Friday, December 21, 2007

Farrakhan To Speak At Carson Funeral

Controversial Nation of Islam leader Louis Farrakhan, well-known for his racist, homobigoted and anti-semitic views. is scheduled to speak at the funeral of the late Rep. Julia Carson (D) tomorrow, along with other prominent African-Americans. Radio and TV talk show host Tavis Smiley, House Majority Whip James Clyburn (D) and State Rep. Bill Crawford (D) are among them. Sen. Richard Lugar (R), former Sen. Birch Bayh (D), Gov. Mitch Daniels (R) and Mayor Bart Peterson (D) are also expected to speak.

A horse-drawn military caisson carrying Carson's body from her home in the 2500 block of Park Avenue to the State House rotunda where she will lie in repose began at 7:30 a.m. About 100 people joined the Carson family for the walk to the State House. Her family was joined by Mayor-elect Greg Ballard (R) and State Rep. Bill Crawford this morning.

Noticeably absent from the list of dignitaries planning to attend Carson's funeral are former President Bill Clinton and Sen. Hillary Clinton (D-NY). Carson was among Indiana Democrats backing Hillary Clinton's bid for president, and President Clinton had made appearances in the 7th District on behalf of Carson in the past. Clinton's bid for the Democratic presidential nomination is threatened by Sen. Barack Obama (D-IL), who is garnering significant support among African-Americans. One might have expected a Clinton to attend a funeral of such a prominent member of the Congressional Black Caucus given the high stakes Ms. Clinton faces in the coming weeks as the first voters go to the polls to begin the process of selecting a new president.

Ironically, the Democratic blog Taking Down Words reports rumor that Vice President Dick Cheney may attend her funeral. WTHR confirms secret service representatives have been in town making arrangements for someone's visit. Vice President Cheney would have hardly rated very high on Carson's list of favorite persons.

Funeral planners' decision to allow Louis Farrakhan to speak at the funeral could have negative implications for her grandson, City-County Councilor Andre Carson, who is expected to run for her seat in a special election early next year. Rep. Carson relied on support from Indianapolis' GLBT community and Jewish community in her many bids for elective office. "It's the wicked Jews, the false Jews that are promoting lesbianism, homosexuality, [and] Zionists have manipulated Bush and the American government [over the war in Iraq]," Farrakhan was quoted as saying at a National of Islam event just last year. It is shocking that such a divisive figure would be invited to speak at her funeral.

Wednesday, December 19, 2007

Vigo County Court Tries Hatch Act Claim Against Bennett

Vigo County Superior Court Judge David Bolk in an unprecedented move is conducting a trial on a Hatch Act violation claim this week lodged against Terre Haute Mayor-elect Duke Bennett (R) by the losing Mayor Kevin Burke (D). Campaign finance and constitutional law specialist Jim Bopp argued in defense of Bennett's employment with the Hamilton Center, while Indianapolis' Ed DeLaney argued the Hatch Act violation on behalf of Burke. Bennett serves as the operations manager for the nonprofit Hamilton Center in Terre Haute, which also operates a Head Start program funded in part with federal funds.

By virtue of his position as operations manager, the evidence at trial indicates $2,000 of the federal funding can be attributed to Bennett's salary, and that he may have directed the spending of other federal funds by virtue of the position he held. Bopp maintains that federal decisions have consistently held in cases where the amount is de minimus, or there is minimal interaction with the funding, no Hatch Act violation occurs. DeLaney counters that Bennett signed construction-related documents for work on the structures which house the Head Start program.

The testimony during the trial indicated that Bennett actually contacted the federal Office of Special Counsel, which administers and enforces the Hatch Act, to inquire about the applicability of the law to his campaign for Terre Haute mayor. Although Bennett did not request a formal opinion, he was satisfied from the information he obtained from the office that his candidacy didn't violate the law. Burke also admitted he raised the issue of Bennett's eligibility indirectly with the Hamilton Center earlier this year. The Center's CEO told Burke his research on the issue led him to conclude Bennett's candidacy did not pose a problem, and Burke admitted he let the issue die. Burke raised the issue anew once he realized he had lost the election to Bennett by a little more than a hundred votes.

