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TreeRoots: Genealogy the Next Level

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Terry Prall
Willard Library

Special Collections Department
21 First Ave, 2nd Floor
Evansville, IN 47711
For Reservations Call : 812-425-4309 or
Email: lmartin@willard.lib.in.us

Book vendors will be located in the park throughout the day

Willard Library & The Tri-State Genealogical Society

P r e s e n t :
TreeRoots: Genealogy the Next Level

Willard Library
Special Collections Dept
21 First Ave, 2nd Floor
Evansville, IN 47711
For Reservations Call : 812-425-4309 or
Email: lmartin@willard.lib.in.us

Saturday September 18, 2010 9:00 am until 4:00 pm Registration begins at 8:00am

FREE All Day Workshop Entire Workshop Earns (4) LEU’s

Terry Prall, is a retired teacher; his genealogical adventure began in 1990. He has attended the Institute of Genealogy & Historical Research at Samford University, 2001 and The Salt Lake Institute of
Genealogy, 2000-present. The many conferences he has attended include the following: The Midwestern Roots Conference, Indianapolis, Indiana, several NGS, FGS and many local/regional conferences.
His research is centered mainly around the Midwestern States, Mid-Atlantic States, Connecticut, Virginia, and Kentucky. His recently published family history is titled:
“Prall, McHugh, Faucett, Crail & Allied Families.”

Session Topics:

(Please make reservations for each individual session that you plan to attend)
•Each Session last 60 mins. • (2) Breaks 30 mins • Lunch 1 1/2 hrs.
9:00 to 10:00 Using Online Resources to Complement Onsite Research
10:30 to 11:30 Researching Collateral Ancestor
11:30 to 1:00 Lunch ( Order Lunch Or On Your Own )
1:00 to 2:00 Mining Family Histories and Compiled Genealogies
2:30 to 3:00 Using City Directories to Fill in the Blanks

To order Lunch, fill out the form below and send it with a Check made out to Ann Farney, in the amount of $6.50, per Lunch.  # of lunches needed.
(To guarantee a lunch, your order needs to be at the Library by Tuesday September 14, 2010)
Name ___________________________________________________
Sandwich: Sides: ( choice of 2 ) Drink:
____Chicken Salad ____Cole Slaw ___ Coke
____ Ham ____ Potato Salad ___ Diet Coke
____ Chicken ____ Macaroni Salad ___ Water
____ Baked Beans
Regular Chips and (2) Cookies are included in the price

Vietnam Wall – A Place of Healing and Remembrance

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Don Counts

By: Don Counts, USMC, a proud Vietnam Veteran

When the Vietnam Wall was being designed many veterans sent in suggestions on the design. At the time I favored a more traditional design and sent in my suggestions, but after the Wall was approved, it has become a great landmark and a place of healing for those of us that came home from the war. Through the years every time the wall comes to our area I have to go and reflect upon the memories of my brothers in arms whose names are on the Wall. I can’t help myself when the Wall is near I have to go.

I have known five men that are on the Wall. In years past I have always gone alone or with other veterans. This year my wife, Betty, and great grandson Ryan, went with me. The feelings and remembrances were the same but my composure was much better. As I walked around, finding my brothers names on the wall, my pride of service was high as friends would see me and come over, give me a hug and say “Thank you for your service”.

Rolling Thunder provided an excellent ceremony at the Wall in honor of the fallen heroes, on Saturday with the honor and dignity that the men on the Wall deserve. The Marine Corps League 1090 (http://www.mclrivercities.org/) provided security along with other veterans throughout the hours the wall was on display. This made it possible for the wall to remain open and secure for 24 hours of continuous viewing.

Next door to the Wall’s display was an art exhibit in the skating rink by a Vietnam War vet. His art has aided his healing by allowing him the self expression of drawing the nightmares that continue to rage in his head. He has a book containing his art titled “The Loss of Innocence, Wake Me When it is Over” by Vietnam Combat Veteran Rick McCarty. As I walked through the display, memories replayed, as it did for others I talked to at the exhibit.

Shortly after joining the Marine Corps in 1962, I was deployed to the USS Enterprise where we were positioned off the coast of Cuba during the missile crisis, waiting for President Kennedy to decide if we were going to attack. We came home to no fanfare, parades, or hearing anyone say thank-you. I went to Vietnam in 1967 to 1968, serving 13 months. I again came home again to no fanfare, parades, or a thank you. I served a total of 24 years in the Marine Corps. This is why the wall means so much to Vietnam Vets; we are getting our thank you.

Many Vietnam era veterans are active in Military Organizations trying to insure the veterans of today are thanked and know that their serve is appreciated.

I would like to thank the Mount Vernon American Legion and all the other veterans organizations that worked so hard to bring the wall back to the tri-state once again.

HELP SHAPE INDIANA’S DISABILITY PLAN!

