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VICTORIA — Among the many damaging revelations about Premier Christy Clark's government this week was persuasive evidence that her inner circle uses personal emails to escape proper public scrutiny under access to information legislation.
The back channel was on display right there on the covering page of the government's ethnic outreach strategy, tabled in the legislature this week by the opposition New Democratic Party.
When Clark's newly departed deputy chief of staff Kim Haakstad circulated the now-notorious strategy to key staffers on Jan. 10, 2012, she did so not from her email address on the official government server, but from a personal gmail account.
Out it went, all 17 detailed, agenda-setting pages, setting down an eight-component plan with specific assignments, accountabilities, and targets. Despite the premier's effort to downplay it, this was no back-of-the-envelope exercise.
One of the prime recipients was Pamela Martin, director of outreach for the premier and like Haakstad a personal friend of Clark who worked on her successful leadership campaign.
Martin, being employed at taxpayers' expense in the premier's office, has an email address on the government server as well.
But any email traffic with Haakstad through that route would be obtainable via a request for access filed under the Freedom of Information and Privacy Act.
Doubtless that is why Haakstad shipped the electronic document to Martin at her personal Shaw email address.
Lorne Mayencourt, director of outreach for the caucus of Liberal MLAs in the legislature and another member of the Clark leadership team, got his copy through me.com.
Also on the gmail service was Barinder Bhullar, the senior outreach coordinator in the premier's office. And yes, Clark's top-heavy support group included two directors of outreach and a senior coordinator for same.
David Ritchie, then an aide to a cabinet minister, and Jeff Melland, then a caucus communications officer, were both recipients at their gmail addresses as well.
Brian Bonney, then communications director for multiculturalism, received Haakstad's personal email missive at his own firm's address, mainlandcommunications.com.
A seventh designated recipient of this toxic report was Primrose Carson, executive director of the Liberal caucus, whose personal email drop box was at telus.net.
Starting with Haakstad and continuing though the designated recipients, there were eight ports of call on the unofficial communications network established by the premier's office on this file.
Now it is commonplace for folks in government to communicate personal and partisan political concerns through private email accounts, often running on their own personal computers and hand-held devices.
But in this case the private network was being used to transmit and shape a major public policy, enlisting government resources and public servants in the Ministry of Multiculturalism to reach out to a wide range of ethnic communities.
Yes, Haakstad and her coterie of political appointees intended to bend the strategy (and some of those taxpayer-funded resources) to the benefit of the B.C. Liberal party.
But it was public policy they were making nevertheless. And the essence of the provincial freedom of information legislation is to ensure that the public has reasonable access to the information gathered, shaped and enacted on its behalf.
Records must be kept. Reports should be made public sooner or later. Notes, documents, emails, are all FOI-able, to use the shorthand for requests filed under the legislation.
For all that staffers like Haakstad, Martin et al are working for the greater glory of Christy Clark, they are paid out of the public purse. Their correspondence, memos and strategy papers are no less a part of the public record than their salaries and expense claims.
Thus, their resort to personal email communication on the multicultural strategy was a violation of the spirit of access to information legislation and perhaps the letter of it as well.
It also suggests a plausible explanation for how the Liberals managed to cover their tracks regarding last year's departure of chief of staff to the premier, Ken Boessenkool.
The review of his conduct in an incident involving a female staffer at a bar in Victoria, which led to his resignation, occupied two weeks and entailed a number of legal and personnel considerations.
Nevertheless, when my colleague Jonathan Fowlie filed an information request for all materials on the handling of the case, he was advised that the entire affair had been conducted without generating a single written word, paper or electronic.
Perhaps his request drew a blank because the sought-after records were relayed through private emails, as happened with those involving the multicultural strategy.
How often do the Liberals conduct public business through back channels to avoid the legal reach of access to information legislation?
Strikes me as a worthy line of inquiry for the watchdog on the legislation, Information and Privacy Commissioner Elizabeth Denham.
As Exhibit A, she could start with that stealth exercise in multicultural policy-making, mounted by the sneaks in Premier Christy Clark's office.


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New 2021 Freightliner M2 Extended Cab with Century 3212 16 Ton Wrecker (In Production) in Alsip, IL
Vehicle Pricing
Vehicle Details
|M2 Extended Cab with Century 3212 16 Ton Wrecker (In Production)
|Stock #
|Exterior Color
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|Gas Mileage
New 2021 Freightliner M2 Extended Cab with Century 3212 16 Ton Wrecker (In Production)
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subset: commoncrawl


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Justices' Ruling Limits Suits on Pay Disparity
aku1 发表于 2007-5-30 10:37:11
WASHINGTON, May 29 ― The Supreme Court on Tuesday made it harder for many workers to sue their employers for discrimination in pay, insisting in a 5-to-4 decision on a tight time frame to file such cases. The dissenters said the ruling ignored workplace realities.
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Experts Say Decision on Pay Reorders Legal Landscape (May 30, 2007)
Text of the Decision (pdf)
The decision came in a case involving a supervisor at a Goodyear Tire plant in Gadsden, Ala., the only woman among 16 men at the same management level, who was paid less than any of her colleagues, including those with less seniority. She learned that fact late in a career of nearly 20 years ― too late, according to the Supreme Court's majority.
The court held on Tuesday that employees may not bring suit under the principal federal anti-discrimination law unless they have filed a formal complaint with a federal agency within 180 days after their pay was set. The timeline applies, according to the decision, even if the effects of the initial discriminatory act were not immediately apparent to the worker and even if they continue to the present day.
From 2001 to 2006, workers brought nearly 40,000 pay discrimination cases. Many such cases are likely to be barred by the court's interpretation of the requirement in Title VII of the Civil Rights Act of 1964 that employees make their charge within 180 days "after the alleged unlawful employment practice occurred."
Workplace experts said the ruling would have broad ramifications and would narrow the legal options of many employees.
In an opinion by Justice Samuel A. Alito Jr., the majority rejected the view of the federal agency, the Equal Employment Opportunity Commission, that each paycheck that reflects the initial discrimination is itself a discriminatory act that resets the clock on the 180-day period, under a rule known as "paycheck accrual."
"Current effects alone cannot breathe life into prior, uncharged discrimination," Justice Alito said in an opinion joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas. Justice Thomas once headed the employment commission, the chief enforcer of workers' rights under the statute at issue in this case, usually referred to simply as Title VII.
Under its longstanding interpretation of the statute, the commission actively supported the plaintiff, Lilly M. Ledbetter, in the lower courts. But after the Supreme Court agreed to hear the case last June, the Bush administration disavowed the agency's position and filed a brief on the side of the employer.
In a vigorous dissenting opinion that she read from the bench, Justice Ruth Bader Ginsburg said the majority opinion "overlooks common characteristics of pay discrimination." She said that given the secrecy in most workplaces about salaries, many employees would have no idea within 180 days that they had received a lower raise than others.
