Attorney General Curtis Hill today sent a letter to Gov. Eric Holcomb and leaders of the Indiana General Assembly calling for a special legislative session focused on addressing the COVID-19 pandemic.

“In a republican form of government, we do not govern by executive decree,” Attorney General Hill writes in the letter. “We govern by legislation, enforcement, and adjudication carried out by separately elected (and appointed) officials. The Indiana Constitution so divides government functions to prevent the concentration of power and to facilitate public debate.”

The emergency used to justify hurried executive actions has now become a long-term issue that deserves the attention of the people’s representatives, Attorney General Hill adds.

“To be sure,” he writes, “COVID-19 remains a pandemic and a serious public health threat that all should take seriously, including wearing masks and practicing social distancing. But it has been such for nearly six months, which is enough time to re-engage ordinary mechanisms of republican government.”

Governance by executive decree has sent inconsistent and confusing messages to Hoosiers statewide, Attorney General Hill adds.

“Candidly,” he writes, “while Hoosiers at first mostly obeyed the Governor’s emergency orders, as those orders have endured, overreached, mutated, or proven impracticable, many citizens have begun to lose respect for them.”

Among those deserving clearer guidance, Attorney General Hill adds, are Hoosier parents, teachers and schoolchildren.

“The start of a new school year has crystallized the sense of insecurity and general weariness arising from governance by shifting executive decrees,” he writes. “To educate children, our public schools require clarity, consistency and affirmation of a constitutional process governing both finances and operations.”

The state’s co-equal branches of government must engage with one another for the sake of all Hoosiers, Attorney General Hill states.

“Press conferences from the Governor saying one thing, and letters from lawmakers saying another — neither of which has any legal force — produce only more uncertainty and anxiety for schools, students, parents and citizens about what the consequences might be in a few months of the decisions they make today,” he writes.

A special session, he adds, “is the only way to provide the full measure of constitutional government to which Hoosiers are entitled, ensure consistency in the law governing individual conduct and the operation of public functions, afford certainty in public funding for education and other important government missions, and, critically, restore public confidence in governmental leadership and constitutional governance.”

The full letter is attached.

CORRESPONDENCE.Ltr to Governor, Rep Huston and Sen Bray.08.14.20

Governor Eric J. Holcomb announced the establishment of two new Indiana state forests at a ceremony today in Morgan County.

Ravinia State Forest, near Paragon, encompasses 1,500 acres of wooded rolling hills, valleys and restored cropland. The area now known as Mountain Tea State Forest consists of more than 1,150 acres east of Nashville. The state’s public lands now include 15 officially designated state forests.

“We could not be more excited to formally designate land to create these new state forests,” Gov. Holcomb said. “There’s no better way for Hoosiers to get out and get some fresh Indiana air than by exploring our state’s parks, recreation areas, fish and wildlife areas, and our 158,000 acres of public state forests.”

Recreation opportunities at the new state forests include wildlife viewing, hiking, and gathering wild berries, nuts, and mushrooms. Hunting is also permitted in state forests.

“This is the first time in 67 years that we have created new state forests,” said Dan Bortner, director of the Department of Natural Resources. “As with all our properties, we know Hoosiers and our guests will be able find solace and inspiration in these woods for generations to come.”

The new state forests also serve as two locations for the governor’s Million Trees program, which is an initiative to plant one million trees by 2025.

“This year, our foresters have been hard at work, planting more than 16,000 new trees at Mountain Tea State Forest and 38,000 trees at Ravinia State Forest,” said John Seifert, director of the Department of Natural Resources Division of Forestry. “We look forward to completing this important five-year program.”

More than 700 acres of Mountain Tea State Forest, formerly managed by The Nature Conservancy, had been acquired by the State of Indiana in 2013 with the assistance of the U.S. Forest Service through the Forest Legacy Program. Additional acreage had been acquired in 2009 through purchases from private land owners.

Ravinia State Forest was acquired through the Indiana Department of Transportation’s Crossroads 2000 fund.

This morning, August 14^th, 2020, the Indiana State Police responded to a two-vehicle crash on I-65 in Jackson County that resulted in a Crothersville Police Officer being sent to an Indianapolis hospital with serious injuries.

