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IS IT TRUE February 26, 2015

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IS IT TRUE my name is Joe Wallace and I am a truthaholic?…most of my career prior to attempting to make Evansville a home was spent as an entrepreneur and controls system engineer in Silicon Valley based businesses?…the foundation of controls systems is known as a negative feedback loop designed to detect how far one is from a goal and correct for that error as fast as possible?…the only way to accurately improve electronic devices, youth sports teams, the economy, or even local government is through honest and accurate assessment of where a situation is with respect to a goal and applying corrective measures in a stable way to correct for the errors keeping one’s goal from being attained?…any system without the benefit of negative feedback is inherently unstable so the City County Observer became a natural outlet for me to apply those skills in hopes of seeing Evansville, Indiana improve its performance in the world economy?

IS IT TRUE my name is Joe Wallace and I love Ron Cosby like a brother?…as many of you know but some of you do not fully understand, I also love greater Evansville and have spent much time crafting words in this column for the purpose of seeing Evansville become a better place through pointing out areas that need improvement?…I am especially fond of the University of Evansville, where I gained the educational platform that enabled me to be accepted into the graduate school of engineering at Stanford University, which was and is the #1 mechanical engineering program in the world?…settling for mediocrity has never been in this writer’s vocabulary and it never will be?…to see choices that compromise a chance for long-term excellence to coddle cronies and pursue short-term pleasures by local governance has been something that just drives me crazy?

IS IT TRUE my name is Joe Wallace and I was the founder of GAGE which was founded to create an atmosphere of excellence in which entrepreneurs could have a little piece of Silicon Valley in downtown Evansville?…at the time of the founding this was the dream job of my life with the opportunity to give back to a place and people who I love through the same economic transformation that I had experienced in my own life in my first stint in California?…within months of taking on that challenge, I learned that the words of some local government officials were not worth spit?…in spite of carefully getting commitments written into the minutes of meetings so there was an audit trail of commitment for things like a business loan fund, the Crane technology transfer agreement, and an angel network, those words of commitment were broken in a most deceitful way?…the short term “feel good” needs of the day in the form of the Freedom Festival destroyed the GAGE that was designed for entrepreneurship?…that is what lead to my departure from what I once thought was a dream job?…it is also what drove me to the opportunity to continue to try to do some good through writing for the CCO?

IS IT TRUE my name is Joe Wallace and I am now forever a Californian?…the dreams that I had for Evansville are being realized and recognized in Palm Springs, California?…with full financial support for the Innovation Hub our programs have created created 30 companies with a combined value of over $100 Million in just three years?…the direct job creation numbers are now at 123 (real jobs with names and not projections from a nonsense algorithm) and a world renowned economist has projected our 20 year economic impact to be over $12 Billion?…we have been honored with the Spirit of Entrepreneurship Award, the Clean Air Award, and are now a finalist for the Ernst & Young Entrepreneur of the Year award for 2015?…there is not a day that goes by that I do not wonder what could have been in Evansville, if the cabal called local government had the courage to think long term and stay the course?

IS IT TRUE my name is Joe Wallace and one of the things that I fought for as a private citizen in Evansville was a comprehensive smoking ban just like the one passed in California in 1988?…your elected officials have failed to do so and even prioritized what is in the big picture a paltry sum of money over public health with that failure?…I have always supported the freedom of people to marry who they choose and more than half the country now has yet your state legislature has not taken the initiative to grant what should be a fundamental right to the LGBT community?…I have furthermore always supported a woman’s right to choose what to do with her own body?…despite these long term beliefs, some people still call me a right winger because I do not believe in forcing one person to pay for the wants of another?…I have found my place in California, which believe it or not after years of letting emotions dictate policy is now coming to grips with financial reality and becoming more practical with money?…I think Indiana can get it right the first time if you can elect both local and state officials who have the good sense to grant fundamental rights as they should be granted and the financial acumen to stay away from robbing one citizen to pay for the wants of another?…I shall be watching but seriously doubt that there is much fight left in River City to pursue things that require taking much personal risk?

IS IT TRUE my name is Joe Wallace and this is my last CCO IS IT TRUE column…it has been a privilege to have played a role in   the CCO’s founder’s dream and I shall miss awakening at 5 am to put together a series of words to send a message to the people of Evansville?…I am proud to have assisted with the analysis and the words that have saved the taxpayers of Evansville so much money?…in spite of that I am feeling melancholy about seeing this column  possibly going dark…the end of IS IT TRUE will create a vacuum and I hope it is filled by someone with a pure objective and not with political malfeasance?…I wish all of those who have supported or even honestly criticized my words well and encourage you to keep up the fight for positive growth and rational thinking?…I look forward to your comments?…my private email is jjw0729@aol.com if any of you should wish to send a private message?…if you happen to see me in town this weekend feel free to come up and say hello?