An initial disparity, even if known to the employee, might be small, Justice Ginsburg said, leading an employee, particularly a woman or a member of a minority group "trying to succeed in a nontraditional environment" to avoid "making waves." Justice Ginsburg noted that even a small differential "will expand exponentially over an employee's working life if raises are set as a percentage of prior pay."
Justices John Paul Stevens, David H. Souter and Stephen G. Breyer joined the dissent.
Ms. Ledbetter's salary was initially the same as that of her male colleagues. But over time, as she received smaller raises, a substantial disparity grew. By the time she brought suit in 1998, her salary fell short by as much as 40 percent; she was making $3,727 a month, while the lowest-paid man was making $4,286.
A jury in Federal District Court in Birmingham, Ala., awarded her more than $3 million in back pay and compensatory and punitive damages, which the trial judge reduced to $360,000. But the United States Court of Appeals for the 11th Circuit, in Atlanta, erased the verdict entirely, ruling that because Ms. Ledbetter could not show that she was the victim of intentional discrimination during the 180 days before she filed her complaint, she had not suffered an "unlawful employment practice" to which Title VII applied.
Several other federal appeals courts had accepted the employment commission's more relaxed view of the 180-day requirement. The justices accepted Ms. Ledbetter's appeal, Ledbetter v. Goodyear Tire and Rubber Company, No. 05-1074, to resolve the conflict.
Title VII's prohibition of workplace discrimination applies not just to pay but also to specific actions like refusal to hire or promote, denial of a desired transfer and dismissal. Justice Ginsburg argued in her dissenting opinion that while these "singular discrete acts" are readily apparent to an employee who can then make a timely complaint, pay discrimination often presents a more ambiguous picture. She said the court should treat a pay claim as it treated a claim for a "hostile work environment" in a 2002 decision, permitting a charge to be filed "based on the cumulative effect of individual acts."
In response, Justice Alito dismissed this as a "policy argument" with "no support in the statute."
As with an abortion ruling last month, this decision showed the impact of Justice Alito's presence on the court. Justice Sandra Day O'Connor, whom he succeeded, would almost certainly have voted the other way, bringing the opposite outcome.
The impact of the decision on women may be somewhat limited by the availability of another federal law against sex discrimination in the workplace, the Equal Pay Act, which does not contain the 180-day requirement. Ms. Ledbetter initially included an Equal Pay Act complaint, but did not pursue it. That law has additional procedural hurdles and a low damage cap that excludes punitive damages. It does not cover discrimination on the basis of race or Title VII's other protected categories.
In her opinion, Justice Ginsburg invited Congress to overturn the decision, as it did 15 years ago with a series of Supreme Court rulings on civil rights. "Once again, the ball is in Congress's court," she said. Within hours, Senator Hillary Rodham Clinton of New York, who is seeking the Democratic nomination, announced her intention to submit such a bill
Apple Releasing a Windows Browser


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With Babylon human voice feature you'll learn correct speech pronunciation. Click on a word or sentence, and a natural sounding human voice will read it aloud, using the proper native dialect. Babylon's human voice feature is available in 30 different languages.
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text: Warner Bros. has just released the first official picture of Henry Cavill as Superman in the forthcoming Batman v. Superman: Dawn of Justice and well…it looks exactly like an official picture of Henry Cavill as Superman in Man of Steel except with a Dark Knight Rises background photoshopped in (so mission accomplished?). Check out the picture and some comments from returning director Zack Snyder after the jump. Continue reading


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Dharmishta Raval (ormerly an Executive Director at SEBI) has this superb paper on the topic. Securities Exchange Board of India or SEBI is a capital market regulator of India. One would usually assume papers on SEBI would be in area of finance etc. However, there some strong legal linkages as well and one is amazed how much it is a legal body as well and has been designed accordingly. Raval was instrumental in drafting the SEBI Act and is an authority on the subject.
She says India set up few regulators post 1991 reforms to regulate and develop markets independent of the government.
In India, there have been several regulators that have been set up, the more prominent of which have been SEBI (securities markets), TRAI (telecom) and CERC (energy). Of these, SEBI was among the rst, and has been seen to be one of the more effective in terms of delivering on a mandate that includes (a) protection of the investor, (b) prudential regulation of securities markets intermediaries and (c) development of the markets.
In order to implement the mandate, the legal foundations to create regulators must have broad enabling legislation. The legislation gives the regulator powers to issue regulations for the sector, and to supervise based on the regulation. But most importantly, the regulator must be empowered to conduct investigation of misdemeanours, adjudicate and have the authority to impose nes and other penalties if wrong-doing is established. Lastly, the credibility of the regulatory process of the regulator is enforced when there are in place appeals processes by courts that have specialised domain knowledge to review regulatory action (which, in the case of the SEBI and securities markets, is the Securities Appellate Tribunals or SAT).
This paper examines various aspects of the legal process at SEBI, starting with the separation of powers between Government and SEBI. To date, there has been little intervention by Parliament in the regulations implemented by SEBI. While legislation places much of the details of how regulation is operationalised within SEBIs powers, the government retains the powers to decide the organisational structure, with the powers to appoint the top management at SEBI. Aside of this, SEBI has the freedom to decide how regulation is to be operationalised, which uses the three mechanisms of regulations, circulars and guidelines.
She looks at this entire legal aspects of setting a regulator. What should be the objective? What should be the legal powers to achieve the objective? What should be the tools in functioning etc
The legal foundations for regulators involves broad enabling legislation. The legislation also gives powers to the regulator to issue subordinate legislation which are required to be tabled in Parliament after they have been issued. This makes it possible for detailed domain knowledge to be embedded in subordinate legislation, which could evolve rapidly. The regulator would then operationalise these regulations in its supervisory function. Regulators feature a unique combination of functions of writing law and administering it. Besides conducting investigations, regulators are also responsible for adjudicating and imposing nes and other penalties for misdemeanours.
There are three steps to establishing regulators:
- Definition of mandate of the regulator
- Creation of subordinate legislation
- Enforcement of the regulatory mandate
SEBI Act 1992 establishes SEBI's mandate:
1. Investor protection,
2. Regulation of the securities market, and
3. Promotion and development of the securities market
Unlike SEBI, both in US and UK there is no explicit mandate to develop securities markets.
She discusses SEBI Act 1992. It is broadly in two parts:
- Role of Government – It appoints board members, SEBI accounts to be maintained by GoI, Functioning of SAT
- Role of SEBI: regulating intermediaries, Framing regulation on insider trading/ take-overs etc, regulations on stock exchanges etc.
SEBI act is different from other acts:
The SEBI Act, 1992 gives SEBI power to draft regulations in order to regulate the market and discharge its functions and duties. While the objectives are provided in the SEBI Act, 1992, the implementation details are left to the regulator. The securities market is regulated more through regulations than through the SEBI Act, 1992.