The initial investigation by the Indiana State Police-Versailles Crash Investigation Response Team indicated two Crothersville Police Officers were providing traffic control for a highway maintenance crew that was working on I-65.

Shortly before 6:00 am, the two officers had pulled onto I-65 Northbound near the 44-mile marker.  The police vehicles were blocking both northbound lanes of I-65 with their emergency lights activated.  Officer Michael A. Weiler, age 45, a five year veteran of the Crothersville Police Department, was in the right lane in a fully marked 2007 Ford Crown Victoria.  A 2020 International truck pulling a trailer, being driven by Harvest L. Beacham, age 37, Indianapolis, Indiana was traveling in the right lane of I-65 Northbound approaching the police vehicles. 

Beacham’s vehicle collided with the rear of Weiler’s vehicle.  Weiler’s vehicle was pushed off the east side of the roadway where it overturned, coming to rest on its top.  Beacham’s vehicle entered the median where it collided with the cable barrier before coming to a stop.

Officer Weiler was extricated from his vehicle before being flown from the scene to St. Vincent Hospital in Indianapolis, Indiana for treatment of serious injuries.  Beacham was uninjured in the crash. 

Alcohol and drugs are not believed to be factors although toxicology results are pending.

The investigation is ongoing at this time.

The Indiana State Police-Versailles Crash Investigation Response Team was assisted by numerous troopers from the ISP-Versailles and Sellersburg Districts as well as the ISP-Commercial Vehicle Enforcement Division.  The Jackson County Sheriff’s Department, Crothersville Police Department, Jackson County EMS, Vernon Township Fire Department, Jackson-Washington Fire Department, Redding Township Fire Department, St. Vincent-Stat Flight Medical Helicopter, 31 Wrecker Service, and C & C Towing also assisted at the scene.

The number of cases of Covid-19 has begun rising around the state of Indiana resulting in four straight days of 1000 plus cases. 

Locally in Washington County, the number of cases has nearly doubled in the last three weeks. 

Washington County Health Nurse Alicia Thompson spoke on WSLM’s Coffee Club Thursday morning and answered some questions for the public. 

ON THE RISE OF LOCAL CASES

[The numbers have been up a lot) have a lot lately. I think that’s everybody getting out, going to entertainment venues, getting together for different kinds of parties…and they started going up very quickly. 

The vast majority of our new positives are adults.  Businesses are open and most people are still not taking this seriously or believe that it won’t affect them much. The problem with that thinking is that it may not affect you much but you may then inadvertently pass it along to someone who can not tolerate it well and it could potentially kill.  

WHY DON’T PEOPLE TALK ABOUT GETTING COVID-19? 

I think it’s just because there is so much unknown and everyone is so scared of it. People don’t want it to get public that they’ve had it. 

Lately, we’ve had more people who want to tell their stories. 

ARE WE STARTING TO SEE LONG-TERM AFFECTS OF COVID AND UNDERSTAND IT MORE? 

Yes, they are just now starting to learn it can affect all systems of the body. It’s affecting all systems. So many people who have had strokes….a kind of arthritis pain in th joints. It’s not something we can speed it up, we have to get all the information as people are positive. It will take a few years to see what all Covid can do to people. 

And yet at the same time, we don’t know the full extent of what it can do, but we are learning ways that treatment has to be changed to take care of different people. 

WHAT ARE YOUR THOUGHTS ON WEARING MASKS? 

I am for the masks just because there is so much unknown. We may get it and we might have little to no symptoms but what can it do you in the future? We have to look at other diseases…Chickenpox can cause Shingles…Diphtheria can damage essential organs in your body.

All these diseases that we’ve had in the past….in the long run can cause something severely or even be deadly.

Why not be proactive and try and prevent it as much as possible because we don’t know what it will do to us.

We don’t want to potentially spread it to someone else. Am I going to inadvertently spread it to grandma, an elderly neighbor or someone who can’t handle it well?

HOW MUCH HAS THE HEALTH DEPARTMENT BEEN USED AS A SOURCE IN THE PAST FEW MONTHS?

