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Reader’s Comment on Campus Free Speech Zones

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From Pressanykey from the US Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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Just what has prompted the University of Southern Indiana to think it can make exception to the above amendment to the US Constitution? Being a university gives it no special status or exemption.

IS IT TRUE August 28, 2012

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The Mole #??

IS IT TRUE August 28, 2012

IS IT TRUE that some of us who filled the tank up during the last couple of days are looking smart right now as gasoline increased by 5% overnight in Evansville and most of the Eastern United States in response to speculation that Hurricane Issac will disrupt production in the Gulf of Mexico, temporarily freeze distribution, and cause safety related shutdowns at some refineries?…that this time we may be in for a triple whammy on gas prices as there is a refinery in jeopardy of being shut down in Philadelphia and it is of course coming up on Labor Day weekend when somehow gas prices always seem to rise some?…if this triple whammy does the kind of damage that it can Evansville could easily be looking at regular unleaded gas in the $4.25 range by mid-September?…that should add a little spice to the presidential campaigns?

IS IT TRUE that as powerful as the office of the president is, these guys can’t control the weather, have never had any success from pleading with oil companies for relief, but can pass exploration friendly legislation and issue distribution enhancing permits?…that the USA does not has about as much of an energy policy as the City of Evansville has a master plan of relevance?…just as Evansville has had a long term problem with planning the United States has stubbornly resisted establishing a long term energy policy?…what we have now is a mishmash of crony deals some of which are favorable and some of which are oppressive to good energy decisions?…it has been 40 years since the first Arab oil embargo that caused gas to jump from 25 cents to 40 cents 3 months after this writer got a drivers license?…that of all the things that the candidates for president need to release some specific policies on energy is perhaps the most important one to the economy?…many balls have been dropped with respect to energy policy during the last 40 years but the last four under President Obama have seen the American public’s retail spending on gasoline more than double?…that tank of gas that was $35 in 2008 is now over $70 and that for a household with two average use vehicles is spending nearly $300 per month more on gas than they were 4 years ago?

IS IT TRUE that the City County Observer encourages all of our readers to think good thoughts for the people of the Gulf Coast and especially the City of New Orleans as Hurricane Issac approaches?…those of our readers who pray are encouraged to do so for the safely of the people of the Gulf and the infrastructure that they can come home to?…the last thing that is needed at this time is for another Katrina style disaster like what started 7 years ago yesterday?

IS IT TRUE that the City of Evansville is holding a meeting at Bosse High School tonight at 5 o’clock to discuss the plan to eliminate combined sewer overflows in the City of Evansville?…this is a welcome step as this has plagued the south and southeast sides for half a century?…it took a gun to the head of the City by the EPA to get local leaders off their backsides to get this much needed repair in the queue?…one can pontificate until they are blue in the face about how arenas and unification will help economic development but any good that may happen is nullified when a site selector takes a deep breath of Bee Slough air?…this should have been done 30 years ago, it will be expensive, but eliminating the combined sewer overflows will go further to making Evansville a desirable place to live and work than everything else combined?…the water and sewer bills will be among the highest in the nation to go along with the electricity when this is done BUT Evansville will finally be a place that is free of the smell of derrière’?

Gas Price Map of the United States: How do we compare?

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Between the disruptions in supply threatened by Hurricane Isaac and the possible shut down of a Philadelphia refinery the predictions of higher gas prices come true. It is once again a good time to see just how Evansville is shaping up in the latest price gouge?

Evansville stations reporting range from a high of $3.95 to a low of $3.60 while across the money saving bridge in Henderson there is no difference at all so don’t bother heading to the Bluegrass state for a deal? Gas Buddy is still reporting that the average price in Evansville is $3.88 and rising but that was yesterday and today most of our information looks as though $3.95 is the prevailing price.

