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IS IT TRUE October 17, 2014

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IS IT TRUE Vectren has created a financial problem for roughly 5,000 of their ratepayers by failing to do readings in a timely manner?…timely in this case is monthly?…most of us assume when we get our energy bills that the reading is accurate and is indicative of our use in the immediate past month?…what happened is that rather than reading the meters monthly, in some cases Vectren only estimated the use based on the past account activity?…in cases where customers had an increase in use relative to the period used for the estimated bills, people got 3 artificially low electric bills followed by one big “reconciliation” bill that made up for the blown estimates?…it is important to understand that Vectren is not billing anyone for electricity they did not use?…that being said many people who try to adjust there use to what they can afford had a false sense of financial security by artificially low bills?…the danger with these  estimates is that people who would have set their thermometers at a higher temperature of say 79 degrees chose to enjoy the false economy of a nice 74 degree house thinking their last bill was accurate?…many of the electrons sold by Vectren due to the false sense of security would not have been sold if the bills were accurate?  …in a world where smart meters and computer controls are commonplace it should be a priority of Vectren to eliminate the possibility for a full 3 months of estimates?

IS IT TRUE the Ebola scare has people focused on demanding for flights into the United States from countries with outbreaks be banned?…of all of the sources of Ebola that may well be the easiest thing to control?…what there are no words about in the media is the possibility that an Ebola sufferer from Liberia could fly into Mexico or Canada and walk across the border into the United States?…this writer assures you that the CDC and many hospitals are acutely aware of this possibility and are taking some rigorous precautions on how to identify and sequester a case?…the real problem however is not so much about someone walking into the emergency room, it is about the ones who don’t?…the Dallas exposures which now top 150 happened outside of the hospital?…this is a serious problem and the CCO continues to wish for good judgement and flawless execution of effective policy by our elected leaders?

IS IT TRUEthat there are a couple of economic realities that were announced yesterday?…one of these announcements is good news and the other is bad news?…the good news is that for the first time in many years the federal deficit is below $500 Billion dollars?…the bad news is that the federal direct debt obligations have exceeded $18 Trillion?…the disturbing thing about the good news is that it really is good news that the federal deficit is only $500 Billion?

Vanderburgh County Recent Booking Reports

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

EPD Activity Report October 16, 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 10-15-14

Education board postpones vote on A-F grades for schools

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – The State Board of Education voted Wednesday to delay approving letter grades for schools because members said they were unsure about the underlying data.

The decision came after two school administrators complained about the appeals process for their grades and board members learned that the nonpartisan Legislative Services Agency has not finished running the numbers, a process meant to verify the Department of Education results.

“I see somehow a lack of leadership, a lack of detail, that places us” in a bad situation, said board member David Freitas, who was addressing state Superintendent Glenda Ritz and her staff at the Department of Education.

“You have not provided us some of the key ingredients to make an intelligent decision,” Freitas said. “We need to ensure the data is accurate.”

Ritz, who chairs the education board, said later she had also sought to delay approving the grades until the legislative agency had finished its work. But she didn’t say why the issue landed on the agenda anyway.

The board plans to reconsider grades at a meeting Nov. 5 when Ritz said the data issues should be resolved and the LSA review would be completed.

Meanwhile, the board launched a rules making process to create a new A-F system, one that will put more emphasis on individual student growth. However, the board decided Wednesday that overall achievement – meaning do students pass standardized tests and other measures of proficiency – will count slightly more than how much individual students improved.

The school grades that will be approved next month will be based on the current system, which Ritz acknowledged doesn’t always fairly represent the work a district is doing. Still, she urged board members to follow the existing rules as they considered appeals and questions from districts who disagreed with their proposed grades.

The board voted, for example, to change the way that the grade for the Cristel House Academy will be calculated this year. That’s the Indianapolis charter school that caused problems for former state Superintendent Tony Bennett, who also changed the way grades were calculated to raise the school’s rating.

Department of Education officials had recommended that this year, the school receive a grade based on partial information because the high school hasn’t been in operation long enough to collect all the data points used in the typical calculation. Still, Ritz said the rules allowed for the use of partial data.

