“I’m pleased that the employees of Allied Waste Services will be back to work. Going forward, we hope both sides continue to work diligently toward a final resolution. I have every confidence that the process of negotiations will be mutually beneficial.”
Ted Ziemer, City of Evansville AttorneyEVANSVILLE, IN – Evansville attorney Ted C. Ziemer, Jr., a partner in the law firm Ziemer,
Stayman, Weitzel & Shoulders, LLP, was elected President of The Indiana Municipal Lawyers
Association on Thursday June 21, 2012 in Indianapolis. The Municipal Law Seminar hosted
many of the state’s municipal attorneys to educate and promote the association’s message.
Ziemer says it is a “magnificent honor†to be elected President. He previously served as
Vice President of the association and will now begin a one-year term as President.
From 2005 through 2011, Ziemer was the Attorney for the Board of Commissioners of
Vanderburgh County. He was named Corporate Council to the City of Evansville in January
2012. Ziemer received his undergraduate degree from St. Louis University in 1956 and his
law degree from Indiana University in 1962.
The Indiana Municipal Lawyers Association (IMLA) was created in 1983 to promote
continuing education of attorneys on issues in municipal law while also providing forums
for attorneys to meet and exchange ideas.
Boss Tweed of Tammany Hall The Tweed Ring and Machine Politics
The late nineteenth and very early twentieth centuries in America are often referred to as the “Gilded Age.†The origin of this name is usually attributed to Mark Twain who co-authored a novel entitled The Gilded Age. The term is metaphoric on several levels. It can be taken to reference an obsession with appearances. Unlike “golden,†which has positive associations of beauty and value, the word “gilded†carries connotations of cheap commercialization, shoddiness, and fakery. Twain’s novel is about social climbers and get-rich-quick schemers who are all show and no substance, like a gold-painted trinket. “Gilded Age†also suggests a fascination with gold itself and with the wealth and power that gold symbolizes.
Concern with gold was certainly heightened by U.S. money being minted in scarce gold coins. In addition, gilding, in the sense of gold plating, is often done to make objects beautiful that must also be strong and durable, because gold itself is a soft metal. This might reflect an American sentiment of that era that their efforts toward culture and refinement were just a veneer over a strong but coarse base. All interpretations of the meaning of “Gilded Age†carry an element of irony, however. Perhaps this sense of the ironic is more insightful than any particular interpretation of the term in describing an age of such extremes of wealth and poverty, opportunity and disaster, high standards and low practices, advancement and decay.
The population of post-Civil War America ballooned with a new tide of immigration. In spite of the terrible losses during the war, the census of 1870 reported a population of 39 million Americans, up over 25% from the decade before. The U.S. had become the third most populous nation in the Western world after Russia and France. While farmers struggled and barely maintained their numbers, business and industry boomed with America’s increasing demand for goods and services.
From afar, in countries with repressive social and political structures, stagnant economies, depressed wages, and high unemployment, America seem like a dreamland of opportunity to millions who had no hope of bettering their situation in their native country. Immigration surged, providing industry with a huge new labor force. Immigrants did well if they had a skill, money to start a business, or relatives already in the U.S. who could help them get started. Most immigrants, however, were unskilled, poor, and found themselves without support in America.
When the immigrants arrived on American shores, they gravitated toward established enclaves of people with the same language and customs. These cultural and ethnic clusters often amounted to little cities within cities that provided support, assistance, and protection for new arrivals. Cities became filled with tens of thousands of people who, because they could not afford the cost of public transportation, had to live within walking distance of their employment. As a result, huge labor-intensive factories and industries were ringed with multistory tenements that offered workers shelter from the elements and little more. Certain districts in Chicago had the highest population density in the world, exceeding even the crowding in cities such as Calcutta and Shanghai.
As immigrants were pouring into the cities, the old middle class was moving to the suburbs, taking with them most of the experience and expertise in governing an industrial metropolis. The posts of leadership were often then filled by people with less experience in city government and less of an understanding of traditional American culture.
In the nineteenth century, government at all levels saw itself a provider of essential services such as roads and as an advocate of justice, but not as responsible for the welfare of individuals. The law was supposed to protect people from being wronged, but beyond that they were responsible for their own fate. Neighborhood and fraternal associations bridged the gap between what government provided and what people needed. These organizations helped people in many ways: they gave material assistance to new arrivals, got people jobs, provided necessities for families in distress, supported small businesses, and provided legal assistance. Those who had received help and eventually made good were expected to help others in return.