The phones have been going non stop.

We’ve worked with all the schools and businesses. We work with all the restaurants and all venues….events….all of these entertainment venues. They have to submit plans and we have to review them. Plus we’re still doing the immunizations and other health department work. 

WILL CASES GO UP AS SCHOOLS REOPEN?

Whatever your decision trust that it’s the best for your child. There is no right or wrong now.

The schools have been doing a great job implementing the new policies….to try and keep everyone safe.

Whether you keep everyone home, if that works for your family….we’re all learning together. To do our best to try and prevent this.

We need to be as vigilant as possible in teaching children proper hygiene.

Trying not to touch our face as much as possible.

Cloth masks should be washed daily. Water bottles should be washed daily.

It’s all a learning curve here. Do our best to keep everything sanitized and wearing the mask as much as possible to keep those children from getting it or potentially spreading it. 

ARE MANY CHILDERN BEING INFECTED LOCALLY?

We are fortunate in Washington County. Not many children have been infected.

At this time they still think they are asymptomatic or have very few symptoms.

They feel that now children with Covid can get something called MIS-C….it is an illness that in the future can start affecting….rash, organs can shut down….it’s just like…all the other positives we have…adults have symptoms afterward.

[Editor’s Note – Multisystem inflammatory syndrome in children (MIS-C) was first identified in April 2020, by doctors at children’s hospitals in the United States and the United Kingdom. The condition has also been called pediatric inflammatory multisystem syndrome (PIMS).]

https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/misc-and-covid19-rare-inflammatory-syndrome-in-kids-and-teens

WHAT MASKS ARE SAFEST? 

We would like you to wear as safe as a mask as possible. If you can see light through it, then it’s not safe. 

Cloth masks need to be washed daily. Disposable masks need to be thrown away when visibly soiled or have been worn for a total of 8 hours. 

Masks with vents built-in will not protect anyone around you. That person could potentially be spreading the virus since the exhaled air is not filtered. 

Cloth masks are about 80 percent effective. 

Disposable masks…please throw them away. I’ve seen so many laying around in parking lots. It could potentially be contaminated. So many trashcans…if you want to throw it away….put it in a trashcan. 

You don’t need to be wearing N95…please save those for the healthcare workers. 

WHAT DO YOU SAY TO THOSE WHO FEEL THIS ISN”T REAL OR A CONSPIRACY?

The only thing we can do is try to educate them.

If there are those that have had this, they can try and speak out and let them know, this is real.

[They could say to them] “I did have it and this is what happened.”

I’ve heard all those theories…and it’s sad. I think it might be political in the sense that they can blow it out of proportion. But it’s very much real. We’ve seen these patients we know what it’s doing to them and there’s nothing fake about it. 

WHEN YOU FIND OUT YOU NEED TO BE TESTED, WHAT DO YOU NEED TO DO? 

If you found out you were a close contact, wait 3-5 days until you go get your test done.

Your body needs that time to have time to build up the antibodies and for the virus to even be able to show up in the test itself.

If you’re a close contact, stay home and wait 3-5 days. 

A huge problem I have noticed is that those people that have been in contact with a positive case are not staying home quarantined. 

If you have been in close contact with a known positive, you are to remain at home for 14 days even if you don’t have symptoms.

The other big problem is that when state contacts a positive case, the positive either won’t participate in the contact tracing or isn’t being truthful about who they have been in contact with.

Then the close contacts aren’t notified of their exposure.

When you’re being tested you have to stay home in quarantine until they get their results.

If you’re being tested or someone in your household being tested you have to stay home and finish that period…you have to stay home until you get your results and know what to do then. 

[People are going out after getting a test and before they find out the results] and that’s helping to spread it. That’s too risky for yourself and everyone around you. 

WHAT IS CLASSIFIED AS A CLOSE CONTACT?

Best rule of thumb for a close contact is someone you’ve been in contact with for 15 minutes.

I’m not going to say you were safe if you were there for 12 or 14 minutes, I don’t believe that at all.

To consider you a close contact, it’s 15 minutes. 