Board members disagreed, voting instead to base the school’s rating only on its middle and elementary school performance, a move that will raise the school’s overall grade.

“Above all else we want the system to have integrity. I want them to mean something,” said board member Sarah O’Brien, who voted for the change. The letter grades produced by the rules need to “match what we’re seeing in these buildings.”

In addition, Guerin Catholic High School Principal James McNeany told the board that his school had discovered an error in the data used to determine its grade but had initially been unable to convince the Department of Education to make a change. Eventually, the department acknowledged that some data may not have been included and is working now on a change.

But education officials acknowledged that the change could affect as many as four other schools.

“That’s making me nervous,” said board member Andrea Neal.

Other board members were frustrated that the Legislative Services Agency had not finished running the numbers to confirm the grades calculated by the Department of Education. A study of the issues involving Bennett and Cristel House led to the recommendation that LSA serve as a backup or a check on the education department.

Ritz said the information had been sent to LSA several weeks ago but the agency – which writes and analyzes legislation for the General Assembly – had not finished its work. She said it should be completed next week.

That prompted board member Brad Oliver to propose delaying the vote on all the grades. “Let’s table it” until the comparative analysis is done, he said. “Then we’ll know beyond a shadow of doubt it’s as good as we can get it right now.”

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

House GOP wants to rewrite school funding formula

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By Lesley Weidenbener

TheStatehouseFile.com

INDIANAPOLIS – House Republicans say they will work in 2015 to boost money for public schools and rewrite the formula that distributes those dollars to try to reduce the gap between the state’s highest and lowest funded districts.

House Speaker Brian Bosma, R-Indianapolis, said Tuesday that Republicans want to spend more money on education and change the funding formula that distributes money to schools. Photo by Lesley Weidenbener, TheStatehouseFile.com

The move could mean a shift in funding from some of the state’s urban districts – and those with the highest concentrations of poverty – to suburban and rural districts. But House Speaker Brian Bosma said the goal will be to increase the funding overall so no district suffers considerably.

Still, Bosma, R-Indianapolis, said districts that have lost thousands of students over the past couple decades shouldn’t continue to receive significantly higher per-student funding than those that are gaining enrollment.

The state’s highest funded districts receive more than $9,500 per student and the lowest receive about $5,500, Republicans said.

“The disparity in per student funding appears to be flawed to me,” Bosma said. “It will take some thoughtful discussion.”

The proposal is part of the House Republican legislative agenda for the 2015 session. The list of priorities includes a tax credit meant to help teachers who buy supplies for their classrooms. However, it does not include expanding a pre-kindergarten pilot program the General Assembly put in place earlier this year.

House Minority Leader Scott Pelath, D-Michigan City, said the Republican calls for more funding for education sound like the messages Democrats have been sending for years.

“Yes, it is time to invest in our public schools again,” Pelath said in a statement.

“But never forget the reason our schools are suffering: These same Indianapolis power brokers took a meat cleaver to them time and time again,” Pelath said. “Vouchers and other think-tank experiments kept getting the tenderloin, while public schools got the gristle.”

The Republican caucus is also proposing to strengthen disclosure laws to prevent legislators from voting or acting publicly or privately on legislation in which they have significant financial interest.

That plan comes out of a situation involving Rep. Eric Turner, R-Cicero, who has announced he’ll give up his seat if he wins a reelection bid in November. Earlier this year, Turner lobbied privately for legislation that meant millions of dollars for him and his family.

The House Ethics Committee ruled that Turner did not violate any existing rules, in part because his financial interest in the issue was buried among holding companies. But Bosma nonetheless had said he would strip Turner of his leadership position if he was reelected.

On Monday, Bosma said the Republican caucus is also looking into changing state law to make it easier to replace candidates on the ballot. Turner decided after a July deadline for ballot changes that he would not serve if reelected, which leaves voters unsure who would serve in the seat if the Republican wins the race.

“That particular circumstance has caught my attention,” Bosma said. It’s “certainly not optimal.”

The Republican priority list also includes reducing infant mortality rates, the number of police officers killed on duty and domestic violence. But the agenda did not include specific proposals to address those issues.

Bosma said the two-year budget his caucus plans to propose will include increased funding in some areas – including education – but will still seek to reduce the size of government.