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The Indiana Governor’s Council for People with Disabilities is gearing up to prepare Indiana’s State Disability Plan for 2012-2016. The completed plan will be used to guide the work of the Council, including its training and dissemination activities, the events it sponsors, and the projects it funds.

Here is your chance to participate in the process! The Council is arranging two ways you can add your voice to the planning process.

1. TOWN MEETINGS
The Governor’s Council for People with Disabilities has commissioned the Indiana Institute on Disability and Community to assist them in facilitating eight Town Meetings across the state to gather ideas from individuals with disabilities and family members about the priorities that should be addressed in the upcoming State Disability Plan.

The Town Meetings will be held in the early evening in these places on these dates – please sign up and register for the one you would like to attend. Be sure to fill out a separate RSVP for each person wishing to participate

Evansville Town Meeting: Monday, October 18th Please register at http://www.cwlab.org/ BEFORE NOON on Friday, October 15.
Evansville Town Meeting
Monday, October 18th
6:00 – 8:30 p.m. CENTRAL TIME
Deaconess Health Sciences Building – Johnson Hall
600 Edgar St.
Evansville, IN 47710

Gary / Merrillville Town Meeting: Monday, October 25th Please be sure to register BEFORE NOON on Friday, October 22nd.

South Bend Town Meeting: Tuesday, October 26th Please be sure to register BEFORE NOON on Friday, October 22nd.

Richmond Town Meeting : Monday, November 8th

New Albany / Clarksville Town Meeting: Monday, November 15th

Completed Town Meetings

Indianapolis Town Meeting: Monday, August 30th – Report of Findings is now available.

Fort Wayne Town Meeting: Monday, September 20th – Report of Findings is now available.

Terre Haute Town Meeting: Wednesday, September 29th – Report of Findings is now available.

Town Meeting Topics

At each Town Meeting, there will be “Table Talks” designed to gather ideas about issues of concern to the participants, especially focusing on potential solutions. When you register for a Town Meeting, you’ll also be asked to indicate your TOP THREE topic choices – we will try to assign you to a table dealing with one of your three choices. Your choices plus those of others attending the same Town Meeting are also tallied to determine which 5-6 of the possible table topics will be selected for that Town Meeting.

The ten topics are as follows:

Education (Prekindergarten – 8th grade)

Education (9th grade – Post High School)

Employment

Housing

Transportation

Leadership Development

Service Systems and Quality Assurance

Community Participation and Access

Health Care

Long Term Care and Supports

2. STATEWIDE SURVEY

This year’s Disability Poll will focus on “Priorities and Solutions” for addressing issues of importance to the disability community in Indiana. Information from this survey will be used in the development of Indiana’s State Disability Plan. People with disabilities, family members, and advocates are invited to share their ideas in this survey.

Stay tuned for the start-up of this survey in September!

The Disability Poll is conducted annually through a collaboration among Indiana’s Developmental Disabilities (DD) Network: the Indiana Governor’s Council for People with Disabilities, the Indiana Protection and Advocacy Services, and the Indiana Institute on Disability and Community.

Questions about the Town Meetings or the Statewide Survey?
Vicki Pappas
Center for Planning and Policy Studies
Indiana Institute on Disability and Community
2853 East Tenth Street
Bloomington, Indiana 47408-2696

Toll Free: (800) 825-4733
Phone: (812) 855-6508
TT: (812) 855-9396
E-mail: cpps@indiana.edu