This is in marked contrast to other statutes in India, which provides for the regulatory framework in the parent Act. For example, the Income-Tax Act is a complete self sucient code, and the income tax authorities are required to implement the Act as against notifyingthe regulatory framework. They are not expected to notify the regulatory framework and be policy decision-makers. The government notifies not only the Act but also the rules. Similarly, the Parliament notifies the Indian Companies Act, 1956, and the government noti es the rules thereunder.
In the case of SEBI, Parliament has delegated its powers of drafting the regulatory framework to SEBI. Besides the parent Act, SEBI also has powers under the provisions of the Securities Contract (Regulation) Act, 1956, (referred as the SCR Act) to notify the framework to regulate stock exchanges, and transactions on the stock exchanges, as well as the depositories under the provisions of the Depositories Act, 1996.
The paper moves on to discuss how SEBi frames regulations, circulars and guidelines. Circulars are meant to clarify regulations. For regulations, SEBI has a more transparent method.
Right from the start, in 1992, before notifying any regulation, SEBI has issued a public concept note or policy paper on the proposed regulations. For example, the SEBI (Insider Trading) Regulations of 1992, which were aimed at prohibiting insider trading, were preceded by a concept paper containing the objectives, rationale and provisions of the proposed regulation. This concept paper was posted on the SEBI web- site seeking comments and suggestions from the public. On receipt of the comments from the public, these were internally debated within SEBI. The revised draft regulations, along with comments received from the public, were then circulated for the consideration and approval of the SEBI Board.
SEBI also appoints committees to recommend the contents of regulations. The committees, which consist of experts as well as policy-makers, study the matter and present recommendations in a report. The report rst gets placed before the public for a period of time for comments. At the end of this period, SEBI takes a decision, and the regulations are amended. On the day SEBI Board approves the regulations, the decision of the SEBI Board is communicated to thepublic by means of a press release.
She goes on to discuss SEBI's other functions of enforcement, inspection and penalties. Also reviews SAT appeals.
Overall it has been great going by SEBI. It has been very transparent in its operations and has evolved well overtime. She then recommends some changes right from its organisation to its functions.
I am not getting into all the recommendations. However, I would just like to add one. SEBI should have good economists (both finance and macro) as well. Taking a cue from SEC which has just appointed Craig M. Lewis as Chief Economist, SEBI could have such experts as well. It just helps connect many dots.
An amazing paper. Covers many aspects of SEBI functioning.


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Major League Baseball statement
Major League Baseball Executive Vice President for Economics & League Affairs Rob Manfred issued the following statement in response to the lawsuit filed by the City of San Jose today:
"In considering the issues related to the Oakland Athletics, Major League Baseball has acted in the best interests of our fans, our communities and the league. The lawsuit is an unfounded attack on the fundamental structures of a professional sports league. It is regrettable that the city has resorted to litigation that has no basis in law or in fact."


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1 lb ground beef
1 lb bulk pork sausage
1 1/4 Quacker Oats (quick or old fashioned, uncooked)
1/4 cup applesauce
1 egg
1/2 tsp salt
For spicy burgers, combine all ingredients; mix well. Shape to
form 12
patties. Place on rack of broiler pan or over ash covered coals
about 5
inches from the heat. Broil for 5 minutes; turn. Continue broiling
about 4
minutes or until desired doneness.
1 1/2 cup applesauce
1/4 cup honey
4 tsp prepared mustard
1/4 tsp cinnamon
dash of cloves
6 English Muffins, toasted, split
For Sauce, combine applesauce, honey, mustard and spices; heat. To
place lettuce leaf on English Muffin half. Top with burger and
Sprinkle with toasted sesame seed; if desired.


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Tianjin Crown Champion Industrial Co.,Ltd was established in 2000,mainly devotes to ammonium sulphate granular and magnesium sulphate researching, developing and producing, as well as other fertilizers and chemicals exporting. Our factory Tianjin Topfert Agrochemical Co.,Limited, invested and established in 2002, mainly manufactures Ammonium Sulphate granular with yield of 50,000mts per year ,50,000mts Kieserite (Magnesium Sulphate) per year and 30,000mts Zinc Sulphate per year.
Supported by the advantages of Tianjin port resource and its investing environment, our export performance is increased 20% per year. We signed the solely export agreement with several factories to support our products, making its much more competitive in the market, including Nitrogen fertilizers, Phosphate fertilizers and Potassium fertilizers, also micro element fertilizers such as manganese sulphate and ferrous sulphate etc. Meanwhile we also enlarge our exporting business, such as food and feed additives products, detergent products and water-treatment products, which makes our export products diversified. The products have been widely exported to Europe, Middle Asia, South East Asia, Africa and Latin America and South America, nearly 50 countries.
Tianjin Crown Champion took the lead in getting ISO9001:2008 certificate. With its scientific management and high efficiency team the spirit of continuous innovation, Tianjin Crown Champion is willing to be your best partner.


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IOWA CITY, Iowa -- The No. 4 Penn State field hockey team kicks off the 2012 Big Ten Tournament on Friday, Nov. 2 after receiving its highest national ranking in a decade. The Nittany Lions, who ended the regular season with a 15-3 overall record and a 5-1 notch in conference play, will begin competition in the semifinals as the No. 1 seed. The squad will take on No. 11 Iowa at 2:30 p.m. on Friday.
After clinching the outright Big Ten Conference Title for the first time since 2008, the Lions are riding a wave of momentum from the regular season. The squad will take on the Hawkeyes, who defeated Michigan State during the first round of tournament play. No. 2 seeded Northwestern will face No. 7 Indiana, while No. 3 Michigan takes on No. 6 Ohio State.
The Lions' only conference loss came from the Wildcats this season in a 5-4 overtime heartbreaker. Sitting atop the Big Ten with a 5-1 record, Penn State secured the Big Ten Championship when Northwestern fell to Iowa 3-2 in overtime to conclude the regular season. Northwestern, Iowa and Michigan all ended with a 4-2 conference record. Penn State has consistently been the top-ranked Big Ten squad in the country, never leaving the top-10 throughout the season. Northwestern is currently ranked at No. 9, ahead of No. 11 Iowa, No. 13 Michigan and No. 23 Michigan State.
Big Ten Coach of the Year Charlene Morett leads her squad into the 2012 tournament boasting the Big Ten Offensive Player of the Year, Kelsey Amy (Sweet Valley, Pa.), and Big Ten Defensive Player of the Year, Brittany Grzywacz (Collegeville, Pa.). Amy leads the squad with 51 points and 21 goals, while Grzywacz has notched 25 points on 12 goals and 1 assist. Junior Whitney Reddig leads the team with 14 assists. Nine Lions have tallied over 10 points this season, including Amy, Grzywacz, junior Ashtin Klingler (Selinsgrove, Pa.; 24), sophomore Laura Gebhart (Mount Joy, Pa.; 24), Reddig (22), redshirt senior Hannah Allison (Mifflinburg, Pa.; 17), sophomore Taylor Herold (Fredericksburg, Va.; 15), sophomore Jenna Chrismer (Mountain Top, Pa.; 12) and junior Lauren Purvis (Maple Glen, Pa.; 11).
