Home Blog Page 6360

Indiana Supreme Court upholds right-to-work law

1

Jennifer Nelson for www.theindianalawyer.com

The Indiana Supreme Court has ruled that two sections of the state’s right-to-work law do not violate the Indiana Constitution. A Lake County judge declared the challenged statutory provisions unconstitutional in a July ruling.

Plaintiffs Local 150 of the International Union of Operating Engineers, AFL-CIO and several of its members and officers sought a declaratory judgment that the right-to-work law violates several portions of the state constitution.

Lake Superior Judge John M. Sedia sua sponte found that I.C. 22-6-6-8 and 22-6-6-10 violate Article I, Section 21 of the Indiana Constitution. The judge found that “the effect of IC 22-6-6-8 and IC 22-6-6-10 under the current, long-standing federal labor law, is to demand particular services without just compensation,” and thus violates Section 21.

On appeal, the State and the union dispute whether the challenged provisions of the RTW law constitute a demand by the state for particular services under Section 21.

“Any compulsion to provide services does not constitute a demand made by the State of Indiana,” Justice Brent Dickson wrote in Gregory F. Zoeller, Attorney General and Rick J. Ruble, Commissioner of the In. Dept. of Labor v. James M. Sweeney, David A. Fagan, Charles Severs et. al., 45S00-1309-PL-596.

Justice Robert Rucker concurred in result with a separate opinion, writing there may be a case that if properly presented and proven could demonstrate that a union has actually been deprived of compensation for particular services by application of the right-to-work law, so as to that union, the statute would be unconstitutional.

“However, this is not that case,” he wrote.

November Brown Bag Schedule

0
11/5/14 – Hal Wolford: Local musician and Brown Bag favorite, Hal Wolford, will be performing a set list honoring Hoosier songwriters and their music. Included in the set are songs from artists Fred Rose, Paul Dresser, James Spider Rich, Cole Porter, Hoagy Carmichael and more. Sing along with songs such as,Back Home in Indiana, Apple Blossom Time, and Take me out to the Ballgameat the first November Brown Bag performance.
 

11/12/14 – Alfred Savia & James MacLeod: Evansville Philharmonic Orchestra Maestro,Alfred Savia and University of Evansville Professor of History, James MacLeod will present an Illustrated Discussion of Benjamin Britten’s masterpiece, the War Requiem. Evansville Philharmonic Orchestra will be performing this piece on November 15th. For more information about the November 15th performance, please go to evansvillephilharmonic.org.

 

The Brown Bag Series presentation will consist of two parts – “World War One and the Poetry of Wilfred Owen” (Dr. James MacLeod, University of Evansville) and “Benjamin Britten, The War Requiem and its performance” (Maestro Alfred Savia, Music Director Evansville Philharmonic).

 11/19/14: Bob Green:

Bob Green, keyboards, vocals and woodwinds, is one of the most familiar faces in the Evansville area, and has been called the hardest working musician in Evansville. Bob’s many skills have inspired many bands and artists to call on him for backup. He is proficient on keyboards, saxophone and flute and has lent his skills to bands such as the Duke Boys, the Shagadelics, Object Blue, Cynthia McDonald and many others. Bob will round out November’s Brown Bag Series performance schedule.
 

DUE TO THE HOLIDAY, WE WILL NOT HAVE A BROWN BAG PERFORMANCE ON 11/26/14.

The Brown Bag Performance Series is a free program offered to the community by the Arts Council of Southwestern Indiana. The Brown Bag Series is held at noon every Wednesday from October through April at the Arts Council’s BSF Gallery, located at 318 Main Street in downtown Evansville. It is encouraged to bring your lunch and a friend and enjoy the free local performances. The Brown Bag Series is made possible in part by the Mesker Music Trust, managed by Fifth Third Investment Advisors.

More A schools, fewer Fs after education board assigns grades

0

By Lesley Weidenbener

TheStatehouseFile.com

INDIANAPOLIS – More schools received As and fewer had Fs under grades the Indiana State Board of Education assigned Wednesday.

In fact, 54 percent of all schools received the state’s highest grade. That’s 9 percentage points higher than last year.

About 4 percent of schools received failing grades compared to 5.4 percent of schools last year.

“This data shows significantly increased performance for our schools, particularly in schools that have been lower performing in prior years,” state Superintendent Glenda Ritz, who chairs the board.

About 20 percent of schools had Bs, 16 percent had Cs, and 6 percent had Ds. Those categories all had fewer schools than last year.

 

2014 A-F grade placements chart

Board member Brad Oliver said Wednesday the improvement is the result in part of an “intentional focus” on school improvement. That’s despite board plans to overhaul the A-F system under criticism that it doesn’t accurately reflect a school’s efforts.