Based upon a report in today's Tribune-Star, it doesn't look like either side raised the issue of campaign contributions by the Hamilton Center. An earlier Tribune-Star investigation discovered the Center had illegally made about $20,000 in campaign contributions to various candidates in recent years, including a pair of $1,000 contributions to both Burke's and Bennett's campaigns. Jim Bopp has argued that a state court lacks jurisdiction to decide the matter. His efforts to get the case removed to federal court have so far failed.

RGA Poll Results More Favorable For Daniels

A recent Indianapolis Star poll suggested Gov. Mitch Daniels' re-election chances weren't too good as we enter next year's election season. That poll showed him with a high unfavorability rating and losing to Democratic challengers. A new poll conducted on behalf of the Republican Governors Association, however, paints a starkly different outlook for Daniels. A Bellweather Research & Consulting poll conducted Dec. 10-15 shows Daniels with a positive job approval rating of 51% and a double-digit lead over his two, potential Democratic candidates, Jill Long Thompson and Jim Schellinger.

According to the poll, voters approve of Daniels' performance as governor by a 51-41% margin. In a match-up against Jill Long Thompson, Daniels beats her 46-33%. He beats Jim Schellinger by a slightly larger margin of 46-31%. A press release from the RGA claims Bellweather has accurately polled Indiana gubernatorial campaigns for several election cycles. The press release suggests the Indianapolis Star poll over-sampled Democrats by 2%. The RGA poll over-samples Republicans 36-24%, which the pollster claims is in line with other public polls and trends since 2000.

Special Interests Fight TIF Reform

Sen. Luke Kenley (R-Noblesville) has introduced SB 17 to place some restrains on tax increment finance (TIF) districts, which erode the tax base and shift property tax burdens to homeowners. In a designated TIF district, taxes paid by property owners are diverted away from other taxing bodies like schools and into a special taxing district to finance projects specific to that area, often to the benefit of specific businesses. Kenley's legislation would, for example, allow taxpayers to remonstrate against a TIF bond. Another idea would prevent a TIF district from being enlarged unless the revenues within the original district are insufficient to meet the financial obligations of the original project. And finally, it requires that an area be blighted in order to create a TIF district. All are good and reasonable ideas, although I would argue don't go far enough. As Niki Kelly writes today in the Fort Wayne Journal-Gazette, you would think the sky was going to fall if Kenley's ideas actually made it into law:

The first would allow residents to remonstrate against a TIF bond. That means it would take just 100 signatures to effectively delay a project enough that the interested business would walk away, said Jerry Stilwell, attorney for Gibson County in southern Indiana.

He noted that officials there used TIF as part of a package to lure Toyota to Indiana in the mid-1990s and that wouldn’t be possible under the bill as written.

“Ours is a success story for TIF districts,” Stilwell said. “I guess somewhere in Indiana there are TIF districts that aren’t working. But I don’t want you to kill the golden goose.”

Another key change in the law would limit the expansion of these districts. The bill would prohibit enlarging the boundaries of a district unless the existing area does not generate sufficient revenue to meet the financial obligations of the original project.

Under this provision, Fort Wayne officials likely would not have been able to expand the Jefferson Pointe TIF district to include the downtown area for the Harrison Square development.

And Mike Howard, the Noblesville city attorney, also testified that the bill would require that an area be blighted to create a TIF district. This would mean cities and counties could not use tax increment financing on farmland, effectively making it a tool only for urban areas.

Kenley reminded these folks after hearing their testimony that he had to find a way to reduce property taxes. Kelly writes, "Kenley politely listened during the hearing but pointedly told those criticizing the plan that it’s time to consider the other side of the coin – taxpayers and their need to pay lower property taxes." “We are going to have to find ways to satisfy both sides,” he said while encouraging those testifying to suggest ways to tighten the use of the districts.

