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State asks Court to require lawyers to follow proper process in State Fair lawsuit

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AG: Tort claim notice must be reviewed before a claimant can file suit

INDIANAPOLIS – Because a plaintiff’s lawyer did not follow the legal process in filing a lawsuit involving the Indiana State Fair incident, the State of Indiana has asked a court to dismiss the lawsuit until the proper process can be completed.

Indiana law requires anyone who seeks payment for loss or damages from the State to first file a document, called a tort claim notice, with the Indiana Attorney General’s Office. The State then has 90 days to review a tort claim and decide whether to approve or deny it. If a claim is denied, then a claimant is able to file a lawsuit against the State.

As of Monday, the Attorney General’s Office has received tort claims from six individuals concerning the August 13 stage collapse at the State Fair. Five of the claimants followed the proper process. One did not.

At the same time as claimant Angela Fischer’s lawyers filed a tort claim with the Attorney General’s Office, her lawyers on August 22 also filed a lawsuit against the State and other entities in Marion County Civil Superior Court, alleging Fischer suffered emotional trauma from witnessing the incident.

Because by statute a lawsuit cannot be filed against the State until the State has had 90 days to review and approve or deny a tort claim, the Attorney General’s Office today asked the court to dismiss Fischer’s lawsuit.

“This is not a reflection on the plaintiff’s claim, but there are deadlines and a process that must be followed under Indiana law. We can’t have one claimant try to cut in line when other claimants are following the rules,” Indiana Attorney General Greg Zoeller said.

The motion the State filed in court today in Fischer’s lawsuit spells out the correct legal process and asks that the court dismiss Fischer’s suit against the State. The tort claim Fischer separately filed still is being reviewed by the State along with those filed by other claimants.

The Indiana Attorney General’s Office represents the State of Indiana in various legal matters related to the State Fair incident. The Attorney General’s Office also administers the Indiana Tort Claim Fund.

IS IT TRUE: August 30, 2011

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Evansville's View of the Competitive World

IS IT TRUE: August 30, 2011

IS IT TRUE that today’s headline in the area’s most widely read print media newspaper boldly states “SCHOOLS GET GOOD REPORT CARD”?…that such headlines that are factually accurate yet send a very inaccurate message serve as a mechanism to enable the people of Evansville to be lulled into a false sense of security with respect to the performance of the EVSC?…that it has been stated that perhaps as many as 90% of people who read newspapers for the most part get their news and make decisions on what to read based on HEADLINES?…that this being the case that there are many citizens of Evansville who saw this headline and are feeling good about a report card that would result in ACADEMIC PROBATION and INELIGIBILITY TO COMPETE IN SPORTS if one of the students carried it home?

IS IT TRUE that when the EVSC schools are gleaned from the article the report card given the 34 schools in the report is 5 A’s, 2 B’s, 13 C’s, 5 D’s, and 9 F’s?…that when one takes these grades and assigns each school equal weighted value (as they should be), then assigns a number on the traditional college 4.0 scale that the combined performance shows that EVSC has a GPA of 1.67?…that such a score at even the easiest universities will result academic probation and ineligibility for extracurricular activities?…that the NCAA will not allow any freshman to participate in sports with a high school GPA below 2.0?…that if the EVSC was a college athlete that it could not even sit on the bench with a GPA of 1.67?

IS IT TRUE that the private schools, the parochial schools, and Signature School all got an A?

IS IT TRUE that that the headline writers and the EVSC get this need to put positive spin on negative performance honestly?…that earlier this year that a group of designated local leaders held a discussion with respect to what grade Evansville would get for its investment community activities with respect to angel and venture investing?…that this group courteously negotiated among themselves that Evansville is a 3 out of 5 or a gentleman’s C in angel and venture investing?…that there were some people in the room who know about such things that kindly expressed that the score is really a 1 or 2 (D or F) but that the GroupThink overwhelmed knowledge in awarding a C?…that the reality of the situation is that the score should reflect the actuality and that reality is ZERO?…that the propensity to grade ourselves as acceptable when the score is clearly a ZERO (F) and the need to proclaim that all is well in a headline when the numbers are really no more than a solid D is part of the problem when it comes to Evansville ever becoming competitive nationally in anything?

IS IT TRUE that the first steps to prosperity will only come when the people in charge of Evansville take their head out of the sand and local mainstream media ceases to be an enabler in spreading the myths that result in people thinking things are fine when ACADEMIC PROBATION and a score of ZERO is the reality?

