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Ritz, ed board rift escalates with lawsuit

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS — Indiana’s Democratic schools chief and its Republican education board are now in an all-out brawl.

State Superintendent Glenda Ritz filed a lawsuit Tuesday against 10 members of the Board of Education that she chairs. She accused the members of violating the state's Open Door Law. Photo by Megan Banta, TheStatehouseFile.com

State Superintendent Glenda Ritz filed a lawsuit Tuesday against 10 members of the Board of Education that she chairs. She accused the members of violating the state’s Open Door Law. Photo by Megan Banta, TheStatehouseFile.com

State Superintendent of Public Instruction Glenda Ritz swung the latest punch on Tuesday, filing a lawsuit that accuses 10 members of the State Board of Education – all of whom were appointed by Republican governors – of violating state law in a secret effort to undermine her.

The reason she’s mad: Board members, who favor the education reform policies that Ritz opposes, drafted a letter last week and sent it to GOP legislative leaders seeking to take the A-F school grading process out of the hands of Ritz’s Department of Education.

That violated the state’s Open Door Law, Ritz said, and forced her to file suit.

“I do not take this action lightly,” Ritz said in a statement about the lawsuit, which was filed in Marion Circuit Court. “But my obligations as elected state superintendent require it.”

It’s the latest in a political and public policy skirmish between Ritz, the board and other GOP officials that began when she won the office in November, ousting Republican Tony Bennett, who had been expected to win easily.

Since then, Republicans and the GOP-appointed education board have taken steps to weaken Ritz’s authority and work around the Department of Education.

Last week, the board sent a letter to Senate President Pro Tem David Long, R-Fort Wayne, and House Speaker Brian Bosma, R-Indianapolis, and asked them to assign the Legislative Services Agency the task of determining A-F grades for schools, even though state law gives the job to the Department of Education.

Ritz said no public notice was issued for a meeting that would have allowed for the action and that she was not made aware it until later, despite her role as the board’s chair.  The lawsuit accuses the board of using staff at the new Center for Education and Career Innovation – which Republican Gov. Mike Pence created in part to staff the education board – of helping carry out what she deems illegal actions.

The agency’s staff did not return a request for comment. But Pence’s spokeswoman, Christy Denault, said the governor “strongly supports the actions taken by the bipartisan membership of the State Board of Education to ensure the timely completion of last year’s A-F school accountability grades.”

“The governor is confident that all relevant Indiana laws were followed,” she said.

But Ritz disagrees.

“When I was sworn in to office, I took an oath to uphold the laws of the state of Indiana,” Ritz said in a statement. “I take this oath very seriously and I was dismayed to learn that other members of the state board have not complied with the requirements of the law. While I respect the commitment and expertise of members of the board individually, I feel they have over-stepped their bounds.”

The suit asks the court to prevent board members from meeting secretly and to prevent the Legislative Services Agency from working on the A-F grades.

The letter to legislative leader was dated Oct. 16 and was signed by the 10 board members. The members said they were concerned that the Department of Education was taking too long to develop the grades as well as teacher effectiveness ratings as required under state law.

Two days later, Long and Bosma sent a letter to the director of the Legislative Services Agency telling him to start working on the grading system. A spokeswoman for Bosma said Tuesday that he would not have a comment on the lawsuit.

The state’s Open Door Law is meant to ensure that government boards and commissions do their work in public. It says that a public meeting is any gathering of the majority of the members of a board if official action is taken.

It defines official action as receiving information, deliberating, making recommendations, establishing policy, making decisions or taking final actions. In those cases, the board must post notice and an agenda and allow the public to attend.

Ritz said in the lawsuit that the action taken by the education board members would not have fit under any of the exemptions outlined by the Open Door Law.

“Since my inauguration, I have worked tirelessly to communicate openly with the board and the public,” Ritz said. “I look forward to continuing to work to improve education for all Indiana students in a fair, transparent and collaborative manner.”

The Department of Education is using in-house attorneys for the lawsuit.

Bryan Corbin, a spokesman for Attorney General Greg Zoeller, who represents various state agencies, boards and the legislature in lawsuits, said he is  reserving comment until he has an opportunity to speak with all of the clients regarding this matter.”

“He hopes his office can serve some useful role in resolving this conflict outside of court,” Corbin said.