The new system, which is in the rulemaking process now, will put more emphasis on whether individual student achievement improves over time.

“The A-F letter grade system is not perfect,” Oliver said. “But it is useful.”

But the approval did not come without plenty of controversy – most of it aimed at concerns that the Department of Education had not properly considered appeals from several schools.

The state board was set to approve the new grades last month but Oliver and others pushed for a delay to give the Department of Education more time to review the data and reconsider grades for some unusually-configured schools. That also gave the nonpartisan Legislative Services Agency a chance to run the grading calculations as well to check the education department’s work.

But even after that delay, the board tinkered with grades for a handful of schools who objected to some of the data used for their calculations or that that have atypical grade configurations. The latter could mean they are startups with only a few students, don’t have traditional K-12 setups, or have slowly been adding grades and therefore don’t have the same data sets available for evaluation that other schools do. Many of those are newer charter schools.

Board member Tony Walker said schools shouldn’t be penalized just because they aren’t set up like others. “I don’t think a cookie cutter approach to all these schools is going to work,” Walker said. “There’s room for discretion here within the law.”

Ritz said the State Department of Education staff members had already tried to apply the board’s past decisions and state rules to the unusually configured schools. The staff acted in “good faith,” she said.

But Oliver said the board should itself consider the grades for unusual schools on a case-by-case basis.

Then, with little discussion about the individual situations, the board voted to recalculate grades for Horizon Christian Academy, Columbus Christian, Kings Academy and Lighthouse Christian Academy using only their elementary and middle school data. That’s in part because their high school data was incomplete.

Oliver said the decisions made Wednesday are “not defacto policy but responses to a specific situation.”

The board also voted to let another school – the Hammond Academy of Science and Technology – appeal its grade calculation even though it requested the change past the deadline.

Sean Eagan, the school’s principal, said the school has college placement and graduation rates that are higher than 90 percent. But education officials didn’t consider those numbers because they did not have previous data to use to determine improvement. However, education officials did consider high school test scores for algebra and English. That led the state to preliminarily assign the school a D.

“Regardless of what the letter grade reflects, there is outstanding education going on at your school,” board member Gordon Hendry told Eagan.

The board then voted to up the school’s overall letter grade from a D to a B by including only information for the middle and grade school.

The board also considered several requests from schools that said the Department of Education staff had not fairly considered their appeals. Members asked state education staff members to reconsider those grades but the board did not immediately vote to change those grades.

Board member Dan Elsner said the department staff had exhibited a “bad attitude” and “poor customer service” in dealing with some schools that had concerns about their grades, a charge Ritz denied.

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

Bargain book sale to benefit Library

0

The Friends, a committee of the Evansville Vanderburgh Public Library Foundation, will hold a smaller version of their popular annual book sale next weekend, November 15th and 16th, 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.

Commentary: The many shall get what the few paid for

7

By Dan Carpenter
TheStatehouseFile.com

When conservatives can run successfully against a president who has presided over reduced government spending, reduced deficits, lowered unemployment, record heights of corporate wealth, a health-care program that pleases both the public and the health-care industry, and even sub-$3 gas, perhaps irrational fear of the first man of his color to occupy the White House could be said to have infiltrated the voting booth.

When big business, directly and through its surrogates, pours hundreds of thousands of  no shadowdollars into a school board race and achieves a majority, perhaps control of the targeted school system has left the voting booth.

The consequences of Tuesday’s rout of citizenship by Citizens United may turn out to be less profound in Washington than in Indianapolis. It is hard to imagine Republican obstructionism of President Barack Obama getting any worse, and these days only a filibuster-proof Senate could hope to pass significant legislation. As if the GOP in six years of Obama-bashing ever has offered solutions to the problems for which it blames Brother Barack.

Locally, the triumph of candidates bankrolled by Stand for Children, the Chamber of Commerce, ex-Reagan administration operative Al Hubbard and other benefactors from far beyond the cracked sidewalks of Indianapolis Public Schools has to mean more shrinkage of the once-dominant school system and thus less of a voice for those who reside within it. In other words, more “entrepreneurial” reform – that is, more charter schools to siphon off tax dollars into private hands with dubious public oversight – along with the nation’s most promiscuous program of private school vouchers. Look for a school system that once topped 100,000 pupils to be left with an overwhelmingly poor population of 20,000 or so by decade’s end. Maybe then, milked dry by those who covet its funding, it will cease being hammered for its failure to fix poverty.

