A blog dedicated to carrying on the work of Gary Welsh's Advance Indiana by continuing the fight for the Republican Principles of limited government, free speech, advocate for good government, rule of law, civil liberties, and opposing cults. We oppose the Church of Scientology. Send any requests, news tips, or gossip. Email: 6vwts@notsharingmy.info. Use the Contact Form on the right side of the screen. Follow on Twitter: @IndyRepublicanX
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Sunday, November 19, 2017
Indiana Court of Appeals allows Carmel to Annex Home Place
Saturday, November 18, 2017
Indiana State Supreme Court deals another blow to State Employee Whistleblowers
More bad news for Indiana State Employees. Kara Kenney of WRTV reported on Monday November 13th, 2017 that Suzanne Esserman a 25-year veteran of the Indiana Department of Environmental Management (IDEM) lost her whistleblower case against the State of Indiana.
Kara Kenney writes:
The Indiana Supreme Court has ruled against an ex-state employee who said she was fired for blowing the whistle on misuse of state tax dollars.
In a decision handed down November 2, the Indiana Supreme Court found the state of Indiana is immune from a claim made by Suzanne Esserman under the Indiana False Claims and Whistleblower Protection Act.
Esserman told Call 6 Investigates she was fired from the Indiana Department of Environmental Management when she refused to rubber stamp questionable claims.
In a split decision, the Indiana Supreme Court agreed with the Marion County Superior Court’s dismissal of her lawsuit against IDEM.
Most of the Supreme Court justices said the state is immune from non-tort claims because the whistleblower act does clearly show the state could be sued for violations of the whistleblower statute.
Esserman’s attorney says Indiana workers should be concerned about the ruling, because it makes it more difficult for government employees to expose wrongdoing.
“Ms. Esserman and I are very disappointed about this decision,” said Esserman’s attorney Mary Jane Lapointe. “This decision has the effect of insulating the State from liability for its own misconduct and penalizes the employee who tries to stand up for the taxpayers.”
Justice Steven David dissented, arguing when the law says “employer,” state government should be included in that.
Esserman and her attorney are calling for the state legislature to update the law to specifically include state government as an employer that can be sued under the Whistleblower Act.
“I agree with the dissenting Justice that the term ‘employer’ is clear as a bell, and in our case the State is the employer so the law should apply,” said LaPointe. “We can only hope that the General Assembly will amend this law to make clear that an ‘employer’ includes the State.”
Esserman had worked for IDEM for nearly 25 years and was terminated on January 17, 2014, while working as a senior environmental manager.
The Marion County Superior Court decided IDEM had immunity and dismissed the case.
In December, the Indiana Court of Appeals overturned the dismissal of her whistleblower lawsuit and the case is now in the hands of the Indiana Supreme Court, which heard oral arguments in May.
The Supreme Court ruling pointed out that state workers have another option to sue, under the State Personnel Act.
But Esserman’s attorney said that’s not enough to make up.
“We have utilized that remedy, however, the State Personnel Act’s whistleblower provision does not protect those who object to illegal activity but do not put it in writing—and Ms. Esserman had more oral complaints than written ones,” said Lapointe.
Under the State Personnel Act the employee can’t collect more than 30 days of back pay, and no attorney fees.
Call 6 Investigates has contacted IDEM for a response to the Indiana Supreme Court ruling.
Kara Kenney had first covered this story back in October here.
While we all agree that the State's Whistleblower Law needs to be much better written. IR is skeptical that just enacting a great whistleblower protection law for state employees will do very good. Simply because if the law is never enforced it is meaningless. Longtime readers of INDY REPUBLICAN, ADVANCE INDIANA, and OGDEN ON POLITICS may remember Paul Ogden's fight to be reinstated at the Indiana Department of Insurance after he reported violations of law being committed by an upper-level supervisor. Mr. Ogden was promptly fired for doing his job and reporting illegal activity. We all appreciate and respect Kara Kenney's longstanding commitment to investigative journalism. Ms. Kenney's report on the IDEM Whistleblower reminds us all of Deanna Dewberry's report on Whistleblowers at the Indiana Department of Workforce Development back in 2012.
Here are some links to further information about past state employee whistleblowers:
Paul Ogden's posts on whistleblowing:
http://www.ogdenonpolitics.com/search?q=Whistleblower
http://www.ogdenonpolitics.com/2008/12/part-i-my-days-at-department-of.html
http://www.ogdenonpolitics.com/2008/12/art-ii-my-days-at-department-of.html
http://www.ogdenonpolitics.com/2008/12/part-iii-my-days-at-department-of.html
Paul Ogden and Gary Welsh's posts on the 2012 Department of Workforce Development's Whistleblowers:
http://www.ogdenonpolitics.com/2012/02/whistleblowers-attempt-to-report.html
http://advanceindiana.blogspot.com/2012/02/whistle-blowers-say-mismanagement-at.html
Indy City Councilor Jeff Miller Charged with Child Molestation
Jeff Miller
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Jeffrey Miller, 50, a city-county councilman for District 16 is charged with three felony counts of child molesting. District 16 serves the near southeast, south and southwest sides of Indianapolis.