IS IT TRUE we would like to take this opportunity to tell Mike Duckworth, Vanderburgh County Road Superintendent and the Vanderburgh County Surveyor, BILL Jeffers thanks for doing an outstanding job for the public good?

IS IT TRUE that it’s time for the Evansville Housing Authority to start considering to market the large vacant lot located at Lincoln and Governor for new site for affordable homes?

IS IT TRUE that we hear the 1st Ward City Councilman, Dan McGinn-Attorney shall be meeting with the City of Evansville Controller this Friday to review the entire budget of the City of Evansville General Legal Counsel in detail. …we wonder way Councilman Dan McGinn, Attorney has not been afforded the opportunity to to view this budget request in detail for the last 9 months? …City Councilman Dan McGinn, Attorney has pledge that he will make his findings available not only to area media but also to every Evansville City Council member? …we can’t wait to see a detail breakdown in the overall expenses of this department but how much his key people are being paid by the taxpayers to fund this important department?

Do Local Innovation Centers Work? Yes, If Everyone Can Get On The Same Page – Case Study

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By Lance Winslow

There sure is a lot of talk about innovation in America, and rightfully so. We are a nation of innovators, inventors, and entrepreneurs. We can build, create, and out think almost any country on the planet, or any civilization. Why is that? I believe it is due to our free-market thinking, liberty, and “Can Do” American attitude. When everyone gets in line in their thinking, and they decide there is something they want to do, they can and will make it succeed.

There was an interesting article recently in the Desert Sun, a local newspaper for the Coachella Valley. If you don’t know where that is one of the cities there is called Palm Springs, CA and it is fairly well known. The article was written by K. Kaufmann and the title was “Questions Raised as to Who Will Gain Most from iHub in Palm Springs,” and it was published on May 20, 2011. The article stated;

“The iHub, one of 12 state-designated innovation centers in California, is a partnership between Palm Springs, Cathedral City and Desert Hot Springs. Its primary purpose is to serve as an incubator for small renewable energy and clean technology companies and start-ups.”

In answering the question on that title, I have a few things to say. First off, maybe folks should stop pointing fingers about who will get the most out of it, and rather put all their energies into it. An innovation center and hub is about harvesting the accumulation of knowledge, human energy, potential, and wisdom available in the area or region, or perhaps sector of our economy. It’s about bringing all that together in a synergistic spot which radiates and flows outward with even more than what has been put in.

Therefore rather than infighting over who might get the most out of it, maybe all the participants should consider what they can put into it. In this case a local bank has donated $250,000 to the project, and the City of Palm Springs, along with the Coachella Economic Development Association have all joined hands in a common cause. It is my contention that this could work quite well. However, it must be done with a free-market flare, and without the bureaucracy or political infighting which often ensues over fiefdom’ism.

Why you ask? Well, because in the end, there is no place in a local innovation center for power grabs, or politics. So to answer your question yes local innovation centers do work, and they work quite well, but only if they are allowed to. Indeed I hope you will please consider all this because it was a topic of conversation recently at our think tank. If you have a similar program in your city or town, please shoot me an e-mail, and perhaps I can send you some good ideas along this topic.

Lance Winslow is the Founder of the Online Think Tank, a diverse group of achievers, experts, innovators, entrepreneurs, thinkers, futurists, academics, dreamers, leaders, and general all around brilliant minds. Lance Winslow hopes you’ve enjoyed today’s discussion and topic. http://www.WorldThinkTank.net – Have an important subject to discuss, contact Lance Winslow.

Article Source: http://EzineArticles.com/6291591

IS IT TRUE: Part 2 August 29, 2011

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IS IT TRUE: Part 2 August 29, 2011

IS IT TRUE that the gasoline prices in Evansville last weekend went particularly out of sight when compared with what was being charged in Kentucky?…that Evansville gas magically jumped up in price by roughly 30 cents per gallon to $3.79 in the middle of last week?…that just across the bridge in Henderson the price on Saturday was as always which is 10 cents less that it is in Evansville?…that a longer trip into the Commonwealth of Kentucky yielded an even greater differential?…that in Madisonville, KY and points south that the price of gas was only $3.49 on Saturday?…that either the people of Evansville got hosed by the stations because the Frog Follies was in town or we have another case of being fast to respond to upward price pressure but very slow to respond to dropping commodity prices?

IS IT TRUE that one or our readers has supplied us with a response they received from Indiana Senator Jim Tomes to a recent inquiry about how the state government may be able to represent the people of Indiana regarding the excessive pricing of electricity by Vectren?…that the text of that response is as follows?

