Friday, August 31, 2007


A familiar face once again is leaving the third floor of the City-County Building.

As Carl Malysz stated upon his acceptance as the new economic development director and part-time position of housing rehabilitation coordinator June 13, 2007: "One door closed and another opened up."

Freedom of Speech believes this door must be "spinning" pretty fast right now.

Carl Malysz recently accepted a new job with Home Builders of Southern Indiana. And is expected to abandon "the good ship lollipop" sometime in September like several other Garner employees.

What ever happened to going down with the ship...Carl?

We thought you were the right hand of Mayoral candidate Doug England.

As they say: Birds of a feather flock together.

Guess it didn't take you long to figure out what's really going on in the Garner Administration...right?

Since developers and builders is your speciality--now we see the big picture.

Smart move Carl!

Thursday, August 30, 2007


Is this a Mayor Garner "Scare Tactic?" Why did Garner veto the council ordinance that ask the court to review the no-bid contract issued by the sewer board? Why is he afraid for all the facts to come out before us taxpayers? We all know how he doesn't like public criticism.

Here's the scam he is trying to/scare us with:

Council Attorney.........................$150.00 Hour
City Attorney................................$95.00 Hour
Sewer Board Attorney.................$95.00 Hour
Stormwater Board Attorney.....$95.00 Hour

Outside Counsel For Both Sides...........$600.00 Hour

Total Cost To Citizens Of New Albany..$1,035.00/Hour

Average Litigation
Time 250 Hours............................$258,750.00

Appealed to Higher Court............$258,750.00

Minimum cost To Citizens...........$517,500.00

Source: Mayor "Jimmy" Garner


Let's look at these salaries taxpayers are already paying these Attorneys:

City Attorney Shane Gibson:

Attorney's budget.................$27,986.00
Plan Commission...................$13,165.00
Flood Control.....................$1,600.00
Total(Part-time position)..$42,751.00

Source: 2007 Payroll Records

Stormwater Board
Atty. Mike Summers............$14,500.00

Source: 2008 Stormwater Budget Request

If Garner wanted to save taxpayers money and not pay all these attorney's fee, he could tell the boards to put the contracts out for bid.

It's just that simple.

Think about it: So the taxpayers should pony up, pay for your incompetence and your mistakes?

Damn, don't these people ever quit?

Freedom of Speech continues to point out that the sewer utility has been expanding the sewers and NOT really fixing the old sewers. We know our tax dollars and sewer rate fees are not being spent properly. We continue to support that the Mayor and the Sewer Board members have been wasting our taxpayer dollars on Sewer Board Attorney Fifer's fees. Easy money eh Fifer? But like you once told me, "I have to make a living."

But really, we're sick of you and all the other attorneys and consultants making a living off us taxpayers hard earned money. These boards have not been serving the taxpayers and then you expect us to continue to foot the bill!

This administration has put us in one lawsuit after another. And our council has aided and abetted you to do so!

In the real world we live in, we must actually account for our income/expenses, figure out the things we need, and live within our means. You in local government should have more responsibility to do so because it is not your money!

Shame on every damn one of you...

Jimmy let's not resort to scare tactics and innuendos.

The game playing and trickery needs to end. How desperate are you? Everyone said when you lost the primary that you would pull every trick in the "book" before you left office.

Besides, Mayor Garner, there are criminal penalities with regards to the EPA and the city is on the hook for those penalities now and even after you leave office!

Freedom of Speech believes:

The principle of fairness suggests that the burden of waste disposal should be shared equitably among all citizens responsible for producing the waste. While the New Albany residents have not yet adopted a militant posture, we clearly feel abdoned by the political process.

In retrospect, the mayor is clearly to blame for placing the council in this position. Since opposition to this contract was foreseeble, an effort should have been made to advertise for bids prior to making the contract with EMC. If no other qualified companys were found, the claims made by the City Council and residents would not be quite so convincing. By acting as they did, Mayor Garner,EMC and Sewer Board Attorney Greg Fifer ensured that the taxpayers have a distrust, not only of Zurschmiede and Kochert, but of the entire Sewer Board and it's process of negotiating contracts.

Of course, this whole sordid mess will go before the judicial system and probably cost us taxpayer's a few hundred thousand dollars - proving again the gross incompetence, because of this kind of action, the taxpayers do not trust the boards and elected officials.

When will the "raping of taxpayers" ever end in New Albany?

If at first you don't succeed find out if the loser gets anything.
~Bill Lyons

Monday, August 27, 2007


Freedom of Speech received the following email Aug. 27, 2007.