I remember working on TIF legislation back in the 1980s as a revenue analyst on the Illinois House Republican Staff. At that time, there were efforts to expand TIF districts to areas other than those which were blighted. TIFs were originally envisioned as a way of revitalizing blighted, inner city neighborhoods. Nowadays, they declare a several thousand-acre tract of farmland a TIF district, build a major automobile plant on it employing thousands of workers and effectively remove hundreds of millions of dollars in improvements from the tax rolls of school districts and other local taxing districts throughout the early life of the business. In some cases, the business eventually closes without ever being added to the tax rolls. In Indianapolis, virtually the entire one-mile square downtown is a TIF district.

Kenley is on target in his efforts to rein in TIFs, but it once again just points up the unfairness of the property tax. Provisions in the law like TIFs allow elected and unelected officials to pick winners and losers. Some people get a pass on paying their taxes, and others are expected to pay more to make up for the loss. It's unfair, and it's unconstitutional.

Ballard Opposes Repealing Peterson Tax Increase

In an interview with the Star editorial board staff, Mayor-elect Greg Ballard announced he never supported a repeal of the 65% increase in the county option income tax increase, which angered voters this past summer, along with the record increase in property taxes, leading to his upset win over Bart Peterson. The Star's Brendan O'Shaughnessy writes:

Mayor-elect Greg Ballard said today he will not push to rescind a 65-percent increase in the county income tax that took effect in October.

Ballard said he wanted to open up the city’s financial books to public and staff scrutiny to study opportunities to make spending cuts.

“Until we do that, it wouldn’t be prudent” to rescind the tax, Ballard told The Indianapolis Star’s editorial board.

However, he said cuts in city government or the $90 million public safety spending plan the income tax funded could allow parts of the tax to be reconsidered down the road.The tax provoked heavy criticism this year, but Ballard noted he never said he would repeal it.

Ballard said he planned to ask state officials to consider long-term police and firefighter pensions as a statewide issue. Covering the pension liability accounted for a third of the increase. “I think that (fixing the liability) was done too quickly, about two years too quick,” Ballard said.

And what led Mayor-elect Ballard to reach his conclusion? O'Shaughnessy explains:

At today’s meeting, Ballard brought two thick folders representing part of the research his transition team has been doing into how local government operations work. He said he has been busy choosing his top leadership team and getting briefed on challenges and opportunities in 25 areas of city government. There are about 150 volunteers working in those teams, he said.

And that would include 150 volunteers working on those teams who had nothing to do with his election this past November. The team is filled with lawyers from the big law firms who worked against Ballard's election, many of whom don't even claim a residence in the City of Indianapolis. When the people who elected you get shut of your transition team, this is the result you achieve. It's business as usual. I frankly don't even know why I wasted my time on this past election. It's proven to be such a big disappointment.

Tuesday, December 18, 2007

DCS In Hot Water Over Muncie Child Abuse Case

Unfortunately, the errors and omissions which led to the death of Tajanay Bailey's death appear not to be an isolated case. A 3-month-old infant is recovering from injuries consistent with shaken baby syndrome after DCS agreed with a juvenile court judge in Muncie to return the child, who DCS had earlier taken into protective custody, back into the home. DCS had removed the child after the mother violently stabbed the father in the home on November 10 during a domestic dispute. The father has been criminally charged in connection with injuries sustained by the infant just last week. He claimed he accidentally injured the child when he accidentally fell on him. The Muncie Star-Press reports:

A safety plan and orders for extensive counseling were in place when a local juvenile court judge returned a 3-month-old infant to the custody of his parents last month.

The child, Jawaun Henley, was listed in fair condition Monday at Riley Hospital for Children in Indianapolis, suffering from injuries authorities say are consistent with shaken baby syndrome.