2010 Vanderburgh County Democrat Party Event Schedule (September 4th Edition)

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Democratic Symbol
9/6 9AM Labor Day Parade Warrick County Fairgrounds, Boonville, IN
9/7 5:30-6:30PM The John F. Kennedy Club of Vanderburgh County – Monthly Meeting – Evansville Labor Temple – 210 N Fulton
9/7 6PM BPAGE (Business & Professional Alliance of Greater Evansville), PFLAG (Parents, Families & Friends of Lesbians and Gays) and the Tri-State Alliance (TSA) will have a joint candidates’ night on Tuesday, Sept. 7 at Jayas, 119 SE 4th Street, Downtown Evansville. The event will be held in the bar part of the restaurant. 6pm will be a social time, and 6:30pm will be meeting where the candidates will each be given a few minutes to talk.
9/8 6:30-7:30PM Vanderburgh County Democrat Club – Monthly Meeting Evansville Labor Temple
9/9 5:30-7PM VCDP Reception –An Evening with the Office Holders – The Pagoda 401 SE Riverside Dr. $100 Per Ticket, $500 Sponsorship
9/11 7AM YMCA 10k (Downtown YMCA)
9/11 11AM-1PM Hayden Barth For County Council Fundraiser – Evansville Labor Temple – 210 N Fulton Ave More details BBQ Chicken Plate $10 Per Person
9/11 10AM-6PM Family Day in the Park – Civic Center Back Parking Lot
9/11-12 11AM-4PM St. Wendel Social 10542 W. Boonville-New Harmony
9/11 6-11PM Bob Deig Barn Party Fundraiser – Meal/Band/Karaoke Pork chop dinner served at 6:30pm Music/Karaoke Contest from 7pm – 11pm Rain or Shine: Approximately 4.5 miles west of the University of Southern Indiana on Hwy #62 Turn left onto Carson School Road $50 per person for Dinner & Fun $25 per person for Fun Bring lawn chairs Theo & Tim Boots’ Karaoke Be a Barn Party Sponsor $100/$200/$300 Sponsor
9/14 5-7PM Jonathan Weaver for Assessor Fundraiser – DC’s Pub 900 W. Buena Vista – $25 Per Person
9/15 TBD Sam Locke for State Auditor Fundraiser
9/16 5:30-7:30PM Vop Osili Reception hosted by Mayor Jonathan Weinzapfel @ the Evansville African American Museum 579 S. Garvin St. contact Adairius Gardner for more information (812) 484-6568
9/18 1-4PM 3rd Annual Brad Ellsworth Fish Fry – Brad’s 52nd Birthday Bash – 4H Fairgrounds – Tickets $52 for two guests $520 for event sponsor For tickets call (317) 231-7120 or jbaer@ellsworthforindiana2010.com
9/19 10AM-4PM St. John’s Daylight Social 5301 Daylight Dr.
9/20 8AM-3PM Labor For Deig – Golf Scramble @ Helfrich Hills Golf Course
9/21 5-7PM Gail Riecken Evening of Fun on the River – Restaurant at Marina Pointe 850 LST Dr. Refreshments and beverages, Corn Hole 20 minute Riverfront Boat Rides Sponsorship Levels: $50 Boatsman, $100 Mate, $150 Captain, $500 Admiral RSVP to megan.e.cotton@gmail.com
9/21 6:30-8PM Evansville For Change – Monthly Meeting Central Library – Browning Room A
9/22 6-8PM 1st Annual Public Safety Meet & Greet #1- Firefighter’s Local #357 & FOP Local # 73 Held at 801 Court St. (812) 422-7373
9/23 6:30-8:30PM UNOE – Candidates Night – Red Cross Building at 29 S. Stockwell Road = Township Trustee, Township Board, Prosecutor
9/24 8AM-5PM Williams for Sheriff Annual Golf Outing Eagle Valley
9/24 7PM Human Relations Commission Annual Banquet, featuring Dr. Cornel West and presentation of Mayor’s Celebration of Diversity Awards. Friday, September 24, at 7 p.m. at The Centre. Tickets are $35 per person. Call the HRC at 436-4927 to obtain tickets, purchase an ad in the program, or sponsor a table.
9/25 10AM-6PM Haynie’s Corner Art Festival 2nd St. @ Adams Ave $5 Adults/Kids Free
9/28 TBD Maura Robinson For County Auditor Fundraiser-
9/29 6PM Central Labor Council Candidates Night – Labor Temple 210 N Fulton Ave
9/30 9AM Troy Tornatta Golf Scramble – Cambridge Golf Course – 9AM Shotgun Start http://www.gogoodgov.com
$1,200 Tornatta Cup – Foursome Banner Display-Car Display – 2 Hole Sponsors
$500 Masters – Foursome- One Hole Sponsorship $150 Hole Sponsorship $100 Lone Duffers
9/30 4-6PM Stephanie Terry for County Council Fundraiser Evansville African American Museum Hosted by Nancy Drake, Gail Riecken & Diane Clements Sponsorship information forthcoming…
9/30 7PM The League of Women Voters of Southwestern Indiana Debate: Broadcast live broadcast on WNIN-PBS9.
State House District 75 (Open seat: Democrat Mike Goebel and Republican Ron Bacon)
District 77 (Rep. Gail Riecken, D-Evansville, and Republican Cheryl Musgrave) 8PM District 76 (Democrat Steve Smith and Rep. Suzanne Crouch, R-Evansville) State Senate District 49 Open seat: Democrat Patty Avery and Republican Jim Tomes
10/2 12-5PM Rick Riney For Perry Township Trustee Fundraiser – West Side Sportsman’s Club 1000 N Peerless Rd.
10/2 3-11PM Jazz, Wine & Arts Fest Downtown
10/4 AM 1st Day a voter may vote absentee ballot in Election office
10/4 Close of Day Voter Registration Ends at close of business day
10/4-9 10AM-8PM West Side Nut Club Fall Festival
10/5 5:30-6:30PM The John F. Kennedy Club of Vanderburgh County – Monthly Meeting – Evansville Labor Temple – 210 N Fulton
10/8 Close of Day End of Pre-Election Campaign Finance Reporting
10/10 7AM YMCA Half-Marathon http://www.evansvillehalfmarathon.org/ The Evansville Half Marathon course starts atop Reitz Hill and winds down through the city of Evansville, Indiana
10/12 5:30 – 8PM SIBA Candidates Night – Holiday Inn – 4101 Hwy 41 N http://www.sibaonline.org 479-6026 to RSVP
10/13 6:30-7:30PM Vanderburgh County Democrat Club – Monthly Meeting Evansville Labor Temple
10/14 TBD Maura Robinson For County Auditor Fundraiser
10/14 7PM 8PM The League of Women Voters of Southwestern Indiana Debate: Broadcast live broadcast on WNIN-PBS9. District 2: Councilman Tom Shetler Jr., a Republican, and Democrat Hayden Barth District 3: Councilwoman Stephanie Terry, a Democrat, and Republican Bill Kramer
District 4 (Councilman Russ Lloyd Jr., a Republican, and Democrat Tim Taylor) District 2 (Commissioner Troy Tornatta, a Democrat, and Republican Marsha Abell)
10/15 12pm Deadline by noon to file pre-election campaign finance reports for all candidates and parties
10/15 8AM Weaver FORE Assessor II – Golf Outing
10/19 6:30-8PM Evansville For Change – Monthly Meeting Central Library – Browning Room A
10/21 8AM First day a confined voter, a voter caring for a confined person at a private residence, or a voter with disabilities may vote an absentee ballot before an absentee voter board at the voter’s residence or place of confinement
10/22 6PM UNOE Spark Plug Banquet – Walnut Room of Aztar Executive Conference Center Call 428-4243 for Info
10/24 1-4PM Coroner Annie Groves Annual Bean Soup – The Mosby’s River Camp 4803 Old Henderson Road – Bean Soup, Hot Dogs, & Soft Drinks – No Charge however, donations will be accepted.
10/25 5-8PM Stephanie Terry for County Council Fundraiser Gospel Night Club Great gospel music, food and conversation with your councilwoman!!!! Location & Ticket Info: TBA
10/25 MIDNIGHT Deadline by midnight (except for confined voter or voters caring for a confined person requesting delivery of a ballot by an absentee voter board), for the Clerk to receive mailed, hand-delivered, or faxed absentee ballot applications requesting to vote absentee by mail
10/28 PM (TBD) Maura Robinson For Auditor Fundraiser hosted by Erika Taylor and Robert Scott Wylie
10/30 7-10PM 2010 Jefferson-Jackson Dinner The Centre
11/1 NOON Deadline, by noon, for the clerk to receive mailed, hand-delivered, or faxed absentee ballot applications from confined voters or voters caring for a confined person requesting delivery of a ballot by an absentee delivery board
11/1 NOON Deadline, by noon, for a voter to vote an absentee ballot in the office of the circuit court clerk
11/1 11/1 Deadline for a confined voter, a voter caring for a confined person, or a voter with disabilities to vote an absentee ballot before an absentee board at the voter’s place of confinement
11/2 6AM-6PM General Election Voting: Polls Open 6am-6pm
11/2 6PM-10PM Election Return Results – Veterans Memorial Coliseum
11/9 5:30-6:30PM The John F. Kennedy Club of Vanderburgh County – Monthly Meeting – Evansville Labor Temple – 210 N Fulton
11/10 6:30-7:30PM Vanderburgh County Democrat Club – Monthly Meeting Evansville Labor Temple
11/12 NOON Deadline, by noon, for a voter to produce proof of identification to the county election board to validate their provisional ballot from the general election
11/16 NOON Deadline, by noon, for a candidate to file a verified election recount or contest petition
11/16 6:30-8PM Evansville For Change – Monthly Meeting Central Library – Browning Room A
12/1 8AM Voter Registration Opens
12/7 5:30-6:30PM The John F. Kennedy Club of Vanderburgh County – Monthly Meeting – Evansville Labor Temple – 210 N Fulton
12/8 6:30-7:30PM Vanderburgh County Democrat Club – Monthly Meeting Evansville Labor Temple
12/21 6:30-8PM Evansville For Change – Monthly Meeting Central Library – Browning Room A
12/31 Midnight End of Annual reporting period for 2010 for campaign finance reports for candidates and parties