The Marion County Prosecutor's office filed the charges Friday afternoon.
The investigation began after a 10-year-old girl came forward claiming Miller had massaged her and made her uncomfortable on more than one occasion.
The probable cause affidavit for the case details multiple conversations investigators had with children who frequented Miller’s home.
Click here for the rest of the story.
UPDATE: Sorry to just be updating this now on August 16th, 2018. But we originally reported that Jeff Miller resigned last year. He actually didn’t resign until now.
Friday, November 17, 2017
$1 Billion Trucking Fees Lawsuit filed against Eric Holcomb's Administration
The Continuing Mystery of Carmel Mayor Brainard's April Joyride
Back in May we reported on Carmel Mayor Jim Brainard's suspicious April 2017 car accident. In that same post we also mentioned that this is not the first car accident that Brainard has had during his almost quarter-century reign as Mayor of Carmel:
In November 2002, he T-boned a school bus in a 2002 Mercury Mountaineer, while attempting to turn left on 99th Street to Westfield Boulevard. No one was injured, but both vehicles were damaged.
We also provided some information revealed to INDY REPUBLICAN by our sources about Jim Brainard:
As far as we can deduce from the information available to us we cannot see any evidence of the police acting improperly at this time. But Brainard's stating that he was fatigued at the time of the incident, along with rumors that Brainard has been suffering from some unrevealed health malady for some time now, possibly prior to 2010. Coupled with sources telling IR that Mayor Brainard is reputed to be very hyperactive, an extreme multitasker, and now having been involved in two traffic accidents during his 20 year reign as mayor. This does raise very serious questions about whether he is physically up to the demands of his job. He may very well be. We strongly would recommend to Mayor Brainard that he get himself medical care ASAP. He also needs to be straight forward with Carmelites about his health. If he is not careful he or others maybe hurt or even killed.
We had heard nothing further about this case until last night, when WRTV's Paris Lewbel reported that their is no record of Mayor Brainard having taken an alcohol test in relation to this car accident.
Mr. Lewbel reported:
Carmel city officials say there is no record of Mayor Jim Brainard taking a drug or alcohol test after he crashed a city vehicle in April. They also say – despite the city’s own employee alcohol policy – that he didn’t have to.
On April 20, Brainard crossed the center line and crashed his city vehicle into a trailer while driving on 3rd Avenue Southwest.
The mayor told responding officers that he thought he may have fallen asleep, and that he’d been “struggling to stay awake earlier.”
After checking to make sure he wasn’t injured, the officers offered to give Brainard a ride back to city hall. He declined multiple times, saying instead that he would walk back.
One of the officers, Carmel Police Lt. Adam Miller, was wearing a wireless microphone that captured the conversation (You can hear the conversation yourself by clicking on the video at the beginning of this post):
Lt. Miller: “Mayor, how are you doing? You alright?”
Brainard: “I’m fine, thank you. I don’t know, I may have slipped over. I was struggling to stay awake earlier. But I don’t think so. Maybe.”
Lt. Miller: “As far as the whole testing process and everything, do you just want to do that through HR? Or do you want us to help you with that? How do you want to handle that?”
Brainard: “Oh, do I need to be tested? Yeah, I do, don't I?”
Lt. Miller: “Because it is a tow-away.”
Brainard: “Yeah.”
Lt. Miller: “If we’re going to tow it.”
Brainard: “Yeah, sure.”
Carmel’s drug and alcohol testing policy requires city employees driving city-owned vehicles to take a post-crash test as soon as possible if one ore more of the vehicles involved “incur disabling damage and must be transported away from the accident scene by a tow truck.”
Carmel Employee Policy
Based on the conversation caught by Miller’s mic, the officers thought Brainard was on his way to do just that.
Officer 1: “He’s walking back to City Hall to talk to Barb so he can go get his pee test.”