We have a tool we use to determine that. It depends on if they had symptoms or without symptoms. 

WHAT ABOUT WHEN A FAMILY MEMBER HAS TO TAKE A TEST? 

If that is someone that’s in your household, then everyone is in quarantine…14 days. 

You still have to remain in quarantine for 14 days because the symptoms can come up in those 14 days. 

HOW LONG DOES TESTING TAKE? 

On a very good day, it was taking 3-5 days. Lately, it’s taking longer. As long as 7-8 days. 

For some reason the test are taking double the amount of time to get back. 

I don’t know if this is because so many more people are getting tested and labs are overwhelmed or possible very understaffed. 

It is very stressful awaiting results especially when it is about something that is so new and not truly understood.

I have been telling people that it may take up to 8 days to get their results. Many places that are testing are saying 3-5 days but the average has been 8 days.

IS IT TRUE WASHINGTON COUNTY CAN ONLY PROCESS 10 TESTS PER DAY? 

That’s not the truth at all.

The hospital [St. Vincent Accession] has a limited number — I’m not exactly sure what that is. There are two local facilities that will do testing…Schneck and Salem Medical Center. 

Call first and let them know you would like to be tested and they will schedule you to be tested. 

The state still has OPTUM serve sites…they are free of charge. They will test you free of charge and you don’t have to have symptoms or a reason.

You have to call and make an appointment…register online. 

The number is 888-634-1116 and the website is 

https://lhi.care/covidtesting

WHAT ARE THE RECOVERY RATES? 

We have a very high recovery rate. What it’s going to do to you in the future? That’s the real question.

It’s well over 95 percent…maybe closer to 99 percent. 

Sometimes the symptoms can go on for well over a month after the period where they can spread the virus

People who have underlying conditions that haven’t been tested…it’s so iffy…not worth anyone’s life.

WITH CHILDREN GOING BACK TO SCHOOL DO YOU THINK OTHER FALL AILMENTS WILL BE AMPLIFIED? 

Hopefully, with all this extra hygiene and cleaning and with masks, it will cut down of any type of illness because of all the extra cleaning and the handwashing. 

WHAT DID YOU THINK OF THE MASK MANDATE FOR INDIANA?

That was a huge relief. We had actually talked to some stores and asked them to make the policy. They didn’t want to step on customer’s toes or lose customers, they had to wait until their corporate changed the policies. 

It’s so easy….for the vast majority of our population to do online [shopping] We live in a time where that is readily accessible to us. It’s a great resource. It works for everyone.

WHAT IS THE PREDOMINENT AGE GROUP FOR COVID CASES IN WASHINGTON COUNTY?

I have not looked that up.

We’ve been manning the phones and trying to get caught up on the school vaccines.

I have not looked at that. I know it’s lowered…Early it was 60, 65 and older…it’s been younger. Nationally closer to 30 range.

WHAT’S THE BEST WAY TO CLEAN TO PREVENT COVID? 

Any cleaning product that you use for your house should be effective enough.

The outer layer can be killed with soap and water.

That’s not going to kill all viruses….you have to make sure every surface touched or breathed on, needs to be scrubbed down.

Typically we clean the top of the table, but little fingers can touch everything. So you need to clean underneath. 

Bleach? Yes. you have to make sure it’s properly diluted. If it’s not done just right, it can leave the residue on a surface then you could hurt someone if food touched it and then you ate it. 

Every aspect of this is eye-opening. It’s a learning experience for all of us. 

Lysol….it’s very good. It should kill Covid, which has a very permeable exterior layer.

WHAT ARE YOUR THOUGHTS ON FALL SPORTS? 

Those are legitimate concerns. We just have to be vigilant with masks and cleaning.

We may have to raise our voice to talk to our friend six feet away. We can still socialize, but keep that safe distance.

[Editor’s Note – The IHSAA and local schools are requiring masks and social distancing when in stands for high school football games.]

People that aren’t typically in your household, still wear the masks.

HAVE YOU WORKED WITH LOCAL HOTELS ON CLEANING FOR COVID? 

They are all very effective with cleaning.

They get the same information we do.