Nationally Santa Barbara, CA is the biggest loser with an average of $4.33 whole El Paso has the cheapest gas at $3.37. Evansville holds its typical position of a dime or so above above the median at $3.77.

http://gasbuddy.com/gb_gastemperaturemap.aspx

Chief Judge Lloyd’s Response to Opponent’s Allegations

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CHIEF JUDGE LLOYD’S RESPONSE TO OPPONENT’S ALLEGATIONS

Normally, I would not respond to my opponent’s claims, but when his charges mislead the public, I feel compelled to reply. His statement that in my “6 plus years” as Supervisor of Family Court “not one meaningful change has been made” is entirely incorrect.

Here are some of the changes in Family Court during my twelve years as Judge:

• In 2006, I chaired the Committee that updated our local Family Law Rules which contain a provision allowing the litigants the ability to have the same Judge or Magistrate continue to hear their case for subsequent hearings.
• Superior Court also has a parental education workshop for divorcing parents to encourage cooperation and mediation between separating and divorcing parents. The goals of this workshop are to aid the children of divorcing parents by helping the parents with post-separation parenting issues and to encourage agreements between the litigating parents in the best interest of their children.
• I was instrumental in increasing the number of Summary Hearings held in our Family Cases. These provide litigants relatively quick and with less expense court intervention to resolve their issues before matters worsen.
• In 2003, I sought and received an Indiana Supreme Court appointment to its Domestic Relations Committee. During my five years with this Committee, we created a manual to be used by other Domestic Relations Courts throughout the state of Indiana, so that more continuity would exist in all Family Courts of Indiana. We also worked on amending the Indiana Child Support Guidelines to make them more fair, consistent and predictable for the parties. We also helped create an on-line child support calculator so litigants would have the tools to determine child support issues for themselves.
• In 2008, I began our Family Court Project which for nearly five years has helped indigent families in domestic matters resolve their own case to their satisfaction by creating a free clinic where lawyers assist them with creating court agreements. With this program, we also referred many disagreements to mediation, so families did not have to come to court, and referrals could be made for counseling when needed. In our very first year, we were able to help 63 families and 81 children. As time progressed, our program became so successful that the State of Indiana asked us to create a handbook for other counties, so they too could create their own Family Court Project like Vanderburgh’s plan. Recently, Daviess and Pike Counties cited our handbook when applying for their own Family Court grants. As we approached our fifth year, we expanded our Family Court concept by creating the Alternative Dispute Resolution Fund which is used specifically to mediate family cases in a greater number. With the aid of a trained mediator, indigent and non-indigent families will have the opportunity to resolve their differences outside of the courthouse and with less impact on their children.
• In 2009, our community saw the creation of the Parenting Time Center which is a safe place for children during tumultuous parenting time exchanges and for children to have supervised visits with a parent. As a Judge, not only have I sent parents and children to the Parenting Time Center, but I have also assisted the Center with obtaining grants to continue its operation.
• Beginning September 1, 2012, our Court system is being restructured to meet the changing needs of our community. Paternities cases which have increased in number over the years will join domestic relations matters to create a true Family Court where four Judges and a Magistrate will focus their resources to resolving these cases quicker to seek positive outcomes. Drug and Alcohol addictions will be addressed earlier by the Courts with a specialized Class D Felony treatment court, and the Juvenile Court will have more time to focus on children. My initial reservations about such a total revamping of the Court system were alleviated once we, seven Judges, developed a well-reasoned, thoughtful plan to optimally address our community’s needs from its Court system.

West Nile Virus Update to Kick-off Traveling City Hall Meeting

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EVANSVILLE, IN – Vanderburgh County Health Department officials will give an update on efforts to combat the West Nile virus at the Traveling City Hall meeting Wednesday, August 29, at Helfrich Park STEM Academy, 2603 W. Maryland St. The meeting will begin at 5:30 p.m. with a presentation by
Vanderburgh County Health Officer Dr. Ray Nicholson, who will be available after the presentation to respond to specific questions. The meeting will end at 7 p.m.