Red Cross asks for help to collect blood product & raise critical funds

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American Red Cross
Labor of Love Blood Drive Tuesday 10am-6pm

American Red Cross of Southwestern Indiana 29 S. Stockwell Road, Evansville

All blood types are needed to help maintain a sufficient supply for patients in need. Donors with type O negative, B negative and A negative blood are especially encouraged to schedule appointments for the important holiday blood drive. All presenting donors will also be entered in “FOCUS on Saving Lives Campaign” for a chance to win a 2010 Ford Focus or one of two $500 gas cards. The Labor of Love Blood Drive is the last day to enter for a chance to win. You don’t want to miss this opportunity! For more information visit www.redcrossblood.org

Lets Dine Out Scavenger Hunt Tuesday 10:45am

American Red Cross of Southwestern Indiana 29 S. Stockwell Road, Evansville

Local celebrities and media personalities will take part in the 2010 Lets Dine Out Scavenger Hunt to help pre-promote Wednesday’s Lets Dine Out fundraiser for the American Red Cross. Local celebrities include Vanderburgh County Sheriff Eric Williams and City Councilwoman Missy Mosby. Media personalities include Julie Dolan (WTVW Fox 7), Araceli Thiele (14WFIE), Tim Black (CBS44 WEVV), Shawnda McNeil (HOT96), Tommy Mason (93.5 the Wolf). Each will be teamed up with a Red Cross staff/board member to answer clues and complete tasks at local restaurants first in order to cross the finish line victorious. Photographers assigned to cover this event will be given access to the list of locations before hand.

