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Justices find no public school transportation mandate

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Dave Stafford for www.theindianalawyer.com

A dispute over a suburban Indianapolis school system’s fees for bus service ended Tuesday with the state Supreme Court ruling that public schools are not constitutionally required to provide transportation for students.

“In the case before us today, we find no constitutional requirement for school corporations to provide transportation to and from school,” Justice Steven David wrote for the court. “Since Franklin (Township) School Corporation did not violate a constitutional mandate, we affirm the trial court’s grant of summary judgment in favor of Franklin (Township) School Corporation.”

Facing a budget shortfall in 2010, the township in southeastern Marion County privatized transportation service, requiring parents to pay more than $400 annually for their children to take the bus. Outcry over the decision led lawmakers in 2012 to amend I.C. 20-27-5-2 to prohibit charging fees for transportation to and from school.

But the court noted in Lora Hoagland, On Behalf of Herself and All Others Similarly Situated v. Franklin Township Community School Corp., 49S02-1410-PL-643, that the same statute section included language that said a school corporation “may” provide transportation to and from school.

Because the education clause in the Indiana Constitution grants development of a system of common schools to the Legislature, David wrote, the court was limited to determining when an action clearly violates a constitutional mandate.

“We summarily affirm the Court of Appeals in holding that the Indiana Tort Claims Act was inapplicable to Hoagland’s constitutional claim. We also summarily affirm the Court of Appeals in holding that the Education Clause does not provide a private right of action to pursue monetary damages. We now hold that Article 8, Section 1 of Indiana’s Constitution does not mandate school corporations to provide transportation to and from school. Accordingly, we affirm the trial court’s grant of summary judgment in favor of Franklin (Township) School Corporation,” David wrote.

The opinion was unanimous, but Justice Robert Rucker concurred in result only.

Bernanke talks financial crisis, offers advice for students at USI event

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$40,000 gift will be used for scholarships

The University of Southern Indiana’s Romain College of Business and the USI Foundation hosted former chairman of the Federal Reserve Dr. Ben S. Bernanke on March 23, as the second speaker in the Romain College of Business Innovative Speaker Series. The inaugural speaker was T. Boone Pickens, legendary entrepreneur and philanthropist, who spoke in spring 2013.

The event, “A Conversation with Ben Bernanke,” former Fed Chair, and Time magazine’s 2009 Person of the Year, is part of a year of events planned for USI’s 50th anniversary in 2015. An estimated crowd of 2,500 filled the Physical Activities Center (PAC) for the talk.

USI President Linda L. M. Bennett introduced the speaker and announced a $40,000 gift from Bernanke to be used for scholarships at USI.

Bernanke gave a brief talk before moving into a Q&A session moderated by Dr. Karen Bonnell, USI professor of communications. He talked about his early years with the Federal Reserve and the crisis that faced the nation during those times. As chairman of the Federal Reserve System under two presidents—George W. Bush and Barack Obama—Bernanke was front and center during a tumultuous period of economic history. As chairman, he faced some of the most critical economic and financial challenges since the Great Depression, helping to lead the government’s response to the 2008-2009 financial crisis and subsequent recession.

Bernanke said he was responsible for explaining the imminent crisis to Congress, including the financial meltdowns of Lehman Brothers, global financial services firm, and AIG Insurance. He said fighting the crisis was a team effort and credited much of his success leading the country out of the recession to the creative processes, innovative approaches and direct involvement of his staff. He also talked about gaining the support of the American people. One of his early goals was opening lines of communication between the public and the Federal Reserve, including press conferences and appearances on news programs like 60 Minutes.

His overall outlook is that the economy is moving in the right direction, but said the challenge now is to maintain that growth and economic progress.

During the Q&A portion of the evening, Bonnell asked questions, many of which were submitted by USI students. Asked about his greatest contributions to the Federal Reserve, Bernanke talked about a collegial academic approach that he and others embraced. They looked deeply at the financial history of the country and then applied that knowledge to the current U.S. financial situation.

Other questions ranged from the effects of technology on the economy and a potential student loan bubble, to whether federal regulations put in place following the recession will help prevent future crises. On income and equality, Bernanke said, “What’s most important is what’s happening to those in the middle.” He said success often comes down to education level and skills. “If you’re in college, you need to finish and get those skills,” he said.