Neither are able to hold the capacity to have to use the mandatory safety plan the governor spoke about. 

Purdue University announced today (Aug. 12) that more than 99% of students who have been tested thus far before their arrival for Purdue University’s Fall 2020 semester have tested negative for COVID-19. Of the 15,444 results received, 133 have tested positive for COVID-19, for a 0.86% positive rate. Close to 40,000 students are expected to be tested before the semester begins Aug. 24.

As part of the Protect Purdue Plan, all Purdue students are required to have a negative COVID-19 test before arrival on campus for the fall semester, or if recently tested positive, have documentation from the Protect Purdue Health Center that they have completed a 10-day isolation after the test (asymptomatic) or 10 days after symptom onset before arriving on campus.

“Even at this very low percentage of positive cases, we have been able to intercept those students who have the virus before they arrived in West Lafayette, helping address positive cases before they join our ecosystem,” said Dr. Esteban Ramirez, chief medical officer for the Protect Purdue Health Center. “As we get closer to the start of classes, we will continue to receive and report results and will continue to remind students of the testing requirement. It is critical that students follow the components of the Protect Purdue Pledge to ensure they stay COVID-free before their arrival and throughout the semester for the safety of our community.”

First-year students at Purdue will begin arriving Friday (Aug. 14) for Boiler Gold Rush orientation programs. Classes at Purdue begin Aug. 24.

Purdue will update pre-arrival test results on Aug. 19. A dashboard of the current campus status is being developed and will be posted publicly on the Protect Purdue website beginning Aug. 24.

To implement the “test all” program, Purdue entered into an innovative partnership with Vault Health and Rutgers University and provided the needed funding for test kits to be sent to the homes of all students who will be taking on-campus classes this fall. Students complete their test via a telehealth session and receive their results within 48-72 hours. Rutgers’ RUCDR Infinite Biology lab uses the first FDA-authorized, saliva-based qPCR test for SARS-CoV-2.

Students who test positive receive guidance from the Protect Purdue Health Center, which operates 24/7 with nurse case managers assigned to answer calls and work with students, faculty and staff. These students are instructed not to travel to West Lafayette or come to campus for any reason until they have self-isolated for 10 days and are medically cleared by the PPHC.

Here is the Dare to Care Food Bank distribution schedule for the rest of 2020. 

Gov. Eric J. Holcomb announced today that he will ask the Indiana State Board of Education (SBOE) to take action to ensure that Indiana’s K-12 schools receive 100 percent of funding as he committed earlier this summer.

Gov. Holcomb will ask SBOE to call a special meeting for the purpose of taking action to delay the fall count of student enrollment, commonly known as the Average Daily Membership, through at least December. The count date is currently scheduled for Sept. 18.  IC 20-43-4-3 allows SBOE to take action to change the count date for, among other reasons, when there are extreme patterns of illness.

The ADM count, which is completed twice a year, is used to set new funding levels for schools. The count requires school districts to designate students who receive at least 50 percent of their instruction virtually as virtual students. School corporations in Indiana receive 85 percent of the foundation formula dollars distributed for virtual students.

Concern has been raised in recent days that schools electing to begin the academic year by providing virtual-only instruction because of the changing coronavirus conditions in Indiana would receive 85 percent of funding for all of their students once the count date occurs.

“Together with Speaker Huston and Pro Tem Bray, I have asked the State Board of Education to exercise this statutory authority to secure full funding to schools,” said Gov. Holcomb. “There has been a great deal of conversation around school funding in the last five days. It is clear that Speaker Huston and Pro Tem Bray share my commitment to fund schools to the full extent during this uncertain and unprecedented time.”

In the next several days, the governor’s office, with House and Senate leaders, will work with the State Board of Education and the Department of Education on the details of a resolution for SBOE members to consider.

“This solution will put to rest lingering questions or concerns so schools can continue to focus on opening schools safely and educating Indiana’s students,” said Gov. Holcomb.

