It's Time To Help Jon Elrod!

That's the message from the Indiana Republican Party today. Reminding us that only 5 weeks remain until the March 11 special election, a supportive e-mail seeks support to help get out the vote for Elrod. If you would like to volunteer for Elrod, please call 444-1902. Also, don't forget the neigbhorhood fundraiser next Tuesday, February 12, 2008 from 5:30-7:00 p.m. at the Lockerbie Glove Company at 430 N. Park Avenue. A minimum contribution of $50 is requested. Please click here if you would like more information about that event.

Will Lt. Col. Ray Mejia Be Disciplined?

Sen. Mike Delph (R-Carmel) conducted a press conference in the State House today with a high-ranking, Hispanic Army reserve officer to announce his support for Delph's legislation to crack down on employers in Indiana who hire undocumented workers. "The rule of law is what this country is based upon, and I believe in that," the Star quotes the 54-year-old Mejia as saying. According to the Star, he works with the 310th Expeditionary Support Command as chief of the Distribution Management Center division. Mejia said Delph did not seek him out for his endorsement."I actually came to him," [Mejia] said. "I said, 'I believe in what you are doing.'"

Lt. Col. Mejia is certainly entitled to speak out about his opinion on Delph's legislation; however, military code, as has been explained to me, requires that a member of the military only advocate for political causes while not in uniform. As you can see from this photo from the Star, Mejia is in full uniform when he spoke out in support of Delph's legislation. Last year, Michael Isenhower, an Indiana National Guard member, was quickly demoted from specialist to private first class after he spoke out against SJR-7, the gay marriage amendment, at a Senate hearing while dressed in uniform. Will that same military code which got Isenhower in trouble be used to punish Mejia?

A Pay Cut For Sheriffs

The days of the Marion County Sheriff earning as much as the president of the United States is about to come to an end under legislation making its way through the legislature. Under State Rep. Larry Buell's HB 1108, the sheriff's pay in all Indiana counties will be the same as the county prosecutor's pay. The Star's Brendan O'Shaughnessy explains why Buell is pushing the legislation:

A couple of years ago, we found out that county sheriffs were getting a total compensation package many of us found unreasonable," Buell said.

The pay issue drew Buell's attention after The Indianapolis Star two years ago revealed that, in 2005, Marion County Sheriff Frank Anderson made nearly $268,000 from fees on tax collections on top of his salary of about $100,000.

That total approaches the salary of the president of the United States. At the time, it was also more than what Gov. Mitch Daniels, then-Mayor Bart Peterson, Police Chief Michael Spears and the average Hoosier earned combined.

Responding to negative public reaction, Anderson returned a separate $50,000 salary increase. In 2006, Anderson's tax collection fee earnings dropped to $175,414.

This is a change that is long over due. The taxpayers owe Buell a debt of gratitude for pushing this legislative idea along. Let's hope it doesn't get lost in the wild coming weeks remaining in this legislative session.

Legalized Gambling Coming To A Bar Near You

The Indiana legislature's appetite for more gambling revenues to spend on their favorite government programs is growing even larger this year. Last year, the legislature expanded slot machines to the state's two horse race tracks, a plan which was supposed to provide enough property tax relief to keep taxpayers at bay. We know how well that plan worked out. If bar owners have their way with the legislature, you will be able to play games of chance with pull tabs and other forms of low stake gambling at any establishment which sells alcohol. Yes, that's the same pull tab cards neighbors near Indianapolis' pea shake houses complain about being littered throughout their neighborhoods.

A major proponent of the legislation, not surprisingly, is the Indiana Licensed Beverage Association, which thinks it's unfair that nonprofit organizations, such as your local Catholic church, can offer games of chance to raise money for their charitable causes but bar owners can't. "We're behind this because we think it's a fairness issue," said Brad Klopfenstein, executive director of the Indiana Licensed Beverage Association. "They created a disparity between the not-for-profits and the for-profits. We want to even that out." Ironically, Klopfenstein has been nominated by council Republican for a seat on the Board of Zoning Appeals despite many potential conflicts of interest when matters come before the Board involving businesses which sell alcohol.