In the 6-1 victory over Michigan State, Herold notched the game-winner in the second multi-goal game of her career. Gebhart, Purvis and Reddig each found the back of the cage, as did Grzywacz on her sixth penalty stroke of the season. Purvis had a three-point game, as she recorded the assist to Herold's second goal of the contest. Allison and graduate student Lauren Alwine (Elizabethtown, Pa.) recorded assists, as well.
Senior goalkeeper Ayla Halus (Hershey, Pa.) anchored the Lions' defense, making seven saves to improve to a .740 save percentage. Allowing only one goal in 63:37 minutes of action, Halus moves to a 1.52 GAA, which is 18th in the nation. The co-captain has allowed only 15 goals this season and has made a total of 71 saves.
The Hawkeyes came back and defeated the Spartans on Thursday, Nov. 1 in overtime. Dani Hemeon notched the game-tying goal off of one of 14 Iowa penalty corners. Natalie Cafone found the back of the cage 10 minutes into the extra period to give Iowa a 2-1 victory. Goalkeeper Kathleen McGraw, who was named to the All-Big Ten First Team, made two saves and allowed only one goal in 80:04 minutes of action.
Iowa leads the all-time series against Penn State witha 23-20-1 record. The Lions, however, lead the Big Ten Tournament series with a 5-3 record. In the 2012 regular season, Penn State topped Iowa 5-1 on Oct. 14 in Happy Valley.
The Big Ten Network will provide coverage of the entire tournament, as the quarterfinals will be streamed live on the Big Ten Digital Network. The semifinals and the championship game (Nov. 4) will be available both on BTN and BTN2Go.
Check back to GoPSUSports.com for continued updates during the 2012 season. Follow Penn State field hockey on Twitter at twitter.com/PennStateFH and like the team on Facebook at facebook.com/pennstatefieldhockey.


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The district attorney's office raided two more homes March 22 in connection with the South County school district's scandal. Affidavits, signed by district attorney investigator Vincent Giame, provided the basis for searching the homes of former Southwestern trustees Yolanda Salcido and Jorge Dominguez.
The affidavits released on March 29 once again provide accounts of so much "wining and dining" that some people in South County profess to losing their appetite for scandal. One email, excerpted from the recent affidavits, suffices to remind that the meals and the intrigue is far from over.
The email is written from Henry Amigable to Jeff Flores. Amigable was the program manager for Sweetwater's Proposition O construction and then the program manager for Southwestern College's Proposition R construction. Flores was the CEO for Seville Construction Services, Amigable's employer, and the program management company for Southwestern.
The email not only mentions Southwestern's former president, Raj Chopra, it also calls attention to the interweaving between Sweetwater Union High School District and Southwestern College. Jorge (or George) Dominquez was a former Sweetwater employee and a former Southwestern trustee. Greg Sandoval was a former Southwestern College employee and a former Sweetwater trustee.
It is important to note that this email was sent four months before Southwestern even put out a request for proposal for a program manager.
The district attorney's office raided two more homes March 22 in connection with the South County school district's scandal. Affidavits, signed by district attorney investigator Vincent Giame, provided the basis for searching the homes of former Southwestern trustees Yolanda Salcido and Jorge Dominguez.
The affidavits released on March 29 once again provide accounts of so much "wining and dining" that some people in South County profess to losing their appetite for scandal. One email, excerpted from the recent affidavits, suffices to remind that the meals and the intrigue is far from over.
The email is written from Henry Amigable to Jeff Flores. Amigable was the program manager for Sweetwater's Proposition O construction and then the program manager for Southwestern College's Proposition R construction. Flores was the CEO for Seville Construction Services, Amigable's employer, and the program management company for Southwestern.
The email not only mentions Southwestern's former president, Raj Chopra, it also calls attention to the interweaving between Sweetwater Union High School District and Southwestern College. Jorge (or George) Dominquez was a former Sweetwater employee and a former Southwestern trustee. Greg Sandoval was a former Southwestern College employee and a former Sweetwater trustee.
It is important to note that this email was sent four months before Southwestern even put out a request for proposal for a program manager.
What a revealing email. Is this business as usual in the public sector as well as the private sector?
many of those who have followed my posts both on the ut (before i was banned for failing to admit my true identity and after a complaint by a certain board member) know how passionate i am regarding ridding the educational system (sweetwater and southwestern) of the pay to play aka corruption culture.
i must say when i read this article my stomach actually turned and became upset. this expense report was submitted by amigable to his bosses - this is proof positive of exactly what was going on at both educational districts and it is nothing short of repulsive. this is proof that jeff flores knew EXACTLY WHAT HIS EMPLOYEE WAS DOING AND WHAT THEY (FLORES) WAS PAYING HIM (AMIGABLE) TO DO.
dominguez (george/jorge), amigable, sandoval, 'the gandara', bunton - all of them in positions of power at sweetwater.
keep in mind my fellow neighbors, this and other evidence we are able to review is ONLY the tip of the iceberg - i can only imagine the evidence they must have on quinones, ricasa, 'the gandara', and sandoval.
if this does not empower you to show up, stand up, and speak up against this nonsense i simply do not know what will.
for whatever reason, possibly more corruption than one mind can handle, i had not read the 160+ page pdf on the recent ut article. well, i just did and i am compelled to bring the document to everyones attention. IT IS A MUST READ.
what jumps out at me as i sit here is the absolute gall of these wheeler and dealers that were allegedly buying the contracts at sweetwater and southwestern via gifts, lunches, dinners, tickets, hotel stays, scholarships, beauty pageant entry fees, jersey boy tickets, humidors, golf trips and much much more - NOT TO MENTION THE $80,000.00 worth of campaign donations for board members from the company jaime ortiz works for. one of the ways they were using their financial backing was thru campaign donation contributions. i am not talking small change here - the affidavit in the ut clearly lists the thousands upon thousands that jaime ortiz's company poured into the coffers of those 'special' persons running for board seats, and please note those of whom i speak are not only the democrats - what needs to be questioned is why jaime ortiz company chose to donate the thousands that he did to jim cartmill or should i say 'friends of jim cartmill' and also to john mccann. both of them received/are receiving donations from 'certain entities' to help them pay off their campaign debt (i guess the vitamin business and the 'it' business are not reaping in the profits). while i have questioned it before i will question it again, why would any company donate money into a board members campaign coffer to assist them in paying off their campaign debt? for verification please visit san diego registrar of voters web site and type in the last name of the candidate - there it is folks ALL OF IT PUBLIC INFORMATION................................
while i have called for ricasa and quinones to go - just go away - step down and move on. i am now calling for jim cartmill and john mccann to do the same. while it is true that board member lopez did receive campaign donations from some of the same entities the others did, the one thing that sets her apart from the others is her voting record and her constant remarks demanding 'answers'.
in closing, it is my opinion that the sweetwater board MUST BEGIN A SEARCH FOR A NEW SUPERINTENDENT ''''''''''''''IMMEDIATELY''''''''''''''''''''''. brand has got to go. his involvement with the prop bb grand jury investigation as well as many of the recent events such as 'funds for education' has caused the community and taxpayers to loose faith and favor with this interim superintendent. not to mention that it is rumored that he was hand picked by john mccann to do mccann's bidding. that alone is reason for him to go.
just my humble opinion
Totally correct anniej. It is past time for Brandera to move on. We know now why he was chosen by the majoritynof this board to replace Gandara. It was to keep business as usual.the board did not want change. They were forced into it. Now it is time to get rid of Brandera and the corrupt majority of this board.Iam so glad to see that Domingueze has been finally caught. He was my principal for a short time and the teachers never saw him because he was with Gandara not on site he was dubbed Daisy Dominguez because he was Gandara's chauffeur. No joke.now everyone knows he was as greasy as his hair.
