Government

The Law and You – Some Popular Myths About Contracts

shasler — Thu, 19 Jun 2008 06:51:04 -0700

Contract law in one short article? Impossible. Not just hard impossible but impossible like climbing Mount Everest in the nude impossible.

Instead, I am just going to knock on some myths about contracts. That is more like climbing Mount Everest in a bathing suit.

Every Contract Has to Be in Writing. Nope, wrong. Contracts involving land and labor that will take over a year and certain consumer transactions must be in writing to be valid. A contract is an offer and an acceptance and that can be oral. Better that everyone writes down what was offered and accepted so that the written document can be used as evidence.

You Do Not Need A Lawyer to Write a Contract. This one depends on what will happen if the contract gets breached, how much will you lose if the deal goes bad. I say it is a gamble and the best place to gamble is at a casino and not with your business. Many years ago a client brought me an eviction, he had proudly bought his lease at Decker's (yes, it was that long ago) and talked about saving so much money on attorney fees. Problem was that the lease was pro-tenant and it cost him much more to get the person evicted than a would have a proper lease.

You Do Not Need a Lawyer to Read a Contract Before Signing a Contract. This is true – so long as the contract works the way you want it to. If the contract does no work out the way you wanted, then you get to pay a lawyer for litigation. Or you maybe you will have other costs. It seems a lot of the subprime mortgage crisis came about because people signed off mortgages without knowing what they were doing. Now they are dealing with foreclosures. While there are some times when a court will not enforce a contract, "oops, I didn't have my lawyer look it over first" is not a defense. The contracts where a court will not enforce a contract include: one side is mentally incompetent, one side is younger than 18 years of age, the contract is against public policy. (And what is against public policy? Contracting for illegal services is against public policy. This scenario proposed by someone would be – in my opinion – against public policy: “....the contract said a person had the right to, say, legally adopt your children if they didn't fulfill the terms of the contract....”). What you get is attorney fees for litigation instead of attorney fees for reading a contract. I call this penny wise and pound foolish.

Lawyers Are Dealbreakers. A friend used to say this to me. After some extended litigation, he no longer says that. The only deals that ought to be broken by bringing in the lawyers is one that would have been, probably should have been broken.

Any Contract Can Be Set Aside After Three Days. No, only sales at home can be set aside after three days.

I think that hits some of the high points. Now let me leave you with the best advice I can give about contracts: Get a lawyer because an ounce of prevention is worth more than a year or more of litigation and all those attorney fees.

Brian Howey: Gauging the Hoosier "Veepstake 6"

kpaul.mallasch — Thu, 19 Jun 2008 06:46:35 -0700

By Brian Howey

INDIANAPOLIS, IN - We've counted six Hoosiers who have made one or more published veepstakes lists over the first six months of this year. Some names, like Gov. Mitch Daniels, make zero sense. Others, like the rumored Obama-Lugar ticket seem far-fetched. Here's our current read on things, subject to vast change between now and convention season late this summer.

Barack Obama Veep

Sen. Evan Bayh: As the Obama campaign pours over the maps and its strategy of putting red states into play, the conversation when it comes to Indiana's 11 Electoral College votes would almost certainly include Bayh. While he backed Hillary Clinton in the Indiana primary, he did so with supreme respect for Obama. It was Obama’s ascendancy that prompted the pragmatic Bayh to exit the presidential race in December 2006.

Bayh’s political tentacles reach into Iowa and New Hampshire, where his own presidential campaign trained dozens of operatives and he established relations with many local legislators and other party officials. Some believe those alliances in New Hampshire helped Clinton win the state. He certainly put her in play in Indiana. Without Bayh, there is no way Clinton could have won.

Bayh has run five general election races in Indiana, winning the first two in 1986 and 1988 by 8 and 6 percent, followed by his gubernatorial re-elect at 25 percent, and his two Senate races at 29 and 24 percent. He is squeaky clean on the ethics front. He is credible on military affairs, having served on the Armed Services Committee.

Democratic blogger Alan Katz observed on May 7, "By helping Sen. Clinton win Indiana’s Democratic primary, Sen. Bayh has created a new opportunity: running for vice president on an Obama-Bayh ticket. Most significantly, he’s a proven vote getter in a red state who appeals to the working class voters. Sen. Obama has been losing to Sen. Clinton. His (Bayh) selection as a running mate by Sen. Obama would be a clear signal to these voters that they would neither be ignored nor forgotten in an Obama administration.” Odds: 10 to 1.

Sen. Richard Lugar: First, Lugar is too old to be McCain's vice presidential nominee. McCain needs a youth. Prior to the May primary, we were talking with a reporter at NPR and the subject of Lugar's relationship with Obama came up. "You know about the rumors," the reporter said. No, what? "An Obama-Lugar ticket." Get out!

Actually, there is some logic. Obama has talked about ending the politics of usual in Washington. So what better way than to pick a Republican vice president? Second, he and Lugar have a mutually warm relationship. There are some who believe that Obama needs an experienced Washington hand with considerable foreign exposure. Lugar fits all those bills. The idea of having Lugar's voice steadily in a President Obama's ear is a credible one, though extremely, extremely unlikely. Odds: 100 to 1.

Tim Roemer: The former six-term Northern Indiana congressman voluntarily left Congress, but not before sponsoring the 9/11 Commission legislation and then serving on that bipartisan panel. He was a strong proponent for U.S. intelligence reform. He was an early backer of Obama and campaigned extensively in the Indiana primary. Roemer is relatively young, Catholic, and brings intelligence, national security and education credentials that could benefit Obama. Many observers believe Roemer has an excellent chance at making an Obama cabinet. Odds 20 to 1.

Lee Hamilton: Like Roemer, he's a former Indiana congressman and 9/11 Commissioner. He would fit the "wise old man" bringing maturity to the 46-year-old Obama's ticket. Odds: 100 to 1.

My Prediction: I see three names ahead of Hoosiers on the Obama veep list: Virginia Sen. James Webb, former Georgia Sen. Sam Nunn, and Missouri Sen. Claire McCaskill. If I had to bet, it would be Obama-Webb.

John McCain Veep

Rep. Mike Pence: The Hoosier congressman is a leading conservative who has parted with McCain on key issues, such as McCain-Feingold campaign finance reform. The two shared an infamous moment together at the Sorja Market in Baghdad on April 1, 2007. After McCain became the presumptive nominee, Pence urged him to make clear to conservatives where he stood on fiscal and life issues. Pence could very well be on McCain's veep list, but the fact is, you have to go back to 1964 and the Goldwater-Miller ticket to find a House member making the final cut. Plus, the conservative split with McCain seems to have toned down. Odds: 100-1.

Gov. Mitch Daniels: The governor has repeatedly said that 2008 would be his final political campaign. He has too much work left to do here and feels he can be more effective working at the state level. A McCain-Daniels ticket is a total pipedream. No odds.

My Prediction: A month ago, I would have been comfortable predicting a McCain-Romney ticket. But if McCain wants to attract Hillary Clinton voters, he might look at young, attractive Alaska Gov. Sarah Palin who is creating considerable buzz these days. If I had to bet: McCain-Palin. At this point, I think the gender opportunity trumps geography.

Howey is publisher of Howey Politics Indiana at www.howeypolitics.com.

Storm Damage Brings Longer Hours to Recycling Center

kpaul.mallasch — Thu, 12 Jun 2008 14:37:59 -0700

ANDERSON, IN - Storm damage on June 6 and June 9 which brought a federal disaster declaration into effect in Madison County also brought about increased hours at the City of Anderson’s Yard and Garden Recycling Center, located at the former Emge location at 2000 West 8th St. Downed trees, limbs, and other natural debris such as wood chips, grass, and leaves can be brought to the recycling center from 8am to 5pm, Monday through Saturday for the rest of the month of June.

Fees for the Yard and Garden Recycling Center are as follow:

Minimum charge: $10.00
Pick-up truck: $15.00
1-ton truck: $20.00
Single-axle truck $25.00

The recycling center also offers for sale the following items:

Organic Product Line

Compost AAA $10.00 per yard (grinded and screened)
Compost AA $ 5.00 per yard (grinded only)
Mulch $10.00 per yard

The Law and You – Part Three: Dealing With Lawyers

shasler — Tue, 10 Jun 2008 18:20:35 -0700

After twenty years, how people react to lawyers still amazes me. The reaction runs from dislike to dread to a mix of both. Why people feel fear when meeting with their lawyer is something I do not understand. I put it down to my professions failure to explain itself to the public. After all, if we make a mystery of things then people will pay their fees and let us get on with our jobs.