Dear Freedom of Speech,

"I appreciate what you are doing for the taxpayers of New Albany. I would like to furnish you additional information for your readers. Keep fighting the good fight for all taxpayers."

Rep. Eric I. Miller

Dear Readers of Freedom of Speech,


The only permanent solution to the property tax crisis is to repeal property taxes.Politicians in both parties, at the state and local level, share the responsibility for the property tax crisis. Either they caused it by excessive government spending or they stood by and let it happen.

How would we fund local services without property taxes?

Using figures from the Indiana Legislative Services Agency, property taxes could be replaced by controlling state and local government spending increases, coupled with a one percent income tax increase, a two percent sales tax increase and an amount from Hoosier businesses.

These additional taxes would come only after the voters vote to repeal property taxes. Additionally, over $100 million dollars could be saved each year in administrative expenses.


A Special Session of the Indiana General Assembly is necessary this year to provide property owners with help in 2007

Special Session Agenda:

* Change the $300 million rebate to a credit this year

* Use money from the state surplus for help this year; and

* Review the recently passed 2 year state budget and identify money that can be used for property tax relief this year

Thirty-nine of the 100 House members have signed on to support this effort and 18 of the 50 senators. To pass a constitutional amendment, 51 representatives and 26 senators are required.

Your local legislators below have NOT agreed to support a Constitutional Amendment to allow you to own your own home. Please contact them and urge them to support a Constitutional Amendment to permanently repeal property taxes.

Senator Connie Sipes (D) - 317-232-9526
Representative Bill Cochran (D) - 317-232-9822

Governor Daniels has publicly stated he is open to repealing property taxes, but has not yet indicated his support for the Constitutional Amendment to permanently repeal property taxes. Please contact him and encourage him to support the Constitutional Amendment to permanently repeal property taxes.

Phone: 317-232-4567
Email: To contact Gov. Daniels by email, use the form posted at: http;// [Click Ask Mitch]

The government has no money to spend except the peoples' money. The taxpayers deserve the right to vote to repeal property taxes. The only way this will happen is for the General Assembly to pass a constitutional amendment.

It's time for the citizens to take back control of their government!


Rep. Eric I. Miller
Founder of Advance America

Friday, August 17, 2007


Folks don't you think it appropriate for a chairman of a public service board who admits to criminal acts of bribery, punishable by imprisonment, to resign from "serving" the taxpayers? Just what sort of service is this?!

To add insult to injury, we have been told that the city council should not question the mayor's veto because it is going to run up attorney's fees! Had the mayor really CARED about the citizens, he would have acted on this information, made public at the August 6th council meeting, and demanded resignations immediately, not stood before us and complimented the boards and the decisions they had made.

Those involved in this matter, and we at Freedom of Speech do not think he acted on his own, should be investigated and prosecuted right along with him.

We at Freedom of Speech would like to ask the ex-stormwater chairman, if he is so concerned about such matters of unnecessary expenses to the taxpayers, then doesn't it make sense for you to turn yourself into the prosecutor's office and come clean and save yourself further embarrassment?

Deatrick offers public apology

I would like to take this opportunity to apologize to New Albany Councilman Donnie Blevins and clear the air regarding the question of a job offer in drainage. I did on two occasions encourage Mr. Blevins to seek the foreman position, once in December when the vacancy was created and a few months ago when I expressed to him my dissatisfaction with the performance of the current foreman, however, I did not offer him the job as I explained to him I could only recommend him if he were interested and I did not have the authority to offer him a position.

I can understand how this conversation could be interpreted the way Mr. Blevins did and I can attest to Mr. Blevins' honesty and dedication to public service. I have known Mr. Blevins for several years and vouch for his integrity. He explained to me that he was content to remain in the position that he is currently in and had no interest in supervision after his experience in that role at the previous sanitation operation.

I felt Mr. Blevins would be an asset to drainage and would be what was needed to meet the needs created by the unique mixed operation of EMC management and union work crews.

Again I apologize to Mr. Blevins for this misunderstanding.

- Tim Deatrick, New Albany

Source: New Albany Tribune Aug. 15, 2007

Admission of guilt? You the readers of Freedom of Speech decide for yourself!

Or, ex-chairman are you scrounging through your desk drawer now, looking for your passport?

What you have managed to accomplish for the citizens of New Albany is make a total mockery of public service and when the public can not trust part of it's leadership, then it is wary to trust ANY of it's leadership.