He expects state economic growth to top 2 percent annually, which he said will free up cash for lawmakers to prioritize a few key issues – education being among them. Lawmakers will receive a revenue projection in December that will serve as a base for budget decisions.

Bosma said the goal will be to focus on public schools and provide a larger increase than the 2 percent boost they received in Fiscal Year 2014 and the 1 percent increase this year.

Much of that additional funding would go to growing the foundation – which is the base dollar amount allocated per student, before adjustments are made for poverty, special education and other programs. But Bosma said a key will be rewriting other parts of the funding formula so that it’s fairer to all schools, while still recognizing that students in poverty have special needs.

“We have the unusual situation of funding schools that aren’t performing well at the highest levels and funding those at the highest levels the least,” he said.

Some of the disparity among per-student allocations has its roots in the state’s original school funding system, which relied on property tax rates set by local boards.

But the differences were exacerbated in the 1990s and early 2000s when Democrats controlled the Indiana House. Their budgets included minimum guarantees in funding for all districts, which ensured those with falling enrollments still received more money. That boosted those districts’ per student funding and eventually created a gap of some 60 percent between the higher and lower funded schools.

Republicans have been working to at least partially undo those differences but the process is taking longer than expected, in part because cutting money to any district is unpopular and increasing funding to all of them is expensive.

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

9th District candidates agree Congress is problem, disagree how to solve it

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By Hannah Troyer
TheStatehouseFile.com

FRANKLIN, Ind. – In a congenial candidate forum Monday at Franklin College, incumbent U.S. Rep. Todd Young acknowledged that incremental change is the goal when trying to turn around a political system he calls dysfunctional.

Democrat Bill Bailey said during a forum Monday at Franklin College that he supports term limits. Photo by Kiley Lipps, TheStatehouseFile.com

But the men trying to unseat him – Democrat Bill Bailey and Libertarian Mike Frey – said it’s time for a change. Now.

Frey told audience members that there is a third choice when voting this November – Libertarian.

“Washington is full of professional politicians. They go to Washington and never leave,” Frey said. “I want to bring the private sector perspective to Congress. It’s time to bring in someone who can balance the budge and knows how to do it. I have come to the conclusion that both parties are big government parties. The two parties are one.”

Frey, a first time candidate, used the debate in part to say that the candidates should be appearing together more often to give voters a chance to see the three men interact. Bailey on the other hand, used the debate to talk about his government experience as he returned to the political scene after retirement.

Bailey was Seymour’s mayor and decided to run for Congress after witnessing the sequester and government shut down. Before ending his retirement, Bailey spent more than 100 days weighting the decision to run for Congress and realized it was the right thing for him to do.

“(Running) interrupts my now retirement. This interrupts my bucket list. But, it’s worth it,” Bailey said. “This isn’t about me. It’s not going to be a career. This is about my children and grandchildren.”

The Democratic Party stands for “people first,” he said. “It’s more about people than corporations. It’s time we have more people thinking about people.”

After serving in the U.S. House since 2011, Young acknowledged that Congress functions poorly. All three candidates agreed the Democratic and Republican parties need to work together so the federal government can be more productive.

Incumbent Rep. Todd Young, R-9th District, said Monday that Congess is not functioning as well as it should. Photo by Kiley Lipps, TheStatehouseFile.com

Young believes he is part of the solution in bipartisan issues rather than the problem.

He also told audience members that there is a disconnect between the public and Congress. Young wants voters to understand that change to big issues like the economy and healthcare – which both Bailey and Frey wish to change – does not happen quickly.

“There needs to be more of an effort to reach out across party lines, fewer attacks, and more specific, concrete solutions,” Young said. “My work in Congress isn’t done yet. I’m proud of the work we’ve done in my office in what is a dysfunctional time. We will solve some of these pressing issues in another couple congressional terms. My background and temperament can be part of the solution.”

After each candidate talked with mediator, John Krull, the director of the Pulliam School of Journalism at Franklin College, about why he was running and where he stood on various issues, audience members were able to write down questions. Each candidate was given a turn to address each one.