Officer 2: “OK good.” Officer 1: “I know, he’s going to have to go get tested.” The official report for the incident lists fatigue as a contributing factor to the crash. The boxes for drug and alcohol testing were left blank. Following months of records requests and digging through crash reports, dash cam video and city policies, Call 6 Investigates found no evidence that the mayor ever submitted to a drug or alcohol test following the crash. Call 6 Investigates specifically asked the city for any communications, invoices or proof that the mayor followed Carmel’s drug and alcohol testing policy and received the following response: “The city has identified no records that are responsive to your request.” The city declined a request for an interview with Brainard, but was willing to answer questions via email. Our first question: Why did the mayor fall asleep while driving? “The mayor was very tired, having worked several long days in a row,” wrote Nancy Heck, director of community relations and economic development for the city of Carmel. “He had been in downtown Indianapolis for an early morning event and had not had a break while on his way to his next event.” And about the mayor’s apparent acknowledgement that he might have to take a post-crash alcohol and drug test? “The mayor, when talking to the police, said he understood he may have to take a test, but he also knew he had a speech to give at the historical society and he did not want to cancel at the last minute,” Heck wrote. Heck also said that, despite the wording of the city’s employee drug and alcohol policy, the mayor is exempt from the post-crash testing requirement because he is an elected official. Call 6 Investigates went through the city’s employee handbook and drug and alcohol testing policy and could not find any language exempting elected officials from it. Heck acknowledged that there is no language specifically exempting elected officials, but said they are, nevertheless, exempted. “Elected officials are not employees. That’s not a policy, it’s just a fact,” Heck wrote. “They are not hired by the City. They are elected by the residents of Carmel.” Heck said Brainard did in fact meet with officials in the HR department following the crash, but that he did not take a drug or alcohol test. She said the mayor had not had any alcohol on the day of the crash. Call 6 Investigates was able to confirm that Brainard did keep his appointment to speak at the Carmel Clay Historical Society less than an hour after the crash. The other driver involved in the crash was cited for driving without a license and driving without insurance. No injuries were reported by either party. Please click the contact tabs on the following news websites and demand they keep looking into this. Don't just call, email, or submit contact forms. Submit, email and call them every 15 minutes! 24/7 if nobody is there leave them a message on their voicemails! Hand deliver letters to there offices! Tell them the ghost of Gary Welsh sent you! http://www.wthr.com
Also contact the City of Carmel Government itself. Here is the contact information for the City:
Carmel City Hall
One Civic Square Carmel, IN 46032
Main phone: 317-571-2400
Mayor: Honorable James Brainard,
(317) 571-2401 |
Tuesday, November 14, 2017
Sean Hannity Issues Ultimatum to Roy Moore w/update
UPDATE: The following day after Roy Moore sent an open letter to Sean Hannity. Hannity said he thinks that the issue of Roy Moore staying in the Senate race is one that should be left to the voters of Alabama. Showing once again that Sean Hannity is an establishment tool!
Is Steve Bannon breaking up with Roy Moore? w/Update
Monday, November 13, 2017
Todd Young Grows a Pair by Calling for Roy "Dirty Judge" Moore to end his Senate Campaign
Senator Todd Young-R IN |
Embattled Alabama Republican Roy Moore's Senate run was complicated by some new developments today. One of which we are proud to report is that our very own Senator Todd Young has called for Moore to pull out of the senate race.
Maureen Groppe over at INDYSTAR has the story:
Indiana Sen. Todd Young joined other Republicans on Monday — including Senate Majority Leader Mitch McConnell, R-Ky. — in urging Alabama Senate candidate Roy Moore to drop out of the race.
Young made the statement after a fifth woman accused Moore of making sexual or romantic advances toward her when she was a teenager.
Senator Young made the following statement on Twitter:
The appearance of grossly reprehensible behavior disqualifies him from service in the United States Senate. If he does not step aside, we need to act to protect the integrity of the Senate (2/2)— Senator Todd Young (@SenToddYoung) November 13, 2017
The fifth woman to come forward today to accuse Judge Moore of improper behavior is Beverly Young Nelson. Nelson accused Moore of sexual assault back in 1977 during a press conference today.
CNN's Eli Watkins reports:
An Alabama woman alleges Alabama Republican Senate candidate Roy Moore sexually assaulted her when she was a teenager, her attorney Gloria Allred said Monday.
Roy Moore's signature from that 1977 yearbook matches Roy Moore's signature on his US Term Limits pledge this year. pic.twitter.com/4gQz9ytZZX— Josh Barro (@jbarro) November 13, 2017
We highly encourage our readers to look at Ms. Groppe's column over at Indystar by clicking here. Also please Contact Maureen Groppe and tell her how much you appreciate this article she wrote. She can be reached via email at mgroppe@gannett.com. Or follow her on Twitter: @mgroppe.
Please also read Eli Watkins piece here.
To the victims of Roy Moore we wish to offer these words of comfort from the words of Saint John the Revelator:
Revelation 21:4New King James Version (NKJV)
4 And God will wipe away every tear from their eyes; there shall be no more death, nor sorrow, nor crying. There shall be no more pain, for the former things have passed away.”
UPDATE: Folks we are going to need a whole fleet of wagons to carry all the Republicans who now want to kick Roy Moore to the curb. In an unusual bit of new Governor Scott Walker of Wisconsin is saying Moore should be dumped:
Nobody even asked Walker, who seems to be going out of his way to dump Roy Moore here. https://t.co/p6iz3IVHl0— Blake Hounshell (@blakehounshell) November 14, 2017
The Hill is also reporting that the White House has floated the idea of trying to send Attorney General Jeff Sessions back to his old Senate seat in Alabama as a way to get rid of Roy Moore.
The New Yorker is also reporting that Roy Moore was banned from the Gasden, Alabama Mall in the 1980's for hassling teenage girls.
In what we hope will be the last update on this post MSNBC reporter Chris Hayes has some interesting things to point out about Roy Moore's past:
Today's allegation against Moore is alleged to have happened in 1977. Leigh Corfman says he assaulted her in 1979. Around that same time two challenges to his law license were filed w the bar and dismissed.
— Chris Hayes (@chrislhayes) November 14, 2017
In 1982, Moore left town for Texas then Australia.