“Your thoughts and opinions are an important part of the legislative process and I respect your comments. I understand your feelings very well. During the last legislative session (which was my first session), the lobbyist for Vectren came into my office to make introductions. I spoke very direct to them. I explained that I understand their situation with federal government mandates that imposes more cost on them to comply with more emission controls. However, I pointed out that my first concern is the ratepayers and the folks who are struggling, deciding whether to pay their electric bills or buy groceries. There is a lot more to all of this than what was in the newspaper article. I will always do my best to keep the citizens’ interest first in line. If I may ever be of assistance to you, please feel free to contact me. Sincerely, Jim Tomes State Senator 200 West Washington Street Indianapolis, IN 46204 (317) 232-9489 senator.tomes@iga.in.gov”

IS IT TRUE that as long as big business pays people to go into the offices of our legislatures and our legislators receive them, governmental will continue to defer to big business?…that Vectren is but one of many companies that employs lobbyists to pester elected officials to do what they want them to when it comes to a rate increase?…that most private businesses that employ lobbyist actually have to compete in free markets?…that the free market for electricity in SW Indiana does not exist?…that the former USSR was about as free of a market as we have here when it comes to electricity?…monopolies that are granted by the state would make Karl Marx proud but have no business engaging in advertising or lobbying?…that all of those dollars spent on billboards, advertising, sponsorships, and LOBBYING are really paid for by the ratepayers money?…that government granted monopolies seem to act very much like governments and that is something that we already have enough of?

IS IT TRUE that the only local elected official that seems willing to even question Vectren on behalf of the people of SW Indiana is State Representative Gail Riecken who is currently doing speeches at civic meetings to advise citizens of their rights when it comes to questioning their utility bills?

Evansville Otters vs Normal Cornbelters Aug. 30 – Sept 1

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After a 2W-1L record in their away games against the Grizzlies this weekend, the Evansville Otters will be facing the Normal Cornbelters on Tuesday, Wednesday, and Thursday of this week. Come out to Historic Bosse Field to support our local Evansville Otters as they continue this successful season. Games start at 6:35 each night.

Enrollment record at USI

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University of Southern Indiana set a new enrollment record when fall 2011 course registration closed on Friday, August 26. The University has 10,820 students enrolled for the 2011-2012 academic year, up from the previous record, 10,702, set last year.

“The number of new undergraduate students on campus reached 2,807, the highest since 2005 when 2,811 new students enrolled,” said Dr. Ronald S. Rochon, provost.

The majority of students, 5,145, continue to come from Vanderburgh and contiguous counties, along with 1,302 students from nearby counties. This year the number of students from central and northern Indiana counties increased to 2,825 students. Students also come from 43 other states and 60 other countries.

“We are at capacity in campus housing,” Rochon said. USI serves 3,000 students in apartments and residence halls on the campus.

The student census shows that women represent nearly 61 percent of the students and 75 percent of students are under 25 years of age. Those over 25 years of age increased by 90 students

Minority and international students represent more than 10 percent of the student population. “One of the goals of the University′s strategic plan is to increase diversity among students, faculty, and staff,” Rochon said. “We continue to work to grow in that area. USI views a diverse student population as an important educational resource that enhances learning and academic development plus helps strengthen our commitment to multiculturalism.”

The numbers indicate undergraduate students remain at USI for their education. The junior-level students′ total is 1,970 and the seniors number 2,376. Of the enrollment total, 941 students are pursuing graduate studies.

“USI is becoming more selective of the students it accepts, and the credentials for the Class of 2015 are good.” Rochon said. “It shows in the high academic profile and service records of the new students. While many of the new students are top performers in high school and community college, we review, with an holistic approach, community service and leadership skills as we evaluate applications for admission.”

Another notable statistic for the Class of 2015: 14 sets of twins are among the new students.

Classes for the fall semester began August 22 and will continue through early December.

Downtown Today: 8/29/2011

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Time 9:30 AM – 10:30 AM
Subject COMMERCIAL REVIEW COMMITTEE
Location 318
Recurrence Occurs every Monday effective 8/1/2011 until 8/29/2011 from 9:30 AM to 10:30 AM
Reminder 15 minutes
KATHIE HOLLEY @ 5228
Categories ROOM 318

Time 5:00 PM – 8:00 PM
Subject EPD HRG
Location 307
Reminder 15 minutes
The meeting starts at 6 and should last no longer that 8.