Bernanke kept the evening light-hearted at times. “It was a great pleasure,” he said, in reference to testifying before Congress 78 times. And, when asked about the how he dealt with the high levels of stress, quipped, “I still have a few stomach issues left from then.”

His talk was peppered with advice for students: “Find something you like to do, but be smart about where it can take you.” “The biggest investment you’re making is in yourself.” And, “You have to be willing to do unusual things—unorthodox things.”

Bernanke’s appearance at USI was made possible through the generous contributions of friends of the University, including: Carl Chapman, chairman, president and CEO of Vectren Corporation; Greg Donaldson, CIO and senior portfolio manager of Donaldson Capital Management; JP Engelbrecht, CEO of South Central Communications; Kevin Hammett ’90, president and CEO of Regency Properties; Mike Hull, president and senior portfolio manager of Donaldson Capital Management; Bob Jones, president and CEO of Old National Bank; Robert Koch II, chairman of Koch Enterprisis, Inc.; Tim Mahoney, instructor in economics in the Romain College of Business; Chris Melton ’72, president of Field and Main Bank; Ron Romain ’73, president and CEO of United Companies; Mark Schroeder, chairman and CEO of German American Bancorp; and Linda White, president and CEO of Deaconess Health System.

House Republican supermajority passes bill that weakens protections for Hoosier children

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      INDIANAPOLIS – Indiana House Republicans yesterday brushed aside concerns that a controversial “religious freedom” bill will make it more difficult to protect the health, welfare and safety of Hoosier children, according to State Rep. Gail Riecken (D-Evansville).

      Senate Bill 101 is designed to provide legal protections for people with strongly-held religious beliefs, but Riecken said the legislation is so vaguely written that it might end up creating more problems than it is designed to address.

That in mind, Riecken last week asked House members to pass an amendment to Senate Bill 101 that would have enabled any governmental agency to enforce any statute, ordinance, resolution or regulation that is designed to protect children. However, the House Republican supermajority rejected the proposal outright.

SB 101 was passed by the House Republican supermajority on a vote of 63-31.

“What concerns me is that if we pass this bill without some types of clarification, there will be misinterpretations that will end certain protections for our youngest, most vulnerable citizens,” Riecken said. “I worry that the protections afforded in this legislation will end up harming children in a number of different areas, simply because it will allow people to claim religious freedom to excuse conduct that might be cause for concern in a caring society.”

Riecken offered several examples where conflicts might arise.

“If the General Assembly felt it important to require certain levels of education and training for personnel in day care homes and facilities, but a religious institution running the facility or owners of a day care home did not want to take the training, they could avoid it simply by claiming the religious exemption afforded under this bill,” she continued.

“These are legitimate concerns, and they reflect the many unintended consequences that define this bill,” Riecken said.

“If we do not seriously consider these concerns now, we are going on a slippery slope that will lead to unending legal consequences. I do not believe that should be our purpose here, particularly when it comes to protecting our children.

“It is very disappointing to see those concerns tossed aside, but I remain hopeful that people will come to their senses and realize what kind of Pandora’s Box we are opening,” she concluded.

Governor Pence Statement on Senator Dan Coats’ Announcement Not to Seek Re-election

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Indianapolis – Governor Mike Pence today issued the following statement upon learning that Senator Dan Coats will not seek re-election in 2016.

“With his decision to retire from the United States Senate at the end of his current term, Senator Dan Coats will bring to a close an extraordinary career in public service marked by humility, integrity, and a commitment to principled conservative leadership. Through his long career in public service, whether it be his time in uniform, his service in the U.S. House and Senate or as our Ambassador to Germany, few Hoosiers have made a greater contribution to our state or nation in public service than Senator Dan Coats.

“While we greet this news with mixed emotions, we will always be grateful for the example, life and service of Senator Dan Coats and his family. We look forward to working with the Senator during the remainder of his term, and Karen and I wish Dan and Marsha every happiness upon his retirement.”