When other communities are taking initiatives to deal with current issues such as UNFAIR PROPERTY TAXES, our community is having to deal with this. It's no wonder we can't catch up to the 21st century in New Albany. The inmates are running the asylum here and it's never been more apparent.

And finally, to the city council members that voted to address the non-bidding of the stormwater and sewer contracts, if you had any reservations about your convictions about this matter, now you should have NONE!

Thursday, August 16, 2007


Governor Daniels issued this statement Monday regarding Indiana's ongoing property tax discussion:

"I keep in close touch with events and like everyone am dismayed about the size of residential property tax increase.

Let's start with the basics: property taxes pay for local spending and local borrowing. They are collected by and for local government, schools and libraries.

As governor, I will take every step I have authority to take to help Hoosier homeowners. First, I have directed the Department of Local Government to approve any county's application to permit homeowners to pay their property taxes in installments and to extend bill due dates. I have ordered the Indiana Bond Bank to faclitate short-term financing by local governments that need cash when awaiting these installments.

I am also exploring some ideas with legislative leaders about how a special session might provide immediate relief directly to property taxpayers who have been especially hard hit. I have instructed DLGF to probe the unexplained disparity between residential and commercial reassessment in many counties, taking follow-up action if warranted. The state will not approve pending budget orders until commercial and industrial real estate assessments have been further analyzed. DLGF also will notify localities that upcoming budgets that spend above the rate of inflation will be rejected until spending is under control. Pending and future bond issuances also will be held in problem counties.

Never forget the money all comes from the same taxpayers. The bottom line is there can be no solution without greater control of local spending and borrowing.

That means greater scrunity by taxpayers and by state government, and it means fundamental reform for the long term. We have far too many layers, elected offices and overhead.

Source: Governor Mitch Daniels

Freedom of Speech would like to say:

Homeowners aren't just mad. They are fed up. We want to see some major changes. The Governor created a commission to seriously study the layered bureaucracy of local government. The purpose of the Blue-Ribbon Commission on local government Reform is to develop recommendations to reform and restructure local government in Indiana in order to icrease the efficiency and effectiveness of its operations and reduce its cost to Hoosier taxpayers.


Indiana currently has about 2,730 local units of government with authority to levy property taxes. This includes 92 counties, 1,008 townships, 117 cities, 450 towns, and 293 school corporations. To govern all of these units, Indiana elects an estimated 10,746 officials - including 1,100 with responsibility for property tax assessment.

Freedom of Speech questions:

1. What local government offices might be eliminated to achieve should township/county property tax assessors be abolished in favor of a uniform process managed by the state?

2. What local units of government might be successfully consolidated to reduce overhead and administrative expenses?

3. What services of functions of local government might be reduced, eliminated, or provided in new ways to achieve savings for taxpayers?

4. What constitutional, statutory, administrative, or other charges are necessary to achieve signnificant reforms in the structure and organization of Indiana government

Will Governor Daniels call for reassessment of Floyd County?

Friday, August 10, 2007


Freedom of Speech would like to THANK the following Council members for doing the right thing!

Councilman Donnie Blevins
Councilman Dan Coffey
Councilwomen Bev Crump
Councilman Jeff Gahan
Councilman Steve Price
Councilman Bill Schmidt

And to Councilman Zurchmiede and Councilman Larry Kochert.

Freedom of Speech would like to know: Whose interest are you looking out for, the Taxpayers or EMC.

You can't have it both ways!

Never doubt that a small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.
~Margret Mead

Wednesday, August 08, 2007


Freedom of Speech has only one simple question to ask you Mr. Mayor. What do you, the Sewer Board and the Stormwater Board have to hide?

Why are you so afraid of allowing the court to review the process you use for the awarding of these contracts?

Again, what do you have to hide?

Tuesday, August 07, 2007


What a sweet victory for the "little people" of New Albany tonight!

When a Board member approaches an elected official for his vote for salaries for board members, and in return, the elected official would receive a job and a paycheck.

What do you call it? "Soliciting A Bribe & A Felony".

Our constitution says that no one and I' mean no one is above the law. Nowadays, corruption is most often interpreted by the general public as:

"they want - I give", "I want - I get". But not this time!

Councilman Zurschmiede you need to realize that if our Sewer Board & Stormwater Board have nothing to hide, what is the big deal?

Your Sewer Board waste more taxpayers money than any board we have.

You talk about being concerned for taxpayers money how much did that 5 page letter from Sewer Board Attorney Fifer cost us taxpayers last night? No pats on the back from this group of taxpayers for you Zurschmiede...As we say, It is what it is!