Rick Hubbard
Categories ROOM 307

Mergers Do Not Always Save Money

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The WSJ has published an analysis that concludes that political expediency often results in causing mergers to result in increased spending as opposed to taking advantage of economies of scale. The reason of course could easily be interpreted as consolidation committees like our local one deferring the examination of “sacred cows” far into the future.

Excerpts:

“But a number of studies—and evidence from past consolidations—suggest such mergers rarely save money, and in many cases, they end up raising costs.”

“the consolidated city finds it politically expedient to take on the more-expensive version of everything.”

“The logic often cited behind consolidations is saving money by shedding layers of management or having departments share equipment such as snowplows. But managers and equipment account for far less than half of local governments’ expenses—most of their cost is rank-and-file labor.”

“Still, when it comes to controlling local government’s largest cost—labor—smaller governments generally do better.”

“In government, the whole idea of economies of scale is turned on its head,” said Wendell Cox, who produced the report for Township Officials of Illinois, an umbrella group for the state’s townships.”

“But Mr. Cox, the consultant, and a visiting fellow at the conservative Heritage Foundation, has prepared reports for township organizations in other states, including New York and Pennsylvania, that all found small governments cost less than big ones. “Anyone who looks at the data is going to come to the same conclusion,” he said.”

http://online.wsj.com/article/SB10001424053111904875404576532342236074926.html?mod=WSJ_hps_sections_news

IS IT TRUE: August 29, 2011

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The Mole #??

IS IT TRUE: August 29, 2011

IS IT TRUE that we are cautiously relieved about how the hurricane was handled as it made its way up the Atlantic coast?…that it seems as though the advanced planning and warnings along with evacuations were handled about as good as they could have been?…that the Mayor of New York City, Mr. Michael Bloomberg did a particularly masterful job of constant communication as did New Jersey Governor Chris Christie?…that Mayor Bloomberg was particularly animated when speaking about the two idiots who paddled out into the New York harbor in kayaks?…that these fools of course capsized and were saved by a first responder boat that risked their own lives to save these fools bacon?…that both of these idiots were cited legally for their kayak ride?

IS IT TRUE that the east coast and parts near are not out of the woods yet?…that there is a dam in New York state that is weakened and is teetering on breach?…that this takes our memory back to the aftermath of Hurricane Katrina where the breach of a levy started that whole mess that made our country look inadequate in responding to a natural disaster?…that with up to date and adequate infrastructure that the aftermath of Katrina would have been much less disastrous?…that if this dam in New York breaks even though it is in a lightly populated area that it could have some rather nasty repercussions?…that it seems as though the entire nation including Evansville is inadequate when it comes to maintenance of infrastructure or even parks?…that the same mentality that smiles and bobs its head approvingly at the prospect of spending $18 Million on 8 ballfields when the other 50+ ballfields are not even being mowed is pretty much a throwaway mentality?…that such ways of doing business do not work in Evansville nor do they work anywhere else?

IS IT TRUE that yesterday’s IS IT TRUE regarding the question of what is a “Mainstream Democrat” got us quite a few responses?…that it is pretty universal among the readers of the City County Observer that the one thing that Evansville “Mainstream Democrats” really do not have a grasp of is what a “Mainstream Democrat” is?…that there are plenty of registered democrats in Evansville and its surrounding cities that would be classified as RIGHT WING REPUBLICANS if they were given a questionnaire?…that the old saying of “to thine own self be true”, doesn’t seem to be followed within local “Mainstream Democrats”?

IS IT TRUE that the Mole Nation (meaning more than 5 moles) is telling us that some devout “Mainstream Democrats” are planning a fund raising event for the Republican candidate for Mayor of Evansville?…that we wonder if this event if it is actually held will be sanctioned by or attended by any of Evansville’s “Mainstream Republicans”?…that this place gets more interesting every day?

IS IT TRUE that crossing party lines is a healthy exercise in the electoral process?…that rather than “Mainstream Anything” what this city, state and nation really needs are people who think before they vote and have the capacity to make decisions based on something more than sound bites and appealing physical features?…that for once the City County Observer hopes that the Evansville City Council will have balance and cognitive thinking ability so that our next mayor is made better by the City Council as opposed to just telling them what to do?

Gibson Guitar Factory Raided by Federal Marshalls

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Is it even possible to manufacture anything in the United States anymore? Gibson Guitars are an American classic that has two factories in Tennessee. They moved to Tennessee from Michigan years ago. Feds allege that Indian business needs to do more work before sending the material to America for finishing. Who are the feds working for anyway?

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