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IS IT TRUE October 31, 2014

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IS IT TRUE we urge you to vote in todays “Readers Poll’ because it has to do with a very important political race that could change the direction of the school board for the next 4 years?

IS IT TRUE some Civic Center Moles have advised the City County Observer that during our record setting Mole Awards Celebration that Steve Schaefer, the Chief of Staff for Mayor Winnecke had a spy or two of his own in the room to see just who chose to attend?…it seems that Mr. Schafer must have been instructed by his boss to go into attack dog mode for his master to find out just who may be hanging out with the enemy?…the Winnecke Administration had better not take any retribution against anyone who attended the event or they can add Oppression of First Amendment rights to their Sunshine Law violations and behind closed door dealings?…for a person who ran for office on a platform that included transparency and collaboration, keeping a list of who is naughty and nice and dispatching spies is a stark departure from what the man ran on?

IS IT TRUE that City Councilman Conor O’Daniel who chairs the Finance Committee has been showing the kind of analytical judgement and courage of conviction that will be needed by a future Mayor of Evansville to clean the messes that 60 years of fun and games have wrought upon us?…once O’Daniel recognized the extent to which the FANTASYLAND BUDGETS of the past have depleted our reserves! he has stuck to his conclusions with a confidence not seen in these parts for years?…we see an opportunity for a Future Mayor O’Daniel in Evansville even if he decides against running in 2015?…whoever becomes the next Mayor of Evansville even if it is Lloyd Winnecke for a second term will be facing the music of reduced revenues and increased expenses?…if you think the bond payments for the Ford Center are crushing the budget, just wait until the $20 Million hotel handout and the $57 Million greasing for the IU Medical School kick in?

IS IT TRUE there is one relatively easy way for the City of Evansville to add to its revenues and it has nothing to do with fun and games nonsense?…the low hanging in fruit is that siren’s song called ANNEXATION?…the City did this during Weinzapfel’s last term and still has not fulfilled the promises made to those annexed with respect to street lights and non-flammable mulch?…the population increase from 117,000 to 120,000 was entirely from this ANNEXATION?…the revenue increases are also from that ANNEXATION?…it just serves to assume that Winnecke learned from Weinzapfel and will move as quickly as possible to do some more ANNEXING to bolster the sagging city coffers?…this is a slow motion way to reverse the 2:1 vote against consolidation and to get CORE back for blunting his efforts to bail out the failed City of Evansville at the expense of the more successful unincorporated areas of Vanderburgh County?…this word to the wise should be heeded with diligence as the desire to ANNEX will only be squashed by eliminating that possibility?

IS IT TRUE the CCO is sad to learn that the Blue Angels air show that was scheduled for the 2015 Freedom Festival has been cancelled?…we were fully aware that the cost to bring the Blue Angels to town was nearly $200,000 and that the people of Evansville pitched a fit several years ago over the price of a Freedom Festival button being increased above $5?…bringing such a show to town is not an entitlement and until the people of Evansville can get a grip on a $20 button there will be no Blue Angels?…the same goes for bringing million dollar acts to the Ford Center when ticket prices would have to average well over $100 per person?…the only solution to this dilemma is a vibrant economy with jobs paying well over $50,000 per year?…putting the cart before the horse with borrowed money for an underutilized Ford Center has not done a thing to alleviate the low wage, low skills problem that Evansville is in?…there may be a day on the horizon that we are too poor to have 4th of July fireworks too?

BREAKING NEWS: Committee Recommends Land-Based Casinos, Live Dealers At Horse Tracks

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Riverboat gambling operations would be allowed to rebuild on land and horse track casinos could use live dealers for table games under a recommendation approved Thursday by a legislative study committee.

But the proposal – approved unanimously – would not allow horse track casinos in Anderson and Shelbyville to add more table games to their operations for at least two years. Instead, it would only let them replace their digital dealers with people.

Rep. Terri Austin, D-Anderson, said the proposal is like requiring those casinos to operate with one hand tied behind their backs. “Their ability to be competitive and to sustain themselves is going to be based on the ability to change as market conditions change,” she said.

But Democratic Sen. Tim Lanane of Anderson called the recommendation “a very reasoned approach.”

The legislative package – which is meant to help all Indiana casinos battle out-of-state competition – will be considered during the 2015 legislative session, which begins in earnest in January.

Public Policy Study Committee Chairman Tom Dermody, R-LaPorte, said firmly that the legislative package does not represent an expansion of gambling. Supporters have been nuanced in their descriptions of their casino proposals as they seek to avoid a contentious debate with Gov. Mike Pence and conservative lawmakers, who oppose any gambling expansion.

The recommendations mean riverboats could only rebuild on adjacent land they already own or lease, not in new locations that might be more accessible – although the new casinos could be larger and have more gambling stations. And the track-based casinos would have to wait two years before asking the Indiana Gaming Commission to let them add more games.