I think the more knowledgeable the client, the better will be the attorney-client relationship. What I want to do today is give you some tips on how to approach the attorney-client relationship.

Ask Questions and Remember to Wait for the Answer. Lawyers expect questions. We will answer questions. It may be that your question contributes nothing to resolving the legal issue, but how will you know without asking? But when you ask a question, wait for the whole answer. Do not interrupt, do not start yelling before you get the whole answer. I had a client do that last month. I would have been annoyed except that I had already made my mind up that I did not want the case. His behavior convinced me that regardless of how good his case was, his behavior would sink it.
Get Informed Before You Meet With the Lawyer. There is enough information out on the Net and in public libraries to let you know something about your case. See how well the lawyer explains things to you. This will help you with number 1 above. If nothing else take a look at the subject index on my Indiana Divorce and Family Law Blog.
Do Not Expect A Cheerleader. My job is to be an advocate and an objective one at that. The legal profession's ethical rules expect me to look out for a client's best interests. What all that means is that I have to seriously consider and explain the case's weaknesses and problems with the client. The perfect case exists only as a myth. Understand that how good a case is depends on balancing the bad and the good. I explain the good and the bad and leave it to the client on whether to pursue the case or not. Attorneys who pump up a weak case just to keep a client are the same as those people who predicted flowers strewn along the streets of Baghdad.
Do Not Oversell Your Case. Call this the flip side of 3, the person who says that a case is worth untold riches. I know who to calculate the value of a case. Any lawyer who cannot calculate the value of a case should be questioned and anyone accepting a potential client's talk of untold wealth needs avoiding. I have a solution for people trying to inveigle me into taking a case with promises of a big payoff – I show them the door.
Do Not Lie. You may not like to explain some tawdry, embarrassing incident to a relative stranger but it is better to do it in a law office than in a courtroom. When I did criminal defense work, my clients would amuse me when I presented the evidence of the State had on them and they say that was true. Lawyers deal with the bad stuff in a case but we have to know about it first. If you do not give me the facts accurately, I cannot do job properly.
Do Not Say That It is The Principle and Not the Money. Say that on the telephone to me and you do not get an appointment, say it in the office and you get shown the door. Making that statement means that money will mean everything.
Pay Your Bills. The lawyer-client relationship is a partnership. I have the law and the client having the facts is only part of the relationship. Trust is the other part. I need to demonstrate that I have the skills for the job – that justifies you putting your trust in me. You paying your bills is part of how you make the lawyer trust you. (The other part being contained in 5 above). Not paying your bill makes it very difficult to believe in you, and believe in your case. Let me put it this way: would you trust your employer if they did not pay you your wages? I do not think so.

What should you expect from your attorney? Indiana's Rules of Professional Conduct spell that out, but here are the minimal ones:

Diligence. Working as quickly as possible to get all things done.
Competence. That we know what we are doing.
Communication. That we let you know what is going on in your case and do our best to explain what is happening.
Promoting only meritorious claims. I do not think there is anything to add that.

Todd Rokita Comments on Election Boards Filing to Keep Polls Open Past 6:00 p.m.

kpaul.mallasch — Tue, 6 May 2008 16:57:28 -0700

INDIANAPOLIS, IN - Statement from Indiana Secretary of State Todd Rokita regarding campaigns or county election boards filing to keep polls open past 6:00 p.m.:

"Our office has received reports that a Porter County Circuit Court Judge ordered polls in a few select Porter County precincts to remain open until 7:00 P.M. CST. We currently have a Special Deputy in Porter County and will keep updated on the situation."

"Indiana Code Section 36-1-3-8 states that county election boards have no home rule over the length of time the polls are open and cannot order that polls remain open past 6:00 p.m. Rather, the local county court makes the call."

"Counties should always follow court orders regarding polling place hours. But, any voter who was not within the "chute," which is the area or pathway that extends fifty feet from the entrance of the polls must vote by provisional ballot. Those provisional ballots go without challenge and are secured separately from those cast prior to 6:00 p.m."

"Voter turnout is high and polling place lines continue to be long as voters arrive at the end of the day. This is a great problem to have and I encourage voters to be patient as local election officials react as quickly as possible."

"Our office also heard of ballot shortages in Jackson County today. The County ran out of ballots in 5 precincts, but complied with procedural fail-safes and printed out additional ballots in time for voters to cast those ballots."

"We have worked closely with the counties, asked them to prepare plenty of ballots due to large increases in voter registrations, and continue to brief the county officials on the appropriate failsafe procedures to ensure that every Hoosier who has the right to vote may do so."

Source: Press Release

AGAPE to Locate in Union Building in downtown Anderson

kpaul.mallasch — Thu, 1 May 2008 13:11:50 -0700

ANDERSON, IN - Mayor Kris Ockomon announced today the addition of a new business to Anderson’s local economy. The company, AGAPE, LLC, is a start up company that will immediately employ 75 people in the call center industry and intends to grow to 400 employees within one year.

Managing partner Jeff Rogers spoke of AGAPE’s site selection process, “AGAPE searched throughout the Midwest for a location to base our operations. We chose Anderson because of the positive business climate; Anderson has the combination we most needed, a large and capable workforce and the ready accessibility of fiber optic infrastructure.”

The Mayor’s office, Economic Development Department, and Anderson Municipal Light and Power have worked with AGAPE since February to assist in selection of their Anderson location. The City offered the extension of fiber optics to the new location at a cost of three thousand dollars. Linda Dawson, Executive Director of Economic and Community Development for the City of Anderson, commented, “In respect to return on investment, the City’s financial investment in this project will be recovered in the first minutes of AGAPE’s presence in Anderson.”

AGAPE has chosen to locate in downtown’s historic Union Building, a Sullivanesque, terra cotta building constructed in 1902. The building was purchased by Albert Golukhov in 2006. Golukhov has invested two million dollars in renovations since that time. Jeanne Clarkson, property manager for the Union Building, stated, “The Union Building is under-going a multimillion dollar renovation, creating over 30,000 SF of additional Class A office space with the latest in state of the art amenities and services available to current and potential tenants. We are marketing locally, nationally and internationally for new businesses to relocate to Anderson.”

“The fact that AGAPE chose not just to locate in Anderson, but in downtown Anderson, is great news for our citizens, and our other downtown businesses. Adding 75 new downtown workers—growing to 400 new downtown workers within a year—will have an overwhelmingly positive impact for retail and commercial businesses and even downtown events,” added Mayor Kris Ockomon.

Positions will pay an average of $10 per hour. AGAPE plans to begin hiring immediately. If interested in employment with AGAPE, please direct an email to Apply@AGAPEcomUSA.com or check www.AGAPEIndiana.com after May 15.

Source: City of Anderson Press Release

Senate Democrats: Indiana should lead states in ending pay inequity

kpaul.mallasch — Tue, 22 Apr 2008 00:08:16 -0700

Tuesday, April 22, is the national observance of Equal Pay Day, the day when individuals throughout the country recognize the wage gap between working women and men. Equal Pay Day is held annually in April to signify the point into a year that a woman must work to earn what a man made the previous year.

According to the U.S. Census Bureau, women who work full-time, year-round earn 77 cents for every dollar earned by men – a gap of 23 cents. The gap is even greater for minority women as African American women earn 66 cents and Hispanic women earn 54 cents to every dollar earned by men nationally.

In Indiana, women’s pay falls below the national average with Hoosier women earning 72 cents for every dollar earned by men. The amount drops for college educated women in Indiana who make only 68 cents for every dollar. That ranks Indiana 50th in comparison to other states and Washington, D.C., and raises the question if the wage gap might be a contributing factor to Indiana’s brain drain. With a pay gap of 32 cents, why wouldn’t a female college graduate look to career opportunities in other states?

Pay inequity not only harms women, it harms families and communities through depressed living standards and higher poverty rates, particularly among female-headed households. Paying single working mothers as much as their male counterparts in comparable work would cut their poverty rates in half. American families lose more than $4,000 in annual wages from the inequity. Individually, American woman lose between $700,000 and $2 million in lifetime earnings from wage discrimination. This loss in wages also affects women as they go into retirement. According to the Women's Institute for a Secure Retirement, women will go into retirement with at least $300,000 less in earnings than their male counterparts.