Klopfenstein's group is using the lure of more state revenues as a selling point to lawmakers, which his group claims will raise between $5 and $25 million statewide. He suggests that local bars will be able to make $1,000-$2,000 a month extra from the sale of pull tabs and other games of chance. For a change, I find myself in agreement with House Republican Leader Brian Bosma based on what he told the Star's Dan McFeely. "I feel gaming in this state is the crack cocaine of public policy. We simply can't get enough gaming," said Bosma, who voted against HB 1153. "I'm saying, 'No.' I want off the cocaine. I'm done with it."

The social cost of having so much legalized gambling in Indiana is really taking its toll. Businesses, churches, nonprofit groups and families are all being victimized by problem gamblers who are stealing from their employers and their own families to feed their gambling addictions. If Klopfenstein and his group get their way, who can complain about the neigbhorhood pea shake houses? We'll have legalized gambling on every street corner and neighborhood pub if this legislation becomes law. Maybe that's the real point behind this legislation--to make legal all the illegally-operated gaming establishments in this state.

Ballard Mired In Ethics Dilemma Of His Own Making

Mayor Greg Ballard is facing the first ethics test in his 30-day-old administration and is failing it badly. As Advance Indiana was the first to report, Ballard's choice to lead the Capital Improvement Board is a lobbyist for Simon family interests, and his law firm lobbies for the Indiana Pacers. The Star's Brendan O'Shaughnessy, borrowing heavily on my original reporting (without attribution, of course), lands a front-page story questioning the ethical propriety of one of the biggest appointments Ballard will make as mayor. O'Shaughnessy opens his story:

Mayor Greg Ballard's choice to lead the Capital Improvement Board heads a law firm that has lobbied for the Indiana Pacers, one of the agency's biggest tenants.

The CIB owns Conseco Fieldhouse, home of the Pacers.
To avoid a conflict of interest in his new role, Barnes & Thornburg managing partner Robert T. Grand has set up an "ethical screen" that includes removing himself from any discussions about the Pacers.

He also has promised to bar the firm -- one of the city's biggest, representing various clients with interests in city business -- from working for anyone involved in matters harmful to the CIB and said he would forgo any potential compensation from his firm's involvement with the Pacers.

A political watchdog questioned whether those steps would be enough to outweigh the perception of a conflict, while an ethics expert questioned whether it would limit Grand's effectiveness on the board.

As I pointed out in my report, the appointment of Grand to the CIB directly clashes with a key element of Ballard's campaign pledge to enact ethics reform if he was elected mayor. That campaign pledge promised to prohibit registered lobbyists or people with a financial interest from serving on any board or commission that directly affects or deals with their lobbying or financial interests. With an "ethics schmethics" style reply, Ballard said of the Grand ethics problem, "Bob said he wouldn't do it if it embarrassed us," Ballard said. "But we want top talent." O'Shaughnessy added, "Ballard also said Grand 'has a reputation for being a clean and ethical guy.'" I would add an editorial comment here that Ballard didn't even know who the hell Grand was until a few months ago when he showed offering to raise a few bucks for his strugging campaign. Grand's response was equally as repulsive as Ballard's. "Why would I turn away this opportunity to serve this mayor and my city because I happen to be registered as a lobbyist?" he asked.

To cover up the error in this horrific decision, Ballard and Grand have created what they call an "ethical screen" to give the appearance they are trying to deal with the problem. Because the Indiana Pacers are one of the biggest agenda items coming before the CIB, essentially Grand, as its leaders, will supposedly step back from participating in any decisions involving the Pacers. Under this plan, which I assure will have attorneys all over town laughing as they stand around the water coolers Monday morning discussing it, Grand will do the following to avoid conflicts of interest:

• Notify the CIB any time a client of the firm is involved in "matters with or become adverse to the CIB."
• Abstain from taking part in deliberations or votes on such matters.
• Establish an "ethical screen" that precludes Grand's involvement in matters in which the firm represents the Pacers.
• Bar Grand's access to the firm's files on the Pacers.
• Bar access by firm attorneys to any materials Grand receives in his role as a member of the CIB.
• Deduct from Grand's compensation any share of firm income derived from representing the Pacers.