Sen. Carlin Yoder, R-Middlebury, said the proposal to let horse track casinos “go from electronic to live dealers is common sense” but letting them add more table games would be a different issue. “If we’re going to allow them to just expand, we’ll run into a lot of trouble with the General Assembly,” Yoder said.

It’s not clear, though, how Pence would view the proposals. His press secretary, Kara Books, said it’s “premature for us to comment at this point in time.”

Still, Dermody said the proposals are meant to be “more than a Band-Aid.” He said the committee is seeking to give the casinos “some true reform they can run with so they’re not back here in another year” looking for additional help.

Indiana’s 13 casinos – 10 on water along the state’s borders and three on land in more central regions – have been wracked by competition from new gambling operations in Ohio, native American casinos in Michigan and additional wagering options in Illinois.

Now, the Pokagon Band of Potawatomi Indians is seeking federal approval to acquire land in South Bend to locate its own casino, one that would have no regulation by the state unless the tribe allowed it voluntarily.

Casino managers say they need help to survive and continue pumping some $400 million into the state’s coffers – tax revenue that has dropped by roughly one third in the past few years.

Mike Smith, president of the Casino Association of Indiana, called the legislative recommendations approved Thursday “a good start.”

“From an industry standpoint, it sure shows some movement,” Smith said. “We’re going in the right direction.

“The industry is facing some uphill climbs and like any other business they want us to be competitive and continue to be strong partners in Indiana’s economic development, providing good jobs and opportunities for the communities we serve and the state,” he said.

The recommendations include a proposal to replace the casino admissions tax – $3 at riverboat casinos and $4 at horse track casinos – with another gambling tax. That money now goes largely to local governments and problem gambling treatment programs and committee members said the tax needs to be replaced to ensure that funding continues.

“We’ll have a lot of grief if we don’t look at ways to replenish the local revenues,” said Sen. Jim Arnold, D-LaPorte. “I know the cities and towns and counties are going to be screaming and yelling.”

The committee also recommended tax incentives to encourage casinos to invest in new casinos, hotels or other improvements. But the group’s final report doesn’t specify how big the tax break would be or how it would be administered.

Lawmakers also proposed extending a tax break casinos currently receive for so-called “free play,” a marketing tool to lure gamblers by offering them vouchers for slot machines. The tax break is currently scheduled to expire next year.

The committee also recommended that the state do more financially to help support the French Lick Resort in Orange County, which includes a casino and two historic hotels. The gambling operation is among the smallest in the state and is expected to be hurt by land-based gambling along the Ohio River and live table games in Anderson and Shelbyville.

Dermody said the key is for the state to find other ways to assist the resort and surrounding community. But the committee report was not specific about how that could be done.

“This facility is a destination point that Indiana should be proud of,” Dermody said. “This cannot be swept aside… It’s more important than gambling.”

Lesley Weidenbener is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Secretary of state candidates battle over voting issues

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By Hannah Troyer
TheStatehouseFile.com

INDIANAPOLIS – Democrat Beth White is banking that Hoosiers are ready for a change as she fights to unseat Republican Connie Lawson from the secretary of state’s office.

Secretary of State Connie Lawson is asking voters for a full term in the office.

But White – who currently serves as the Marion County clerk – is facing an uphill battle. No Democrat has held the job for 20 years.

Still, Lawson – a former state senator and Hendricks County clerk – is not your typical incumbent. She was appointed to the post in 2012 after Republican Charlie White was convicted of voter fraud and forced to resign.

Now, she says she’d like more time in the office to continue working on changes she actually started making while serving in the legislature.

“As secretary of state, I have been focusing on lots of issues that will increase voter accessibility,” Lawson said. “I was a clerk for eight years and had successful elections by working with both parties. I have been working on common sense election reforms to make it easier to vote and harder to cheat.”

Overseeing elections and the Indiana Election Division is just one part of the secretary of state’s job. But both candidates have made voter accessibility a key part of their campaigns.

In the General Assembly, Lawson served as chairwoman of the Senate Elections Committee, where she pushed legislation to require voters to show identification when they come the polls. She’s also advocated for vote centers, which consolidate multiple precincts into fewer polling locations, and backed legislation to allow early voting.

Marion County Clerk Beth White - the Democrats' nominee for secretary of state - says Republicans have systematically made it harder for Hoosiers to vote. Photo by TheStatehouseFile.com

White, however, doesn’t believe the Lawson-backed changes are actually all that voter-friendly. And White said that generally, Indiana’s laws make it much harder for people to vote. She pointed to the state’s voting hours, which run only to 6 p.m., and mail-in voting regulations she thinks are too restrictive.