Wasn't this email written at the time when the Southwestern campus was in turmoil over class cuts, free speech rights, etc.? Dr. Raj Chopra, president of the college was taking a lot of heat from the faculty, students, and public, and deservedly so. At this same time, board member Dominguez, instead of supporting or at least showing interest in the public's legitimate demands, chose to "support" Chopra and his wrong doings (I believe he even fell asleep at one board meeting when concerns were being voiced). So now we know why he opposed the public he supposedly represented; it was in exchange for contracts for his pals and to please his Sweetwater boss, Sandoval.
can you imagine the movie all of this would make?
there is an outstanding movie out currently about bullying, what taxpayers need is a movie about pay to play/political corruption.
Oh my my, let's see if I can put the puzzle pieces together.....
SWC - Dominguez is Raj Chopra's boss Raj Chopra is Sandoval's boss
SUHSD - Sandoval is Gandara's boss Gandara is Dominguez's boss
Ok, so much for that, now Dominguez is "driving Miss Daisy" (Gandara) and instead of chatting in the carriage about student achievement and how to support staff, I wonder if their conversations drifted to, oh let me guess, who can show them the most love via the $$$$$.
Along comes Henry, Paul and Jeff to the rescue to pander to the greedy, and abracadabra, guess who gets the jobs, all the while the taxpayer, students and staff are the only victims in this whole scheme of greed. This just continues to get worse and worse, and the fact that everything is in writing only shows that they thought they were untouchable.
well SydneyJean, i think you about summed it all up in one little neat package. i would love to see your spin on sweetwater.
Ahhhhhhh, well let me attempt to sum them up....wasn't it Dominguez (driving miss daisy) who retired in June, 2011, took the handshake offered by the District, with a "wink wink" from the gander to bring him back as a "consultant" ? Wasn't this the same Board that protected the gander when they let him go? Wasn't this the same Board that listened to Bonnie Garcia on how to craft a settlement agreement with the gander? And yes sireee folks, this is the same Board that ate on the ganders credit card they issued to him so he could do "community outreach"' and the same Board that led the good life with the management companies and contractors. With the exception of Bertha Lopez, they all should be arrested. Their greed and arrogance is unbelievable. John McCann needs to grow up and be a man Instead of wanting to be the "main attraction" his bizarre antics at Board meetings should be a wake up call to every voter in the South Bay.
SydneyJean: WOW, i think you about summed it up, isn't is a shame that we are all living and breathing this mess??????????????
The whole affidavit, available on UT site, is worth the read. I get hungry just reading the restaurant receipts. Lobster scampi....cannolis. Then there are the beverages...
When Mr. Amigable changed his plea, his attorney reminded the assembled media that the money spent on gifts, etc. was not the taxpayer's money...
Susan you are right, Mr. Amigable's attorney is trying to do a good job of putting lipstick on the pig. The trouble with this spin is.....prior to the bid opening, officials at SWC and SUHSD were pandered to the maximum. The way the company could recoup their monies is in the bid pricing, which they won. They added their "entertaining" to their bid pricing, which was also padded for future "entertaining". Knowing how lustful their clients were, they were well aware of the $$$'s they needed to recoup. Now it affects the taxpayer, who is paying for the bond monies, which in turns pays the management companies and construction contracts, AND.....all the players, employees and board members.
Exactly! The original bid includes the money they will spend on bribes. In Mexico it is usually 10%. I am not sure what Gandara and friends asked for here but it all points to the same system. If I remember correctly many of these contractors didn't have the lowest bid or were selected by the district committees yet they were still selected by Gandara and the Board. Do you wonder why?
i, with all due respect DISAGREE with mr. amigale's attorney - those bond monies are our tax dollars, contracts that are assigned to contractors due to pay to play, i believe that they are our tax dollars. that those gifts, tickets, contrlbutions are built into the costs, used as write offs on their taxes. hopefully the feds are looking into this as well. we are talking about a whole lot of corruption here, sweetwater alone had 644 mill to be handed out.
after reading all of the affidavits a question that continues to run thru my mind is why aren't these management companies being indicted? they were essentially buying their way into bond contracts, and i believe that is illegal.
anniej: I agree with you. That money they were throwing around was ours. These companies budgeted for those gifts when they calculated their bottom lines. If convicted, their fines for their crimes should be earmarked for repayment to the taxpayers for all of the money they stole.
joepublic: and since, based on the comments in the emails the da has released - sweetwater's board members greedy nature was well known, ANY and ALL of them should NEVER EVER win another contract that involves tax payers monies. just let them try and give a future contract to one of them, something tells me all ----h, e, double l---- with break loose.
La Lucha: ALL of what you say is TRUE, unfortunately.
we the taxpaying voters of the south bay are responsible, myself included. for far too many years i voted and believed that those i voted for would do as they promised - they broke all of their campaign promises and now we are all behind the 8 ball doing all that we can to weed out the corruption and incompetence.
cartmill and mccann sitting on the side lines, hoping the winds of indictments and pleas will pass them by - but it will not, the thousands poured into their election coffers has painted the picture of who and what they are all about; and more and more voters are learning of it weekly - with each and every story - with each and every pdf.
If we had some sort of royal court to oversee things, and if it were actually trying to do things correctly, the result would be that ALL of these intertwined miscreants would be rounded up, tossed in a dungeon, and the king would have as long as necessary to gather the facts. Then at the king's leisure, he would bring them out and interrogate them, and they being utterly terrified would spill their guts. Then the punishments would be meted out. Freedom for a few, years in the dungeon for others, beheading for the worst. Ahh, but I'm talking about a comic strip and not real life. If they are careful, most of these creeps will escape prison. But that doesn't mean the local So Bay voters should keep reelecting them, and if there is no real change in voter attitudes there, that could happen.