"I have not ever been involved with anything with respect to the Pacers," Grand said to O'Shaughnessy. "To the degree that there is any involvement of the firm with the Pacers, I won't be involved," he added. In the business world, this would be the equivalent of telling the CEO of General Motors he couldn't participate in any decisions involving the company's entire Chevrolet division. "The CIB and the firm have to weigh if the breadth of (ethical) screens is so great that the person would be limited in what they can do," former state ethics commissioner David Hadley said. Nobody with a straight face can say this ethics screen will work. For God's sakes, Bob Grand is the managing partner of Barnes & Thornburg. The ethics problem has already surfaced. Everyone knows, Mayor Ballard, that Grand made sure you were fully briefed on the financial problems facing the Pacers franchise because of lousy attendance, and that Grand or his law firm arranged for your meeting with the Simons at Conseco Fieldhouse on Thursday. It's no secret the Simons think they got a raw deal compared to Irsay and think their lease deal with the City should be renegotiated. As O'Shaughnessy reported:

The thorniest issue Grand might face is the possibility that the Pacers could seek to renegotiate the team's 20-year lease at the 10-year mark, in 2009.

Ballard met with the Simons at Conseco on Thursday. Both sides said the point of the meeting was to get acquainted. Ballard said there was no discussion of a new lease.

Speculation that the Pacers will ask for a new lease has been fueled by reports about the team's financial problems.

What is incredulous about this move by Ballard is the degree to which he has been willing to abandon the higher moral ground that he had coming into office with "no strings attached" as he told the media in order to advance the self-promoting Grand's status as a leading state and city "power broker." Grand's claim that "lobbying" is a small part of what he does is simply not believable to anyone who knows this man. As to ethics, let's examine this part of O'Shaughnessy's story. "[Grand] said his experience in public finance as an adviser to then-Mayor Stephen Goldsmith in building Conseco Fieldhouse and Victory Field qualified him to serve in the position." So he advised Goldsmith on behalf of city taxpayers on the public financing of Conseco Fieldhouse and then he and his firm turned around and became a lobbyist for Simon interests, including the Indiana Pacers. The only thing you can say about the Conseco Fieldhouse lease with the Simons is that it screwed taxpayers a little less than the Lucas Oil Stadium lease with Irsay.

Because Ballard has set out with such reckless abandon to pursue this "business as usual" governance of our city, we must now turn to the City-County Council for help. This appointment of Bob Grand must be rejected by the council. "Council Democrats said they were nonetheless concerned," O'Shaughnessy writes. "After taking considerable heat last year for a series of ethics-related questions about then-council President Monroe Gray's business deals, some said Ballard should be more careful with his appointments." "I go back to perception," said Joanne Sanders, the Democratic minority leader. "I do have some concerns about the appearance of a conflict."

As for Ballard, he tells O'Shaughnessy he plans to submit his own ethics reform package later this month, but if it allows for these kinds of appointments, then it isn't worth the paper on which it's written. This is what really insults the good people of this city. Ballard's Corporation Counsel, taking a page out of his predecessor's lack of respect for ethical considerations, said to O'Shaughnessy that "anyone qualified for a position such as one on the CIB is bound to have extensive business connections that create potentials for conflict." You see, in the world in which these people operate the only people "qualified for a position" come from within a small, elitist group who look down upon all of the rest of us. Strangely, until a few months ago, Ballard was one of those people they looked down upon. Now, Greg Ballard has become one of those people looking down at us in the same way.