As for the voice that would be lost, it’s hardly worth mourning. After all, it’s gotten little use. Here, as in all those gubernatorial and congressional elections around the country where corrupt and incompetent tools of Wall Street rode tidal waves of dollars into office, poor and working people had no reason not to know what was going on and no excuse for their pitiful turnout at the polls.

They knew what the GOP-engineered voting restrictions were all about; and they knew, or should have known, that far higher barriers were surmounted in the Jim Crow South.

They knew the avalanche of TV assaults and gaudy flyers said nothing true that wasn’t an insulting platitude.

They knew their president and their school system, flawed as they were, deserved defense at fundamental – indeed, existential – levels.

They have to know their interests don’t coincide with those of the financiers of election campaigns.

They didn’t vote. Not at nearly the level of the rich and white. So they’ll live with plutocracy.

Apathy is understandable. Disillusionment is a fresh wound. The people’s mobilization that swept Obama and Superintendent of Public Instruction Glenda Ritz into office a few short years ago was answered by shameless sabotage of their mandate. What this shows, though, is that democracy is a fulltime job. Every election is a start-over; and besides that, all the time between elections must be spent reminding whoever is in power that the boss is watching.

It’s hard work. So tempting to stay home and hope they don’t sell off the company.

Dan Carpenter is a freelance writer, a contributor to The Indianapolis Business Journal and the author of “Indiana Out Loud.”

VANDERBURGH COUNTY FELONY CHARGES

0

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 03, 2014
Danielle Duerson          Operating a Vehicle as an Habitual Traffic Violator-Level 6 Felony

Roy Blackmon            Theft-Level 6 Felony

Ciro Gonzalez              Attempted Child Molesting-Level 1 Felony
Criminal Confinement-Level 5 Felony

Wendi Pennington       Possession of Methamphetamine-Level 6 Felony
Possession of Paraphernalia-Class A 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.

IS IT TRUE November 7, 2014

56

IS IT TRUE the day has finally come that the construction company for the downtown convention hotel has announced a starting date for actually doing something that is not exclusively a PR stunt?…Hunt Construction that was also the builder of the Ford Center has set a start date for November 19, 2014, exactly 6 years and 6 months after former Mayor Weinzapfel smiled and announced that there would be an unsubsidized 4 Star Marriott if only we would build an arena?…if all goes well and if the financing is really in place, there will be a grand opening in mid 2016?…even though there is a $20 Million subsidy and a $14 Million slight of hand private contribution this is as good of a deal as Evansville was going to get for a convention hotel?…we will cross our fingers that chasing the dying convention industry will actually work,out for this hotel?

IS IT TRUE on the day after the election some Evansville homeowners were rudely greeted by notices that the SNEGAL (sneaky but legal) Johnson Controls deal that Weinzapfel saddled the City of Evansville with on his way out the door is about to pick their pockets?…these notices were to let homeowners know that the smart meters were about to be installed and that their water pipes have been determined in need of repairs prior to that installation?…it also advised these homeowners that they would have the privilege of paying for these repairs to the tune of roughly $1,500 each?…if they do not comply the City will be installing the meters anyway and if the City breaks the pipes the homeowners will still have to pay for the repairs?…this is BIG BROTHER in action and this is not any way to run a city?…with the increasingly oppressive heating bills and the holiday season on the horizon this is just not an acceptable way for the citizens of Evansville to be treated?

IS IT TRUE the CCO is pleased to learn that the Blue Angels will be performing in downtown Evansville next summer?…this performance will be happening due to the generosity of Vectren that has stepped forward to underwrite $50,000 of the the nearly $200,000 cost to bring the Blue Angels to town?…we do wonder exactly who will be putting up the balance of the need as this $50,000 does not cover the cost of the show?…we hope if this show really happens on free money that most of the people of Evansville will come out and enjoy this once in a lifetime gift?…this gift was necessary because the people of Evansville have howled like hit dogs at the very thought of paying $20 for a button which is necessary for air shows to be sustainable?…this is a generous gift that we as a society should have given ourselves and hopefully it will be an inspiration to establish a realistic value on well run street festivals in the future?…gratitude is in order for Vectren and any other benefactors that come forward to cover the balance and the best gratitude would be for Evansville to step up and make this sustainable by paying their own way?…perhaps a voluntary charitable donation by each person who takes advantage if this kind action would be a down payment on a sustainable festival of substance?

IS IT TRUE that down in Fort Lauderdale, Florida where plenty of beautiful people cavort, the City Council passed a law last Friday laming it illegal to feed the homeless?…the Fort Lauderdale storm troopers wasted no time enforcing this law by arresting a 90 year old man and two ministers for giving some homeless people something to eat in a forum of civil disobedience?…local news reports that the good hearted geriatric and the preachers are facing 90 days in jail for this gross infraction that must threaten someone’s right to tranquility?…the CCO thinks this is an insane overreach by BIG BROTHER and encourages our readers to cross Fort Lauderdale off of the vacation list until this insane law is repealed?