Many of these associations gained considerable power using the “good old boy†system of giving preferential treatment, especially in business, to members of the group. Some began to wield their power by mobilizing large blocks of voters to influence candidates, elections, and local political parties.
Eventually the association leaders, generally called bosses, began to run for office and get elected themselves. Their first loyalty, however, was not to their government posts or to any political party but to the associations through whose ranks they had risen and to whom they owed their political and personal success.
In all the large industrial cities, such associations became embedded in city government. This new political landscape where the official government was supported and manipulated by a shadow government of bosses and associations became known as machine politics for its ability to call out the votes “like a machine†to sponsor any political agenda. It is important to remember that these associations sprang up to provide vital services to people who had no other recourse. But because shadow government operated outside the public eye, opportunities for graft and abuse of power abounded.
The most infamous example of machine politics was Tammany Hall, headquarters of the Democratic Party in New York City. Headed by William Marcy Tweed, the Tammany Hall political machine of the late 1860s and early 1870s used graft, bribery, and rigged elections to bilk the city of over $200 million. Some of this money went to create public jobs that helped people and supported the local economy. Some went into constructing public buildings at hugely inflated expense thus lining the pockets of building contractors and suppliers of materials. But contractors and suppliers, and anyone else doing business in the city, had to give kickbacks to the bosses in order to stay in business. Many machine bosses, including Boss Tweed, amassed fortunes as a result of kickbacks and bribes.
Some of the city’s money also went for such laudable, though unauthorized, uses as support for widows, orphans, the poor, the aged, the sick, and the unemployed. Tammany supporters cited these diversions of public funds as benefits to society that worked to redistribute some of the wealth that big businesses reaped from having a pool of cheap labor. Many of the people of New York were not convinced by these arguments of the benefits of the boss system, but New York City residents who complained were threatened or had their property taxes raised.
In 1871, the New York Times published sufficient evidence of misuse of public funds to indict and eventually convict Boss Tweed and some of his Tammany cronies. The brilliant political cartoonist Thomas Nast conveyed Tweed’s abuses to even the illiterate and semi-illiterate masses of recent immigrants. Nast was offered a $100,000 bribe to “study art in Paris,” a euphemism for discontinuing his pictorial campaign against Tweed. Nast refused despite even higher offers.
To escape arrest, Tweed fled to Spain. Ironically, he was identified from Nast cartoons circulated in that country, and as a result was captured by Spanish authorities and extradited back to the United States. Samuel Tilden prosecuted Tweed, which paved the way for Tilden’s presidential nomination in 1876. Tweed was convicted in 1872 and died in jail.
In the wake of experience with political machines, reformers, who at first had simply been against the machines as a matter of principle, began lobbying for more government involvement in providing social services. These were the same services the machines purported to provide, but openly and under public scrutiny. Reformers pointed out that the social benefits provided by the political machines came at terrific public expense.
Americans have traditionally been resistant to any sort of socialism, but the arguments of the reformers made sense on both economic and humanitarian levels. City, state, and national governments began to consider the welfare of society in their planning and budgeting and to incorporate social services as an integral part of the function of government.
IS IT TRUE that Governor Mitch Daniels of Indiana has been unanimously approved to succeed France Cordova as the President of Purdue University?…the Governor’s new job will start as soon as his current duties as are completed?…this puts to rest much speculation that the Republican candidate for President of the United States Mitt Romney would eventually tap the talents of Governor Daniels to be his running mate?…that deprives us all of the opportunity to see a Vice Presidential debate between Governor Daniels and Vice President Joe Biden?…that not even the best spin doctors would have been able to help the outcome of such an event if there had been such a thing?…that this is a piece of entertainment that we shall miss but that based on the other people being considered by Romney we will not be treated to another Biden vs. Palin battle of intelligence?…that despite some hard core academics howling because Governor Daniels does not have a Ph.D and shouldn’t be a college president it would seem that somewhere in his highly successful career that whatever credential for being president of Purdue a 40 year old doctorate would have provided it that Governor Daniels has exceeded that credential?…that the people howling of a small number of people over the Governor’s academic credentials need to get over it and put their own Ph.D to work by picking up a POST HOLE DIGGER and making good use of it?