UPDATE: There is a key piece of information missing from O'Shaughnessy's report in today's Star which raises even more concern about this so-called "ethical screen." O'Shaughnessy writes, "Ballard said Grand was the one who raised the question of potential conflicts and offered to draft the letter to avoid them." "He said the city's top attorney, Chris Cotterill, reviewed the letter and approved the appointment," he added. Cotterill is a former employee of Grand's law firm! That's right. Cotterill worked as an associate at the same law firm where Grand serves as managing partner. He practiced at the firm for a short period after graduating from law school before Grand helped him land a job in the administration of Gov. Daniels.

Carson, The State Excise Police Officer

In a recent interview with Star political columnist Matt Tully, Democratic 7th District congressional candidate Andre Carson cited ten years of service as a state excise police officer in explaining that he was qualified to serve in the U.S. Congress. A public records request of Carson's personnel file turns up little information upon which we can weigh the experience he gained while working there. Employment records show that Carson began working as an excise police officer on August 24, 1998 and stopped working there in October of last year after nine years of service. His starting annual salary was $18,980, and he was earning $47,648 a year when he resigned his job to take a marketing position with Cripe Engineering. His rank of Officer remained unchanged throughout his tenure.

Superintendant Alex Huskey of the Indiana State Excise Police explains that some information is missing from Carson's file because a Marion County grand jury led by former Prosecutor Scott Newman's office seized Carson's personnel file, along with several other state excise police officers, including that of a cousin, Sam Carson, soon after Carson began working as an excise officer. Newman convened the grand jury to investigate allegations of favoritism within the agency, which at the time was run by a former campaign manager of the late U.S. Rep. Julia Carson, Eugene Honeycutt. At the time, Honeycutt was accused of hiring the two Carson grandsons as a favor to Rep. Carson. In 2000, Honeycutt pleaded guility to charges he accepted food, drink and sexual favors from two Indianapolis strip clubs, although he denied ignoring excise violations at the strip club in exchange for the favors. Another excise employee, John Dugan, was also charged with ghost employment. Both Honeycutt and Dugan lost their jobs. Although neither Carson was charged with wrongdoing during the investigation, Huskey says the prosecutor's office retained some of the information removed from Carson's personnel file.

To be hired as an excise police officer, a candidate need not have a college degree. As a 22-year-old Carson filled out an application for an excise police officer position on September 8, 1997. Carson was required to attest that he had not been convicted of a felony and had never been a member of or affiliated with a group or organization which advocated the overthrow of the U.S. government by force, violence or other unlawful means. After being hired, he was sworn in as an excise officer on October 16, 1998. Excise police records show that Carson successfully completed basic training at the Indiana Law Enforcement Academy in 1999. He finished 88th out of 89 students in the class. However, Huskey cautioned not to read too much into Carson's next-to-last place class ranking. He noted that his academic average of 85.3% was statistically close to peers in his class and well above the passing 70% threshold required of academy attendees at the time. Carson eked out a passing grade in criminal law with a 70% score and a 72% score in hazardous materials. His highest score, 96%, came in firearms. Huskey noted that Carson was a squad leader. A graduate of the academy tells me that a person is not always chosen to be a squad leader because the cadet demonstrates leadership ability. According to the academy graduate, who asked to remain anonymous, a squad leader role may be given to a candidate in need of extra leadership attention. Huskey also points out that newly-hired exicse police officers take their training after they are hired. Carson needed only to pass the basic training exam at the academy to remain employed as an excise police officer. How high he scored on the exam was irrelevant to his continued employment. Excise police records also indicate that Carson had an academic ranking of fourth among excise police candidates in his class. Huskey did not know how many candidates against whom Carson had competed.