The first answer to this problem is for employers to examine and, if necessary, correct their pay practices to ensure that all employees performing comparable work are rewarded equally.

Second, women must stand up for equal pay. Knowing the labor market and industry salary averages can help women ensure that they are getting paid fairly. The Indiana Commission for Women (www.in.gov/icw) and the WAGE Project (www.wageproject.org) have many resources to help women research fair wages, relevant laws and what can be done about wage discrimination.

As with most changes, it would be preferable for the market to adapt itself and for employers to move toward equitable wages on their own initiative. However, legislation may be necessary. For employers who continue to pay women less, legal penalties or civil action may be the only remedies.

In the Indiana General Assembly, legislation that would expand on federal and state equal employment laws has been proposed for years. Unfortunately, those bills have not even gained a public hearing in the Senate Committee to which they were assigned. Legislation to close the wage gap deserves more serious consideration, and Hoosiers deserve the opportunity to speak to the need of such a measure.

We hope that the national observance of Equal Pay Day brings attention to this discrimination throughout the country. More importantly, we hope that Hoosiers step up to make Indiana an example for how fair, equitable pay for all workers can improve the quality of life for our citizens. The need is great, and the time is now. Women and their families cannot afford to wait!

Signed:

Jean Breaux - State Senator - Senate District 34
Earline Rogers - State Senator - Senate District 3
Connie Sipes - State Senator - Senate District 46
Sue Errington - State Senator - Senate District 26
Vi Simpson - Assistant Senate Democrat Leader - Senate District 40
Karen Tallian - State Senator - Senate District 4

Source: Senate Democrats

Community Leaders Provide Answers to Youth

kpaul.mallasch — Fri, 11 Apr 2008 11:07:25 -0700

ANDERSON, IN - Mayor Ockomon in partnership with Urban League of Madison County and Security Dads, will be hosting the first City sponsored Youth Summit, Thursday, April 17th, 6pm-7:30pm, in the City Hall auditorium.

Youth, ages 13 and up are invited to pose their questions to a distinguished panel of over fifteen community leaders, including Mayor Kris Ockomon; Sally DeVoe, Madison County Community Foundation; Bill Raymore, Urban League; Ron Richardson, Madison County Sheriff; Chief Darron Sparks, APD; Fred Reese, Parks Department superintendent; Holly Renz, Madison County Sexual Assault Treatment Center; and others.

“This is a place where teen voices can be heard,” says Jeff Cottrell, program director for Urban League of Madison County. “It’s designed for youth to have a forum to connect with community leaders,” he added.

Flyers and announcements are being distributed in all community schools to encourage attendance to the event. For more information, please contact Jeff Cottrell at 765-649-7126 or via email at cottrelljeffrey68@yahoo.com

Source: City of Anderson Press Release

The Law and You - Part Two - The Facts

kpaul.mallasch — Thu, 10 Apr 2008 18:25:14 -0700

By Sam Hasler

In The Law and You - Part One, I wrote about where lawyers get the law. Knowing the laws is only half of the game - and maybe even less than half. The facts make up the most important part of the case.

Think of the law like an empty glass. Like an empty glass, the law does not have any practical use until applied to the facts.

Many years ago when I was in law school, one of my professors said that clients do not come to lawyers with a contracts case or a torts case but with a problem. The lawyer has to take the problem - the facts of a case - and fit them into a legal category.

We take the facts given by the client and then we look at the statutes (if any apply) and the case law. The cases tell us how the courts have applied the law to the same or similar facts. The hardest cases are those where the facts are just a little bit different from the other cases.

Every type of case has certain things needing proven in court. If there is a statute, then the statute sets out what has to be proven but not all cases are based on statutes. Only the criminal law requires a statute but many civil cases have no statute. Contracts, personal injury cases are what we call common law cases. What has to be proven is to be found only in the case law. Where there is a statute - such as some commercial or consumer or family law cases - then the process starts with the statute.

People think of the law as a wholesale business instead of a retail one. So long as the facts are exactly the same, it is closer to a cookie cutter operation. Finding two exact cases is a lot like finding a four-leaf clover - possible but rare.

My first personal injury case taught me the problems with people’s expectations. An elderly couple injured by in a fender bender: minor injuries, no lost wages. The case lacked good damages. I explained the law of personal injury cases: the driver had a duty, the driver breached that duty, and the breach caused damages. The husband brought in news clippings of cases of people getting large sums of money. I went over the actual losses. He still went away shaking his head in disbelief.

Some people may think the legal system did them wrong. I cannot evaluate each and every case, but I do know that the first step for evaluating a case is to look at the facts. I do know that many clients never have their lawyers explain what has to be done in a case, or that some lawyers either never explain or do a poor job of explanation.

Remember that cases rise and fall on the facts. The best lawyer in the world will lose if the facts do not support their case.

Note: This column is not legal advice. If you have a legal problem, you need to get a lawyer and talk to them in person rather than rely on anything written here.

Small Business Development Center to Open Sub-Center in Anderson

kpaul.mallasch — Wed, 9 Apr 2008 18:17:26 -0700

ANDERSON, IN - The City of Anderson announced funding support to open a sub-center of the East Central Indiana Small Business Development Center (SBDC) in the City Hall Building. This office will open on April 14, 2008.

The SBDC specializes in providing comprehensive, no cost counseling services to existing and prospective small businesses owners. Part of a statewide program with 11 service regions in the State of Indiana, the East Central Region will now have offices operating in Anderson, Muncie and Richmond. Since the beginning of 2008, the SBDC has met with forty-seven Anderson clients.

“Establishing a local office for the SBDC in Anderson is a crucial component of The City’s economic development efforts. The SBDC brings multiple levels of service to existing and new businesses that ensure a greater degree of success,” said Linda Dawson, executive director, Department of Economic Development with the City of Anderson. “The Department of Economic Development is excited to add another service which will complement our initiative to retain existing businesses and foster new business development."

The East Central Indiana SBDC serves 8 counties and operates through the cooperative support of the City of Anderson, City of Muncie, City of New Castle, Delaware County, Energize ECI, Gas City, Hartford City and Wayne County. The center is also funded through grants from the Indiana Economic Development Corporation and the U.S. Small Business Administration. The program is hosted by Ivy Tech Community College, Region 6. The annual cost of the service to the City of Anderson will be $15,000, paid through food and beverage funding.

“The local commitment to developing this program and making it more accessible to clients has been astounding,” adds Rick Leibowitz, Regional Director of the SBDC program. “We have already developed a significant client base in the City of Anderson. This funding, along with the dedication of office space and administrative support, will help us enhance our level of service to the small businesses in the City of Anderson and Madison County. ”

About SBDC

The SBDC provides management assistance to current and prospective business owners, including a wealth of free and low cost information, management counseling, and educational services designed to support business owners and entrepreneurs. For information or to schedule a consultation, contact Rick Leibowitz at RLiebowitz@isbdc.org or call 765.648.6112

Source: City of Anderson Press Release

Mayor Ockomon Looks to Alternative Business Models for Shelter

kpaul.mallasch — Fri, 28 Mar 2008 12:28:28 -0700

ANDERSON, IN - Mayor Ockomon is exploring other business models for the Anderson Animal Shelter. Specifically, the model of the Hamilton County Humane Society is being reviewed. “Other shelters have been successful by combining county forces,” says Ockomon. “We need to look to plans that work and implement them.”

“We have a commitment to public safety that must be withheld,” says Ockomon regarding the consideration of operational changes. “I am learning the complexities of the issues and the delicate balance of animal care and control.”

A public meeting to discuss requests for business model proposals will be held on April 9th, City Hall Room 201 (Economic Development Conference Room), 6-8pm. Citizens and animal groups interested in submitting a proposal to operate the Anderson Animal Shelter should plan to attend this informative meeting.

Source: City of Anderson Press Release

Ockomon Changes the Leadership of Anderson Animal Shelter

kpaul.mallasch — Fri, 28 Mar 2008 12:27:09 -0700

ANDERSON, IN - Mayor Kris Ockomon is changing the leadership at the Anderson Animal Shelter. A local veterinarian group, lead by Claudia Smith, DVM, will manage operations at the shelter, effective immediately. Smith has been a daily staple at the shelter, volunteering her expertise to administer medical care and vaccinations to the shelter’s animals. “She has been there since day one and has a full understanding of the needs of the animals,” says Ockomon of Smith’s position.