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

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IS IT TRUE October 23, 2013

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Mole #3 Nostradamus of Local Politics
Mole #3 Nostradamus of Local Politics

IS IT TRUE October 23, 2013

IS IT TRUE Warrick County put its best foot forward with a presentation to pitch their preferred location for the IU Medical School project yesterday and it was surprisingly comprehensive and well done?…the layout of the campus as Warrick County would like it to be is near hospitals, clinics, retail, housing, and lodging?…this site seems to meet most of the speculative criteria that has been bantered about for a while now?…it is even a virgin lot with plenty of room (and plans) to expand for business parks that leverage the location of being near the IU Medical School?…most of what is needed is within a mile or so of the proposed campus and could become an easy walk or bike ride for students with some added safety features?…one question that has not been raised thus far is whether or not the IU trustees will be considering future utility and services expenses in their decision process?…with what may turn out to be 100,000 square feet of space under management the difference in what the sewer bills are projected to be in the future could become a major issue?…a tuition surcharge for the costs associated with the over HALF BILLION EPA mandate facing the City of Evansville will probably come up in these discussions?

IS IT TRUE from a local governance perspective only two other sites seem to be in the mix?…those sites are of course downtown Evansville that Mayor Winnecke has vowed to “fight like the dickens” to promote and a site near USI where the school currently resides?…neither downtown Evansville nor USI have the level of direct access to medical facilities, retail, or housing that the Warrick County site has so in an even horse race both of those locations would have longer odds of achieving success?…there are other sites in Vanderburgh County and even in the City of Evansville that have the potential to give the Warrick County site a run for its money?…as it is widely expected that Mayor Winnecke will not make a pitch for the Roberts Stadium or State Hospital sites it serves to reason that any 3rd, 4th, or 5th site may be a private pitch?…if any private group comes forward to pitch a site to the IU Medical Center that is in the City of Evansville they should have the same backing and enthusiasm from the Mayor and his court as the downtown site will certainly have?

IS IT TRUE the Vanderburgh County Commissioners expressed a need to keep 2% of the Innkeeper’s Taxes going to the operational support of the Centre well into the future?…without a vote to keep this subsidy in place the Centre will see its subsidy cut in half starting January 1, 2015?…the urgency to keep these tax dollars directed toward the Centre seems odd given the fact that the Evansville Convention and Visitors Bureau is out pitching new and better conventions to come to town because we will have a convention hotel to support the Centre?…the hotel is unlikely to be completed by January 1, 2015 so maybe extending the subsidy to the Centre should just go through say a year after the hotel is opened whenever that may be?

IS IT TRUE President Obama has signed on a tech management guru to be his “FIX OBAMACARE SHOPPING EXPERIENCE CZAR”?…one wonders why such a person was not hired 3 years and $600 Million ago?…the ObamaCare website, call centers, etc. was designed by people who didn’t have a clue what they were doing and it shows?…if Apple can sell 7 Million iPhone 5 models on its first weekend mostly through online shopping one wonders why the President didn’t just hire Apple, Amazon, esurance, or some other web based retail business to take care of this part of his signature legislation?…this failure is a monument to all talk and no substance governance?…one thing it has done is expose some inconsistencies in ObamaCare itself?…there are several young couples with children right here in Evansville who can’t afford to participate in health insurance plans offered by their employers who have learned that because of that situation they are not eligible for ObamaCare but will be eligible to be fined for not being able to afford either their employers plan or ObamaCare?…some of these people are educated young professionals?

VANDERBURGH COUNTY FELONY CHARGES

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nick hermanBelow is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Tuesday, October 21, 2013.

 

Richard Robb Jr                 Dealing in Methamphetamine-Class A Felony

Resisting Law Enforcement-Class A Misdemeanor

(Habitual Offender Enhancement)

 

 

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 considered to be innocent until proven guilty by a court of law.

Discover Southern Indiana this fall

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I love the fall season in Indiana. Our state has so much to offer that the whole family can enjoy. Whether it’s a weekend getaway in Brown County or a day spent exploring caves in Marengo, Indiana has countless attractions and a storied history to match.

In the early 1900’s, artists from around the world came to work in Brown County. The passion is still alive as studios and galleries of more than 250 local artists can still be visited. From there, you can experience the 16,000 acres of Brown County State Park, named among the best in North America, which is chock-full of biking trails and other recreational activities. The park offers beautiful landscapes and nearly 20 miles of tree-lined roads.

For those interested in staying closer to home, a family trip on the Indiana cave trail could be the ticket.  Marengo Cave, a U.S. National Natural Landmark has two walking tours available. One of them is an easy, 40 minute walk while the other one lasts over an hour. Extra activities are available for kids, like mining for gems or crawling through a cave simulator. Other caves on the trail are Squire Boone Caverns and Bluespring Caverns. If you plan to visit all three, you can pick up a passport at your first stop, have it stamped along the way and get a free t-shirt at the completion. The caves are all within an hour drive of each other.

