken part in service based community learning projects.

 

Outstanding High School Educator of the Year:

Mark Schoenbaum, art teacher, Memorial High School

Mark Schoenbaum has been an art teacher at Memorial High School for 27 years. His teaching areas include art history, photography, painting, advanced painting, drawing, ceramics, advanced ceramics and digital photography

Schoenbaum notes that his philosophy of education is reflected in a quote from Pablo Picasso: “Inspiration Exists, but it must find us working.”

 

He believes successful teaching involves three strengths: a positive learning environment, creating enthusiasm for learning and creativity, and quality customer (student) service.

 

“Promoting a supportive and challenging learning environment for my students is fundamental,” he says, “so that they may question their ideas, and develop essential skills and a strong work ethic.”

 

Schoenbaum is a member of National Council on Education for the Ceramics Arts. He has participated in the Don Reitz Retrospective Invitational, and the East/West/North Art Show at the Evansville Museum. He received the Pro-Operis Award for 20 plus years of service, and has been nominated for Arts Council Art Teacher of the Year

Outstanding Administrator of the Year:

Bryan Perry, principal of Thompkins Middle School

Bryan Perry has been principal at Thompkins Middle School for six years. He has been involved in education for 22 years.

 

Perry says that his educational beliefs continually change as the field of education evolves. One thing that remains constant is his goal to do the right thing for his students and staff and ensure that they progress as people and professionals.

 

“I want to develop students that succeed at their chosen field of study,” he says. While he doesn’t feel it is necessary for them all to pursue a four year college degree, he does want each to understand the importance of post-secondary training.

 

In his role as an administrator, Perry encourages leadership skills in his staff. He does not believe in micromanaging, saying that “the best thing that I can do is to get out of their way!”

 

Perry was named Indiana Association of School Principals District 11 Middle School Principal of the Year in 2012. He has been an Indiana Principal Leadership Institute Mentor Principal since 2014.

 

*If you are in need of photos for part of your story – let me know.  I have some decent ones.

 

UE to Host Event Announcing Indiana Civic Health Index Results

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Former U.S. Representative Lee Hamilton, director of the Center on Congress at Indiana University, and former Indiana Supreme Court Chief Justice Randall T. Shepard will announce results of the 2015 Indiana Civic Health Index at the University of Evansville on Friday, April 3. The event starts at 11:00 a.m. in Room 162 (Harkness Hall), Schroeder School of Business Building, and is free and open to the public.

The 2015 Indiana Civic Health Index is a report that shows how actively citizens engage in their communities and reveals overall civic health through key measurements:
• Participation in group associations
• Donation of time and talent through volunteerism
• Level of confidence in institutions—such as the media or schools
• Frequency people eat dinner with their family
• Voter registration and turnout

The forward of the report provides an explanation on the importance of civic health: “The American experiment is a testament to a diverse group of people working together… It is this “civic fabric” that holds our country together and makes it strong. Civic involvement does not simply happen however. It takes each generation to demonstrate and teach future generations what it is to be an active, engaged, and enlightened citizen … (the report) seeks to once again measure just how successfully we are doing on this score…Some of these trends are positive and things that we can continue to build on… while others are cause for concern and areas we need to improve.”

The report includes details on community involvement, volunteerism, social connectivity, voter registration and turnout, political involvement and confidence in public institutions. It details how Indiana compares to the rest of the nation and across geographic lines (urban, suburban and rural).