The change is met after numerous statements of concern about the state of the shelter. “We underestimated the condition of the shelter,” said Mayor Ockomon. “A seasoned veterinarian group is needed to install standards that simply did not exist before.”

The veterinary group consists of Jeff Smith, DVM; Claudia Smith, DVM; Larry Owen, DVM; and Joy Dvorak, DVM. The group will be soliciting additional volunteers for marketing and business modeling ideas for the shelter. “The task is overwhelming, even for a veterinary professional,” says Smith, of the effort to restructure the shelter. But she says with help, she is up for the task and is happy with the decision to change leadership. “This is exactly what we were going to request,” says Larry Owen, DVM, of Mayor Ockomon’s decision. The veterinarian group will replace Larry Russell, senior humane officer, and Brad Cox, deputy director.

Source: City of Anderson Press Release

Anderson Spring Open Burning Season April 1st – May 31st, 2008

kpaul.mallasch — Mon, 24 Mar 2008 14:57:50 -0700

ANDERSON, IN - The Spring Open Burning Season for the City of Anderson will begin on Tuesday, April 1st, 2008 and will end on Saturday, May 31st, 2008. Residents of the City of Anderson are allowed to burn wood products in a non-combustible container on their personal property when the following guidelines are followed:

Only clean dry wood or leaves are to be burned.

All burning is done in a non-combustible container with solid enclosed sides and ventilation near the bottom edges of the container. Note: A metal 55-gallon drum with holes drilled near the bottomedge of the drum is an acceptable container.

The fire must be attended at ALL times.

A means to extinguish the fire must be readily available.

All burning must be extinguished by 6 PM.

If the burning creates a nuisance or hazard, it must be extinguished.

Violations of the city’s open burning regulations can carry a civil penalty of up to $2,500.00 per violation. If there are any questions regarding the open burning regulations, please contact the City of Anderson Air Management Division at (765) 648-6158.

Source: City of Anderson Press Release

Anderson Animal Shelter Closes for Spring Cleaning

kpaul.mallasch — Mon, 24 Mar 2008 14:48:30 -0700

ANDERSON, IN -The Anderson Animal Shelter will close for cleaning Thursday, March 27th- Sunday, March 31st. Doors will re-open on Tuesday, April 1st, 8am-4pm.

The cleaning schedule is as follows:

Thursday, (3/27) 8am-4pm - Dogs and cats will be transported to Plant 18 for temporary housing. Foster volunteers will pick up their dog at a pre-scheduled time. (Cats are not being fostered for this event)

Friday, (3/28) 8am-4pm - Ductwork will be cleaned.

Saturday, (3/29) 8am-4pm - AAS staff and volunteers will clean and sanitize the shelter.

Sunday, (3/30) 8am-4pm - Complete cleaning, reinstall clean kennels and implement new cleaning protocol.

Monday, (3/31) 8am-4pm - Transport dogs and cats back to Anderson Animal Shelter. Foster volunteers return their dogs at their scheduled time.

Volunteers for the clean-up are needed for fostering and Saturday’s clean-up. You can volunteer by calling Brad Cox, deputy humane officer, at 765-648-6304. “We need 20-25 volunteers for the effort,” says Cox. Cox estimates 60-75 dogs will require fostering/transport for the four day clean-up. Dog food will be provided.

From March 27th – March 31st, the Anderson Animal Shelter will be closed to the public and will not be accepting surrendered animals during this time. There will be no change to animal control patrol routes or public safety protocol during this time.

Source: City of Anderson Press Release

Mayor Ockomon and Local Pastors Working Together on Unemployment

kpaul.mallasch — Mon, 24 Mar 2008 11:24:20 -0700

ANDERSON, IN - Mayor Kris Ockomon and the Anderson Pastor’s Alliance have joined forces in an effort to address unemployment. On Thursday, March 27, 2008, a job fair will be held from 10 a.m. until 3 p.m. at the Allen Chapel A.M.E. Church’s Fellowship Hall located at 1610 Sheridan. “It is important that our citizens are given every opportunity to find employment,” stated Mayor Kris Ockomon.

“Working with organizations like the Anderson Pastor’s Alliance provides strength and stability to our ongoing efforts toward reaching the unemployed,” he continued. “I am overjoyed that my administration can partner with our citizens to make a difference for those who live in Anderson,” said Mayor Ockomon.

The City of Anderson’s Transit System (CATS) will provide a shuttle from the Anderson Zion Baptist Church, 2008 Rev. J.T. Menifee Street to the Allen Chapel Fellowship Hall, every half hour to assist residents in the area who are without transportation.

Employers who have already registered to participate include: Averitt Express, Indiana Wesleyan, Wachovia Securities, Arbonne International, Hoosier Park Racing and Casino, The Geo Group, and the New Castle Correctional Facility. Additionally, Job Source will be present with job training and resume preparation information and the Community Action Partnership will offer job training and employment for those 55 years of age and older.

There will be representatives with jobs that may be done from the home, those offering employment in neighboring communities as well as job opportunities within the city. Because the City of Anderson and the Anderson Pastor’s Alliance embrace diversity, those from all walks of life are encouraged to take advantage of this opportunity.

“The Anderson Pastor’s Alliance desired to be proactive in assisting local residents in finding employment and the city was a natural beginning point,” stated the Rev. Earlie Dixon, President of the Alliance. “We are proud to partner with the City of Anderson in sponsoring this job fair which will enable persons to apply for jobs, present their resumes, as well as secure information about future job opportunities,” shared Rev. Lenore G. Williams, the event coordinator. The Pastor’s Alliance, a diverse group of local pastors who meet the 2nd Mondays of each month, plan to make the job fair an annual event.

For additional job fair information, the public is asked to contact the Alliance’s Rev. Lenore G. Williams at (765) 642-3117.

Source: City of Anderson Press Release

Hillary Clinton Visit at the Wigwam

CelticFan — Sat, 22 Mar 2008 12:00:56 -0700

By CelticFan

I arrived at the wigwam parking lot around 9am. There werent too many people there at that time, except for law enforcement of course. I sat in my car for about 40 minutes before i decided to go and stand in line. I started to see quite a few people make their way towards the entrance on the 12th street side of the building so I figured I better get in line before it really got crowded.

I was in line with a few highschool students (some from AHS, one from Frankton) that were coming to the speech for extra credit, or so they said. They didnt have any political affiliations from how they talked. They just thought it would be a good experience to see someone of her magnitude, I agreed with that. Although I didnt plan on voting for Hillary, I wanted to see her in person because it's more or less a once in a lifetime chance to see who could end up being the next president of the United States.

As we were standing in line, we noticed people on the roof of the building, as well as secret service agents walking up and down the street where the line was going to the entrance. I assumed they were checking for any suspicous looking persons. We also saw several bomb sniffing dogs checking all of the cars parked on the street. They blocked off traffic on 12th street after about 1 1/2 hours excepty for foot traffic. One individual parked in the alley off of the 12th street only to have his truck towed about 20 minutes later. That had to ruin his day. Of course he should have known better to park where he did.

When they started letting us in at around 1:45 pm, I was relieved after standing in line for nearly 4 hours. We went through a metal detector before being allowed into the building and had to take out everything in your pockets except for wallets and other similar items. It took about 2 minutes to get through the security check. I believe people from the TSA were doing the checks on everyone.

After getting through the security check, they seated us in the lower portion of the gym. I was one of the first 200 or so to get into the bleachers. There were tons and tons of media there. WTHR Channel 12, RTV channel 6, Wish tv channel 8 and Fox 59. I recognized one of the reporters from WTHR, Chris Proffit. Didnt recognize anyone else though.

Several prominent political figures were present at the speech. Former governor Joe Kernan, newly elected congressman Andre Carson and Former Governor Evan Bayh. Before we got inside i was greeted by Mayor Ockomon with a handshake. Its nice to see that people remember you even after they take office. We sat there in anticipation for Hillary's arrival. And were brought out of our seats several times for nothing other than people mistaking someone for Hillary. After about the 5th or 6th time i didnt get out of my seat. Thats until she finally arrived at around 4:45, about an our or so late. But they advised us that she could end up being late beforehand so we werent suprised.