Spring offers you a fresh start

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Springtime signifies new life, a new beginning, a chance to start fresh and over again.  We can all use a rebirth every now and then.  It’s an opportunity to rid our lives of burden and stress – maybe even people.  One of my good friends has always told me that he separates himself from negative people or people who constantly bring him down.  That’s actually great advice, as life is just too short to associate with those who don’t share your passion and energy for life or those who don’t believe in you.  And, my friend who follows this creed is always upbeat and happy.  He has a gift for making those around him happy.  In fact, his motto is “Life is good!”

 And, despite the daily struggles we all face, life is good.  And, I’m choosing to take my buddy’s advice and celebrate the life I’ve been blessed with this Spring.  My family at home will celebrate my beautiful wife’s 35th birthday on April 2nd and our amazingly adorable daughter’s 3rd birthday on April 17th.  Our daughter is definitely our most important blessing in life!

My St. Mary’s Family will continue to celebrate you, our generous friends and donors, who continue to bless us with your gifts of time, treasure and talents.  Thank you for choosing to Make A Difference by serving and supporting our Mission and Ministry!

I wish you all a Happy Easter and a Happy New Beginning!

 

Blessings during our Lord’s Resurrection,

Rick's Signature

Rick Peltier
Director, St. Mary’s Health Foundation

Bill to empower Hoosier parents passes the Senate

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STATEHOUSE – State Representative Ron Bacon (R-Chandler) authored a bill to help parents gain access to important information when dealing with a prenatal diagnosis. The bill passed out of the Indiana Senate on Tuesday by a vote of 48-2.

House Bill (HB) 1093 requires the Indiana State Department of Health (ISDH) to collect certain information regarding the prenatal diagnosis of Down syndrome and any other prenatally diagnosed condition. This information will then be disseminated by health facilities and health care providers to parents who receive a prenatal diagnosis for one of these conditions.

“My goal in authoring this legislation is to empower parents with the information they need and deserve regarding the health and wellbeing of their child,” said Rep. Bacon. “While this already occurs at many large hospitals, including Deaconess Women’s Hospital and St. Mary’s Medical Center, many smaller hospitals simply do not have their own materials to distribute. This bill will ensure that parents across the state will receive consistent information no matter which healthcare provider they chose to visit.”

The information distributed by ISDH must include a brief description as well as contact information for state and local advocacy organizations that advocate for people with intellectual and other developmental disabilities. This bill not only requires ISDH to approve and compile the information, but also make it available online for immediate access upon diagnosis.

“I am proud to be a part of this and believe it is the least we can do for our Hoosier parents so that they, not the doctors, are able to make the most informed decisions for their family,” said Rep. Bacon.

For more information on HB 1093, please visit iga.in.gov.

IS IT TRUE MARCH 25, 2015

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IS IT TRUE that the City of Evansville towing contract is scheduled to be awarded today?  …we expect to hear a great deal of discussion concerning lot condition and size, available storage, number of trucks available, qualifications of staff, number of minority employed and reputation of companies?  …we would  like to know why the mayor allowed a mother and her daughter serve on the Safety Board and the on the  Towing contract review committee at the same time? …we also are expecting the Safety  Board to ask pointed questions about the Shaggy Towing contract with Tri-State Towing?

IS IT TRUE that the Mayor is going to this attend this coming City Council meeting to discuss the new Downtown Hotel?

IS IT TRUE that we are proud to be hosting the NCAA Division II Elite Eight and we welcome the teams, players, coaches, staff, NCAA Staff and officials the thousands of guests that are arriving for this outstanding event? … tickets are available and we encourage the community to participate in this tremendous event?

IS IT TRUE that Mayor Winnecke proudly proclaimed one of his accomplishments was clean audit opinions from the Indiana State Board of Accounts?  …on February 13th, the State Board of Accounts posted the audit results of the Water & Sewer Utility Department for 2013, fourteen months after the Utility’s year end? …the State Board’s finding were the Utility is cash SHORT by $395,000?  …the State Board discovers again the Winnecke administration still can not properly perform bank reconciliations? …we wonder when they will inform the public of the whereabouts of our money?  ….perhaps the financial officers of the city will be coming forth to reimbursement us for the loss in accordance with the Indiana Statutes?

