DANKS & DANKS
Attorneys at Law

Dear Ted:

I am sure that you will agree that there has been a tremendous amount of time wasted on what information/records the Council can receive from the administration and the confidentiality of the requested information/records. We all have more important things to do than engage in this continued bickering over information/records and, therefore, I am revisiting this issue.

I.C. 36-4-5-3(3) provides that the Mayor shall “provide any information regarding City affairs that the legislative body requests.” Likewise, Evansville Municipal Code 2.05.010(F) provides that “the Mayor shall provide any information regarding City affairs that the legislative body requests.” (emphasis added). Thus, there are no ifs, buts or maybes about it. If the Council requests information/records from the administration the information/records must be provided to the Council period.

Pursuant to State statute, information/records fall into one of three categories: 1) confidential, 2) discretionary, and 3) not protected. Regardless of the classification of the information/records it must be furnished to the Council upon request.

Confidential records are very few and are contained in I.C. 5-14-3-4(a). When requested, the information/records must be provided to the Council upon request. Upon receiving information/records identified as confidential, the Council must maintain the confidentiality of the information/records pursuant to I.C. 5-14-3-6.5. Failure to maintain the confidentiality is a Class A Infraction pursuant to I.C. 5-14-3-10.

Pursuant to I.C. 5-14-3-4(b), certain information/records are exempted from disclosure at the discretion of the agency in possession thereof. The “discretionary” information/records are the ones that seem to cause disputes between the Council and the Administration. Again, discretionary information/records must be provided to the Council upon request without any redactions. Once these records are received by the Council IT IS THE COUNCIL NOT THE ADMINISTRATION THAT HAS THE DISCRETION TO DETERMINE WHETHER THE INFORMATION/RECORDS WILL REMAIN CONFIDENTIAL.

On several occasions, the Council has received discretionary information/records stamped “confidential” with instructions that the information/records must remain confidential. The City has no legal authority to do this.

When providing discretionary information/records to the Council, the City may request that the Council keep all or part of it confidential. It would be very helpful to provide an explanation as to why the information/records should remain confidential. But, again, whether they remain confidential will be at the SOLE DISCRETION of the Council. If you can find any legal authority to the contrary, please advise.

I discussed my legal analysis with Mr. Joseph Hoage, Indiana Public Access Counselor, and he concurs 100%. Attorney Hoage provided me with an analogy that I think is helpful: a sheriff’s department conducting an investigation can exercise its discretion to keeps its investigatory files confidential. However, once these files are turned over to the prosecutor’s office, the prosecutor then has the sole discretion on whether or not to maintain the confidentiality of those records.

Recently, discretionary records have been provided to the Council but marked confidential. In effect, the administration is putting a gag order on the Council.

As you know, all Council business must be conducted in a public forum and it becomes problematic to for them to discuss various issues that the administration has deemed to be confidential. Most Members of the Council are of the opinion that rather than attempting to find ways to keep information/records confidential that the efforts should be redirected in finding ways to make records public. Transparency is very important to the Council as the lack thereof causes undo suspicion on members of the public as well as the news media.

The Council realizes that many governmental entities do not appreciate others meddling and many times do not welcome scrutiny. The Council is of the opinion that transparency and scrutiny makes for better government.

Therefore, in the future discretionary information/records will be made public by the Council unless in doing so it would be injurious to the City of Evansville, its employees or the public.

As always, your cooperation in this matter is very much appreciated.

Sincerely,

Scott A. Danks, Attorney at Law
for the
Common Council of the City of Evansville

Bill addresses high military unemployment rate

STATEHOUSE —House Speaker Brian C. Bosma (R-Indianapolis) and Leader Scott Pelath (D-Michigan City) were joined by Brig. Gen. Brian R. Copes, Chief of the Joint Staff of the Indiana National Guard, Dr. Charles Haenlein the President and CEO of the Hoosier Veterans Assistance Foundation (HVAF) and State Reps. Steve Braun (R-Zionsville) and Ben Smaltz (R-Auburn) to address the high unemployment rate of Hoosier veterans.

Last week, House Bill (HB) 1002, the Indiana Career Council (ICC) was amended to incorporate veterans. HB 1002 is designed to improve coordination, communication and vision for Indiana’s workforce training and career preparation systems. The ICC is a panel designed to bring the principal stakeholders in the state’s workforce development efforts to a single table, with the Governor as its chair.