IS IT TRUE the Republican wave election of 2014 has had an unforeseen consequence that is very positive for women?…for the first time in the history of the American Republic there will be 100 female members of congress?…that sort of puts the “war on women” assertions to rest?…there may even be a time in our future when women are over half of the US Congress and we think that is great for our country?

BRINKERHOFF RILEY STANDS UP FOR TAXPAYERS AGAINST JOHNSON CONTROL WATER METER PROJECT

52
PUBLIC E-MAIL  LETTER FROM CITY COUNCILWOMAN BRINKERHOFF-RILEY TO MIKE LARSON
Mr. Larson:
Thank you for your email. I spoke with the Water Department and Mayor’s office today. I was told that 1000 letters went out last Friday telling homeowners that if repairs to the water meter pit were not made within 30 days that the water would be turned off. However, it sounds like yours was received sooner.
The history of this is that Johnson Controls sold the city on a water meter replacement program that was supposed to be more accurate and therefore collect more money. The focus was commercial users of water. The concept is that once the new meters are installed, if the increased revenue is not realized then Johnson Control is liable to make up the promised revenue. However Johnson Controls has to agree that the meters have been installed correctly before they are liable and therein lies the rub.
Johnson Controls contracted the work to Hydromax who is replacing the actual meters. We were recently told that the project was 40% complete. The water department employees had been making the necessary repairs cited by Hydromax in the water meter pits. However, this led to outlandish amounts of overtime. The contract was then amended for Johnson Control to pay the water department approximately 200k as reimbursement for some of the overtime. I’m told that the water department has no more money for overtime in this project.
Now apparently the cost of repairs to water meter pits is being passed on to the homeowner. The water department representative cited Memorial Community Development Corporation and CAPE emergency home repair program as possible places to get assistance. They also stated that once an estimate is obtained it is not imperative that the repairs be made within 30 days. They claimed they were working with people and did not want to turn off anyone’s water. Some of the plumbers being used are scheduling repairs out in March, and I was told this was not a problem. However, it is hard to imagine that all 1000+ homes will be able to find the necessary funds or qualify for assistance. Your top estimate was $4300. I had another complaint by a homeowner who’s estimate was $1400. Either way, these are not funds that are easily found right before Christmas.
I have asked the Mayor’s office to reach into contingency funds for the contract with Johnson Controls to pay these costs being pushed onto homeowners. I have also asked the president of council to request that the director of the water department (Allen Mounts) appear Monday at city council to answer questions about how this is happening. I have additionally started reaching out to other members of council regarding the idea of passing an ordinance that the water cannot be turned off to a home that is current on its bill.
I am waiting on Allen Mounts and the Mayor’s office to call me back. I think the letters are inappropriate given that this program was not supposed to cost the ratepayer any money. I believe that city council and the Mayor’s office will find a solution to ease or eliminate this burden and make sure that no one’s water is turned off. I will give you more information as I get it. I stopped by the home in question and it didn’t look like anyone was home. I didn’t knock given your mother-in-law’s age, as I didn’t want to scare her.
Thanks for bringing this to my attention.
Stephanie Brinkerhoff Riley 
3rd Ward City Council Member

PUBLIC E-MAIL  LETTER TO COUNCILWOMAN BRINKERHOFF RILEY FROM MIKE LARSON
Subject: Water Department Issue
Dear Council Member Brinkerhoff-Riley,

My name is Mike Larson and I am speaking for my 80 year old mother-in-law who owns the property on E. Virginia St.

As scene in the news recently the Water Dept. has sent out notices of repairs needed all over the city. About a month ago my mother-in-law received such a notice and I have assisted her in getting an estimate to have said repairs completed. To my surprise the estimate came in at over $4,300!!
Now there may be cheaper plumbers around town and let’s say another estimate came in at half as much. Who on a fixed income or even with a steady job has an extra $2,000 plus dollars laying around to do work on something that isn’t broken? She didn’t ask for these new meters to be installed and as of today her water pipes are just fine. So, I am asking you for some guidance on what she/we need to do. I am quite certain that several citizens around the city will be in this same situation and turning off the water to hundreds of taxpayers because they cannot afford the costly repairs is really not an option.

Thank you for your time and I look forward to speaking with you about this matter. Feel free to call or reply to this e-mail if I can answer any questions you may have.

Sincerely,

Mike Larson

POSTED BY CCO WITHOUT BIAS, OPINON OR EDITING

Vanderburgh County Recent Booking Report

0

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