One of those questions concerned the terrorist group ISIS or ISIL. Young said he was “disturbed by the uncritical eye that many have brought to the issue of ISIS.  He also addressed the fact that lawmakers continually heard conflicting information about ISIS and its threat.

Libertarian Mike Frey said Monday that neither major party represents small government. Photo by Kiley Lipps, TheStatehouseFile.com

Bailey said he believes that “diplomacy might be the best first shot to fire instead of out of a gun” when dealing with ISIS.

Frey said he believes other countries in the Middle East should handle the ISIS conflict. But if the United States must get involved, he wants the country’s military generals to handle the fighting strategy – not the federal government.

All three candidates said job growth can happen if the private sector is expanded.

Each also said he will do the most good in Washington. The election is Nov. 4.

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

Youth First Receives Award from Grainger Foundation

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Grainger Foundation presented a check for $7500 to Youth First, Inc. on Thursday, October 9th. The check has been designated for Youth First’s Strengthening Families program, a research proven family skills training program that builds protective factors by improving family relationships, parenting skills, and children’s social and life skills.

The check was presented by Patrick Martin, Evansville Market Manager for W.W. Grainger, Inc., who stated, “Grainger has been a part of the Evansville business community for roughly 50 years as the leading broad line supplier of maintenance, repair, and operating products. We are proud to recommend the programs offered by Youth First and appreciate the opportunity to continue supporting their efforts. We understand the goal of Youth First is to strengthen youth and families through evidence-based programs that prevent substance abuse, promote healthy behaviors, and maximize student success, and we gladly support their cause.”

Parri Black, Youth First’s President & CEO, responded, “We are extremely grateful for the support of the Grainger Foundation and the opportunity to use this donation to reach more kids and families in our community. We would like to thank them for their continued support and investment in our model for improving family relationships.”

About Youth First, Inc.: Youth First’s mission is to strengthen youth and families through evidence-based programs that prevent substance abuse, promote healthy behaviors, and maximize student success. Youth First partners with 50 schools across 5 counties to provide 34 social workers who assess needs, develop and implement prevention plans, and connect students and their families to community resources. Youth First also offers afterschool programs involving parents and caregivers to strengthen families. For more information about Youth First, please visit www.youthfirstinc.org or call 812-421-8336.

Wright named vice president for enrollment management at USI

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President Linda L. M. Bennett has announced the appointment of Andrew Wright as vice president for enrollment management at the University of Southern Indiana. He will assume official duties January 5, 2015.

The vice president for enrollment management will guide the University’s planning process for enhanced recruitment and retention of students. The newly created position, reports to the president of the University and is a member of the President’s Council.

As vice president for enrollment management, Wright will provide strategic leadership and professional development for Admissions, Student Financial Assistance, Registrar, and University Division, and will oversee departmental budgets and resource allocation for programs and services. He also will lead an Enrollment Management Council, which includes representatives of units across campus.

“Enrollment management is an integrated approach to the recruitment and retention of students,” said Bennett, “Integration of functions requires experience across a range of fields as well as skillful leadership. We’ve found those traits in Andrew Wright, and I am delighted he will become USI’s first vice president for enrollment management.”

Currently, Wright serves as the assistant vice president of Enrollment Services and director of Admissions at Missouri State University (MSU). Prior to his time at MSU, he worked in Eastern Michigan University’s (EMU) Office of Admissions, where he started as an admissions officer/recruiter, and later moved up to assistant director of Admissions and associate director of Admissions. He also spent time working in Residence Life at EMU as an area complex director and at the University of Akron as a hall director.

Wright has been involved in professional organizations and committee work on the MSU campus. He chaired the Undergraduate Recruitment Committee, Commencement Committee and Residency Committee. He also was a member of the Student Affairs Assessment and Planning Committee and University Marketing Committee, and has served on the Student Affairs Staff Development Committee.

He is treasurer of the Missouri Association for College Admission Counseling. While at EMU, he served as the Michigan ACAC National Delegate, co-chaired the Conference Planning Committee multiple years and served on numerous committees. At a national level, he served on the Finance Committee for the National Association for College Admission Counseling. He also has presented various webinars and sessions at conferences. Additionally, he is a member of, and serves as the Service Projects co-chair for his local Rotary chapter.