She arrived to a thunderous applause, with Evan Bayh at her side and Mayor Ockomon standing close by. A lot of hints were dropped that Evan Bayh would be her running mate. Although she didnt come out and say he would be, she said "I have a high opinion of him." That drew another huge applause.

She talked about universal healthcare and the economy. She talked about how reckless the cureent administration has been with tax dollars, and pledged to be more responsible when spending tax dollars. She said she would stand up to the special interest groups and China, saying she would pressure them into leveling the playing field as far as tarde goes, which drew another big applause.

Were all of her words just that, words? Who knows, but I have a slightly higher opinion of her than I did before. And if she wins the nomination and picks Bayh as her running mate, I might end up voting for her becuase I just dont believe we can afford another presdient that spends like the current one does.

Overall it was a good experience and I'm glad I took the time to see her speak. It was well worth the wait.

Hillary Clinton Visits the Wigwam

agreene — Thu, 20 Mar 2008 19:21:38 -0700

By A. Greene

I really didn't know what to expect. I had been to business meetings before (boring) and I've been to concerts before (exciting). I half expected this to be in between, leaning more toward the business meeting and less toward the rock concert. My experience showed that it was a great deal closer to the latter.

I went kind of on the spur of the moment. I already had the day off and nothing better to do. I had rolled out of bed at 10:00am and decided to run an errand or two, maybe grab some lunch and come home. I had no intention of going to a political rally when I woke up. When I got out, I thought about it more and more. People were talking about how Indiana hasn't mattered in a primary since 1968, an event which predates myself by 12 years. I drove by the Wigwam, mainly just to see how many people were there. They were lining up along John Street opposite the railroad tracks, starting at the 12th street intersection and heading south. I figured, what harm could come from this? I could hang around for a while, talk to some people, find out why they supported Hillary. It could be interesting. It didn't take long for the line to stretch down to the end of the parking lot and wind it's way around the parking lot. I arrived at 12:30pm. The doors were set to open at 2:15pm with the appearance scheduled to start at 3:45pm.

I spoke with some of the people around me, primarily a married couple from Frankton and a teacher from Muncie with her adult daughter. Unfortunately, our pleasantries never lead to the introduction of names, but their company was much appreciated through the long wait. The wife from Frankton was very outspoken in her support. Moments after our arrival a van was traveling northbound on John Street with what appeared to be very vocal supports of Barack Obama, Hillary's last remaining challenger. As the passengers yelled from the van, the driver slammed on the brakes as they nearly rear-ended the car in front of them. As they were stopped the passengers became silent. "I don't hear them yelling now," the wife from Frankton said. This made us all laugh.

As we stood we all wished for food, the one thing that we all apparently forgot about. At one point a Clinton campaign volunteer was walking around with a half eaten sandwich and one of the people in line inquired, "How much for the sandwich?" The volunteer looked puzzled at first, then smiled, "Do you want some?" Again we all laughed and thought that a "Sandwiched for Votes" campaign would have been a good plan for them. The only thing better than a big crowd is a big crowd that's not hungry. I myself had gotten so caught up in this that by the time I had gotten in line, I hadn't realized that I had forgotten to have either breakfast or lunch. We hoped there would be snacks of some sort in the Wigwam.

The crowd filed into the Wigwam slowly. As I entered, I noticed that Indiana House Speaker Pat Bauer had arrived. We didn't go through the same entrance door.

Once we were finally in the building we were lightly searched by the Secret Service and Homeland Security. Someone owes me dinner.

By 2:30 we were in the Wigwam and it was nearly full already. They had to have opened the doors early. I got a good spot at the top of the bleachers directly opposite of the stage that had been put up. I talked with some of the people around me and we all tried to remember the last time we saw the Wigwam this full.

Shortly before 3:45pm a Clinton volunteer took the stage and gave her story as to why she worked for Hillary. She described growing up in Georgia and not having healthcare and the troubles of dealing with common maladies that you have growing up.

After some time, hearing the occasional cheer and clapping and the inevitable "Who's that?" from the crowd. Mayor Kris Ockomon. Recently elected US Congressman Andre Carson. Former Indiana First Lady Judy O'Bannon. Former Indiana Governor Joe Kernan. Even NBC political reporter Andrea Mitchell. A few of us cracked up when a short line formed to take pictures of and with Andrea Mitchell. The mayor also participated in attempts (attempts that were eventually successful) to get a "Wave" started. 3:45pm came and went. A member of the crowd sitting next to me said "We're going to find out if she's an on-time type of gal or not. She wasn't. It was nearly 4:30pm before she took the stage.

Hillary Clinton took the stage with Mayor Kris Ockomon and Senator Evan Bayh. Ockomon introduced Bayh. Judging by the ovation given to Bayh, it occurs to me that the citizens of Anderson, if not the citizens of Indiana, would have elected Evan Bayh to the office King of Indiana, given the chance. Bayh spoke briefly about himself and Hillary and his support for her before introducing her to the loudest rock star cheer and ovation that I've ever heard.

She spoke about the economy, the war in Iraq, the economy, the need for overhauling Education, and the economy. She talked about the need to review all of our trade agreements, especially NAFTA. She talked about how the war in Iraq has adversely affected the economy before opening up the floor for questions and comments.

Two of the first three comments were that she should, if nominated, make Senator Bayh her vice presidential running mate. Her response, "That seems to be a popular comment." A lot of people talked about how the economy has affected them. One question was from a man who asked about her stance on the rights of gay and lesbian Americans. Senator Clinton relayed the story of neighbors of parents' who were gay and how they were able to assist in helping out while Senator Clinton's father was sick and how it changed her views when one of the gay men became sick and the other man was unable to visit because he had no legal relation.

Once she had taken about 15 or so questions she wrapped up and asked everyone for their support on May 6.

Mayor Ockomon Announces Public Safety Initiative

kpaul.mallasch — Thu, 6 Mar 2008 18:20:33 -0800

ANDERSON, IN - On Thursday, March 6, 2008, Anderson Mayor Kris Ockomon announced the City of Anderson's public safety initiative, Operation Pull Over. The 54th blitz of its kind, Operation Pull Over is funded by the generous grants of the Indiana Criminal Justice Institute (ICJI) with the purpose of increasing public safety during peak risk seasons. Anderson has received $25,000 to fund the initiative this year.

In 2007 on St. Patrick's Day, 44 percent of the 105 drivers and motorcyclists involved in fatal crashes nationwide, had a blood alcohol concentration (BAC) of 0.08 or higher, according to the National Highway Traffic Safety Association (NHTSA).

For many Hoosiers, St. Patrick's Day has become a popular day to celebrate with friends and family. However, given that many people will celebrate this occastion with alcohol, the day can also be very dangerous.

In order to deter impaired driving on Indiana's roadways this St. Patrick's Day, the Governor's Council on Impaired and Dangerous Driving is joining with over two hundred state and local law enforcement agencies to launch a statewide high-visibility enforcement from March 7 to March 23. While this 16 day blitz will cover St. Patrick's Day, it will also take place during Big Ten Basketball Tournament in Inianapolis.

"Impaired drivers are a grave threat to the safety of Indiana's roadways. Motorists should be aware that state and local officers will be conducting increased enforcement and will deploy special patrols to detect and arrest impaired drivers," said Curtis Hill, chairman of the Governor's Council on Impaired and Dangerous Driving.

In 2006, 23.8 percent of fatal crashes that occured in Indiana from March 1 to May 31 involved drivers with a BAC above the legal limit. This means that out of 214 total fatalities that occured, 51 were caused by an impaired driver.

Also in 2006, from March 1 to May 31, 2.3 percent of all collisions in East Central Indiana involved drivers with a BAC of 0.01 or greater, while 31 percent of fatalities in the ECI region involved drivers with a BAC of 0.01 or greater.

Impaired driving remains one of America's deadliest problems. According to NHISA, in 2006, 42,642 people were killed nationally in motor vehicle crashes. Of that number, 13,740 people were killed in traffic crashes that involved at least one driver or motorcyclist with a BAC of 0.08 or higher.

"Remember, impairment starts with the first drink. With so many events taking place around Indiana during the month of March, it is important to plan ahead before indulging, because if you are suspected of drunk driving, a fun night out could turn into a nightmare," Hill added.