Meanwhile, the baby's father, Curtis L. Henley, 35, continued to be held without bond in the Delaware County jail, preliminarily charged with aggravated battery, neglect of a dependent and obstruction of justice. Henley, arrested last Friday, told authorities he shook his son after accidentally falling on him. During a Monday interview, Delaware County Juvenile Court Judge Brian Pierce said protections were in place when he ordered the return of Jawaun Henley to his parents -- Melissa A. Overbay, 21, and Henley -- in the wake of a Nov. 10 domestic dispute that allegedly saw the mother stab the father.

And Pierce said the Indiana Department of Child Services did not object to the placement, agreeing with the safety plan and intensive in-home counseling services to be provided by Meridian Services three days a week.

The judge, who has been on the juvenile bench since last spring, wanted to clarify reports that DCS raised concerns about placing the infant back in a home where Overbay was accused of stabbing Henley. Formal charges have not been filed in connection with the Nov. 10 incident.

A doctor at Riley Hospital for Children, Robert Hibbard, advised the injuries to the Henley infant's brain and ribs were "non-accidental," according to a probable cause affidavit that led to Curtis Henley's arrest.

The elder Henley has denied intentionally hurting his son. A preliminary hearing in his case is set for Wednesday.

Citing the confidentiality of juvenile court records, Pierce would not release a transcript of the Henley hearing without a petition and court order. And he would not discuss details of the safety plan or counseling.

DCS officials also declined to say what they did to protect the Henley infant, citing the same confidentiality rules.

"We cannot discuss specific cases," said DCS spokesman Susan Tielking.

Delaware County Prosecutor Mark McKinney last week called the case "the worst-case scenario of everybody's nightmare."

WTHR's Rich van Wyk also reported on this case on this evening's news broadcast. His report indicated doctors at Riley Hospital had determined that the child had also suffered broken ribs from an earlier injury, which have subsequently healed. He says the father nearly bled to death from the November stabbing committed by his wife, but he declined to press charges against her.

Donaghy Wins Sam Adams Award

Congratulations to political activist Melyssa Donaghy for being named by the Sam Adams Alliance & Foundation as the recipient of its Tea Party cash award of $5,000 "for staging numerous creative protests around the state in response toIndiana?s increasing property tax burden." Bob Costello announced the recipients of six awards from the organization in a press release today. "The awards aredesigned to recognize outstanding citizen leadership and creativity nationwide, and are being given this year to individuals and groupsfrom Indiana, Michigan, Ohio, Tennessee, Texas and Washington," Costello said. The winners will be honored at an awards ceremony in Chicago on December 20

According to the statement, The Sam Adams Alliance aims to revive the principles of our namesakeby connecting and supporting citizen leaders who are working to defend liberty, hold the government accountable, and protect the rights of taxpayers starting at the state and local level. The Sam Adams Foundation strives to educate and inform citizens aboutthe important political issues necessary to maintaining a freesociety, including government accountability, government transparency, property rights protection, fiscal responsibility, free speech, andcitizen initiative and referendum rights.

Congratulations to Melyssa on her well-deserved recognition.

Dark Horse Candidate Could Emerge In 7th District Democratic Race

As 7th District Democrats begin to wrestle with the debate over the late U.S. Rep. Julia Carson's successor, a local Democratic officeholder tells me some are looking at a dark horse choice as a potential compromise candidate for warring factions. That candidate some have in mind, according to the officeholder, is Randle Pollard, a bond lawyer with Ice Miller who formerly worked as Domestic Tax Counsel for Eli Lilly. Pollard previously served as a member of the Indiana State Board of Education and the Indianapolis Private Industry Council.