“The most critical challenges before this General Assembly are workforce development and job training. While Indiana is consistently ranked best in the Midwest in job creation environment, our state’s unemployment rate hovers stubbornly at 8 percent and more than doubles for our post 9/11 veterans. We must make every effort to better address this opportunity gap for those who have selflessly served our country. The ICC will unite a fragmented system, share data and coordinate all elements of the state’s workforce development system and work to address the particular unemployment concerns of veterans,” said Speaker Bosma.

According to the Bureau of Labor Statistics, Post 9/11 veterans have a national unemployment rate of 10 percent; Indiana’s veteran’s unemployment rate doubles the national average. Members of the ICC will be charged with aligning the education skills and training provided by Indiana’s educational, job skills and career training systems with the existing and projected needs of the state’s job market. The ICC will also be charged with submitting recommendations to the General Assembly on necessary improvements to Indiana’s job skills training system.

“Post 9/11 veterans face a state unemployment rate of 20 percent,” said Dr. Charles Haenlein, President and CEO of HVAF of Indiana. “With over 20 years of experience serving Hoosier veterans, we are excited to bring our unique perspective to the Career Council to better address the needs of returning veterans.”

Indiana has the fourth largest National Guard force in the United States with 12,112 troops. Since the terrorist attacks on September 11, 2001, there have been 19,557 tours to Iraq and Afghanistan by individual members of the Indiana National Guardsmen.

Part of the strategic plan required by the ICC will be to propose changes to make Indiana a leader in STEM employment opportunities. Currently, there are 2.4 STEM jobs for every unemployed person. Because the rate of unemployment is so high among returning servicemen and women, the amendment has the ICC seek input from military and veterans organizations.
“The Indiana National Guard is deeply appreciative of the efforts by the Ind. House of Representatives to create expanded employment and training opportunities for veterans and military service members,” said Brig. Gen. Brian Copes, Indiana National Guard Chief of Joint Staff. “The opportunity for military and veteran leaders to help inform this dialogue is a gracious and welcome gesture.”

Join us this Monday on President’s Day for Lincoln Live! presented by David Wolfe. This program is appropriate for all ages. Performing as Abraham Lincoln, Wolfe illuminates Lincoln’s days in Kentucky, the family’s move to Indiana, meeting his wife in Illinois, and his years in the White House.

Free to members, $5.00 for non-members. 7:00 pm in the Carriage House with reception to follow. 224 SE First St., Evansville. 426-1871.

Tuesday, Feb. 19
1:45 – 2:40 p.m.
Washington Middle School, 1801 Washington St.

Students at Washington Middle School will get a taste of Africa Tuesday, Feb. 19, as they participate in a school-wide assembly showcasing the African Dance and Drum Troupe. The troupe is a four-person group that combines African drumming, dancing, acrobatics, stilt-walking, costumes and innovative choreography in their performances.

As part of their program, the group will portray songs, drumming, folktales, and traditions of native Africa.

The Evansville Police Department is proud to announce Officer Jared Lafollette has been selected as the 2012 Field Training Officer of the Year.
Officer Lafollette joined the EPD in 2003. While assigned to the Motor Patrol Division, he served as an FTO, instructor in traffic stop techniques, field sobriety testing, and as a firearms instructor. He is also a Crisis Intervention Team member. Officer Lafollette is a part-time instructor at the South West Indiana Law Enforcement Academy.
Officer Lafollette transferred to the Crime Prevention Unit in January 2013. He is responsible for the Tepe Park and Glenwood neighborhoods.
During his time in Motor Patrol, Officer Lafollette was named South Sector officer of the Month twice and FTO of the Month twice. He received a Certificate of Merit Commendation in 2008.

The next Energize Evansville Fitness in the Park event will be this Saturday, Feb. 16, from 9 to 11 a.m. at Swonder Ice Arena Fitness Center. Join Mayor Lloyd Winnecke for the launch of “4 Weeks of Fitness Fundamentals” and learn how to start an exercise routine using gym equipment.
Tony Maslan, a former U.S. Marine and personal fitness trainer, will lead the group through exercises. At the end of each session, participants will receive a free one-week pass to Swonder Fitness Center!
Dates and times for “4 Weeks of Fitness Fundamentals” are:
ï‚· Week 1: Sat., Feb. 16, 9 to 11 a.m.
ï‚· Week 2: Sat., Feb. 23, 9 to 10 a.m.
ï‚· Week 3: Sat., Mar. 2, 9 to 10 a.m.
ï‚· Week 4: Sat., Mar. 9, 9 to 10 a.m.
For more information on “4 Weeks of Fitness Fundamentals” or Energize Evansville Fitness in the Park fitness programs, call 812-436-4969.