The So Bay needs to wake up and now. But being so close to Mexico and so far from heaven, I doubt that it will.
i do not believe that our close proximity to the Mexican border plays a role. take for example ricasa - not latino. take for example mccann, cartmill, and brand - while none of them are under indictment - consensus is they are part of the mess (based on campaign contribution sources and brand being brought here by ???) - not latino.
as for those who are of latino origin, a REAL DISGRACE to their heritage - i am sure that none of their mothers or fathers looked at them the day they were born and said " future crook ".
just my opinion
anniej, we now live in a "multi-cultural" society, meaning that we have many cultures represented here in the county. One of those cultures is that of Mexico, and this sort of corruption is a feature of that culture. My comments were not an ethnic indictment, but rather a comment on how the influence of a society a few miles to the south across an artificially-drawn line can come across and bloom here.
Now, I think that many of us are in a state of eager anticipation waiting for the next shoe to drop. Who will cop the next plea bargain and start ratting out the others? I'd guess that will come sooner rather than later. In fact, there might be news this week.
Visduh: yes, you are correct, this nation, this world is 'multi' i often question, with my polyanna mind, why have we not been able to take all of the good from our blood lines and become super individuals? i know, i am living a fictional dream.
there is much to be said about amigable copping the plea, he is one of the keepers of many secrets, but there are others, several who have been mentioned, but not indicted, who are most likely sharing the dirt with the da.
a year ago i would have told you "IF WE COULD JUST RID OF OURSELVES OF 'THE GANDARA' WE WOULD BE ABLE TO GET BACK TO THE BUSINESS AT HAND" however mondays board meeting has proven that past opinion to be false. brandara is just another 'the gandara' - wearing a different colored frame and smarter, but in reality no better. all about the money - and brandara is up to his old bb and failing 'bank' tricks.
i was told about an L Street project that was referred to by a speaker at that meeting, from what the audio presented it sounds as though this is being seen as a money maker, but for who?????????? (over a million and a half simply thrown away the speaker indicated) if it was all above board one would think it would be out in the open. but alleged secret meetings, alleged promises of political backing seem to indicate the 'certain' persons are of the opinion that they are smarter than the dummies who got caught. little do they know......... "oh the webs that we weave when we practice to deceive!"
there is a 'secret society' out there - they have reached out and been reached out to - gathering up all of the nuts of corruption - dotting their i's and crossing their t's vetting all info.
hopefully in the end sweetwater will be spoken of with words of respect and integrity vs. labels of corruption and deceit.
while i value your commentary to this blog, i sooooooooooo wish you were a part of the south bay, we need more like you down here.
We definitely still need to learn more about all of this. Who can look into the L Street Project?
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Publication Date:
June 2014
For several years now, China Center researchers worked to illuminate China's productivity performance — a critical input for gauging the overall sustainability of any economy. This is not an easy task, as data issues involved are very difficult. In this special briefing paper", Senior Advisor to the China Center Harry X Wu presents the findings of his 30-year long work program on re-estimating Chinese GDP. Wu's results indicate that Chinese TFP growth went negative during the period from 2007 to 2012. Overbuilding, overcapacity, underutilization, and the "advance" of the state into private sector markets are now substantially dragging on China's growth.
[NOTE: updated version as of 20 June 2014]


text: Status update: How to have a strong and effective social media policy Share this 18 FEB 2016 By: Lauren Crossman Social media presents endless opportunities for business and professional development. Online platforms can be used by employees to connect better with their work colleagues and customers, and to assist with the positive communication of their employer's products and business. However, the use of online platforms by employees can blur the line between personal and employment-related activities, and pose significant and diverse risks to an employers' operations, reputation and ultimately their bottom line. These risks potentially include reputational damage, disclosure of confidential and commercially sensitive information, work health and safety issues relating to cyber-bullying and sexual harassment, and the solicitation of key customers, suppliers and employees. In the last few years there have been a number of high profile matters involving employees and social media use, from employees contesting the termination of their employment as a result of posting offensive content and messages, employees using social media to harass and bully colleagues, through to employees being bullied in turn through social media by third parties. Against that background, it is clear that all employers must turn their minds to how best they can capitalise on the endless business opportunities presented by social media, whilst managing those diverse risks. Developing a strong social media policy The starting point for all employers should be to have in place a strong and effective social media policy. That social media policy should be clear on the permitted and prohibited uses of social media, both during and outside of work hours, and put employees on notice that inappropriate use of social media may result in disciplinary action including possible termination of their employment. The top ten priorities for strong and effective social media policies should be: explaining the risks that can arise through the use of social media and the reasons why having a policy is necessary; clarifying the permitted uses of social media during work hours and/or using the employer's resources. This will include when employees are allowed to access social media at work (if at all), when such access is permitted - for example, during an employee's lunch hour or while the employee is on a break, or at any time - and what will be considered to be excessive use; confirming that the policy applies in respect of social media use by an employee outside of work hours where that use impacts on the employer or the workplace, including by an employee publishing comments which are referable (whether directly or indirectly) to the employer, its products, other employees, customers, partners, suppliers or competitors; clarifying prohibited uses of social media, such as an employee engaging in online conduct which may constitute unlawful discrimination, defamation, bullying or harassment. There needs to be careful consideration of how this part of the policy links to an employer's other existing policies covering those issues. Consideration can also be given to requiring employees to inform their employer when they become aware of any potential breach of the policy by another employee - unlike in other jurisdictions, this concept of "dobbing in" a colleague can be difficult to promote in Australian workplaces; confirming that social media use must be consistent with an employee's obligations to comply with all applicable laws, including to not make any comment that may be misleading or deceptive in trade or commerce (in breach of Competition and Consumer Act 2010 (Cth)), and to not disclose any market sensitive information prior to disclosure by the employer (in breach of insider trading laws); reminding employees of their obligations in respect of the employer's confidential information and intellectual property, and privacy, copyright and plagiarism issues more generally; where an employee is subject to a workplace investigation, in addition to requiring an employee to generally assist with that investigation, specifically directing an employee to preserve and not delete relevant social media content, and to provide their employer with reasonable access to that content for the purposes of the investigation; specifically providing the employer the ability to direct an employee to remove or delete prohibited content; expressly stating that breach of the policy may result in disciplinary action up to and including termination of employment; and directing an employee on how they can notify their online connections of their departure from their employer and their acceptance of a new role, and confirming that the inappropriate use of those social media connections can constitute a breach of any post-termination restrictions on soliciting clients. Keep up with the times Of course, with the social media space always rapidly evolving, it is difficult for employers to predict all of the types of issues that may arise through social media use. However, the best defence is always a good offence. Social media policies should be drafted so as to capture new online platforms or channels as they emerge, including all forms of social and professional networking sites, blogs, message boards, podcasts, file and content sharing sites, and virtual worlds or games. A social media policy should be a "living document" which is subject to constant review and updating as required. Training As with all workplace policies, implementing a social media policy without properly inducting new employees and ensuring that existing employees are periodically trained on the contents of the policy will significantly undermine the policy's effectiveness and ultimately the ability of an employer to rely upon the policy when considering disciplinary action against an employee for breach. For employees whose role requires them to actively use social media