Lets Dine Out Fundraiser All Day Wednesday

113 Restaurants in Vanderburgh, Warrick, Gibson, Henderson, Perry and Dubois Counties

Everyone is invited to take part in the 2010 Lets Dine Out fundraiser taking place all day on Wednesday at 113 participating locations in the Tri-State area. Lets Dine Out is the Tri-State’s largest one-day dine out event, and encourages the public to dine out in exchange for local restaurants donating a percentage of their sales to fund critical Red Cross services. Every dollar spent at local eating establishments not only helps our economy, but also helps fund lifesaving services like disaster relief, CPR & First Aid training, Blood Collection, Services to our Armed Forces and more. Find the entire list of restaurants online www.redcrossdineout.org or see the attached flyer.

BREAKING NEWS—Democratic Party Chairman Cancels Plans for a Fall Festival Booth

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In a week when Evansville’s thoughts turn to brain sandwiches, pulled pork, carnival rides, and sampling a multitude of delicacies dreamed up just for the Westside Nut Club’s annual event, it is not expected that political maneuvering can upstage a good corn dog. This year it has as an informal announcement to seek the office of the Mayor of Evansville by Vanderburgh County Treasurer Rick Davis to Democratic Party Chairman Mark Owens resulted in a technicality that caused the Democratic Party’s booth at the Fall Festival to be cancelled at the last minute.

Confidential sources within the Westside Nut Club have confirmed that it was Party Chairman Mark Owens who pulled the plug on the booth leaving the Democratic candidates for office with no booth to work from in the 2010 campaigns. It will be the first time in decades that a booth has gone empty at Fall Festival where some non-profits and churches raise as much as $40,000 during the weeklong street festival that routinely attracts over 50,000 attendees. Chairman Owens’ actions not only denied the current crop of Democratic candidates access to those 50,000 hands to shake and backs to slap, it denied a charity the opportunity to raise significant funds at the Fall Festival.

In an interview with Mr. Davis, The City County Observer learned that last Thursday as a courtesy he informed Chairman Owens of his intention to seek the Democratic nomination for Mayor of Evansville and to make his formal announcement after this year’s election so as to concentrate on the campaigns of his fellow Democrats. Chairman Owens, according to Davis demanded assurances that no money that was to be raised for the Democratic Party at the Fall Festival booth would be used against current Mayor Jonathan Weinzapfel in the 2011 Democratic primary for Mayor. Davis’s response was that he was only one member of the Kennedy Club and was not able to offer such assurances. Friday, Mr. Davis met with Mayor Weinzapfel and informed him of his plans to run.

Saturday, the doo-doo hit the fan. The Kennedy Club, a Democratic organization for young people had subleased the booth space from the Democratic Central Committee who has held the lease on the Fall Festival booth for years. The conditions of the Westside Nut Club include a provision that says subleases are not allowed, and thus the Kennedy Club was disqualified from the Fall Festival. The Democratic Central Committee forfeited it’s booth that has been used as a campaign spot, a fundraiser for the party, and even a source of funds that the party has donated to local charities for decades. The purpose and intent for no subleasing is to keep for-profit entities from sneaking in through the back door and to allow the Westside Nut Club to control the content of the booths. The purpose was never to keep the preacher from inviting the choir. One would assume that the Democratic Central Committee and the Kennedy Club would be seen as equal entities. The real question of Saturday was “who filed the complaint”?

Once again the hardworking and honest people of the Westside Nut Club live in a transparent way. It was disclosed that none other than Chairman Mark Owen of the Democratic Party not only found the “no sublease” provision, he filed the complaint, and supplied the supporting documents to get the Kennedy Club, a group of dedicated and hard working Democrats banished from the Fall Festival. He not only got the Kennedy Club banished, he made certain that the booth itself was hauled away in the night after representatives of the Nut Club had agreed to let the empty booth with it campaign regalia stay in place for the week.

