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IS IT TRUE November 14, 2014

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IS IT TRUE that Labor Unions are required to have audits performed concerning aspects of their operations … that the local Labor Unions promote that all jobs need to be done by local work force? …Labor Unions leadership also promotes that we should buy our goods and services locally?

IS IT TRUE that the Ford Center and Johnson Control projects labor needs were and are now supplied by local Labor Unions?… our Local Unions recently dismissed the hiring of local Auditors and now utilize the accounting services of an out of town Auditing firm? ….we hear that this Auditing firm is located in St. Louis, MO? …all we can say about this is “WOW”?

IS IT TRUE last night this writer had the privilege of becoming aquatinted with Mr. Forrest Lucas?…that last name should be familiar to Hoosiers as he was the founder and still serves as the President and CEO of Lucas Oil that named the billion dollar stadium in Indianapolis and employs hundreds of Hoosiers in Corydon?…he is a most interesting man who started out in life as a minimum wage worker and eventually became a truck driver?…that lead to starting a trucking company that became quite successful before Mr. Lucas sold that business to start making lubricants for trucks?…the rest is of course an American success story that resulted in Mr. Lucas’s business becoming an international conglomerate?…this is truly a man of the people who was born without privilege and rose to the top of most everything he has done?…one of his proudest achievements that he shared amusingly is “selling oil to the Arabs” which happened through innovation and running a good business?…we could use more people like Forrest Lucas?

IS IT TRUE the City County Observer is pleased to share with our readers that the response to our new website has been extremely positive and that our traffic has nearly recovered completely from the cyber attack on our business?…we thank each and every one of our readers and advertisers for their support and hope to continue to advocate for good public policy by exposing those who undermine or abuse good policy by good old boy self serving activities?…the best is yet to come?

IS IT TRUE this writer would like to take this opportunity to apologize for being a little late with today’s IS IT TRUE?…last night was a very special but long night that kept me away from a computer and out of town until well after midnight PST?…the occasion that kept me away was to accept the Spirit of Entrepreneurship Award for 2014 in the Supporter of Entrepreneurship Category for Southern California’s Inland Empire?…this is the 3rd time in the 12 year history of this award ceremony that a winner was named in this category?…that the last winner was Mike Napoli who is the founder of the Tech Coast Angels that is the largest Angel Investment group in the world?…it was Mr. Napoli who nominated me for this award for the work done at the Coachella Valley Innovation Hub to further entrepreneurship?

IS IT TRUE in such events the awardees often express thanks for God, family, friends, etc.?…the element that is often excluded that deserves praise and thanks for entrepreneurship is the miracle of modern governance known as the United States of America?…the founding fathers of this nation were wise is forming a republic that operates by the rule of law and defends life, liberty, and the pursuit of happiness for all?…in other parts of the world the freedoms we have that have enabled us to become a great country that was and still is a magnet for entrepreneurs is why last nights ceremony was held?…without the United States the building, the roads to it, the companies honored, and perhaps even the State of California would be dramatically different if not gone?…on this week in which our veterans were honored it is important not to forget just how well we have it because of the collective efforts of our founding fathers to overthrow King George and establish a free republic that somehow survives in spite of what or who tries to tear in down?…the Spirit of Entrepreneurship is truly the Spirit of the United States?

The American Public Gets Smart

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Making Sense by Michael Reagan

So Jonathan Gruber thinks the American people are stupid, does he?
Gruber is a complete nobody to most Americans, but his face should be on a Most Wanted poster in every Post Office.

He was one of the chief architects and cheerleaders for ObamaCare, aka the fraudulent Affordable Care Act that Republicans should be working overtime right now to repeal, not fix or reform.  Gruber exploded into the news cycle this week because of some things he said publicly last year about how Democrats were able to slip ObamaCare past the trusting citizenry.

In appearances in Philadelphia and St. Louis in 2013, Gruber was caught on video admitting ObamaCare passed because its architects deliberately made its funding mechanism confusing and took advantage of the “stupid” American public.  Gruber openly — and shamelessly — described the methods he and the administration’s co-conspirators in Congress used.

“This bill was written in a tortured way to make sure CBO did not score the mandate as taxes,” he admitted.
“Lack of transparency is a huge political advantage. And basically, call it the ‘stupidity of the American voter’ or whatever, but basically that was really, really critical to getting the thing to pass.”
Of course, this is exactly what conservatives have been charging for years — that ObamaCare was a liberal Big Government con game.

Gruber tried to get off the hook, claiming his comments were “off the cuff.” But as he was appearing on MSNBC to apologize for his foolish honesty, a second video surfaced from 2013 in which he also called the public stupid.

Now on one point, I’ll agree with Gruber.  The American public — or at least a majority of American voters — was real stupid in 2008 and especially in 2012 when it put Obama in charge of the world’s most important country for eight years.

But the public can’t be blamed for ObamaCare, which was all false promises and lies.
Thanks to the deceit of Democrats in Washington and the soft coverage of the Obama health plan by the friendly liberal media, ObamaCare became law before anyone knew what was really in it or what it would really cost.