Freedom of speech would like to say: Finally EMC and you "good ole boys" of our Sewer Board finally got what was coming to you.

We will see you all in court!!!!!

In a moment of decision, the best thing you can do is the right thing. The worse thing you can do is nothing.
~Theodore Roosevelt

Sunday, August 05, 2007


Ohio River Greenway would like to welcome candidate Shaunna Graf as new Executive Director. Freedom of Speech would like to offer any help that we can give you. Thank you for spearheading this monumental project for Jeffersonville, Clarksville and New Albany.

Thursday, August 02, 2007


Jimmy...are you still reading the EMC contract?

"When we set this up, one of the things we told the board was, 'Before you enter into any major contracts or major expenditures, bring it before the council.' and they were agreeable to it at the time," Coffey said.

Well I guess the council has learned a big lesson over this deal....uh?

Of course "Little Timmy" Deatrick has to weigh in on this subject and we quote: "It seems to me that if Mr. Coffey wants to disband the board, he wants to revert to a political way of operating...This move is purely political."

Source: New Albany Tribune July 27, 2007

We have a sneaky feeling "little timmy" there is more going on here than what your saying?

We suggest you read Freedom of Speech this coming sunday.

Meanwhile, the Association of Federal, State, County and Municipal employees filed an injunction on Friday to stop the EMC contract from taking effect, "I think they've completely exceeded their authority," Thompson said of the Stormwater Board.

Source: New Albany Tribune July 29, 2007

So you know:

The council formed two new commitees last saturday morning.

* Members of a committee to amend the law governing the Stormwater Board Councilman Steve Price (chairman) Donnie Blevins, Beverly Crump and Kevin Zurschmiede.

* Members of a committee to investigate general bidding practices: Councilman Jeff Gahan (chairman), Dan Coffey, and Bill Schmidt.

Source: New Albany Tribune July 29, 2007

Restraining order has postponed the privatization of New Albany's stormwater drainage department, which would have been turned over to contractor Environmental Management Corp, today.

Source: New Albany Tribune Aug. 1, 2007

Freedom of Speech would like to ask Mr. Brian Dixon and we quote: "We'll just continue to do what we've been doing so far. We have a contract in place to manage the program.

Source: New Albany Tribune Aug. 1, 2007

But Mr. Dixon is what your doing not "contempt" of Court?

Freedom of Speech wonders if "know it all Zurschmiede" has even taken the time to research the laws yet?

Guess we will have to watch and see how this plays out. We think were going to put our money on our council.

How about you readers?

We at Freedom of Speech are going to rely on our council to make the right decisions to get us out of this mess.

There's alot at stake here...let's win this one for the taxpayers!

"First they ignore you,
then they laugh at you,
then they fight you,
then you win."
~Mahatma Gandhi~

Wednesday, August 01, 2007


Bryan M. Stumler, president of Stumler Excavating, in 1994 claimed a piece of excavating equipment was stolen, but the 1990 Gehl loader was discovered buried on another man's property in Pekin three years later.

Stumler filed the claim with Monroe Guaranty Insurance Co. December 29, 1994 stating a 1990 Gehl loader model SL5625, serial No.8180 was stolen. The affidavit of the case said that, in fact, Stumler had the loader transported away from his business construction site and disposed of.

The affidavit said in July of this year Stumler told Indiana State Police Trooper Delman A. Goss, in the presence of his atty. that he instructed an unnamed individual to use his trailer and dispose of the loader.

Two days later, Stumler reported the equipment stolen to the Floyd County Police Department, In February 1995, Stumler received close to $15,000 in compensation from Monroe Guaranty Insurance Co.

About a month later, the loader was delivered back to him and Stumler proceeded to bury it on his property. Several months later, Stumler reportedly dug the loader up and transported it to property owned by Leroy Kruer in Pekin.

Kruer later discovered it, and the serial number was found to match that of the stolen loader.

George Mouser, a neighbor of Stumler's, said he and other neighbors knew of Stumler's actions before the loader was discovered. He said informants told Floyd County Police about the incident, but nothing was done until Kruer discovered the loader and the Indiana State Police became involved.

The fraud charge is a class D felony. The maximum jail term for the charge is three years.

Source: Tribune Staff Writer
Michelle Wycoff

Freedom of Speech would like to ask: Did this same company do part of the work between 15th and Elm Street along the railroad tracks that continues to cave in?

Has this work on the 15th Street Project finally came back to haunt us?