Treasurer and soon to be candidate Davis used the word disgraceful to describe Chairman Owens’ behavior toward the Kennedy Club. The job of the Chairman of any party is to serve the candidates of the party that they lead, not to simply do the bidding of one potential candidate. Many Democratic candidates including Bob Mangold, Mary Hart, Sheriff Eric Williams, Mike Goebel and others had signed up to work the booth. Some of these candidates are in tough races and are not well funded. Being denied access to the 50,000 people per day that visit West Franklin Street for the Fall Festival definitely blunts their chances of winning their respective elections. It is not just the Democratic candidates that lose though. The Kennedy Club anticipated that they would net between $10,000 and $15,000 from the Fall Festival booth. Their intention was to divide that equally with the Democratic Central Committee, the very group that Chairman Owen leads. The Kennedy Club then had every intention to donate a portion of their take to local charities like the Evansville Rescue Mission.

Very few decisions really make one head shake in disbelief. This is one that does. Chairman Owens actions served to damage the Kennedy Club, the current Democratic candidates, and even the Democratic Central Committee. The Democratic Party will not be in the Fall Festival for many years now. They will have to take their place at the back of the line of what is a multi-year waiting list to get a booth at this heavily attended event. All is not lost the Kennedy Club donated the 15 gallons of soup they were planning to sell to the Salvation Army. There are also a group of Republican candidates in their campaign booth just up the street who are smiling like Cheshire cats at the monopoly on campaigning from a booth at the Evansville Fall Festival that Democratic Party Chairman Mark Owens has given them.

Note: Democratic Party Chairman Mark Owens was contacted by the City County Observer and informed that this will be published today. He was offered an opportunity to write an unedited response to this article.

BREAKING NEWS Indiana State Board of Accounts Findings

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Jonathon Weinzapfel

City of Evansville/GAGE/Barnett Salary Deal Violates State Code
During the fall of 2009 in our “IS IT TRUE” column, the City County Observer was the first publication to begin to expose the citizens of Evansville to the fact that a back door salary arrangement had been made to sweeten the compensation plan for Department of Metropolitan Development Director Tom Barnett. At the time we had reason to suspect that the size of the deal was around $20,000 per year. When the story was finally made public and picked up by the other media in town nearly half a year later, it was revealed that an outside contract in the amount of $42,000 per year had been arranged for Mr. Barnett through GAGE, the Growth Alliance for Greater Evansville.

This arrangement was both brokered and signed by then Chairman of the GAGE Board of Directors, Jonathon Weinzapfel, Mayor of Evansville. No other officer, director, or board member of GAGE’s name appeared on any contract between GAGE and Mr. Barnett. During that period the City County Observer contacted Joe Wallace, former president and CEO of GAGE to inquire about what the duties and obligations of the Director of DMD had to GAGE under the terms of the contract. Mr. Wallace’s response was that Mr. Barnett was an ex-officio member of the GAGE Board, but had no day to day duties to GAGE and received no direction or review from him or anyone else affiliated with GAGE except of course Mr. Barnett’s boss Mayor Weinzapfel in carrying out his duties as Mayor of Evansville.

Tom Barnett
The Indiana State Board of Accounts released its annual audit of the City of Evansville for calendar year 2009 on Saturday at 7:00 am October 2, 2010. The Audit Results and Comments section specifically cites the pay arrangement that Mayor Weinzapfel brokered to attract Mr. Barnett to the City of Evansville as being out of compliance with two Indiana Codes. The codes that Mr. Barnett’s pay arrangement violates are IC 36-4-7-3(b) and IC 36-7-14-23. These inconsistencies are found in the 89 page report on page 65 under the heading

“Additional Compensation (City)” which is included in full as follows:

The Executive Director of the Department of Metropolitan Development received a salary of $73,997.78 from the City for the year 2009. He also, by contractual agreement, received an additional amount in excess of $40,000 from a non-profit agency. That non-profit agency has a contractual arrangement to provide services to the City. The City Council did not approve the additional compensation.

The City of Evansville Employee Handbook states that, “An employee may not receive any payment, fees, services, vacations, or other unusual favors from any person or business organization that does or seeks to do business with the City.” It also states that “A conflict of interest occurs when an employee’s private interest interferes or even appears to interfere in any way with the interest of the City.”

Each governmental unit is responsible for complying with the ordinances, resolutions, and policies it adopts. (Accounting and Uniform Compliance Guidelines Manual for Cities and Towns, Chapter 7)

IC 36-4-7-3(b) states in part: “Subject to the approval of the city legislative body, the city executive shall fix the compensation of each appointive officer, deputy, and other employee of the city. . . .”

IC 36-7-14-23 states: “Each officer of the unit who has duties in respect to the funds and accounts of the unit shall perform the same duties with respect to the funds and accounts of the department of redevelopment, except as otherwise provided in this chapter. An officer performing these duties is not entitled to any compensation in addition to that paid him by the unit.”

The State Board of Accounts does not offer any recommendations for action and neither Mr. Barnett nor City of Evansville Controller Jenny Collins, addresses this issue in their respective Corrective Action Plans. There is a 3 page letter (85 – 87) from the Law Department of the City of Evansville under the signature of David L. Jones, Corporate Counsel to Controller Collins that essentially states that the State Board of Accounts has taken the Indiana State Codes out of context. He furthermore states that Mr. Barnett’s duties to GAGE are similar to Evansville Police Officers who have off duty part time jobs as security guards.