Safe Holiday Practices:

Following these easy steps, a driver can enjoy a safe St. Patrick's Day without jeopardizing their life and the lives of others who might be on the road.
Plan a safe way home BEFORE the festivities begin
Before drinking, please designate a sober driver and give that person your keys
If you're impaired, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely.
If you happen to see a drunk driver on the road, don't hesitate to contact your local law enforcement or call 911
And remember, if you know someone who is about to drive or ride with someone who is imparied, take their keys and help them make other arrangements to get where they're going safely.

Source: City of Anderson Press Release

Delaware County Common Construction Wage Hearings

kpaul.mallasch — Fri, 29 Feb 2008 13:51:25 -0800

Governor Mitch Daniels and Commissioner Lori Torres,

I only hope I can effectively express my disgust regarding the Common Construction Wage hearings that I attended here in Delaware County today (Thursday, February 28, 2008).

What I witnessed and participated in was nothing short of an abomination and an enormous injustice to the citizens of this county by the very government delegated with the responsibility to uphold the law and enforce the righteous will of the people.

In 2 of the hearings (of the 4 being heard), the CCW Hearing for the Muncie Redevelopment Commission demolition of a building and the Delaware Community School mechanical and electrical HVAC project, the composition of the appointments were not even legal. At neither of the 2 hearings was there a legal taxpayer appointment by the County Legislative Body and the issue was taken up, objected to and made a matter of the hearing record in both instances at the very beginning of both hearings. Inspite of those objections and the confessed illegality of the representations, the State of Indiana, by and through, its hearing officer, Kenneth Boucher, cast the tie-breaking and deciding vote in favor of Collective Bargaining Labor and against the wishes and votes of the project ownership thereby awarding the highest and most expensive of three wage submissions. Of the three votes cast in favor of, including the Governor's Representative, the Labor Representative and the illegal County Taxpayer Representative, not a single one of them pays a red cent to the cost of the project. Now, the question begs, where in the heck does an awarding agency, let alone the taxpaying citizens of the project, have a say in there very own community and its public building expenditures?

Let the facts reflect that the illegal County appointments, in both instances, were Collective Bargaining Labor "plants", designed to accomplish one thing and one thing alone. As if the fact that one of our very own governing bodies would try and sabotage our efforts of being fiscally responsible and exercising our rights to democratically make decisions that would have an impact upon our immediate economic futures is one thing. To have a Governor's Representative condone and endorse that behavior is a whole different animal. It is totally unacceptable. This, my elected, appointed and irresponsible representatives, is nothing short of a travesty and will be an issue that will be trumpeted far and wide. The disease of special interest corruption has obviously infected not only the local governing bodies of Delaware County, but the very core of our state government and its administrative offices.

Disgustingly,

Chris Hiatt, President
Citizens of Delaware County for Property Tax Repeal
765-289-7756
765-744-0809
www.propertytaxrepeal.com

Week in Review at the Indiana General Assembly from Senate Democrats

kpaul.mallasch — Wed, 27 Feb 2008 15:44:17 -0800

INDIANAPOLIS, IN - Legislators spent long hours this week working through major deadlines debating legislation which had already gained the approval of one chamber. Bills which have advanced without amendments proceed to the governor for final consideration and possible enactment. Legislation which has been amended, must return to its house of origin for approval of all changes. If amendments are not agreed to, the legislation advances to a joint House-Senate conference committee and members representing both chambers and both political parties work together to negotiate compromises. Final conference committee reports must then be approved by both chambers. Lawmakers must conclude business by the session's deadline of March 14th. The following brief summary highlights some of this week's activities in the Senate.

Senate Democrats offer alternative tax relief plan

This week Senate Democrats proposed an alternative property tax relief plan providing greater relief to low-and middle-income taxpayers and those on fixed incomes. The proposed plan would shift the focus from a home’s value to a homeowner’s ability to pay. Calling attention to unfunded losses projected under Governor Daniels’ property tax relief plan, including an unfair burden on low-and middle-income taxpayers, school funding shortfalls and the threat of a state general fund deficit, Senate Democrats maintain that his plan is based upon a regressive tax policy which will hurt too many Hoosiers.

Under the “EZ Homestead Credit” plan, a homeowner’s net tax payment would be based on the assessed value of the property, the local tax rate and the owner’s adjusted gross income. The amount of homestead credits applied to a property tax bill would be determined by the owner’s income, providing a greater percentage of relief for lower income homeowners.

The proposal was offered as an amendment to House Bill 1001 earlier this week. Although it was defeated, the plan is eligible for consideration during conference committee negotiations. The Senate later approved House Bill 1001 by a vote of 34-14, and the legislation now heads to a bipartisan conference committee.

Bills gain Senate approval

Legislation which would limit total compensation paid to sheriffs to what county prosecutors earn beginning in 2011. House Bill 1108 would require that any additional compensation earned by sheriffs be redirected to counties to help pay for department pensions and other public safety costs.

Under House Bill 1153, pull tabs, punchboards and tip board gaming will be allowed in bars and taverns. The proposal would also allow a qualified organization holding an annual raffle license to conduct raffles at any time during a period of one year.

House Bill 1185 would expand the state's program providing for indoor air quality inspections in schools to also include state agencies.

A concurrent enrollment partnership to coordinate dual credit programs among Indiana high schools and state educational institutions would be established under the passage of House Bill 1246. In addition, the legislation would create an interim study committee to undertake a review K-12 online learning programs.

House Bill 1290 provides that children who received foster care when they were less than 18 years old may choose to receive older youth foster care until the age of 21 if they are working or attending a vocational or educational program.

HEA 1249 provides that Indiana residents serving in the armed forces or the Indiana National Guard since September 10, 2001 who have received a Purple Heart decoration and satisfies other criteria will be exempt from tuition and fees at state universities.

Governor signs several bills into law

The governor has begun his review of bills already approved by both chambers. A few that have been signed into law include:

Senate Enrolled Act (SEA) 210 provides that a member of the state Teachers' Retirement Fund may change the member's beneficiary designation if the member and the member's designated beneficiary are getting a divorce, regardless of what state they reside. (Current law only pertains to members who are involved in an Indiana action for dissolution of marriage.) Effective July 1, 2007 (retroactive).

SEA 219 provides aid to working mothers who return to work following maternity leave. The act requires businesses with 25 or more employees to provide paid breaks, a private place for the employee to express breast milk and some form of refrigeration to store the milk. Effective July 1, 2008.

House Enrolled Act (HEA) 1017 requires the Indiana Arts Commission to establish an arts and cultural district certification program to determine where these districts are located throughout the state and use that information for promotion and tourism opportunities. Effective upon passage.

HEA 1077 removes the limit on the amount a township, city, town, or county may appropriate to certain veterans' organizations to aid in defraying Memorial Day celebration expenses. Effective July 1, 2008.

Upcoming deadlines

Monday, March 3rd - Conference committees begin
March 14th - Lawmakers have until midnight to conclude business

To stay informed about legislation moving through the Indiana General Assembly, log on to www.in.gov/legislative/. From this site, you can research bills, review committee calendars and legislative floor calendars, view full bill texts and watch Senate and House sessions as well as some committee hearings which are broadcast live.

In addition, citizens can stay informed on bills scheduled for action in the House and Senate chambers through a free on line program available at www.BillWatch.in.gov/. This program allows you to track up to ten bills. Email notifications are sent once per day if action is taken on tracked bills and/or resolutions. If no action is taken, e-mail notifications will not be sent.

Feel free to contact me with your comments and concerns regarding pending legislation or other matters pertaining to state government. To reach me:

send correspondence to: Statehouse, 200 West Washington Street, Indianapolis, IN 46204.
call toll-free 1-800-382-9467.
send emails to www.S25@iga.in.gov or visit my web site at www.in.gov/S25

Source: Senate Democrats Press Release

Actions of Anderson Youth Honor the Life of a Community Leader

kpaul.mallasch — Tue, 26 Feb 2008 15:16:41 -0800

ANDERSON, IN - Mayor Kris Ockomon will announce the renaming of Louise Street to Rev. J.T. Menifee Street on Wednesday, February 27, 2008, 5:30pm at the Anderson Zion Missionary Baptist Church Family Life Center.

"The honor to Rev. Dr. J.T. Menifee is long overdue," said Mayor Ockomon. "The determination of three young ladies who garnered hundreds of signatures has made this change possible."

