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EPD Activity Report December 21, 2014
Fired IDEM employee entitled to unemployment benefits
Jennifer Nelson for www.theindianalawyer.com
The Indiana Court of Appeals found a 25-year state employee did not breach a duty reasonably owed to her employer when she failed to meet monthly quotas because she thoroughly reviewed cases instead of quickly approving expenses.
The appeals court ruled Friday that the review board of the Indiana Department of Workforce Development erred when it denied Suzanne E. Esserman’s claim for unemployment benefits after finding she was discharged for just cause. Esserman worked for the Indiana Department of Environmental Management from February 1989 until her employment was terminated in January 2014. When she was fired, she was a senior environmental manager 1 within the Excess Liability Trust Fund section, which reviewed claims submitted by owners and operators who had underground storage tanks that required remediation and cleanup. The ELTF program reimbursed for specific costs incurred in those cleanups.
Beginning in June 2013, IDEM instituted quota requirements for employees. For several months, Esserman did not meet her quota because she performed in-depth reviews of files and found other employees signed off on overcharges. She believed it was important to save the department money, but the department instead fired her for failure to meet work expectations.
Esserman sought unemployment benefits, but a deputy from the DWD, an administrative law judge, and the review board all found that IDEM terminated her for just cause.
“We note that there will always be a balance between efficiency and thoroughness in administering programs such as the ELTF program. Nevertheless, in addition to controlling administrative costs, it is in the interest of Employer to limit improper distributions for cleanup costs by ensuring that claims are processed accurately and that substantial overpayments exhausting limited resources are not authorized by reviewers and quality control reviewers,†Judge Elaine Brown wrote in Suzanne E. Esserman v. Review Board of the Indiana Department of Workforce Development, and Indiana Department of Environmental Management, 93A02-1406-EX-441.
The judges also noted that many of the months Esserman didn’t meet her quotas were when she was out on medical leave of absence.
“Additionally, we cannot say that a reasonable employee would understand that attempting to process claims accurately leading to possibly significant savings to the ELTF, and especially considering that the employee would have been held responsible for inaccurate payments of claims or held liable or discharged for knowingly authorizing overpayments, would be considered a violation of a duty reasonably owed to Employer for the purpose of being ineligible for unemployment benefits,†Brown continued.
IDEM did not meet its burden of establishing Esserman breached a duty reasonably owed to it. She is entitled to benefits under her claim.
Discover Peru with USI’s Alumni Association
The University of Southern Indiana alumni, their families and others are invited to explore some of the world’s greatest ancient sites next spring in a trip to “Peru: Ancient Land of Mysteries.†The 10-day trip, offered through the USI Alumni Association, is set for May 16-25, 2015, and offers an optional five-day, four-night Peruvian Amazon post tour extension. Registration is now open to the public.
The expedition includes round-trip air transportation to Lima, Peru, where the group will be immersed in the archeological treasures Peru offers: Machu Picchu, the “Lost City of the Incas,†the historic city center (a UNESCO World Heritage site) and the Sacred Valley of the Incas.
Other highlights include arriving at Machu Picchu via the famed Vistadome train, exploring San Francisco Monastery, visiting Pisac Market, investigating Ollantaytambo Ruins, enjoying an exclusive culinary demonstration at the base of Machu Picchu, relaxing at Lake Titicaca and much more.
The Peru tour, booked through Lifestyle Tours, will depart from Evansville Regional Airport. The trip includes 14 meals: nine breakfasts and five dinners. Rates are: single/$5,549; double/$4,849; triple $4,819.
For more information call USI Alumni and Volunteer Services at 812-464-1924 or contact Tracy Wilson or Ken Meyer with Lifestyle Tours at 812-682-4477 or tracylifestyletours@gmail.com. Space is limited.
Rewarding Indiana’s outstanding educators
We all remember that one educator who had a profound impact on our lives. Usually, they are the ones who believed in us the most and went the extra mile to make us believe in ourselves. For me, it was the priest superintendent at my high school who went out of his way to give Deaconess Hospital my name when they began asking around town for referrals for their respiratory therapy program. Much to my surprise, I was selected into the program, and the rest is history!
Our years spent in the classroom are some of the most formative years of our lives. Although the ultimate responsibility of raising a child falls upon the parent, we cannot ignore the important role that teachers play in molding our youth to become successful later in life.
With the start of session quickly approaching, on Jan. 6th, you will be hearing a lot about the budget, which impacts nearly every aspect of our state, especially education. Every two years, the Legislature is tasked with creating the state’s biennial budget, and it is important to understand how the budget impacts our education system.
In 2013, the last time we passed a budget, a total of $30 million was allocated as teacher performance grants. This money was recently awarded to qualifying schools based on a combination of ISTEP+ and End-of-Course Assessment passing rates per pupil as well as graduation rates per pupil. But ultimately, this money goes to the teachers.