Whether a contract that was brokered by the Mayor of Evansville between a City of Evansville supported entity like GAGE that he was the Chairman of, and whose by-laws state that the Mayor of Evansville shall serve on the Executive Committee equates to a police officer mowing yards or pulling security duty for a private business that receives no support from the City and no direction from the Mayor is irrational and will be up to public scrutiny.

Clearly a police officer who mows yards off duty is not compromising his duties as a policeman to mow the yard. It is also clear that if Mr. Barnett were to avoid compromising his duties as the Director of DMD that his duties to GAGE would have to be done after hours. As the former president of GAGE stated, Mr. Barnett had no duties and thus could not have compromised his day job by carrying out those non duties to GAGE. The GAGE contract it seems was just a way for the Mayor to arrange for a fatter paycheck for Mr. Barnett through an arrangement that required GAGE to assume the role of alter-ego of the City of Evansville through the actions of Mayor Weinzapfel.

The City County Observer’s position on this is that circular transactions like this just do not pass the smell test, it stinks. The right way to pay Mr. Barnett a competitive salary of over $110,000 per year is do it in a way that does not cause the State Board of Accounts to write the City of Evansville up for code violations. If Mayor Weinzapfel would have done this according to accepted protocol, David Jones, Corporate Counsel for the City of Evansville would have never been put into a position of having to write a letter parsing the law to protect the City of Evansville from any remedy that may come due to code violations. It is a well written letter that should have never been needed. Circumvention of the intent or the will of law really needs to cease as a way of doing business in the City of Evansville.

We advocate strongly for remedying this situation in a way that removes all suspicion of conflicts of interest on the part of Mr. Barnett and clears the history of deceptive practices retroactively and going forward for the City of Evansville. The State Board of Accounts has cited the City of Evansville for doing this in 2009. It is common knowledge in Evansville that this also happened in 2008, is ongoing in 2010, and is part of the budget recommended for adoption for 2011. There are three wrongs to be righted. The best way to right these wrongs is first for Mr. Barnett to return all monies that were paid to him by GAGE to GAGE, and for GAGE to repay those monies to the Evansville Bond Bank from which they came. The second action is for the Mayor of Evansville to go before the City Council to seek approval for Mr. Barnett to have his salary adjusted retroactively back to his date of hiring to reflect all payments that he received through the back door deal through GAGE. That action would make Mr. Barnett whole in this circle of deception that he was drawn into. Finally, Mayor Weinzapfel needs to go before the City Council to adjust Mr. Barnett’s salary to the level that he currently receives from the checks that he gets from the City of Evansville and GAGE. These three actions not only clean the mess that has been made, it keeps messes like this from becoming standard operating procedure when standard City of Evansville salary structures are just not competitive.

Here is a link to the State Board of Accounts Report. The Audit Results and Comments start on page 63 and run through page 65, it includes 12 areas where the City of Evansville has shortcomings. David Jones’ letter is on pages 85 – 87. A local accounting firm is conducting the required annual audit of GAGE for maintaining federal non-profit status as is due to be completed any day.

http://www.in.gov/sboa/WebReports/B37602.pdf

Indiana to receive $636K in settlement with Botox manufacturer

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Greg Zoeller
Zoeller: Whistleblowers who expose Medicaid fraud help recover public dollars

INDIANAPOLIS – Through whistleblower lawsuits that exposed alleged Medicaid fraud, the pharmaceutical company that manufactures Botox will pay Indiana a civil settlement of nearly $636,000, Attorney General Greg Zoeller announced today. It’s part of a larger national settlement with federal and state governments where Allergan Inc. will pay a combined $600 million in civil and criminal penalties to resolve claims that it illegally marketed Botox for unapproved medical uses.

As part of his ongoing effort to raise awareness of whistleblowers’ rights under the False Claims Act, Zoeller noted the important role of company insiders in exposing Medicaid fraud through filing private lawsuits, which state and federal governments later can join after investigating the plaintiffs’ allegations.

“Whistleblowers who file suit to expose the illegal off-label marketing of pharmaceuticals are truly benefiting the taxpayers, because their actions help us to stop the overbilling of the Medicaid program and allow us to recover public dollars fraudulently paid out,” Zoeller said.

Allergan Inc. and Allergan USA Inc. have agreed to pay state governments and the federal government a combined $225 million civil settlement to compensate Medicaid, Medicare and other federal healthcare programs for reimbursements wrongly paid for Allergan’s drug Botox Therapeutic. In a related criminal settlement, Allergan also agreed Tuesday to plead guilty to a misdemeanor charge the U.S. Justice Department filed — for violating the Food, Drug and Cosmetic Act — and the company agreed to pay a $375 million criminal fine and forfeiture. Allergan signed a corporate integrity agreement requiring strict scrutiny of its future marketing and practices.