Traveling City Hall is an opportunity for residents to meet with Mayor Lloyd Winnecke and various city department heads to ask questions or simply discuss the status of our community. Among those attending the meeting will be Evansville Water & Sewer Utility General Manager Allen Mounts; Phil
Hooper, director of the Department of Metropolitan Development; Building Commissioner Ben Miller, and Evansville Police Chief Billy Bolin.

Traveling City Hall meetings are usually held on the last Wednesday of each month at different locations in neighborhoods throughout the city from 5:30 to 7 p.m. A special Traveling City Hall meeting has been set for Saturday, September 15, at Eastland Mall from 10 to 11:30 a.m. More details will be released closer to the event date.

Blackard Hits the Airwaves with 1st TV AD

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Barry Blackard, candidate for Vanderburgh Superior Court Judge in the Juvenile Division, hits the airwaves today with his first television ad entitled “Integrity.” The ad will run on cable and during local broadcast television newscasts over the next two weeks.

The campaign commercial provides information about Blackard’s local roots and qualifications, including his years working as a public defender in Vanderburgh County where he has handled hundreds of cases in both Circuit and Superior Courts, including the Juvenile Division. The ad’s message includes a pledge that Blackard will not accept contributions from lawyers or others appearing before his court, a current practice that could create possible conflicts of interest. The commercial refers to Blackard as “a new kind of people’s judge.”

“As the campaign unfolds, I look forward to meeting personally with as many voters as possible to discuss problems with our current courts,” Blackard said. “I will be a full time judge and will make sure the courts are more accountable to the taxpayers.”

Blackard, 32, is an Evansville native and graduate of Evansville Central High School. He attended undergraduate school at Indiana University in Bloomington and earned his law degree from Atlanta’s John Marshall School of Law. He and his wife Kristyn reside on Evansville’s North side with their two sons.

If you would like more information, please contact Barry at blackardforjudge@gmail.com.

Grandview Towers Apartment Fire

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Fire Investigator Richard Howard has classified the 1st floor apartment fire as accidental. Howard stated that the 3rd alarm fire that caused one fatality and the building’s inhabitants to be evacuated was caused from smoking materials on the bed. Howard also concluded that the intensity and rate of spread were highly increased due to the occupant’s use of medical oxygen.

Firefighters quickly extinguished the early evening blaze, but were on scene for nearly 5 hours, evacuating occupants, retrieving medicine and checking on animals left in the apartments. The fire severely damaged only one apartment, but caused several others to have moderate smoke damage and dozens more to have smoke exposure.

Nearly 60 Firefighters responded to the scene and AMR transported a dozen occupants to area hospitals for “non-life threatening” conditions, mostly due to smoke inhalation and anxiety.

Gallup-Rasmussen Poll: August 27, 2012, Obama Widens Lead in Rasmussen Poll, Slips in others

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The Rasmussen Tracking poll today shows President Obama with a 47% – 44% lead over Mitt Romney while Gallup’s Tracking poll shows Romney leading at 47% -46% each.

The average of these two polls is now showing the Romney/Ryan campaign with 45.5% and the Obama/Biden at 46.5% for the second lead of the ticket in a week.

The average approval rate for President Obama despite leading is at negative 0.5% meaning that the 1% more of those polled disapprove than approve of the Presidents job performance. The average approval rating for the President was 47.5% and the average disapproval was 48.0%.

In a surprise poll ABC now has the Romney Ryan ticket leading by 1%.