IS IT TRUE there are many people who have been contacting the CCO and expressing displeasure with the decision announced this week with respect to Roberts Stadium?…this new kind of objection really has nothing to do with the wrecking ball or the park that has been proposed?…these comments have been entirely directed at spending the estimated $8 Million to do this at a time that about $1 Billion in mandatory improvements are staring the City of Evansville right in the face over an EPA mandate on our sewers and 600 miles of obsolete water pipes?…that the Weinzapfel Administration was known for choosing short term game related expenditures over real needed infrastructure and that now the coffers are depleted yet Evansville still has a BILLION DOLLAR MONSTER in its living room?…that going forward with the construction of parks when we can’t even manage to clean and manicure what we have and with a BILLION DOLLAR MONSTER in the room is simply irresponsible?…that we hoped for better from Mayor Winnecke?
IS IT TRUE that the United States Supreme Court made a decision yesterday that overruled a lower court decision regarding the collection of union dues for political funds?…that the SCOTUS has ruled against an action taken by the California SEIU that carte blanche assessed its members for a 25% hike in dues for the purpose of establishing a “political fight back fund†to oppose then Governor Arnold Schwartzenegger’s ability to modify salaries, benefits, and pensions?…there has been a law on the books known as “the Hudson notice†that has required unions to notify their members and be given permission to make dues assessments for any purpose other than the cost of collective bargaining efforts?…the SEIU in this case just flat out ignored the law and had their actions upheld by the California 9th Circuit Court?…this important action by the Supreme Court will serve to weaken union shop politics buy more importantly establishes that the Constitution of the United States is the law of the land and that activist judges, courts, or other high ranking bodies like the Congress still can not violate the Constitution?…that this vote may just be a preview of the near future with respect to ObamaCare?
IS IT TRUE that Democrat Party Chairman Jack McNeely has sent a letter to the 8 Democrats on the Evansville City Council encouraging them to take whatever strong arm action that they can to pressure the garbage collection company into doing what the Teamsters want them to?…that while in his former job as a union boss this was expected of Mr. McNeely, in his present role it is highly inappropriate?…that actions just like this recent action by Chairman McNeely also went on in California with the overturned SEIU strong arm tactics?…that there are things that are right for union bosses and others that are appropriate for a party chair and that these things do not always equate?
IS IT TRUE that there is never a circumstance when an elected entity like the Evansville City Council should do the bidding of either the union or the company?…this is a private matter and our elected officials need to maintain their objectivity by staying out of it?
The Merry-Go-Round Restaurant is at it again! Celebrating their 64th year in business, this family eatery continues to impress!
The week of June 25th thru the 30th, the Merry-Go-Round is celebrating with a customer appreciation week. On Monday the 25th, patrons will be rewarded with ½ priced breakfast from 6:30 am to 10:30 am. The following day, Tuesday, will bring ½ priced plate lunches from 10:30 am to 1:30 pm! Wednesday and Thursday of this special week brings free coffee and tea all day in addition to ½ priced desserts!
When Friday rolls around, ½ priced spaghetti will rule the day with a small car display that will feature some outstanding rides! Saturday, the 30th, brings the annual evening cruise-in, the famous ½ priced spaghetti again, numerous door prizes from NAPA and CARQUEST, giveaways and gift certificates from the MGR and the Duke Boys performance starting around 6pm!
All week long, the restaurant will be serving the sandwich that started it all, the famous Dilly Burger!! Incredibly popular in the 1950’s and early ’60’s, this burger brings back memories for many…a bit messy but incredibly tasty!
Owned and managed by the Raeber family for the past 30 years, this little restaurant continues to carve out its own small niche amongst the many franchised dineries existing today. Even with being closed on Sundays and two weeks out of the year for employee vacations, it continues to thrive!
So choose one or more, maybe all of the days to come celebrate the Customer Appreciation Week!