“Her perspective on elections in particular (is creating) barriers that make it harder to vote and having stricter voting laws,” White said. “My perspective (revolves) more around advocacy for the voter and I want to make sure they have the info they need. I want to make voting work for people.”

White, who has served as the Marion County clerk for the past eight years, has directed 14 different elections, a number she said more than any other clerk in modern history. She said that background makes her especially qualified for the post.

“Hoosiers deserve an advocate for the voter to make sure the voting works for the people of Indiana. For eight years, I worked hard to make sure voting can work for the people of my community,” White said. “ We registered thousands of new voters and we would like expand our ideas and make them available to the state.”

The secretary of state’s office is about more than elections. It also oversees business registrations, securities regulations and even auto dealer services.

While in office, Lawson says her time has been productive. In addition to working on voter legislation, Lawson has focused on white collar-crime and educating young and elderly Hoosiers alike about the dangers of fraud and financial stability.

She has visited more than 200 schools and senior organizations to educate each people about money safety and responsibility. Lawson says the work is important.

“We’ve done a lot of great work,” Lawson said. Security efforts “will continue to focus on fraudsters and focus on preventing that in the first place for both seniors and high school. It’s a huge priority. In our security division, we work with county prosecutors to put fraud artists behind bars for years and have collected $100 million for investment fraud victims. I’ve been in office for 2-1/2 years and got a lot done and want to continue progress.”

White said if elected, she would focus on becoming an advocate for Hoosier entrepreneurs and help them connect with the state tools they need to be successful. She also wants to make it easier for Indiana-based businesses to get contracts with state government and simpler for Hoosiers to search for information about companies.

If Lawson wins, she says it will be beneficial to walk back into the office knowing what type of work needs to continue.

Both women continue to campaign across the state as they talk with Hoosiers about their platforms and ideas. Both say they have received lots of positive feedback from those they have visited.

White knows Lawson and her views differ, but she says that an informed public will make the decision that benefits Indiana.

“We have contrasts voters need to be aware of. Every election is about choices,” White said. “I encourage voters to look at the two of us, realize what we can do, and (vote for) what is best for the state of Indiana.”

Hannah Troyer is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Vanderburgh County Recent Booking Report

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

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

EPD Activity report October 30, 2014

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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 Tuesday, October 28, 2014

Sean Bazzard                     Domestic Battery-Level 6 Felony
Criminal Trespass-Class A Misdemeanor

Ryan Cashen                      Intimidation-Level 5 Felony
Possession of Paraphernalia-Class A Misdemeanor

Kyle Burgess                      Auto Theft-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.

Evansville Police set for Accreditation review

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A team of assessors from the Accreditation for Law Enforcement Agencies, Inc. (CALEA) will arrive on November 2, 2014 to examine all aspects of the Evansville Police Department’s policy and procedures, management, operations, and support services.

Verification by the team shows that Evansville Police Department meets the Commission’s state-of-the-art standards. This is part of a volunteer process to gain accreditation – a highly prized recognition of public safety professional excellence.

As part of the on-site assessment, agency employees and members of the community are invited to offer comments at a public information session on Monday, November 3, 2014 at 6:00pm. The session will be conducted in room 307 of the Civic Center.

If for some reason an individual cannot speak at the public information session but would still like to provide comments to the assessment team they may call 812-435-6104 on Monday, November 3, 2014 between the hours of 2:00pm-4:00pm.

Telephone comments as well as appearances at the public information session are limited to 10 minutes and must address the agency’s ability to comply with CALEA’s standards. A copy of the Standards is available at the Evansville Police Department, Sergeant Richard Hubbard, Accreditation Manager at the Chief’s Complex 812-436-7896

Anyone wishing to submit written comments about the Evansville Police Department’s ability to comply with the standards for accreditation may send them to:

Commission on Accreditation for Law Enforcement, Inc. (CALEA),
13575 Heathcote Boulevard, Suite 320
Gainesville, Virginia 20155
or email calea@calea.org.

The Evansville Police Department has to comply with 381 standards in order to remain accredited, Chief Billy Bolin said. “This process demonstrates to the community and to agency personnel that the Evansville Police Department continues to pursue professional excellence”.

The CALEA Program Manager for Evansville Police Department is Mrs. Christie Goddard. Mrs. Goddard said the assessment team is composed of public safety practitioners from similar, but out-of-state agencies. The assessors will review written materials, interview individuals, and visit offices and other locations where compliance can be witnessed.

The assessors are:

Lead Assessor:
Richard Mattice, Chief
Kentwood Police Department
Hudsonville, MI

Assessor:
John Clifton, Major
Johns Creek Police Department
Johns Creek, GA

“Once the CALEA Assessors complete their review of the agency, they will report back to the full Commission, which will then decide if the agency is to be granted accredited status” Program Manager Mrs. Christie Goddard stated.