AG Zoeller files suit against ex-school superintendent for $615K

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TELL CITY, Ind. – Taking action in one of the largest government misappropriation cases in recent years, Indiana Attorney General Greg Zoeller’s office today filed a lawsuit against a former school superintendent in Cannelton who misspent more than $615,000 in public school funds, according to an audit. Zoeller said he hopes the civil lawsuit the State has filed against the terminated ex-superintendent will send a message to other government employees who handle public money that they can’t embezzle or misspend public funds without legal consequences.
“The amount that the audit found misappropriated is simply shocking even without the misuse of a trust fund gift worth one-third of a million dollars; but what’s truly disheartening is that a top school official – a person to whom teachers, students and parents ought to look to for leadership – has drained public school funds intended for children’s education in order to overpay himself. This is a betrayal of the public trust, and my office will use all our legal tools to make this individual reimburse the school system,” Zoeller said.
Named as a defendant in the Attorney General’s civil lawsuit is Marion A. “Al” Chapman who was school superintendent in Cannelton City School Corporation from July 2005 to December 22, 2011, when the school board terminated him. A State Board of Accounts certified audit report issued August 14 found that Chapman owes Cannelton schools a total $615,586.55 for public funds that he overpaid himself, a trust fund gift he misused, ineligible travel advances he took, fees and penalties incurred due to his actions, and costs of the audit.
In the certified audit report of the Cannelton City School system’s finances spanning July 2005 to December 2011, State Board of Accounts examiners found multiple types of misappropriation by Chapman:

· Over six and a half years, until his termination, Chapman authorized additional payments to himself beyond his contract. Through payroll or annuities he was overpaid a total $206,688.27 that he must repay, the audit found.

· The school corporation received $333,333.33 – one third of $1 million – as a gift from the Dorothy von Solbrig Income Trust in 2011. By law, the base amount or principal of such a gift from a trust is to remain untouched; but any interest income derived from it can be used by the school corporation. Interest from this gift was intended for high school improvements or scholarships. Instead, the audit said, Chapman instructed the school treasurer to use the gift to pay invoices and catch up on withholding taxes the school system owed. The audit found the entire gift amount – the principal, not the interest – had been disbursed, and the school’s general fund was overdrawn by $430,091. The State Board of Accounts found that Chapman must repay the school system the entire trust gift amount.

· Because of Chapman’s discontinuing payment of federal taxes, Cannelton schools owed delinquent taxes to the Internal Revenue Service. The school system then incurred $50,185.64 in attorneys’ fees for legal representation in the IRS tax case. The audit found Chapman must reimburse the attorneys’ fees.

· Chapman was pre-paid a total $9,000 in “travel allowances” even though the State Board of Accounts does not allow such advance payments. Travel expenses must be reimbursed only after the fact and when supported by receipts; so the advances must be repaid, the audit said.

· Another $1,221.42 in various penalties, interest, late fees and other charges were incurred by the school system while Chapman was superintendent and responsible for its funds. The audit said they must be repaid.
The direct loss to the Cannelton City School Corporation was $600,428.66. In investigating the misappropriation, the State Board of Accounts incurred another $15,157.89 in audit costs, an expense also sought from Chapman.
When the State Board of Accounts issues a certified audit report, it authorizes the Attorney General’s Office to attempt to recover the money to reimburse the public treasury for the amount misappropriated. Zoeller’s lawsuit, called a complaint to recover public funds, was filed today in Perry County Circuit Court against Chapman. It seeks $615,586.55, plus treble damages, attorneys fees, costs and prejudgment interest.

Through his role as lawyer for the State Board of Accounts seeking to reimburse the public treasury, the Attorney General has legal jurisdiction to file civil lawsuits. This is the 46th lawsuit since January 2009 where Attorney General Zoeller’s office has sought a temporary restraining order following an audit where the State Board of Accounts found misappropriation by a public official or government employee.