Prepared By Indiana State Senate candidate Terry White
Calling for an Annual Outside
Independent Audit of Indiana Finances to Assure Accountability and
Transparency of Indiana State Finances
Around 6 months ago, you will recall that the State discovered $320 million dollars had been overlooked, the result of a software program omission that left some corporate tax payments in an agency fund rather than in the State General Fund. Then in April, they realized that $206 million dollars in income taxes that were collected for local government had not been distributed. Vanderburgh County was denied $6.6 million of revenue which it had coming to it, and Warrick County was deprived of $1.3 million as a result of these major blunders. Then, in addition, an error by the Office of the Auditor in April revealed a discovery of $536,000 in excise tax distribution and another $1 million dollars discovered in late fees paid by state agencies. In total, over $527 million have been mismanaged on a state-wide level. To make matters worse, these were not just one time oversights but an ongoing gross neglectfulness that lasted over a period of 4 years before they were discovered!
The Director of the Office of Management and Budget, Adam Horst, admits that clearly there are controls at the Department of Revenue which are an issue. Governor Daniels says that more mistakes associated with the Indiana Department of Revenue may yet surface but may be in smaller amounts. The errors cost the Revenue Department’s Commissioner and two other top-staffers their jobs. Finally, the Daniels administration and the State Budget Committee agreed in April on an independent audit to determine how the errors were made and to root out others – something the Democrats in the State Senate called for after the $320 million error, but Republicans then denied.
The denial of the repayment to the counties came after many local government officials had to implement layoffs, pay freezes, budget reductions, and other cost-cutting means to make up for the lower revenues. David Bottorff, Executive Director of the Association of Indiana Counties, said that these monies deprived to the counties caused additional hardship and additional anxiety in county offices.
While no government is perfect, the loss of over $527 million in state government, especially when every penny counts in this atmosphere, is inexcusable. This is not like someone just found the money in the cracks of the Governor’s couch. This is a major amount of tax revenue that directly or indirectly resulted in a reduction of over $300 million in public education in last year’s budget and budget reductions in our local government. The scope of this loss leads one only to logically conclude that the current system of checks and balances is not working. These are deep flaws in our State Government’s fiscal transparency and accountability to our taxpayers. No organization worth its salt, especially a public organization such as the state government that controls approximately $13.5 billion per year in revenue, should ever exclusively self-internally audit.
As a result of this unwarranted debacle, the Governor has now agreed through the state budget committee to hire the highly regarded CPA firm of Deloitte and Touche to conduct an outside independent audit aimed at identifying whether Indiana has made accounting or programming errors on top of those that led to the $527 million being mishandled.
Numerous states throughout the nation conduct independent external audits on an annual basis simply to lend credibility and honesty to state government finances. The Government Finance Officers Association (GFOA) has long been on record encouraging state and local governments to obtain an annual independent audit of their financial statements performed in accordance with the appropriate professional auditing standards. Governments desiring to issue debt often include these audited financial statements in their offering statements. Likewise, the Government Finance Officers Association encourages every state to make its comprehensive annual financial report, including the audited financial statements, transparently available on its website.
Properly performed independent outside audits play a vital role in the public sector by helping to preserve the integrity of the public finance functions and by maintaining citizen’s confidence in their elected leaders. All publicly held companies are required by the SEC to have external audits to keep their investors confident in the honesty of the system. For public companies listed on stock exchanges in the United States, the Sarbanes-Oxley Act (SOX) has imposed stringent requirements on external auditors in their evaluation of internal controls and financial reporting.
While the State Board of Accounts in Indiana performs an annual audit of the State of Indiana comprehensive annual financial report, which is prepared by the Office of the Indiana State Auditor, the problem here is systemic. Both of these entities are connected directly to the Governor without any real independence. Accordingly, it only makes common sense that an outside independent financial and compliance audit of the state and its various agencies should be performed annually to determine that: financial resources are properly accounted for; compliance with applicable laws, rules, regulations and policies are met; proper and effective internal controls are in place over entity operations; and assets are properly accounted for. This outside and independent annual audit of state government financial statements must not only look independent, but it must be in fact independent. I believe that ethical governing rests upon the cornerstones of openness, honesty, accountability, and transparency.