platforms, such as those in marketing and business development roles, employers should also consider whether those employees require specific training on appropriate use of social media. That training could cover permissible content, social media etiquette and guidelines for engaging with customers, suppliers and readers at large in a manner which is in line with the employer's social media strategy. Consistency is key If the single biggest mistake employers make in relation to employees' use of social media is not having social media policies in place at all, then perhaps the next biggest mistake is having a policy but not applying it consistently. Where an employer either does not have a social media policy, or has a policy but has not applied it consistently, it may be difficult to then take disciplinary action for unacceptable misconduct. Employers may face exposure to potential adverse action or unfair dismissal claims for any such disciplinary action taken. Accordingly, employers need to "take a view" on how they will deal with particular issues relating to social media use, and apply their policies consistently. For example, employers should consider whether they will require employees to delete any "contacts" they have made online purely as a result of their employment, or impose non-competition/non-solicitation restraints in respect of the employee's dealings with those contacts, on the cessation of their employment (and if so, how). Respond swiftly to breaches Employers can also make the mistake of not moving quickly to take disciplinary action where employees' conduct online is unacceptable or in breach of a social media policy. Delays in taking disciplinary action can also limit the effectiveness of any remedial actions taken. Any information published online should essentially be considered a permanent record. As such, if an employee leaks sensitive business information, any delay in having that content removed or corrected will exponentially increase the risk of that information falling into the wrong hands or legal risks arising. On the other hand, taking decisive action to discipline employees for unacceptable social media use can send a strong signal to other employees about expectations surrounding their social media use and the significant consequences of misuse. Policy or contract? Workplace policies, including social media policies, should generally not form part of the contractual terms and conditions of employment. It is best practice for workplace policies to sit alongside employment contracts as a separate instrument and to be clearly stated to be subject to review and change at the employer's discretion. Otherwise, if an employer breaches a policy which is found to form part of an employee's terms and conditions of employment, the employee may have a claim against the employer for breach of contract. Employers should also ensure that each of their workplace policies work together and operate consistently to maximise protection for the business. For example, the social media policy should tie in with, and complement, policies on workplace bulling and harassment, and protection of confidential information. Privacy and surveillance considerations Computer surveillance can be a useful tool for employers in seeking to protect their sensitive business information and in monitoring employees' online conduct. Importantly, employers seeking to implement computer surveillance programs should be aware that a failure to notify employees of computer surveillance may amount to a breach of workplace surveillance and privacy laws. This in turn could prevent the employer from relying on evidence retrieved from online social media in any employment litigation. For example, the Workplace Surveillance Act 2005 (NSW) contains various requirements which must be met prior to undertaking computer surveillance, including notifying employees of that surveillance and an employer conducting that surveillance under the terms of a computer surveillance policy. So what next? Developing and implementing clear, comprehensive social media policies can help employers ensure that employees' use of social media for work-related activities is productive and adds value to the employer's clients, suppliers and other stakeholders, whilst minimising the risks to the employer's operations and reputation. Like most workplace policies, there is "no one size fits all" approach, and an employer needs to consider carefully what social media use policy best serves their needs and protects their business.


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Me too: Feminism and Eating Disorders, No Means No
(Reposting in honor of #Metoo)
It's National Eating Disorders Awareness Week. And the theme this year is "Let's talk about it." Talking about eating disorders isn't necessarily comfortable. Or pretty. Last week I wrote about women having all of their feelings, including anger, and having the right to assert their boundaries. This means a woman has the right to say no. She has a right to say no to unsolicited comments about her appearance and her body size.
When women aren't allowed to directly express these boundaries or when there is trauma such as sexual assault, an eating disorder can become unconscious expression. For example,
- Binge eating or starving can become I'm going to make my body sexually unattractive so I can be protected from ever having to go through the trauma of sexual abuse again.
- Bulimia can become I'm going to take this food in, in a violent, self-harming way, and then I can get rid of it. I can get the trauma and the pain of the assault out of me.
- Anorexia can become I'm going to show you that you CAN be too thin. I'm so thin that I'm smaller than the 12-year-old girls on model runways that your culture says are sexually attractive or coveted.
At the most basic level, women have the right to say no to abuse and feel safe from sexual and physical assault. But when a woman's right to say no is laden with cultural ambivalence and minimizing, abuse and rape occur at an alarmingly high level. And rape culture thrives.
No Means No.
Violence against women is still frighteningly common. Here are just a few scary statistics:
- 22% of surveyed women reported they were physically assaulted by a current or former spouse, cohabiting partner, boyfriend or date in their lifetime. (National Violence Against Women Survey, November 2000).
- Approximately 1.3 million women are physically assaulted by an intimate partner annually in the United States. [i]
- Of the American women surveyed who said they had been the victim of a completed or attempted rape at some time in their life, 21.6 percent were younger than age 12 when they were first raped, and 32.4 percent were ages 12 to 17. [ii]
I see many of these women in my practice. (No, not all women recovering from eating disorders have a history of abuse. Eating disorders have a complex and multifaceted etiology.) Sexual assault among women is very common though more common than you may think. Among my colleagues, we talk about how the statistics are more likely to be one in three women.
One in Three
Due to survivors being reticent to report it, the statistics reported are often much lower than the actual numbers. The shame of the abuse is still often carried by the survivor. When assault perpetrated against a woman is blamed on the woman, or not believed, or minimized, there is little incentive to speak up. We need only look at the news of the past few weeks to find evidence for this. And when convictions for three sexual assault felonies, such as in the 2016 Stanford rape case, get reduced from 14 years in state prison to 6 months in county jail, there is little incentive for survivors to pursue legal action.[iii]
If one in three women has been sexually assaulted in their lifetime, that means it is highly likely that you, your spouse, your sister, your mom, your child, your friend, or your colleague has been sexually assaulted. The experience of sexual assault is not limited to women of particular socioeconomic status, ethnicity, or religion. I am probably preaching to the converted here, but just to name a few basic educational points about sexual assault:
- Sexual assault is an act of violence, not sex.
- Sexual assault is not caused by what a woman wears, drinks, or doesn't drink, or whether she is "in the wrong place at the wrong time."
- Sexual assault is not consensual. If a woman is unable to consent, that is non-consent. If a woman says stop, then that is non-consent. If a woman has said yes in the past, but is saying no now, that is non-consent.
- Sexual assault can leave long-lasting impact of the survivor, including but not limited to Depression, Anxiety, PTSD, Flashbacks, Self-Harm, Suicidality, Eating Disorders, STD's, and unwanted Pregnancy.[iv]
I could go on and on about the work to be done in healing "rape culture." I am grateful for the education and advocacy work[v] being done currently. And I am grateful for the January 2017 Women's March "Pink Pussy Hat" movement reclaiming women's bodies and rights as their own. I am grateful for every survivor doing their healing work. I am grateful for every woman and man who says "No, this is not ok" to rape culture. And I am grateful for 19-year-old Nina Donovan writing her "I Am a Nasty Woman" poem and Ashley Judd reading this poem at the Washington DC Women's March. In Donovan's poem she writes:
"I am not as nasty as racism…homophobia, sexual assault, transphobia, white supremacy, misogyny, ignorance and white privilege."[vi]
Feminism today is being called to become intersectional, addressing the places where misogyny, racism, and socioeconomic status intersect, and where they don't. Stay tuned for the next post on how eating disorders do not just affect straight, white, adolescent women. And, in the meantime, what can you do? You can be an ally. You can talk about it. Talk about eating disorders and that recovery is possible. Talk about how rape culture is not okay. Be an ally: for yourself, for others. Healing is possible. You are not alone.