REFRESHING RULING AGAINST AMNESTY

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Rick McKee / Augusta Chronicle

By David Bossie

A federal court stopped President Obama’s amnesty order dead in its tracks on Tuesday, agreeing with a majority of the states that it is patently unconstitutional for a president to simply declare that he won’t enforce laws he doesn’t like. 

The court put an immediate hold on Obama’s amnesty, saying that the states would suffer “irreparable harm” if millions of illegals were granted legal status by Obama. Judge Andrew Hanen said that “the genie would be impossible to put back in the bottle” if Obama’s amnesty were allowed to be fully implemented. 

The judge’s ruling came down in the nick of time, as illegal immigrants were set to start applying for amnesty this week. 

It is refreshing to see that there are federal judges committed to rising above political noise by defending the Constitution and the rule of law. As was recognized in the order, President Obama has usurped his authority and decided to violate the Constitution by granting amnesty to illegal immigrants despite Congress refusing to change the law. 

In our system of government, it is the Legislative Branch that makes the law and the Executive Branch that enforces them. No president is empowered to make their own law just because they happen to disagree with certain language in our books of law that doesn’t fit in with their dangerous liberal agenda. 

Liberals have been trying for years to get amnesty passed. Time and time again conservatives have stopped them, insisting that the federal government needs to enforce our existing immigrations laws and do its constitutional duty by securing the border. 

Now, President Obama thinks he no longer has to respect the Democratic process and can simply grant amnesty all by himself.  If this week’s court case is any guide, there’s hope that more federal judges will disagree with him.  Grassroots conservatives across the country and Republicans in Congress must take this ruling as an opportunity to fight Obama tooth and nail to prevent him from destroying the Constitution and establishing an undemocratic regime of never-ending presidential power grabs. 

An executive with unchecked power was the very thing the Founding Fathers fought against.  If Congressional Republicans do not stand up and fight there’s no telling what Obama could do next.   We should all be very concerned.

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

VANDERBURGH COUNTY FELONY CHARGES

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

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Monday, February 23, 2015

Lachrista Cooper                   Operating a Vehicle as an Habitual Traffic Violator-Level 6 Felony

Heather Grigsby                    Assisting a Criminal-Level 6 Felony

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a 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/jail-recent-booking-records.aspx

St. Mary’s Health Cardiology Receives Echocardiography Accreditation

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St. Mary’s Health Cardiology has been granted a three-year term of accreditation in Echocardiography in the area of Adult Transthoracic by the Intersocietal Accreditation Commission (IAC). Accreditation by the IAC means that St. Mary’s Health Cardiology has undergone a thorough review of its operational and technical components by a panel of experts. The IAC grants accreditation only to those facilities that are found to be providing quality patient care, in compliance with national standards through a comprehensive application process including detailed case study review.

Cardiovascular diseases are the No. 1 cause of death in the United States. On average, one American dies every 39 seconds of cardiovascular disease – disorders of the heart and blood vessels. The American Heart Association estimates that the direct and indirect cost for cardiovascular disease in the U.S. for 2010 was $503.2 billion. Early detection of life threatening heart disorders and other diseases is possible through the use of Echocardiography procedures performed within hospitals, outpatient centers and physicians’ offices. While these tests are helpful, there are many facets that contribute to an accurate diagnosis based on Echocardiography testing. The skill of the Echocardiography sonographer performing the examination, the type of equipment used, the background and knowledge of the interpreting physician and quality assurance measures are each critical to quality patient testing.

IAC accreditation is a “seal of approval” that patients can rely on as an indication that the facility has been carefully critiqued on all aspects of its operations considered relevant by medical experts in the field of Echocardiography. When scheduled for an Echocardiography procedure, patients are encouraged to inquire as to the accreditation status of the facility where their examination will be performed and can learn more by visiting www.intersocietal.org/echo/main/patients.htm.

IAC accreditation is widely respected within the medical community, as illustrated by the support of the national medical societies related to Echocardiography, which include physicians and sonographers. Echocardiography accreditation is required in some states and regions by the Centers for Medicare and Medicaid Services (CMS) and by some private insurers. However, patients should remain vigilant in making sure that their Echocardiography procedures are performed within accredited facilities, because for many facilities accreditation remains a voluntary process.

RIECKEN: NEEDS OF CHILDREN AT RISK NOT SERVED WELL BY HOUSE GOP BUDGET

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INDIANAPOLIS – State Rep. Gail Riecken (D-Evansville) today issued the following statement after voting against House Bill 1001, the biennial state budget proposal authored by Indiana House Republicans:

“There are many things wrong with the proposed state budget – including a funding formula that shortchanges so many schools around Indiana – but I am particularly disturbed at the way it pays less attention to the needs of our children, particularly those who are at risk.