Because of these problems, especially when it took more than four years to find them in our current self-internal auditing setup, citizens are wondering whether or not the fox is watching the hen house. Therefore, if I am privileged to be elected to the State Senate this November, I will introduce legislation which I am calling “The Indiana Taxpayer Protection Act†to provide for a fully independent audit of state government on an annual basis with an independent CPA firm, overseen by a bipartisan audit committee comprised of a preponderance of members outside of our State’s government management and legislative sphere. This bipartisan committee (which is similar to the one recommended by Deloitte and Touche for the State of Arkansas) would provide for a government accountability commission to be comprised of five non-government citizens having no contracts with the state but possessing business and financial experience, plus one person from the executive branch and one from the legislative branch.
Restoring faith in the integrity of state government by providing annual independent audits is just one way that I will fight to protect the rights of working families in Southwest Indiana.
IS IT TRUE the Leapfrog Group releases an annual report on the best hospitals in the United States?…that this year only 65 hospitals in the country were honored with the distinction of being a Leapfrog Top Hospital?…not one hospital in the entire State of Indiana was on the list?…that California hospitals dominated the list taking 21 of the 65 awards?…the closest geographic distance for someone in Evansville to travel to be in a Leapfrog Top Hospital would be to travel to the Vanderbilt University Hospital in Nashville, TN or The Christ Hospital of Cincinnati?…that the closest children’s hospital to make the list was Cincinnati Children’s Hospital Medical Center?…it would be just wonderful if an Evansville hospital would be the first Indiana hospital to make the Leapfrog Top Hospital list and that the City County Observer encourages the local hospitals to make that a goal?
IS IT TRUE the Evansville Parks Board did as expected yesterday and voted unanimously to demolish Roberts Stadium?…that after a number of years of assaults started on Roberts by former Mayor Weinzapfel to prepare the stadium for being declared beyond repair that the prophesy hatched by the Weinzapfel Administration will finally be carried out by the Winnecke Administration?…that as much as there were lots of ideas that were put forward to use Roberts Stadium for, not one thin dime was offered up from the private investment community to utilize the stadium for a profit seeking opportunity?…that the only thing the Winnecke Administration could have done would have been to put up a for sale sign or hold a public auction to collect some small pittance and place it back on the tax rolls?…that after Roberts has met its demise at the hands of local government the best action to take is to sell the 37 acres and use the funds to establish a savings account to repair the sewers which are under EPA order?…that spending $8 Million on a park at a time that the parks are maintained on a third world level is just nuts?…that maybe Roberts had to go but there is no reason and no justification for dropping $8 Million on a park that probably won’t even be mowed on a regular basis?…that 2,300 acres for taking drugs, having sex, and drinking booze is enough for any town?…if Evansville wants to really get some cash then the City should auction off about 1,000 acres of parks so they can actually have a prayer of doing sufficient maintenance on what we have?
IS IT TRUE that on a national level the President of the United States has asserted executive privilege to keep the United States Congress from getting its hands on the documentation about the gun running operation that the Justice Department carried out in Mexico?…that this is a curious position for President Obama to take since no one really disputed Attorney General Holder’s sworn testimony that the White House did not know about or participate in gun running?…the natural thing to think is that the White House or even the President may have their fingerprints on this after all or the executive privilege is meaningless?…that if Attorney General Holder was holding back and President Obama was not involved then the course of action that starts with a charge of Contempt of Congress against Attorney General Holder should have been allowed to run its course?…that this will have some negative effect on the re-election campaign of President Obama whether he was in on it or not?…that some things are pretty mystifying?
IS IT TRUE that the Federal Reserve issued a report yesterday that basically puts the American people on notice that high unemployment will continue through the end of 2014 and that economic growth will be much lower that was projected even in April?…that the Great Recession seems to be dragging into what history may look back on and deem to have been a 2nd Great Depression?…that the traditional bag of tricks to stimulate the economy have just not done the trick and that some serious change to the change is needed?
Today the Evansville Parks Board voted 5-0 to raze Roberts Stadium.
Mayor Winnecke has proposed the demolition of Roberts, followed by the construction of a new park called Roberts Park that would contain a skate-board park, dog park, a lake and fitness areas for adults and children.
Winnecke has estimated Roberts Park with all of the amenities would cost $6 million to $8 million but has not released any quotes to back up the estimate. The Mayor has also not divulged the source of any dollars that would be used in converting these 37 acres to a park increasing the parkland in Evansville to 2,337 acres.