Thirty students who attend the EVSC’s Southern Indiana Career and Technical Center (SICTC) qualified for the SkillsUSA State Competition after qualifying at the regional competition at Vincennes University earlier this month. The state competition will take place April 12 and 13 in Indianapolis.

SICTC is comprised of more than 700 students from the southern half of Spencer County and all of Gibson, Posey, Vanderburgh, and Warrick counties. Students receive half-day classroom and hands-on training in 18 diverse areas of study using the latest emerging technologies and equipment, while still attending their home school.

Eleven students from SICTC placed first in their respective categories and earned a one-semester tuition scholarship from Vincennes University. In all, SICTC students earned $30,250 in scholarships.

Those SICTC students who will receive a scholarship based on their first place award and their home school include:
•Austin Elpers, North Posey, 1st in Residential Wiring
•Bobby Kramer, Gibson Southern, 1st in Electronics Technology
•Seth Young, South Spencer, and Davy Hall, Central, 1st in Mechatronics
•Alex Barniak, Castle, and Ryan Cavins, Bosse, 1st in Automation and Robotics
•Cort Lamey, Central, 1st in Diesel
•Zach Schucker, Castle, 1st in Automotive Technology
•Tyler Suter, Boonville, 1st in Internetworking
•Zach Eagleson, Castle, 1st in Technical Design
•Kurt Kramer, Gibson Southern, 1st in Masonry

Others who advanced to state competition include:
•Ben Morris, Central, and Evan Baehl, Gibson Southern, 2nd in Automation and Robotics
•Ed Schenk, Mt. Vernon, 2nd in Diesel
•Anthony Morrow, North Posey, 2nd in Automotive Technology
•Griffin Eldridge, Boonville, 2nd in Internetworking
•Will Hoffman, Central, 2nd in Architectural Drafting
•Samuel Mankin, Castle, 2nd in Technical Design
•Cole Lyle, Harrison, 2nd in Precision Machine
•Kameron Higginson, Gibson Southern, 2nd in CNC Lathe
•Zach Doleh, Castle, 2nd in CNC Mill
•Ethan Vibbert, Mater Dei, and Sam Hornbeck, Castle, 3rd in Automation and Robotics
•Aaron Bush, Reitz, 3rd in Technical Design
•Taylor Ivy, Gibson Southern, 3rd in Carpentry
•Logan Miller, Tecumseh, 4th in Diesel
•Dylan Rust, Castle, 4th in Carpentry
•Shawn Miracle, Castle, 4th in Precision Machine
•Kaleb Elpers, Gibson Southern, 5th in Diesel
•Hunter Bakel, North, 5th in CNC Mill

SkillsUSA is a student organization that promotes student leadership, community service, and skill development for students in career and technical education programs.

The Southern Indiana Career and Technical Center is now enrolling for 2013-14. Go to: http://www.evscschools.com/schools/high-schools/southern-indiana-career-and-technical-center to learn more and get an application.

Vanderburgh County Sheriff Eric Williams announced today that the Indiana Sheriffs’ Association will again be awarding college scholarships to qualified high school seniors or college students who are pursuing a degree in criminal justice studies. There will be approximately 40-$500 scholarships awarded to qualifying students throughout the state.

The Indiana Sheriffs’ Association Scholarship Fund was established for the purpose of receiving, investing and dispensing of funds to provide college scholarships to qualified students who are committed to pursuing an education and career in the law enforcement field.

To qualify for one of these scholarships, the applicant must be an Indiana resident, be a current member of the association or a dependent child or grandchild of a current member of the association, attend an Indiana college or university, major in a law enforcement field and enroll as a full-time student (12 hours).

Applications needed to apply for the scholarships are available from your high school counselor, the sheriff’s office or by writing to the Indiana Sheriffs’ Association, 147 East Maryland Street, Indianapolis, IN 46204-3608, and requesting an application form. The scholarship application can also be downloaded from the Indiana Sheriffs’ Association website: www.indianasheriffs.org. The applications must be completed and received by the Indiana Sheriffs’ Association on or before April1.