Right here in District 76 is historic New Harmony. This small town offers visitors and residents a wide range of experiences such as art galleries, museum exhibitions and guided tours of historic properties.  New Harmony is also the location of Harmonie State Park, located on the banks of the Wabash. There are trails for walking, biking and nature hikes perfect for a family day out.

French Lick Resort is a perfect getaway in Southern Indiana for adults. Located in the towns of West Baden and French Lick, this resort has been attracting visitors since the 1800’s. The resort offers two hotels, famous golf courses and casinos.

There are so many different trips, markets, wineries and festivals to visit this fall. Plan your visit at www.visitIndiana.gov/fall and start your fall vacation early!

Lawmakers ask pension board to keep annuity program in-house

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By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – A legislative commission recommended Monday that pension officials scrap a proposal to privatize one part of the state retirement benefit system but lawmakers didn’t address plans to cut the rate of return on annuity payments.

The Pension Management Oversight Commission can’t tell the administrators of public employee and teacher retirement accounts what to do. But the group did vote to ask them to keep the administration of annuities – which lets retired workers turn lump sum payouts into monthly benefit checks – in house.

The Indiana Public Retirement System Board of Trustees is likely to take up the recommendation at a meeting on Friday, said Jeff Hutson, a spokesman for the pensions agency.

“I think the board will take it very seriously. They’ll look at the recommendation,” Hutson said. “They’ll consider it, but I don’t know what they’ll do about it.”

The annuity is one of a two-part retirement system administered by the Public Employees’ Retirement Fund and Teachers’ Retirement Fund. The system includes a defined benefit plan, which is funded by government and schools for its employees, and a savings account that can be funded by employees or employers.

Upon retirement, the worker can take the savings account as a lump sum, roll it into a different retirement account, or convert it to an annuity to spread its benefits over the length of retirement.

Currently, retirees who opt to annuitize their savings can do so with a 7.5 percent interest rate, which is well above market rates and the amount the state is earning off the money that’s invested. The gap creates an unfunded liability that retirement board members decided was no longer acceptable.

So the group voted in July to use market rates for the annuities – and hire an outside vendor to establish the rates and administer the program.

That drew criticism from retirees and the groups that represent them and lawmakers spent hours last month taking testimony on the issue. The change is expected to reduce annuity payouts to future retirees by an average of $900 to $2,100 annually.

But Sen. Phil Boots, a Republican and the chairman of the Pension Management Oversight Commission, said the 7.5 percent interest rates “can’t be justified by actuarial tables.”

“The interest rates people are earning today aren’t anywhere close to market rates,” he said.

So the oversight commission opted not to recommend a specific interest rate. Instead, lawmakers zoomed in on the privatization issue.

“This is very, very important to thousands of people within these programs,” said Rep. David Niezgodski, D-South Bend.

“We’re just recommending this come in house,” he said. “It will be in the best interest of the members.”

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

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Pence appoints public officials, business leaders to new transportation panel

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Mike Pence

   Posted by: 

Staff report
TheStatehouseFile.com

INDIANAPOLIS – Gov. Mike Pence has named members to a new panel he’s tasked with creating the state’s next transportation plan.

The group will review projects related to water, air, road and rail and develop a lits of priority projects for the next 10 years.

In the long term, the group will “explore and monitor innovations in transportation infrastructure to keep Indiana on the cutting edge,” the governor’s office said.

Pence has appointed a mix of public officials, transportation leaders and representatives of private firms to serve on the panel, which will be co-chaired by Lt. Gov. Sue Ellspermann and Cathy Langham, president of Langham Logistics.

The additional members are:

·         Mike Cline, Purdue University

·         Richard Conner, American Structurepoint

·         Mike Daigle, St. Joseph County Airport Authority

·         Mark DeFabis, Integrated Distribution Services, Inc.

·         Chip Edington, OSP Group

·         Dennis Faulkenberg, Appian Inc.

·         Andrew Fox, Chicago South Shore & South Bend Railroad

·         Mayor Karen Freeman-Wilson, Gary

·         Pete Georgeon, ArcelorMittal USA Flat Carbon

·         Mayor Tom Henry, Fort Wayne

·         Mark Holden, A&R Logistics

·         Scott Jones, ChaCha

·         Douglas Joset, Evansville-Vanderburgh Airport Authority District

·         Chris Matney, Indianapolis Airport Authority

·         Hank Menke, OFS Brands

·         Don Miller, Mount Vernon Barge Service

·         Bob Palmer, AGFS of FedEx

·         Don Sansone, Red Gold Inc.