While Democrats appreciate the many years of service Rep. Carson gave to her community, there appears to be growing resentment towards efforts of those close to her to install newly-elected City-County Councilor Andre Carson, her grandson, to the coveted office. These Democrats feel Andre is neither qualified nor electable. Another leading candidate, Rep. Carolene Mays, is poison to the city's GLBT community, a key constituency in Carson's core group of supporters. Democrats fear that constituency would defect to a Republican candidate like State Rep. Jon Elrod if Mays is the candidate because of her past support for a state constitutional amendment to ban same-sex marriages. Democrats fear a non-African-American candidates, such as State Rep. David Orentlicher or City-County Councilor Joanne Sanders, would alienate black voters, who count on the 7th District seat as the only congressional district in Indiana in which an African-American can get elected. If the seat falls into the hands of a white congressman, it could be many years before Indiana sends another black to Congress.

Pollard, according to the officeholder, is viewed by some Democratic leaders as someone who can attract support from a broader constituency than some of the other candidates free of the baggage many of them carry. As an attorney at Ice Miller, it is unlikely Pollard's name is being floated as a potential candidate without the blessings of another Ice Miller attorney, Lacy Johnson, who was one of Carson's closest political advisers. If he doesn't back Andre's bid to succeed his grandmother, that could be a death blow to his candidacy. What is unclear is how involved Marion County Democratic Chairman Mike O'Connor will get in this race. As the county chairman, he is able to appoint precinct committeepersons to the many vacant slots who will cast a vote at the slating convention next month to select a candidate for the special election. What he does could have a big impact on the race.

Monday, December 17, 2007

The Hill: National GOP Won't Help 7th District Candidate

To the disappointment of 7th District Republicans, The Hill reports that the national GOP will be doing little to help the GOP candidate in a 7th District special election to succeed U.S. Rep. Julia Carson (D) next year. "The death of Rep. Julia Carson (D-Ind.) on Saturday opens the door to a bullish local GOP in a special election, which is likely to be held early next year," writes Aaron Blake. "But if a Republican hopes to pick up Carson’s Indianapolis-based seat, he or she will likely have to do so without the national party." Blake notes Greg Ballard's upset victory in this year's mayoral race and Carson's poor showing in her last election as indications the Republicans can make the race competitive.

One factor working against national GOP support is former House Speaker Dennis Hastert's decision to leave his seat now rather than complete his term. The GOP has already had to defend seats in special elections in Ohio and Virginia this year, and the special election for Hastert's seat has already heated up. Citing a local GOP source, Blake writes:

“No one is looking to the national party to drop a lot of money in here to try and win this race,” the source said. “Everybody knows that it’s something we’ll have to do on our own, locally.” The NRCC is taking a wait-and-see approach and is not expecting to get involved in the district, which went 58-42 for Sen. John Kerry (D-Mass.) in 2004.
Blake notes GOP optimism towards the candidacy of State Rep. Jon Elrod, with or without NRCC support. "State Rep. Jon Elrod is currently the GOP standard-bearer after announcing last month that he would challenge Carson," Blake writes. "The 30-year-old pulled off an upset of an incumbent Democrat in 2006, and Republicans say he has the kind of crossover appeal needed in the congressional district." Blake says that Marion Co. Prosecutor Carl Brizzi is probably preferable to local Repubicans over Elrod, but he is not likely to run. I'm not so sure there is any strong sentiment out there for a Brizzi candidacy as Blake suggests. He also says Eric Dickerson is not likely to run. Quoting Marion Co. GOP Chairman Tom John, Blake writes:

Marion County Republican Party Chairman Tom John said Elrod has assured him he will run in the special election. He called Elrod a strong campaigner but suggested the special election could test his fundraising ability.

“Obviously, the amount of money you have to raise for a congressional seat … is much different,” John said. “One of Jon’s big challenges will be raising that kind of money in the amount of time that it takes.”

Blake describes the Democratic field to replace Carson as "much broader and more contentious." He names City-County Councilor Andre Carson and Sheriff Frank Anderson as the leading candidates to replace Carson. He notes Andre has former U.S. Rep. Andy Jacobs' backing. The Democratic Congressional Campaign Committee declined to discuss the 7th District race with Blake.

Hat tip to Mike Bowman for pointing out this article.