IS IT TRUE that each and everyday our General Fund spends over $215,000?  …at the start of the first day of January 1, 2015 the General Fund only had $300,000 and by 10 a.m. on January 2, 2015 the fund was broke?  …the next property tax installment will NOT be received until June of 2015 and the General Fund is NEGATIVE by nearly $9 MILLION as of January 31st?

IS IT TRUE our sister Indiana city, South Bend with nearly 25% of its property tax exempt ( because of Notre Dame and St Mary’s college) has nearly $29 MILLION in their General Fund.?  …their cost per citizen is $167 per citizen LESS than Evansville? …you would expect this kind of results because their Mayor is a Harvard School of Business Graduate with a degree in Finance and a postgraduate as a Rhodes Scholar in Oxford, England?

IS IT TRUE that our Mayor proclaims that we are in great financial condition while the operational funds of the city have been over spent by $7,556,000 in 2014?  …the CCO refers its readers to the operational funds of the Water and Sewer Utility?  …those funds have been over spent by nearly $3 million in 2014?  … the property tax General Fund (the primary account) was overspent by $7,556,000?

IS IT TRUE that this Mayor is long on proclamations but SHORT on performance?  …some of our many disappointments. are-Earthcare., Johnson Controls water meter project,  McCurdy Hotel and, the grand pappy of them all, the new downtown Motel proposal?

IS IT TRUE since 2005, the Evansville Police Department have hired 126 officers?
…the 126 officers came from the following areas?
77 officers were from Evansville.

24 officers were from the Tri-County area (Gibson, Posey, Warrick).

13 officers were from Indiana outside the Tri-County area.

12 officers were from outside the State of Indiana.

IS IT TRUE that we also ask the Evansville Police Department how many males vs. females and how many African Americans and Latinos were hired?

Again, the CCO wants to stress, we will take down anything rude or defaming anyone. Please feel free to comment informative information only.

We thank you for your support and look forward to bringing you the news in a way that not only brings you into the discussion but makes you feel compelled to participate. The CCO is alive and well and remains your community watchdog.

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.

EPD Activity Report

Early College High School Students Qualify for State History Competition

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Thirty students in the EVSC’s Early College High School qualified this weekend to compete at the Indiana State National History Day competition in Indianapolis in April. As part of the contest, students create research-based projects in one of four categories – exhibit, website, documentary, and performance.

 

Students competing in the Exhibit category create a display showcasing their research. Website competitors create an interactive historical website and Documentary competitors create a 10 minute documentary about their subject.  Students competing in the Performance category write and perform a 10 minute play about their topic.

 

The following students qualified at this past weekend’s Southwest Indiana Regional National History Day Contest and will compete at the state level:

 

Group Exhibit:

  • Roy Botello, Tom Fulkerson, Sam Feury, Austin Rainey, 1stplace, “Gen. MacArthur”
  • Matt Fulkerson, Devyn Gordon, 2ndplace, “IBM”
  • Deana Phelps, Aaron Eddmenson, Jared Aman, Honorable Mention, “Cornfield Shipyard”
  • Lauren Parker, McKaila Parker, Miranda Harper, Honorable Mention, “Steve Jobs: Pushing Forward”

Individual Exhibit:

  • Jordan Toney, 1stplace, “National Association of Colored Women”
  • Sarah Tabor, 2ndplace, “A Dream Realized”
  • Jennifer Toney, Honorable Mention, “The Lilly Ledbetter Fair Pay Act”

Group Website:

  • Lindsey Parker, Cheyenne Seyferth, 1stplace, “Parris and the Witch Trials”

Individual Website:

  • Sarah Greenwell, 1stplace, “John Lennon”

Group Performance:

  • Destinee Baxter, Courtney Forney, Samantha Pullman, 1stplace, “The Berlin Wall”
  • Taylor Pate, Devyn Haas, 2ndplace, “The Story of Zack Sobitech”

Group Documentary:

  • Lauren Williams, Elizabeth Ford, Alexia Chism, 1stplace, “A Kitty Wells Documentary”
  • Megan Croxton, Victoria Krug, 2ndplace, “Gallaudet”
  • Brandan Fark, Mary Blythe, “Harvey Milk”