Accreditation is for three years, during which the agency must submit annual reports attesting continued compliance with those standards under which it was initially accredited.

If you would like to have more information, you may contact:

Commission on Accreditation for Law Enforcement, Inc. (CALEA),
13575 Heathcote Boulevard, Suite 320,
Gainesville, Virginia 20155
703-352-4225 or email calea@calea.org.

You may also visit the CALEA website at www.calea.org for more information.

Justices reverse judgment for defendants in suit involving student’s death

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Supreme Court has ordered further proceedings in a negligence lawsuit filed by the parents of a special needs student who died after choking on her lunch at school. The justices found there are questions as to whether the parents complied with tort claim notice requirements, so judgment in favor of the defendants is not proper.

Megan Lyons was a 17-year-old student at Richmond High School when she choked on food while eating. She had Down Syndrome and was severely disabled, so the school had a safety plan in place for her. Part of it included having someone monitor her while she eats because she tended to swallow food whole and shovel food into her mouth.

On the day she choked, a different paraprofessional was assigned to supervise her and did not know to cut up her food. Megan began to choke and staff attempted to clear her throat by pounding on her back. Staff did not immediately call 9-1-1 nor attempt the Heimlich maneuver or CPR. Eventually her airway was cleared and she was taken to the hospital. Megan died three days later.

The school’s food services coordinator told cafeteria worker Rhonda Swearingen and three others who witnessed the incident that they would be fired if they spoke to anyone about the incident. Nearly 10 months later, Swearingen contacted Megan’s father, Michael Lyons, and told him that “things were not done properly” during the emergency. On Jan. 11, 2010, more than a year after Megan’s death, the Lyonses filed a notice of tort claim, then sued the school corporation and various staff members, alleging negligence, wrongful death and federal civil rights violations.

The trial court ruled in favor of the defendants, but a divided Court of Appeals ruled the defendants were only entitled to summary judgment on the federal claims. The decision was affirmed on a rehearing sought by the school.

The justices summarily affirmed the COA on several claims, including that summary judgment on the state law claims was inappropriate and that material issues of fact remain as to whether the discovery rule should apply to excuse the Lyonses’ noncompliance with the ITCA notice requirement.

Justice Mark Massa also noted based upon the record, a factfinder could reasonably find the defendants committed active fraudulent concealment.

The justices offered suggested jury instructions for the trial court to handle the application of the discovery rule. The COA ruled that it was a question of fact for the jury, but on rehearing said it was a question of law for the trial court. The justices agreed on both counts. The question of whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend on the resolution of disputed facts.

Massa also suggested perhaps the General Assembly should consider the issue of whether there should be a public policy favoring disclosure of student information to parents.

“Finally, although we are sympathetic to the Lyonses’ public policy arguments, we must decline their invitation to establish a completely new legal duty here. But we encourage our General Assembly, charged with making policy for our state, to consider this issue carefully. It may be that, in this age of near-universal and compulsory education, when our schools provide myriad counseling, physical therapy recreation, and special needs assistance for our children, they should be required to disclose vital information about a student to the persons most intimately concerned—the student’s parents,” he wrote.

Re-enactment of Berlin Airlift Candy Bomber

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Oct. 30, 8:15 a.m. and 2 p.m.
Reitz High School, outside near the Link (where you enter the building)

Students in Laura Lockyear’s 9th grade English class are now reading a book about the United States Air Force pilot dubbed “The Candy Bomber.” The book tells the story of Col. Gail S. “Hal” Halvorsen and how he would drop chocolate bars tied to handkerchiefs from his airplane to children who were essentially starving due to Berlin being blocked off by Russia during the Berlin Airlift. The event was called Operation Little Vittles after being approved by the Lt. General for expansion – and the American public got involved and donated two tankers full of chocolate and handkerchiefs.

Tomorrow, as a prelude to Veteran’s Day coming up and to re-enact this famous event in history and showcase the book the students are reading, Media Specialist Robert Hammonds will drop chocolate parachutes from the roof of Reitz to the class waiting below.

Oakland City Councilman Charged with Obstruction of Justice

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Indiana State Police initiated a criminal investigation in August after receiving information that Oakland City Councilman Darrell Corn, 74, of Oakland City, allegedly bribed an Oakland City police officer.

During the course of the investigation, Indiana State Police Detective Tobias Odom revealed Corn allegedly met with an Oakland City police officer on August 20 and offered him $500 to drop minor consumption charges against his grandson. The Oakland City police officer refused and immediately contacted his chief and the incident was reported to the Indiana State Police.

After reviewing the investigation, a special prosecutor filed a criminal charge of obstruction of justice against Corn. Today he appeared in Gibson County Superior Court and pled guilty to the charge.

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