The original balance sought in the Cannelton lawsuit is one of the largest the Attorney General’s Office has sought since January 2009 when Zoeller, shortly after taking office, began aggressive civil prosecution of misappropriation based on certified audit reports. In November 2009, Zoeller’s office filed suit in Madison County against five former employees of the Town of Chesterfield accused of embezzling $259,626 in town funds. A civil judgment including triple damages against one of the defendants who was held jointly and severally liable now totals $747,347, which the Attorney General’s Office still is seeking to collect.
Also today, the Attorney General’s Office asked the Perry County Circuit Court to issue a temporary restraining order to freeze ex-superintendent Chapman’s assets, including bank accounts, pension and retirement accounts and Chapman’s four vehicles – a 2008 Chevrolet Silverado, a 2008 Dodge Grand Caravan, a 1995 Pontiac Grand Prix and 1993 Ford Econoline. Perry County Circuit Court Judge Lucy Goffinet today signed the temporary restraining order and scheduled a hearing for 1 p.m. August 30 on the State’s motion for a preliminary injunction. If granted, the preliminary injunction would prevent Chapman from selling, transferring or concealing property until the underlying lawsuit is resolved to preserve assets that could be recovered later to reimburse Cannelton City Schools for the amounts misappropriated.
In the State’s underlying complaint to recover public funds, Zoeller asked the court to enter a civil judgment against Chapman. If it is granted, the Attorney General then could pursue the monetary judgment through collections, and could seek to attach liens on property, garnish wages or take any other actions a creditor could take against a debtor to collect on a debt.
Also named as defendant in the lawsuit filed today is Indiana Insurance Company of Indianapolis. Each year Chapman was employed as superintendent, the school had a $1 million insurance policy through the company, covering errors, omissions or crime by school leaders. By naming the insurance company, the State’s lawsuit seeks payment on the policy to reimburse the school treasury for the loss. Any portion not covered by insurance would be Chapman’s personal responsibility, Zoeller said. Whether a public official is civilly responsible for repaying misappropriated funds is a separate issue from whether they are criminally responsible for a loss. Decisions about any criminal charges would be up to the county prosecutor’s office.

In 2009, the Legislature at Zoeller’s urging passed House Enrolled Act 1514-2009 that allowed the Attorney General’s Office to intervene earlier if misappropriation is suspected in government offices. The new law also increased the amount of surety bond that officials are required to carry, to a minimum $30,000. So that one individual is not left with the sole ability to charge expenses to taxpayers without some oversight or accountability, Zoeller also has recommended that government offices require approvals from at least two employees to authorize expenditures of public funds.

Centenary United Methodist Church Autumn Festival

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Centenary United Methodist Church is pleased to present their annual Centenary Autumn Feastival on Saturday, September 22 from 11 AM-8 PM. This fun, family oriented, community event features live entertainment, a country store, a field of inflatable adventures, and carnival games and prizes. A large variety of home cooked favorites and carnival foods will be available for indoor dining or outside under the tents.

Other family friendly activities include Old MacDonald’s Petting Zoo, tractor rides, and more. For $2, kids can enter the Kids Pedal Tractor Pull at noon. For a $5 entry fee, attendees can enter a corn-hole tournament, with registration beginning at 2:30. Trophies and gift cards will be awarded to tournament winners.

The entertainment lineup for the event includes: North High School Barber Shop Quartet at 11 AM, the Scott Thomas Magic Show at 2 PM, Landon Sholar as Elvis Presley at 3:30 PM, Keith Schmett, Pianist, and the Dulcimer music group at 2 PM. The Duke Boys will be the main act on the stage with 4:30 & 6:30 p.m. performance.

The Festival’s silent auction and live auction, beginning at 5:30 PM, will feature a large selection of merchandise and services. During the live auction, bid on items such as Droste’s designer jewelry, Brighton handbag from Graceful Lady and Grace’s Toys, handmade quilts, lawn equipment, antiques, 46” LCD HDTV, furniture, and more!

A huge indoor rummage sale and bake sale will begin at 8 AM in the Centenary’s Family Life Center. This rummage sale will feature household items, collectibles, and more!

Call the Centenary United Methodist Church’s office for more information at (812) 867-3920 or visit www.centenaryevansville.com.

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