While serving as a full-time excise police officer, Carson earned a bachelor's degree from Concordia University in Mequon, Wisconsin in 2003 in Criminal Justice Management and a master's degree in business management in 2006 from Indiana Wesleyan University. Because Concordia is located in Wisconsin, it is assumed Carson completed his bachelor's degree in a correspondence program. Although he was not required to do so, Carson had a copy of his undergraduate transcript placed in his personnel file. Carson studied from Spring, 2001 to Summer, 2003, earning an overall GPA score of 3.48 and credited with 128 hours. His study period was shortened as a result of 14 credit hours that he received from his law enforcement academy training and another 6 credit hours transferred from Ivy Tech. Although he earned mostly As and Bs, his lowest grades came in the latter part of his studies. He earned a C in Mathematics 125, a C- in Algebra 122 and a C- in Statistical Methods 169. Carson earned an A in the World of Islam and an A in the Management of Law Enforcement Agencies. Huskey said he believed Carson completed his studies at Indiana Wesleyan University through evening and weekend classes.

Soon after Carson became an excise police officer, a letter of commendation dated December 13, 1998 and signed by Sgt. Don Weilhamer, Jr. of the Indianapolis Police Department was placed in his personnel file. Sgt. Weilhamer expressed gratitude to Carson's then-boss, Superintendent Gene Honeycutt, for the work of Carson and Officers John Dugan and Kevin Leslie with the investigation of several eastside Indianapolis bars. The investigation resulted in a number of arrests. "These Officers did an excellent job," wrote Sgt. Weilhamer.

Although Carson never earned any promotions during his service as an excise police officer, from December 1, 2006 to August 28, 2007, Carson was assigned to the Indiana Intelligence Fusion Center within the state's Department of Homeland Security as a watch officer. Huskey could not provide a job description for Carson's work at the Fusion Center because of the sensitive nature of his work there. Carson's website, nontheless, describes his duites. "There he worked in an anti-terrorism unit to provide Indianapolis and all of Indiana with the security measures necessary for our physical safety," the site reads. His employment ended there when he was appointed to the City-County Council and became a candidate for election to that office in the November election. Huskey explained that the Fusion Center received grants from the federal government and, although Carson's salary was still paid by the Indiana Excise Police, the decision was made to return Carson to his former job to avoid Hatch Act problems. In a letter dated September 4, 2007, Monte McKee, Executive Director of the Fusion Center, praised Carson's service. "I couldn't be more pleased that you were on our first staff of watch officers during the critical time of start-up operations at the fusion center and seeing us through to a point when we could grow to a full 24-7 operation."

Weeks after Carson returned to the State Excise Police, he tendered his resignation to become a marketing specialist for Cripe Engineering. Carson tendered his letter of resignation in a memorandum to Supt. Huskey dated October 2, 2007. "I have enjoyed nine full years with this wonderful organization," Carson wrote. "I appreciate (sic) the opportunity to serve you."

Mays Files For 7th District Seat

In a surprising move, State Rep. Carolene Mays (D-Indianapolis) becomes the second major Democrat to challenge Andre Carson for the 7th District nomination in the May primary. State Rep. David Orentllicher has already entered the fray. According to Blue Indiana, Orentlicher jumps way out ahead of all other contenders in fundraising. He reported more than $170,000 in receipts by year's end, leading long-time Carson family friend and supporter Wilson Allen to complain that Orentlicher was collecting checks for his campaign before the late U.S. Rep. Julia Carson (D) had even died. "Most of that December money came in before a legal campaign committee was even filed with the Federal Elections Commission on 12/31/07," Allen added.

Many expected Mays to drop her bid after her poor performance at the Democratic slating caucus for the 7th District March 11 election, where Carson was picked over her, Orentlicher and several other serious candidates to face off against State Rep. Jon Elrod (R-Indianapolis). Some speculated she would, instead, opt to run for the seat of the ailing Sen. Glenn Howard (D-Indianapolis), who is not expected to run for re-election. Mays, publisher of the city's black newspaper, Indianapolis Recorder, said in making her announcement, “Indiana needs an experienced, hardworking, and compassionate leader to serve constituents of District 7 and I’m the person to serve the community in that position. I’m extremely committed to continuing the work of being an advocate and community bridge-builder.”