·         JR Saylor, Brightpoint Inc.

·         Zack Scott, UPS-Ohio Valley District

·         Noah Sodrel, Sodrel Truck Lines Inc.

·         Mark St. Clair, Consolidated Grain & Barge Co.

·         Phil Terry, Monarch Beverage Company

·         Mayor Lloyd Winnecke, Evansville

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Healthsouth Deaconess rehabilitation Hospital RECEIVES NATIONAL PRESIDENTS’ CIRCLE AWARD

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HealthSouth-Deaconess-Rehabilitation-HospitalHealthSouth Deaconess Rehabilitation Hospital received the National Presidents’ Circle Award during HealthSouth’s Annual Meeting and Awards Banquet held Oct. 11 in Boston, Mass.

HealthSouth Deaconess is one of only 10 hospitals in HealthSouth’s nationwide network of 103 rehabilitation hospitals to receive the prestigious award. This distinction recognizes the hospital’s outstanding performance in development of clinical programs, quality of patient care services, employee retention and overall operational excellence.

“Being honored with the Presidents’ Circle Award is recognition for our commitment to high-quality, cost-effective healthcare,” said Barb Butler, MPA, CEO at HealthSouth Deaconess. “Our success depends on the quality of care provided to each and every patient. Providing an exceptional patient experience, the efforts of our physicians, nursing staff, therapists and all other hospital staff are due this reward.”

About HealthSouth Deaconess Rehabilitation Hospital
HealthSouth Deaconess Rehabilitation Hospital, a joint venture partner with Deaconess Health System, is an 80-bed inpatient rehabilitation hospital that offers comprehensive inpatient and outpatient rehabilitation services. Serving patients throughout the tri-state area, the hospital is located at 4100 Covert Ave. and on the Web atwww.healthsouthdeaconess.com<http://www.healthsouthdeaconess.com/>.

About HealthSouth
HealthSouth is the nation’s largest owner and operator of inpatient rehabilitation hospitals in terms of patients treated and discharged, revenues and number of hospitals. Operating in 28 states across the country and in Puerto Rico, HealthSouth serves patients through its network of inpatient rehabilitation hospitals, outpatient rehabilitation satellite clinics and home health agencies. HealthSouth’s hospitals provide a higher level of rehabilitative care to patients who are recovering from conditions such as stroke and other neurological disorders, cardiac and pulmonary conditions, brain and spinal cord injuries, complex orthopedic conditions, and amputations. HealthSouth can be found on the Web at www.healthsouth.com<http://www.healthsouth.com/>.

Dr. Bucshon Comments on September Jobs Report

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(Washington, DC) – The Bureau of Labor Statistics jobs report released this morning, shows that the U.S. unemployment rate was at 7.2% in September, while the economy only added 148,000 jobs, lower than what economists expected.


Rep. Bucshon (IN-08) released the following statement:

 

“Today’s report is yet another reminder that middle class families are hurting in this stagnate economy.  Health care premiums are on the rise, full-time hours are being cut back to part-time, and industries, like the medical device industry, are paring back their operations because of the President’s unfair and unaffordable health care law. Reckless spending, like the failed stimulus, has caused our national debt to spiral out of control. And new regulations from the President’s EPA are waging a war on coal putting thousands of Hoosier jobs at risk.

 

“As a doctor, I came to Congress to change business as usual and fight for hard working Hoosiers.  Over the coming weeks, I look forward to working with my colleagues to fight the harmful impacts of ObamaCare, grow the economy, and protect Hoosier jobs.”

BACKGROUND:

 

4.1 million Americans have been unemployed for 6 months or more and while the total number unemployed is 11.3 million. (BLS; 10/22/2013)

Real unemployment, a measure that includes discouraged workers and those employed part-time who would rather work full-time, was 14.0% and the labor force participation rate was at 63.2%. (BLS; 10/22/2013)

Vanderburgh Human Society-Pet of the week-Remi

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Remi new web small

Remi – Remi is a 1-year-old tuxedo kitty. His previous family surrendered him due to a sudden development of allergies, and he’s now waiting patiently in the cageless cat lounge for his new forever family! Since he lives with so many other cats here, he would most likely do fine sharing his food, water, and litterbox with other cats in his new home. Best of all? He’s already neutered, and for $30 he can go home with you vaccinated and microchipped TODAY!