Under the Allergan civil settlement, Indiana will receive $635,807.25, with $317,903.63 of that for Medicaid restitution only and another $317,903.63 for additional recoveries. Counting both federal and state portions, the total settlement obtained for the Indiana Medicaid program will be $1,699,473.06, the settlement says.

Although best known for its cosmetic version used as a treatment for skin wrinkles, Botox was separately approved by the Food and Drug Administration for medical treatment of rare diseases and conditions, such as strabismus (crossed eyes), uncontrollable eye blinking, cervical dystonia (abnormal head and neck posture) and severe underarm sweating.

Filed in U.S. District Court for the Northern District of Georgia, three whistleblower lawsuits brought by five private plaintiffs – and later joined by the federal and state governments — alleged that from 2001 through 2008, Allergan illegally marketed Botox Therapeutic for uses not approved by the FDA and not eligible for reimbursement under Medicaid, Medicare or other programs.

Based in Irvine, Calif., Allergan was accused of off-label marketing that illegally promoted Botox Therapeutic for headache, pain, overactive bladder and spasticity – all unapproved uses. Allergan’s marketing allegedly targeted prescribing physicians with kickback schemes, honoraria and dinner workshops, and coached doctors to improperly code and bill Medicaid and other programs for off-label uses. The illegal marketing allegedly resulted in over-utilization of Botox Therapeutic for non-covered, medically unnecessary purposes — causing overbilling and fraudulent claims that Medicaid paid out, the lawsuits alleged.

Under the False Claims Act, a whistleblower who exposes Medicaid fraud is eligible to receive a percentage of recovered funds, through what is called qui tam (pronounced “key tam”) litigation. When a whistleblower files suit against a company alleging fraud on a government contract, the court seals the case until the federal and state governments investigate. Once the federal and state governments officially join the lawsuit as intervenors – as happened in the Allergan case — then the suit is unsealed and the original plaintiff shares in any out-of-court settlement or court-ordered damages that result from the case.

The five whistleblowers in the Allergan case from outside Indiana will receive a combined $37.8 million in the civil settlement under their 18 percent share of the recovery.

The lawsuit did not allege any fraud involving the separate use of Botox Cosmetic.

A branch of the Indiana Attorney General’s Office, the Indiana Medicaid Fraud Control Unit (MFCU) investigates false claims submitted to Medicaid for reimbursement and worked with its counterparts in other states during settlement negotiations.

In August, Zoeller kicked off a public awareness campaign to alert workers in the healthcare and pharmaceutical industries to their legal right under the False Claims Act to file whistleblower lawsuits if they learn of Medicaid fraud.

“My staff and I have made presentations to large groups of health care employees and nursing students to explain the potential financial reward available to plaintiffs under the False Claims Act,” Zoeller said. “This law may not be well known to the general public, but it is an important legal right that workers in the health field ought to be aware of.”

Zoeller urges anyone interested in bringing a whistleblower action to learn more about the process by visiting his web site, www.in.gov/attorneygeneral/2807.htm

Anyone who is aware of fraudulent claims on Medicaid also can report them by contacting the Attorney General’s MFCU office at 1-800-382-1039.

WOMEN VETERANS COOKOUT

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Saturday October 9th, 2010
11:00 AM – 2:00 PM
at Wesselman Park

Lunch is provided for Women Veterans by ROLLING THUNDER

**Door Prizes
**Meet Other Women Vets

For information call:
Vet Center
311 N. Weinbach Avenue
Evansville IN 47711
812-473-5993

Winning the Intellectual Property Game in Foreign Markets:

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Tri-State World Trade
How to Use International IP Rules to Your Advantage

Has your company adopted an appropriate game plan to protect its trademarks, copyrights and other intellectual property (IP) rights abroad? Have you instituted internal company procedures to ensure the effective transfer of your company’s know-how to its foreign operations without increasing the risk of loss of its valuable trade secrets and competitive advantage?

The Tri-State World Trade Network (TSWTN) is pleased to announce its upcoming fourth quarter seminar, Winning the Intellectual Property Game in Foreign Markets: How to Use International IP Rules to Your Advantage, featuring Luz Aurora Lettiere. During this informative seminar, you will learn about various types of intellectual property rights and gain a working knowledge of the kinds of IP issues that you should consider and resolve prior to conducting business in foreign countries.

Date: Wednesday, October 27, 2010
Time: 8:00 a.m. – 10:00 a.m.
Location: The Chamber of Commerce of Southwest Indiana (Innovation Pointe, 4th Floor)
Cost: $35
Program includes a continental breakfast.

To register, contact Julie Ko, manager of business services, at 812.425.8147 or via email at jko@ccswin.com.

The mission of the Tri-State World Trade Network is to promote exporting and international trade in the Tri-State Region by sponsoring educational activities, programs, and events designed to increase knowledge, promote understanding, and encourage participation in international trade.