Wright received a bachelor’s degree in business administration from Central Michigan University in 1992, with a major in general business and a concentration in international business. He also earned an MBA in international business from the University of Akron in 1995.

Justices affirm denial of Crime Victims Relief Act liability

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Jennifer Nelson for www.theindianalawyer.com

The Indiana Supreme Court affirmed a trial court’s decision to not impose Crime Victims Relief Act liability on a couple who sold their home knowing it had defects. And although the Indiana Court of Appeals also affirmed, Chief Justice Loretta Rush pointed out the high court has different reasons for leaving the trial court’s judgment in place.


Barbara and William Johnson deeded their home to a trust in 1996 and sold it to Joseph and Carmen Wysocki in 2006. Most of the work done on the home through the years had been done by William Johnson. When they sold their house, Barbara Johnson signed the seller’s residential real estate sales disclosure form stating there were no building code violations or foundational, structural or other problems with the home.

But shortly after moving in, the Wysockis discovered leaks and structural problems. They sued the Johnsons for fraudulently failing to disclose those defects on the disclosure form. The Wysockis advanced several theories, including damages under the CVRA. But the trial court only awarded them the amount of damages they incurred in fixing the problems – $13,805.95 – instead of those damages plus witness fees and attorney fees.

The COA affirmed the couple was not entitled to an additional award under the CVRA because 1) they had only established common-law fraud, the elements of which differ from the statutory elements of criminal fraud; (2) criminal fraud requires proof beyond reasonable doubt; and (3) “the Johnsons were not charged with [a] crime …, much less convicted of it in a court of law” and“[i]n the absence of such a conviction, the CVRA does not apply.”

The Supreme Court declined to adopt a bright-line rule that every knowing misrepresentation on a sales disclosure form constitutes criminal deception and gives rise to CVRA liability – at least where the claimants plead to other grounds for liability in the alternative.

The justices ruled that the trial court’s findings that the statements on the disclosure form were false and that the Johnsons had actual knowledge of their falsity appear to support the first two elements of the crime of knowingly or intentionally making a false written statement.

“We therefore disagree with the Court of Appeals that the different elements are dispositive, because these findings would have been sufficient to support a CVRA award—if the court’s judgment had actually included such an award,” Rush wrote.

In addition, a CVRA claim requires the proving of the elements of a criminal offense, but only by the civil preponderance standard. It does not depend on whether the defendant has been charged with or convicted of any criminal offense, the justices ruled.

“Though we agree with the Court of Appeals that denial of relief under the CVRA should be affirmed, we reiterate that CVRA liability is civil, not criminal, and does not require criminal charges or proof beyond reasonable doubt,” Rush wrote.

“When a court does impose CVRA liability, an award of costs and reasonable attorney fees is mandatory by the terms of the statute, even though additional exemplary damages remain discretionary. But when given a choice, the court need not impose CVRA liability when it believes ordinary tort liability will do. The trial court acted well within its discretion to make that judgment in this case, and we affirm its judgment.”

The case is Joseph Wysocki and M. Carmen Wysocki v. Barbara A. Johnson and William T. Johnson, both Individually and as Trustees of the Barbara A. Johnson Living Trust dated 12-17-1996, 45S03-1407-CT-459.

VANDERBURGH COUNTY FELONY CHARGES

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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 14, 2014

Gerald Crowe                    Residential Entry-Level 6 Felony
Invasion of Privacy-Class A Misdemeanor

Christopher Gatewood Theft-Level 6 Felony

Beau Hidbrader                Domestic Battery-Level 6 Felony
False Informing-Class B Misdemeanor

Billy Tate                             Theft-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor
Public Intoxication-Class B Misdemeanor

Diane Vanderkooy          Theft-Level 6 Felony

Kenneth Viars                   Dealing in Methamphetamine-Level 4 Felony
Possession of Methamphetamine-Level 6 Felony
Possession of Paraphernalia-Class A Misdemeanor

Kyle Wilkes                        Dealing in Schedule II Controlled Substance-Level 5 Felony
Dealing in Schedule IV Controlled Substance-Level 6 Felony
Theft-Class A Misdemeanor

Arthur Jones Sr                 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.