Mays may not be the last to enter the 7th District Democratic race. Former state health commissioner Woody Myers is also said to be planning a run. Some African-American leaders fear a fractured community will pave the way for an Orentlicher victory. Others fear that supporters of Carson's opponents will cross over and vote for Republican Elrod in the special election, hoping to dash Carson's primary bid by causing his defeat in the special election. I'm picking up signs from a number of hardcore Democrats that they intend to settle a score with the Carson machine, which they charge rigged the outcome of the caucus for Carson, and who they believe is imminently less-qualified than any of the other Democratic contenders.

Jennings Appointment Given Second Life

After being nominated earlier this week for a position on the Citizens Police Complaint Board, Gary Jennings learned from CCC President Bob Cockrum that his appointment would not move forward due to a 14-year-old DUI conviction on Jennings' driving record. After Advance Indiana and other blogs reported on the fate of Jennings' nomination, many rallied to support Jennings. Today, Councilor Ryan Vaughn, who sponsored the resolution nominating Jennings, contacted Jennings with a bit of good news. Jennings' nomination will move forward and be acted upon at the February 11 council meeting. Congratulations to Jennings and a big thanks to CCC President Bob Cockrum for reconsidering his earlier decision. I would emphasize that the Board to which Jennings is being appointed has no say over whether a police officer is terminated or disciplined. It simply makes recommendations to IMPD based upon citizen input.

Tully: Is Carson Ready For Congress?

As promised, Star political columnist delivers his assessment of Democratic 7th District congressional candidate Andre Carson this week. It isn't exactly the inspiring piece the Carson campaign had hoped for, but it could have been much worse had his column more critically approached the candidate. Here was Carson's response to the question of whether he's qualified to serve in Congress:

Are you, I asked, qualified to occupy a seat in Congress?

"Absolutely," he said, not surprisingly. "You just have to look at my record."

Carson talked about his decade as a State Excise Police officer, a tenure that ended last year when he took a private-sector marketing job. He pointed to his short time as a city-county councilman. His campaign biography emphasizes his work on a park board and with a neighborhood group.

It's not a bad resume for a 33-year-old. But it's clearly not the kind of resume that would turn a guy named, say, Andre Johnson into the front-runner in a race for Congress . . .

"I'm ready because of my record of public service and because of my heart," Carson said. "It takes a real commitment to think and act for those who don't have a voice."

Carson talks frequently about "being my own man." But let's be honest: He is where he is because of his last name -- and that doesn't make him unqualified. He says years spent working beside his grandmother prepared him for office.

So how did Tully do in assessing the candidate? A good way of answering that question is to take a look at what Tully could have discussed in his analysis but either chose not to or was prohibited by his editors from writing about it. Let's begin with the 10 years Carson spent working as an excise police officer. How did he get that job? According to the Star's own archives, he got it with the help of his grandmother's former campaign manager, who landed a job running the state excise police after he successfully managed her first campaign. That man, Gene Honeycutt, was later removed from his post after he became embroiled in a scandal involving favoritism for certain strip clubs in town in exchange for sex. He was forced to resign and faced criminal charges for his actions as head of the Indiana State Excise police. According to Star reports at the time, Honeycutt hired Carson and another one of his relatives despite their having lower test scores than other more qualified candidates.

Tully also could have talked about Carson's ascension to his City-County Council seat by appointment less than six months ago. What was the first thing Carson did as a newly-appointed council member? He quit his state job and became a marketing specialist for Cripe, an engineering firm which does a lot of government work. Despite having no experience in the engineering field, Carson took a job which, at least from a public perception standpoint, expected him to trade on political favors to help win business for his new employer. That's not exactly a move which instills confidence in the public, is it? And what has Carson done since he's been on the council? There's no mention of anything he's attempted to do as an elected official. Sure, he's only been there a short time, but you would have thought he could have introduced a proposed ordinance or done something to demonstrate he's up to the job.

There's also that matter of the endorsement of Carson's candidacy by controversial Nation of Islam leader Louis Farrahkan. Once again, no mention of that in the Star. Oh well, as Paul Harvey would say, and now you know the rest of the story.