For the first time in Indiana history, grants were presented, as a bonus, to teachers rated either effective or highly effective under Indiana’s teacher evaluation system for the 2013-14 academic year. In our community, two school corporations have been awarded grants. South Spencer County School Corporation received $51,019 and Warrick County School Corporation received $460,294.
I am so pleased that the wonderful teachers in our communities are getting the “thank you†they deserve, and it is my hope that this is just the beginning. While these grants are a great step in the right direction, our support for teachers will not end here. That is why I am excited to share with you that as part of our education agenda this session, we wish to provide teachers with a tax credit for classroom supplies that they purchase out of their own pockets.
It is extremely important that we support these teachers as they selflessly support our students. Many of them work well past normal school hours to give students extra help with their studies. Often times, they also take their work home with them while taking care and spending time with their family.
With education funding making up over half of our budget, education remains a top priority, but also one that we need input on. Throughout session, House Speaker Brian Bosma will be calling on a group of teachers to offer thoughts and opinions on how best to bring excellence, innovation and creativity to every Hoosier classroom and for every Hoosier student. I, too, welcome input from both teachers and parents and hope that you will reach out to me this session with your thoughtful advice on how to continue to improve Indiana’s education system. I can be reached by phone at 317-232-9833 or by email at h75@iga.in.gov.
Hunden Study on Downtown Hotel
For those of you who are interested to comb through it here is the Hunden Study that was originally supposed to cost $40,000 but ended up costing the taxpayers of Evansville $105,000.
IS IT TRUE Weekend Special Hotel Edition “the Ball Field Money Could Have Saved The Hotel”
IS IT TRUE that several years ago during the $20 Million ball fields at Roberts fiasco, the City County Observer opined that a downtown convention hotel should be a higher priority than any ball fields anywhere?…we even suggested that the $20 Million could be used as an investment in a downtown hotel that would clearly fit the requirement for room taxes of “bricks and mortar to help tourism?”…it must be pointed out that if wiser heads had prevailed and that money had been sequestered, Old National Bank’s reality moment on the value of the naming rights for The Centre would not have derailed this project?…the zeal to build something-anything, so long as dirt is flying has removed a viable Plan B for funding a downtown hotel?
IS IT TRUE to see the Director of the Convention and Visitors Bureau all sad eyed on mainstream media talking about the $11 Million a year that is lost by not having a convention hotel is comedic irony?…he is the guy who pulled the trigger on the ball fields project that consumed the dollars that could have filled the $6.5 Million gap in financing that is now ruining the martini crowd’s Christmas?…this is just another example of living for today without a plan in sight and without a care in the world other than the next staged media event?…it really does take insight to have suggested the hotel taxes as a backup funding source for a hotel 4 years ago?…we guess such insight and planning is above the pay grade of the Mayor of Evansville and his build fun and games at all cost minions?
Vanderburgh County Recent Booking Records
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http://www.vanderburghsheriff.com/recent-booking-records.aspx
EPD Activity Report December 20,2014
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ERSATZ WAR By Jim Redwine
Gavel Gamut
By Jim Redwine
ERSATZ WAR
Sony produced a tasteless film whose plot was the assassination of the President of North Korea, Kim Jong Un. They billed it as a comedy. I say hooray for Sony! Assassination by movie is certainly better than assassination by drones. With a movie, not only are there no innocent bystanders killed, there isn’t anyone killed. The same is true of North Korea’s response to the movie; hack, don’t attack.
For thousands of years humans have dreamed of the end of war. Now, thanks to Sony and the hackers in North Korea, who prophetically call themselves “The Guardians of Peaceâ€, we have a way to have a war without death and destruction. No longer need a country send its soldiers off to war with the mission to “kill and break†things. The new mission can be to kill hypothetically and die without bloodshed.
Many societies have tried to limit warfare, such as jousting by one king’s champion against another king’s champion. Even the Hebrews and Philistines held conflict to a match between David and Goliath.
But Sony and North Korea have finally perfected the age-old dream.
Of course, all any country cares about in any war is winning. As General Douglas MacArthur said, “In war, there is no substitute for victoryâ€.
As a patriotic American I assert we have the capacity to win every battle in this new cyber warfare. When I am driving I see practically every other driver doing what I am normally doing, talking on a cell phone.
And when it comes to texting, American teenagers must be on the cutting edge of wonder weapons such as iPhones. I have seen many of our teenagers texting one another when standing side by side.
I say to the hackers of North Korea and every other potential belligerent: be careful, American thumbs are lethal.
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Pet of the Week
Peppa is a 1-year-old female brown tabby! She’s a friendly & social girl who never makes much fuss in the Cat Lounge, waiting on a home since March… longer than ALL the other cats in the entire shelter. She also gets along well with other felines, and even does very well riding in the car! Take petite little Peppa home for only $30 (includes spay, microchip, vaccines, feline leukemia test, and more!) Visit www.vhslifesaver.org to download an adoption application!