Mayor Ockomon is referring to the diligent efforts of Chelsea Newell (age 18), Kaela Braxton (age 16), and Tyeria Austin (age 17). The young ladies collected over seven-hundred signatures in favor of the name change.

"His life is an inspiration to me," said Chelsea Newell, when asked what motivated her to spend her summer knocking on doors to gather signatures. "We felt it was something that we could do to make a difference in our neighborhood."

Rev. Dr. James T. Menifee was an irrepressible advocate of the Anderson community during the 1980s and 1990s. Menifee organized the first annual westside cleanup in 1985, which was the inspiration to Anderson’s current annual cleanup of the city. He led in the creation of our city park to honor Martin Luther King, Jr., and also raised over $100,000 to erect the bronze statue of Martin Luther King, Jr. that centers the park gardens today. The Martin Luther King Jr. Scholarship and the MLK Community Housing Development Corp. are also both to the credit of Rev. Dr. J.T. Menifee.

Menifee died in 1998, leaving a life full of purpose, service and example to his community.

"Rev. Menifee’s acts of compassion and service are still deeply rooted in our community today," said Mayor Ockomon. "I am privileged to honor a community leader who gave so much and inspired so many."

Anderson Zion Missionary Baptist Church is located at 2008 Louise Street, Anderson Indiana.

Source: City of Anderson Press Release

Anderson City Spotlight - 2/15/08 - Vol 3

kpaul.mallasch — Wed, 20 Feb 2008 02:28:13 -0800

Attached is a PDF of the February 15, 2008 edition of the Anderson City Spotlight.

Week in Review at the Indiana General Assembly

kpaul.mallasch — Mon, 18 Feb 2008 02:24:14 -0800

February 11 - 15, 2008

INDIANAPOLIS, IN - The property tax relief and reform debate remains in the forefront of issues facing lawmakers this session. However, other bills of interest are moving through the process. The following brief summary highlights a few of the bills which are under consideration by the State Senate this week.

Senate floor action

The Senate unanimously approved legislation this week that will help to promote arts and cultural districts throughout the state. House Bill 1017 would establish a certification program to determine where these districts are located and use that information for promotion and tourism opportunities. The program will have a positive impact on many Indiana communities, particularly those in rural areas where it will highlight arts and cultures that are truly their own, such as quilting, pottery or blue grass music. No changes were made to the legislation by the Senate, so it now proceeds to the governor for final action.

Legislation which would require Emergency Medical Services (EMS) personnel to receive training on autism is one step closer to becoming law. House Bill 1171 would add education on autism to the EMS certification training program beginning in 2009. According to the Autism Research Institute, autism is a developmental disorder which can cause severe social, communication and behavioral problems. With the increased rate of autism diagnosis among children, the added training for EMS personnel to provide aid to those individuals will be extremely beneficial. The Senate amended the bill to change the effective date, so it now returns to the House for consideration of those changes.

Legislation which would remove the time limitation for Hoosier students to use financial aid grants for higher education has also gained Senate approval. Under current law, a student granted financial assistance by the State Student Assistance Commission of Indiana must use the grant within ten years. In 2007, more than 9,000 students were affected by the ten-year rule. House Bill 1049 would eliminate the ten-year time limit and allow eligible students to use the grants at any time. The bill returns to the House for consideration of Senate changes.

Senate committee action

Many of our rivers and lakes have become impaired due to excessively high concentrations of phosphorus. Excess phosphorus is a cause of extensive algae growth. Reduction of phosphorus pollution is the impetus behind House Bill 1120. Members of the Senate Energy and Environmental Affairs Committee heard testimony this week on the importance of limiting the use of phosphorous in certain detergents used in household automatic dishwashing machines. In 1973, Indiana passed legislation to ban the use of phosphorous in washing machine detergents to help control phosphorus entering sewage treatment plants. However, dishwashers were not common at the time. Phosphorus helps to soften water, reduce spotting on dishes and reduce rusting of machine parts. Alternative detergents that perform well without the use of phosphorus are available to consumers. Members approved the bill and advanced the legislation to the full Senate for its consideration.

The Senate Corrections, Criminal and Civil Matters Committee advanced House Bill 1112, a measure that would establish an interim study committee on learner's permits and driver's licenses to examine potential changes to the state's laws regarding young drivers. Car crashes are the leading cause of death among teenagers. According to the National Highway Traffic Safety Administration, inexperienced driving is the reason for most teenage crashes. Sixteen-year-olds have the highest crash rate compared to any other driving age. Nearly half of teenage deaths occur when there is another teen in the car. Specific areas to be studied include the minimum age at which learner's permits and probationary driver's licenses can be issued, requirements for practice driving, use of handheld devices by probationary drivers, and other restrictions to which the probationary driver is subject while driving.

The Local Government and Elections Committee heard several bills this week including House Bill 1162. This bill would allow the presiding officer of the legislative body of a municipality to appoint an individual not more than 18 years of age to serve as an adviser to the municipal legislative body on matters affecting youth in the community. In addition, the bill would establish a Youth Advisory Council to advise the General Assembly concerning issues of importance to youth.

Upcoming deadlines

February 21 - Committee report deadline
February 26 - 2nd Reading deadline
February 27 - 3rd Reading deadline
February 28 - Conference committees begin

Source: Senate Democrats Press Release

Making Sense: Ronald Reagan Would Back McCain

kpaul.mallasch — Sun, 17 Feb 2008 13:45:25 -0800

By Michael Reagan

In 1976 the Ford vs. Reagan campaign for the Republican presidential nomination got so heated it looked as if my father and Jerry Ford would never again talk to one another.

When it was over and Ford had won, what did Ronald Reagan do? He simply went all-out to help Ford win his re-election, as did I and as did my sister Maureen. My dad simply followed his rule of backing the Republican candidate no matter who he was.

Assuming that John McCain will be the Republican nominee, you can bet my father would be itching to get out on the campaign trail working to elect him even if he disagreed with him on a number of issues.

Unlike my father, a lot of conservatives stayed home in 1976, and we got four years of Jimmy Carter, whose main legacy was to drive the Shah of Iran from power and create the Islamic Republic of Iran with a bunch of wild-eyed mullahs running the show. He also gave us 20 percent inflation and long, long lines at the gas pumps. And don’t forget 440 days of Americans held hostage by the mullahs.

By staying home those conservatives made possible the future election of Iranian President Mahmoud Ahmadinejad.

We are still suffering from the legacy of James Earl Carter, thanks to the conservatives who refused to follow Ronald Reagan’s example and instead sulked at home while the nation was being handed over to the worst president in American history.

We were still in the middle of the Cold War in those days, and by staying home conservatives risked losing that war by allowing an incompetent leader to become commander in chief.

Four years later Ronald Reagan took over, the hostages were immediately released, and he went on to win the Cold War. Now we have another world-wide war going on with a hidden enemy sworn to kill us all, and the policy of the Democrats running for the presidency is to throw up their hands and withdraw from the battlefield, leaving it to the enemy -- and our fate in the hands of Osama bin Laden.

Is that what the let’s-stay-home-on-election-day conservatives want? Do they want the most liberal member of the U.S. Senate, Barack Obama, as their president? Do they want the pseudo-Marist Barack Obama -- who reportedly has a photo of the murderous Castroite thug Che Guevara hanging in his Houston, Texas campaign headquarters -- hanging that photo in the Oval Office?

Do they want Hillary Clinton, the duplicitous former first lady, back in the White House enjoying all those furnishings she and her husband tried to swipe from the mansion?

Do they want a Democrat spending even more money that the government doesn’t have on scores of programs right out of Karl Marx’s playbook?

That’s exactly what they’ll get if they sit out the election and stay home on Election Day. That’s called biting off your nose to spite your face. Or even more to the point, political suicide.

Let me say this. There has been plenty of battling in the primaries, and I’ve been in the middle of the battle, but until now haven’t committed myself to any candidate, waiting until we had a nominee.

That’s over.

If John McCain is the nominee of the party, this Reagan will happily campaign with him. The alternative is unthinkable to anyone who loves this nation.

Mike Reagan, the elder son of the late President Ronald Reagan, is heard on more than 200 talk radio stations nationally as part of the Radio America Network, see www.Reagan.com for info. Look for Mike’s newest book, “Twice Adopted.” E-mail comments to Reagan@caglecartoons.com.