But once the American public was presented with the bill for ObamaCare, they weren’t so “stupid” anymore.
As they began to understand how awful Obama’s healthcare reform was, and how badly they were lied to, they got pretty smart real fast.

They began throwing out the Democrat bums in the House and Senate who passed ObamaCare. Last Tuesday’s election results were proof that Americans aren’t as stupid as the liberals who lie to them think.
When they get the truth from their government and the media, Americans show they’re a lot brighter than dishonest technocrats like Gruber.  Now it’s up to Republicans to provide the kind of leadership the country needs to recover from the Obama Recession.

The GOP has less than two years to prove to the American people it’s qualified and deserving of taking control of Washington.  It better get its internal act together, unclog the Reid law-jam in the Senate and rise to the challenge — starting yesterday.  If Republicans do it right, the American people will show how smart they really are by putting a conservative in the White House in 2016.

Copyright ©2014 Michael Reagan. Michael Reagan is the son of President Ronald Reagan, a political consultant, and the author of “The New Reagan Revolution” (St. Martin’s Press). He is the founder of the email service reagan.com and president of The Reagan Legacy Foundation. Visit his websites at www.reagan.com and www.michaelereagan.com.

Vanderburgh County Recent Booking Report

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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

EPD Activity Report November 14, 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

Bargain book sale to benefit Library is this weekend

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The Friends, a committee of the Evansville Vanderburgh Public Library Foundation, will hold a smaller version of their popular annual book sale this weekend in the Browning Events Room of Central Library at 200 SE Martin Luther King, Jr. Blvd.

Sale hours are Saturday, November 15 from 9:00 am to 4:00 pm and Sunday, November 16 from 1:00 to 4:00 pm.

Hundreds of fiction and nonfiction books, as well as DVDs and audiobooks, will be for sale. Most items are priced less than $2. Admission is free, and cash and checks will be accepted. Bring bags or boxes to carry your purchases.

Proceeds from book sales help fund Evansville Vanderburgh Public Library programs and projects.

For more information, call (812) 428-8200.

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 Wednesday, November 12, 2014

Trey Berkley              Unlawful Possession of Syringe-Level 6 Felony

Karen Boerner                Dealing in a Synthetic Drug or Synthetic Drug Lookalike Substance-Level 6 Felony
Daverin Futrell             Operating a Vehicle with an ACE of .15 or More-Level 6 Felony

Crystal Hendricks         Conspiracy to Commit Battery by Means of a Deadly Weapon-Level 5 Felony
Carrying a Handgun without a License-Class A Misdemeanor

Rodney Kessler              Carrying a Handgun without a License-Level 5 Felony
Conspiracy to Commit Battery by Means of a Deadly Weapon-Level 5 Felony
Intimidation-Level 5 Felony

Reginald McNary       Theft-Level 6 Felony

Gary Wilson             Possession of Methamphetamine-Level 6 Felony
Maintaining a Common Nuisance-Level 6 Felony

Lovlie Jones                 Attempted Escape-Level 5 Felony
Resisting Law Enforcement-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanors (Two Counts)
Failure to Stop after Accident Resulting in Damage to Unattended Vehicle-
Class B Misdemeanor
False Informing-Class B Misdemeanor
Failure to Stop after Accident Resulting in Damage to Attended Vehicle-Class C Misdemeanor

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.

Agency record required for judicial review of agency action

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Jennifer Nelson for www.theindianalawyer.com

A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.

The justices accepted Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education, 49S05-1411-PL-700, to address the question of whether an official agency record is required to adjudicate a petition for review under the AOPA. Teaching Our Posterity Success Inc. was approved by the Department of Education and State Board of Education as a Supplemental Educational Services provider, but the DOE removed TOPS from its list of approved providers a year later. TOPS sought administrative review, in which the DOE sent a letter affirming the decision. TOPS then sought judicial review but did not file an official agency record or request extension of time to do so.

The trial court dismissed TOPS’ petition, agreeing with the DOE that failure to file a timely and complete agency record with the trial court warranted dismissal. The Court of Appeals reversed.

The justices acknowledged a long-standing lack of consensus on the subject. Justice Robert Rucker wrote that caselaw can be summarized in two ways. If the trial court can’t decide the issue based on the documents before it, then “cause for dismissal” is read to mean the appeal “shall be dismissed.” But if the documents before the court provide enough information for it to decide the issue, even if it is not the agency record, the lack of an official record simply permits dismissal, but does not mandate it.

“At first blush concerns of judicial economy seem to weigh in favor of the foregoing view. After all, why should the parties expend the time and resources necessary to compile an agency record where the relevant facts are all contained in a few documents?” Rucker questioned. “On the other hand whether the documents before the trial court provide enough information enabling the court to decide an issue in a given case will likely be contested by the parties. The judicial economy argument thus swings in the other direction.”