Senate President Pro Tem Rodric Bray said:

“An important issue with the current school funding law has been discussed over the past several days. This provision of the law (IC 20-43-6-3) requires that students receiving 50 percent or more of their education virtually are currently funded at a lower level than students receiving their education in the school building. This law predates the COVID-19 pandemic and is automatic without some action to address its application under current circumstances. We believe that the State Board of Education has the authority under existing law to adjust schools’ student count date to allow schools to receive 100 percent of their per-student funding. In the next legislative session, the General Assembly can take a fresh look at these statutes in light of the pandemic to ensure schools are adequately funded.”

House Speaker Todd Huston said:

“House Republicans remain resolute in our commitment to provide schools with 100% of their funding during these unprecedented times. Due to recent concerns with the mechanism to provide full funding, we have all agreed that the proper course going forward is to support the State Board of Education in utilizing their statutory authority, which allows flexibility to change the enrollment count date during uncertain times, to ensure schools receive their full funding. We are so thankful for the efforts of our school officials and teachers who have been working tirelessly to serve students and open schools for this academic year.”

Washington County Sheriff Brent Miller issued a statement this morning regarding school bus driving safety.

“Children in our community have begun returning to school, which means we will start seeing school buses on our roadways.  I want to encourage everyone to be careful and to follow the school bus stop arm laws, so our kids get to and from school safely,” Miller said. 

School bus traffic rules are simple, but vary depending on the style of the roadway: 

Two-Lane Roadways:  If a school bus stops on a two-lane road and the red flashing lights are activated with the stop arm extended, all motorists MUST stop. 

Multi-Lane Roadways with NO Barrier between Lanes: When a school bus stops on a multi-lane roadway without a barrier and the red flashing lights are activated with the stop arm extended, motorists in all lanes MUST stop. 

Multi-Lane Roadway with a Grassy and/or Concrete Barrier: When a school bus stops and the red flashing lights are activated with the stop arm extended, only vehicles behind the bus MUST stop. Vehicles that are approaching from the opposite side are NOT required to stop, but should be cautious. 

In 2018, three children in Rochester, Indiana were tragically killed and another seriously injured by a motorist who did not stop as she approached a school bus stop arm. 

The children were struck as they were crossing the road to get on the bus.  This tragedy prompted changes to state law that now require school corporations to avoid stopping on highways, to pass through neighborhoods when possible, and to plan routes so that all pick-ups and drop-offs are on the same side of the road as the bus entrance. 

Even with these important law changes, motorists should always be alert, throughout the school year, for school buses and our students

Drivers who illegally pass a stopped school bus can be charged with a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000.

If that action injures someone, the offense rises to a Level 6 felony, punishable by six months to two-and-a-half years in prison and a fine of up to $10,000. 

Recklessly passing a stopped bus and killing someone is a Level 5 felony, carrying a one- to a six-year prison sentence and up to $10,000 in fines.

Courts also have the ability to suspend driving privileges for someone who violates the stop-arm law. Driving privileges can be suspended for 90 days or for up to one year for repeat offenders.  

Stop-arm violators, though, are notoriously hard to catch. 

Bus drivers are often the only witnesses, and it’s hard for them to collect the information necessary to charge a driver.

Drivers are worried about getting kids safely on and off their buses, and not focused on catching the license plate numbers of bad motorists. 

Lawmakers this past year gave school districts new avenues to seek funding for stop-arm cameras that will take pictures of drivers that pass them and the license plates on their vehicles.

They also made it easier for that evidence to be used to bring charges against drivers in violation of the law. 

Parents can help ensure the safety of their children by teaching them how to safely board the bus. 

The Indiana State Police has these tips for parents and students:

• Have your children put everything they carry into a backpack or school bag so that they won’t drop things along the way.
• Attach a piece of high visibility fluorescent or reflective material to their clothing or backpack.
• Make sure your child stands at least 6 feet (3 giant steps) from the road while waiting for the bus.
• If children must cross the street to the bus, remind them to wait for the driver to signal that it’s safe to cross.

As we travel the roads together this school year, let’s all be mindful of the rules, be careful, and do our part to help get kids safely to and from school. 

As your Sheriff, I will continue to work to protect the children of our community in every way possible, including awareness, education, and enforcement of school bus stop arm laws.