Health care its cure -- Interview with Regina Herzlinger

kpaul.mallasch — Sun, 17 Feb 2008 13:26:58 -0800

By Bill Steigerwald

Money magazine has dubbed Regina Herzlinger the "Godmother" of consumer-driven health care, and it's not just because has written books with titles like "Consumer-Driven Health Care: Implications for Providers, Payers and Policymakers." The first woman to be "tenured and chaired" at Harvard Business School, Professor Herzlinger is widely known for her innovative research into health care and has written extensively for publications like the Wall Street Journal and health care industry journals.

Her latest book is last year's "Who Killed Health Care?: America's $2 Trillion Medical Problem -- and the Consumer-Driven Cure." It outlines her plan for creating a consumer-driven system that would deliver affordable, high-quality care to everyone by putting insurance money in the hands of patients, removing the third-party middleman in the doctor-patient relationship and giving employers cost relief. I talked to Herzlinger Feb. 13 by phone from her office in Cambridge, Mass.

Q: What is your shorthand description of the health-care system we have now in the United States?

A: Too costly and too erratic in quality, but still a system that preserves people's choice.

Q: What do you mean by "still preserves people's choice"?

A: You're not forced to go with a single-payer system where you have no independent voice about what you'll pay for what kinds of benefits.

Q: Is our health-care system as bad as our politicians and the media tell us it is?

A: Well, not all the politicians think it's that bad, but certainly the media trumpets that -- and it is a hugely unfair kind of trumpeting. One of the issues is that the World Health Organization ranks us as very low in quality of care. Of course, one of its criteria for quality of care is whether everybody is insured or not. That seems like not a good criterion to use. Most of the important research in medicine, which is so promising to finally make medicine into a real science, is done in the U.S. And certainly, if you compare the U.S. to a country like Japan or Germany or the Scandinavian countries, it's a ridiculous comparison because if you go to Japan or Germany you won't see the diversity we have in the United States. And certain ancestries are much more prone to certain kinds of illnesses than others. For example, African-Americans are much more prone to cardiovascular disease and diabetes than Caucasians. So this kind of willy-nilly quality measure that doesn't adjust for the differences within the population seems to me ridiculous.

Q: Who are the bad guys who are wrecking or ruining or distorting our health-care system?

A: Well, essentially the problem is that you and I have taken part of our salaries and given them to our employers to use in buying health insurance on our behalf. There is no way they could buy our clothes or our homes or anything else as well as we can -- and they don't do a very good job of buying health insurance, either.

The only reason we've done that is because they can use our salaries pre-tax to buy health insurance, whereas if I were cashed out by Harvard and it gave me back the $15,000 I use on health care, I would have to pay taxes on those $15,000; I could only use after-tax money. So as inept as employers are in buying health insurance for their employees -- and they are inept not because they are stupid but because how can they possibly know what you want versus what I want; we only do it because of the tax status, and that's a big problem.

The same problem -- i.e., a third party buying on our behalf -- also holds for Medicare, where the purchasing is done by the U.S. government, and for Medicaid, where the purchasing is done by state and local governments. So the biggest problem with our health-care system is that the agents we have appointed to take care of health insurance and health care -- which are the government and businesses -- are not very good at it.

Q: If we had a consumer-driven system of health care, what would it look like?

A: Everybody would be required to buy health insurance. If you were poor, you wouldn't be stuffed into Medicaid, which is not a great program because lots of doctors refuse to see Medicaid patients because they get paid so badly for them. Instead, you would be given money to go out and shop for health insurance just like everybody else. Eventually, people on Medicare would be cast out and they could buy what they wanted. That's what a consumer-driven system would look like -- in other words, you and I would be buying the health insurance.

The second crucial attribute of this system is in order to make sure that we weren't buying stupid, we would need a lot of information, not only about the quality of our health insurers but also about the quality of the health-care providers that they provide access to. I need open-heart surgery? How good is this doctor in that hospital versus another doctor in some other kind of hospital? That's what we need.

Q: What or who is the chief obstacle to our developing a better system?

A: One is this tax preference, where only your employer can use pre-tax money to buy health insurance; that's a huge barrier and it's a big (undertaking) for employers. They don't like buying insurance; they have a business to run. They have a paper to publish or something else to do and they are obligated to buy this very important item for us. So the tax preference is a huge item and Democrat or Republican, that will be corrected by the next president. The problem that is much more difficult to correct is the problem of transparency, and that is that providers do not want to be measured and they are hugely powerful. But unless we know whether we are buying a Toyota or an Edsel, we're never going to get to a higher-quality, lower-cost health-care system. And the only way you and I can know that, because we are not doctors and we are not scientists, is if we had good data that was accessible to us.

Q: The same kind of data we have when we buy a car?

A: Or a computer. Nobody understands how they work. Nevertheless, computers have become cheaper and better and they have become consumer items because there's terrific information. That's why Dell, for example, flourished because people like me who don't know a bit from a byte nevertheless knew Dell was a good purveyor. It no longer is, but when I first bought a computer it was a good purveyor.

Q: What do you think of Hillary Clinton's health-care plan?

A: Well, I like the universal coverage and she does have choice, so allegedly under her plan you could choose to either buy a private health insurance or a public insurance. That's the rub. The public choice that she would offer is hugely subsidized. For instance, she would offer Medicare for people like us. Well, Medicare -- ha -- for every eight dollars spent, seven dollars are paid by somebody other than the recipient. So if we were offered Medicare, which is hugely subsidized, of course we would opt for it. But we would put a tremendous burden on our children and grandchildren, and we would enlarge the government's stranglehold on the health-care system. Government is not good for health care. Government is political.

Government is bureaucratic. Government kills off innovation. Not a good idea. Her plans for controlling costs are equally bureaucratic. It is that the government would tell doctors how to practice medicine better. Already, physicians in their 50s and 60s can't wait to leave the profession. They just can't stand it. This would put the final nails in the physician coffins.

Q: Does any politician have a better plan than Mrs. Clinton?

A: I think McCain has a pretty good plan. He's very high on transparency. None of the other candidates really push transparency because the special interests are so powerful and they don't want it. McCain has the courage to say, "I'm going to make data available about how good your doctors and hospitals are," so in that way it's better.

Both Mrs. Clinton and McCain advocate something else that's very important, and that is they want to get away from "pricing by procedures," where a doctor makes money only when he does something for you. That might seem like a good way to price, but what it stops doctors from doing is doing things that might make you a lot healthier, because if they make you a lot healthier, the doctor won't be paid anymore. This is called "procedure-based pricing" and it's very pernicious. It stops providers from making sure that they catch diseases early on, for example, or that they use less-costly interventions because although doctors are very good human beings, they are also financial human beings, so they get a financial benefit for doing more rather than a financial benefit for making us healthier so we don't need them so much. Both Clinton and McCain understand this and have promised to change this form of pricing.

Q: Are we heading in the right or wrong direction on health care?

A: I think we're headed toward universal coverage, which I think is a very good idea for the simple reason that if you're sick, the 20 percent of the people who are sick spend 80 percent of the money on health care. If you are sick and uninsured, there's no way you will be able to get health insurance because it is so expensive. So until we have the healthy subsidizing the sick, the sick in the United States who don't have health insurance are going to be in the terrible situation of being both sick and uninsured.

McCain doesn't like universal coverage. Neither does Obama. Only Mrs. Clinton is for it. However, Mrs. Clinton and Obama are both for a lot of government intervention. In health care, that's a really bad thing. McCain is the only one who wants everything to be done through the private sector. For example, he would subsidize people so they could go out and buy health insurance rather than having the government dictate the insurance policy to them.

Q: Like food stamps?

A: Like food stamps. Correct.

Q: Are you optimistic or pessimistic that our political leaders have the wisdom to take their paws off health care and allow a free market or a semblance of one to develop?

A: No. If the Democrats get elected, absolutely not. And what I now see, they are all about more government -- more government funding, more government control. I teach at the Harvard Business School. In a class of 100 students, I have 20 fully trained doctors. I say, "What the heck are you doing here? Why aren't you practicing medicine?" They say, "I cannot practice medicine any more." That's a tragedy and that tragedy will become much worse under a Democratic administration.

Bill Steigerwald is a columnist at the Pittsburgh Tribune-Review. E-mail Bill at steigerwald@caglecartoons.com. ©Pittsburgh Tribune-Review, All Rights Reserved.