“It appears to the Court that submitting the record up front diminishes the potential for time and resource-consuming satellite litigation such as we have in this case. It further obviates the necessity for the trial court to ascertain blindly whether the documents before it are enough or whether other documents in the official record — to which it does not have access — are relevant to the issues on review. Further, AOPA explicitly provides a mechanism by which the parties may condense the record by agreement potentially saving both sides time and expense,” he continued.

“In sum we hold a petitioner for review cannot receive consideration of its petition where the statutorily-defined agency record has not been filed. In our view this bright-line approach best serves the goals of accuracy, efficiency, and judicial economy.”

Because TOPS did not file an agency record as anticipated by AOPA, the trial court properly dismissed its petition for judicial review.

The justices relied on their decision in TOPS to reverse the trial court decision denying Indiana insurance commissioner’s motion to dismiss First American Title Insurance Co.’s request for judicial review. In First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, in his official capacity, On Behalf of the Indiana Department of Insurance, 49S04-1311-PL-732, First American challenged the Department of Insurance’s report on the company, seeking judicial review by the trial court of the commissioner’s order. The company did not submit the agency record as required by AOPA, thus its petition for judicial review cannot be considered.

CLASSES DESIGNED TO GET YOU MOVING COMING TO ST. MARY’S WELLNESS CENTER

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St. Mary’s Wellness Center is offering Tone, Swivel & Sway Dance classes. These four week specialty classes are fun-filled and dynamic. Fast growing in their popularity nation-wide these enlivening dance and fitness blended classes are intended for all ages. Movement for your body, stimulation for your mind, enjoyment for your Spirit.
Tone, Swivel & Sway Dance Class is coming Thursdays in November and December. It is a fusion of many dance styles for fitness is an increasingly popular and fast growing phenomenon. A wide array of movements will be taught in this refreshing new twist on an Old World art of joyful, beautiful physical movement. Students will tone their core and grow in confidence one move at a time while enjoying diverse music.
Classes are November 20th, and December 4th, 11th, and 18th from 5:30-6:30 p.m. There is a class fee of $36 for 4 weeks. Pre-Registration is required by Tuesday, November 18th. Call 812-485-5725.
The course will take place at St. Mary’s Epworth Crossing, near the Lloyd Expressway and Epworth Road in Newburgh.
For more information, please visit StMarysEpworth.org/classes

Forbes: Mike Pence should run for president

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANPOLIS – Indiana Gov. Mike Pence should run for president because “he’s got the record and got the experience” to be a strong candidate in 2016, conservative media mogul Steve Forbes said Thursday.

“Why shouldn’t he look at it?” Forbes said after interviewing Pence for an hour on stage at a Forbes Reinventing America summit in Indianapolis. “He knows what it takes to get things done. He brings the legislative perspective, the executive perspective and the principled perspective and it’s a good combination.”

Forbes, the chairman and editor-in-chief of Forbes Media, wasted no time getting to the presidential issue with Pence. In his first question, he asked the Republican and former congressman to talk about a possible presidential run and when he might make a decision.

Pence – as he’s been doing now for months – sidestepped the question, saying he’s flattered so many people are mentioning his name as a possible candidate. But Pence said that’s “more about the progress people in Indiana have been making” than it is about Pence’s own aspirations.

“I think Ronald Reagan said the same thing,” Forbes quipped about the former California governor-turned-president.

But while Forbes said he brought his Reinventing America summit to Indiana because of the state’s progress and innovation, that’s not why Pence has emerged as a dark horse candidate for the nation’s highest office.

Pence considered and then decided against a run for president in 2012. And he’s been stoking the discussions about a possible 2016 bid, traveling to early primary states including New Hampshire and Iowa to campaign for local candidates and making appearances at political events, including a conference sponsored by Americans for Prosperity, the nonprofit group backed by the libertarian-leaning billionaire brothers Charles and David Koch.

On Thursday after the Forbes event, Pence said he’ll make a decision about running for president after the Indiana General Assembly adjourns its 2015 session, which should happen at the end of April.

Forbes said that timing is right in line with other potential candidates “who will make decision by the spring of next year.”

Classic Tale Comes to Life at Victory Theatre

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Victory Theatre traveled in time on Wednesday night to bring patrons back to late nineteenth
century London where they witnessed the epic struggle between good and evil in Jekyll & Hyde. This thrilling
musical brought Robert Louis Stevenson’s classic story to life, telling the tragic tale of Dr. Henry Jekyll and Edward
Hyde.
“The cast was amazingly talented,” said Victory Theatre General Manager Ben Bolander. “Their skills had the
audience on the edge of their seats, while the soaring musical numbers had them cheering and tapping their
toes.”
Upcoming Victory Theatre events include Evansville Philharmonic Youth Orchestra Fall Concert November 22,
Evansville Philharmonic Orchestra Peppermint Pops December 6-7, and The Fab Four: The Ultimate Beatles
Tribute April 30.
For more information about the Victory Theatre, visit:
www.victorytheatre.com www.facebook.com/VictoryTheatre www.twitter.com/Victory_Theatre
Photos courtesy of VenuWorks of Evansville, LLC

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