“For several months now, we have heard about the staffing problems at the state’s Department of Child Services (DCS), the folks who are on the front line in stopping abuse and neglect of our youngest Hoosiers. Putting it bluntly, the agency needs another 75 case managers, and the people in charge don’t see a need to hire them. This budget agrees with those sentiments, and our efforts to provide money for the additional case managers were rejected by the House Republicans.

“It’s also very disappointing to see that this budget does nothing to provide more funding for our state’s guardian ad litem program. These selfless people serve as the voice in court for abused, neglected, and abandoned children, and I worry that staffing will not be there for children in their greatest time of need.

“Most of all, I was sad to see that there was no recognition of the growing role that grandparents play in raising their grandchildren. My proposal would have been to provide grandparents with a tax credit to help them meet the expenses that come with their expanded role in care. This would have helped grandparents who provide more than half the support for their grandchildren.

“In all of these instances, the proposals found no traction among the House supermajority. They opposed them with little or no debate.

“There has been progress made in addressing the problems that plagued DCS just a few years ago. There does seem to be a renewed commitment toward helping this agency meet its difficult charge and keep us from compiling statistics in protecting children that make us a national embarrassment.

“But the process of writing a new state budget affords us the chance to put some actions behind the words, and I am very concerned that we do not seem to place as high a priority on helping DCS as maintaining a healthy state surplus.

“I know we still have a couple of months to go in this session, and the Indiana Senate has yet to outline its budget priorities. I place great trust in the efforts of  people like State Sen. Vaneta Becker (R-Evansville), who have proven track records of caring about our kids.

“But I must tell you that the budget passed today by the Indiana House supermajority does not cause me to think we are out of the woods yet.”

 

Lease doesn’t bar dentist’s slip-and-fall suit against landlord

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Dave Stafford for www.theindianalawyer.com

A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.

Landowner Meridian North Investments was denied summary judgment by the trial court and challenged that ruling in an interlocutory appeal. Meridian North claimed that because dentist Anoop Sondhi signed a lease for his practice that contained an exculpatory non-liability clause, he could not sue.

“No Indiana case has directly addressed a situation such as the one here,” Judge Michael Barnes wrote for the panel. “New York, however, follows Indiana’s rule regarding the unenforceability of lease exculpatory clauses against third parties; that state’s highest court did, some time ago, address a situation very similar to this one in Griffen v. Manice, 59 N.E. 925 (N.Y. 1901).”

That case involved a corporation secretary who signed a lease containing an exculpatory clause that the building owner sought to enforce after the secretary died in an elevator crash. Along with the Griffen case, the panel also cited Indiana Supreme Court jurisprudence holding, “A person cannot limit his or her tort law duty to third parties by contract.”

Because Sondhi signed the lease in his capacity as a principal of Sondhi-Biggs Orthodontics P.C., he individually was a third party to the lease, the court ruled in Meridian North Investments LP v. Anoop Sondhi DDS, MS, 49A02-1405-PL-311.

“What Meridian North’s argument boils down to is that Dr. Sondhi and Sondhi-Biggs are interchangeable because Sondhi-Biggs is a small professional corporation for Dr. Sondhi’s practice of orthodontics that Dr. Sondhi founded, that bears Dr. Sondhi’s name, and of which Dr. Sondhi is president,” Barnes wrote.

“If we accepted this argument, the corporate form of numerous professional corporations in this state, such as medical and legal practices, could and would be ignored routinely. That is not a tenable result, and it is contrary to the laws providing for the creation of such corporations and their recognition as legal entities separate from their creators, shareholders, and officers.”

Accountability Hearing at EVSC Wednesday Morning

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The State Board of Education approved initial rule language for A-F Accountability on January 7, 2015. The rule language will now be presented to stakeholders through public hearings and website display to allow for public comment. Public hearings are scheduled as follows:

  • February 25, 2015, at 9:00 a.m., at the Evansville Vanderburgh School Corporation, Administrative Building, Board Room, 951 Walnut Street, Evansville, Indiana, 47713
  • February 26, 2015, at 9:00 a.m., at Marion High School, Board Room #4-4, 750 West 26th Street, Marion, Indiana, 46953
  • February 27, 2015, at 9:00 a.m., at the Indiana Government Center South Building, Conference Room C, 302 West Washington Street, Indianapolis, Indiana, 46204.

Public comments may be submitted to the Board until close of business on March 13, 2015.

For rulemaking information including submission of public comment, please see the School Performance Categories topic on the Board’s rulemaking docket page at http://www.in.gov/sboe/2406.htm(link is external).

Additional information and supporting materials may be viewed at http://www.doe.in.gov/accountability/f-accountability