[i] Findings From the National Violence Against Women Survey, November 2000 https://www.ncjrs.gov/pdffiles1/nij/183781.pdf
[ii] Ibid.
[iii] "Telling the Story of the Stanford Rape Case" by Marina Koren, The Atlantic, June 6, 2016
[iv] RAINN.org RAINN stands for the Rape, Abuse, and Incest National Network and is the nation's largest anti-sexual violence organization. RAINN operates the National Sexual Assault Hotline 800-656-HOPE
[v] Here is one organization working to end rape on college campuses http://endrapeoncampus.org
[vi] Ashley Judd reciting Nina Donovan's "I Am A Nasty Woman" poem at the January 2017 Women's March https://www.washingtonpost.com/video/politics/ashley-judd-recites-i-am-a-nasty-woman-poem-at-march/2017/01/21/93205bc6-dffd-11e6-8902-610fe486791c_video.html
Feminism and Eating Disorders
Any woman who chooses to behave like a full human being should be warned that the armies of the status quo will treat her as something of a dirty joke. That's their natural and first weapon. She will need her sisterhood. –Gloria Steinem
In honor of Eating Disorder Awareness Week, I am writing a series on Eating Disorders and Feminism. The first is a guest blog, "Full Women Have Full Feelings," published on Psyched in San Francisco magazine.
Have you ever been afraid of being called "The B word" (something that rhymes with
witch)? I know I have. As someone who is attuned to relational dynamics, asserting my own voice, when…
To continue reading Full Women Have Full Feelings, click HERE
Part two continues the topic of sexual assault followed by an exploration of how eating disorders do not only affect straight, white adolescent women. Stay tuned!


text: TRENTON, NJ – The American Heart Association is supporting a New Jersey assemblyman's proposal to eliminate the sales tax levied on health club memberships. Assemblyman Bill Baroni (R-Hamilton, NJ), who lost 130 pounds from a regular exercise regimen at the Robert Wood Johnson Center for Health and Wellness, introduced legislation to abolish the tax to make it easier for people to join a fitness center. The new 7 percent sales tax is expected to raise $74 million. If the tax is repealed, the money must be replaced, according to an article in Times of Trenton.


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text:
Poet in the Sun Belt
Randall Jarrell's Letters: An Autobiographical and Literary Selection
Randall Jarrell thought of the poet as "a sort of accident-prone worker to whom poems happen." Jarrell wrote reviews, children's books, translations, and a comic novel; but his letters make clear that he lived for the accidents. In times of safety, when no poems came, he was despondent. When he was young the poems happened in abundance. He published four books of poems in nine years, from 1942 (when he was twenty-eight) to 1951, but he had to wait nine more years before he had to wait nine more years before he had enough poems for his next book, The Woman at the Washington Zoo, of which more than a third consists of translations of German poems. His last collection, The Lost World, was published a few months before his death in 1965. That was twenty years ago, and Jarrell's life and death are still shrouded in mystery, while his reputation as a poet is uncertain.
It is part of the mythology of his generation of poets—which included John Berryman, Delmore Schwartz, and Robert Lowell—that Jarrell's death was a suicide. A sentence from A. Alvarez's The Savage God places Jarrell in august company: "Cesare Pavese and Paul Celan, Randall Jarrell and Sylvia Plath, Mayakovsky, Esenin and Tsvetayeva killed themselves"; and Robert Hass, in a moving elegy to Jarrell, vows "to somehow do honor to Randall Jarrell, / never to kill myself." A selection of letters probably should not have an argument but this one does: Mary Jarrell, the poet's second wife and now his editor, is convinced that her husband's death was an accident. She calls her selection "autobiographical," but this is not altogether so, in view of the lengthy attention she gives to Jarrell's death, where her commentary supplants his text. She tells the story again. It was night; he was wearing a dark coat and dark gloves as he walked by the side of a North Carolina highway; the driver testified that Jarrell "lunged in the path of the car" (though the coroner's report casts doubt on this). Still, no new recital of the circumstances is likely to persuade the reader that it was an accident, since the real difficulty is to understand Jarrell's mood at the time.
During the month before his death Jarrell wrote to Robert Penn Warren about the hellish spring and summer he had just lived through. "I've always wanted to change, but not change into what you become when you're mentally ill. I was badly depressed last summer and, in getting out of that, got elated and unreasonable, and stayed in the hospital, recovering, from about March 1 to July 1." For this period, letters are scant, and Mrs. Jarrell's commentary can hardly be considered impartial. But two events stand out. In March Jarrell wrote to Michael di Capua, his editor: "I don't know whether Mary has told you; but she and I are separated and will be divorced after a while." In April, when he was, according to Mrs. Jarrell, "in…
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By the time I got there, it was standing room only. Everyone crowded around two small tables under minimal but nevertheless theatrical light. We stood this way, waiting for Korean sound muscians Hong Chulki and Choi Joonyong to play their experimental music sets. We stood in the converted ball room of a once-great mansion in Old Town. Of course the mansion is still grand, but instead of providing residence to humans it is the home base for The Graham Foundation — an organization that dates back to 1956. Dedicated to the architecture and its role in the arts, culture, and society, The Graham Foundation offers "project-based grants to individuals and organizations" while producing public programs. I had come to see one of LAMPO's productions — one of many in an on-going experimental sound series; in order to access the ballroom, however, I had to pass through a stunning exhibit of Soviet Modernist Architecture installed in the rest of the mansion's first and second floors. The buildings in this series are so strong and immovable in their position against the sky — and would prove to be an excellent foil to the immaterial, unfolding sequence provided by Chulki and Joonyong.
Choi Joonyong and Hong Chulki have been pioneers in Soel's emerging experimental music scene for the last 15 years. Choi Joonyong started Astronoise — South Korea's first noise group — with Hong Chulki in 1997. Later in 2000, the pair co-founded an experimental record label, "Balloons and Needles;" they have released a number of records since . Together, this collaborative duo embody a nexus being both community advocates and practitioners who have been called "acoustic explorers" in a "Bermuda Triangle of Sound," creating "non-conformist, post military service" music.Â
They sat on either side of two respective tables. Chulki played a record player without a cartidge, running different materials along the player's sides from what I could see  — a legal-sized piece of what looked like metal, for instance — in order to create a small variant whine. Meanwhile, Joonyong used portable music players in unconventional ways — he set up two or three open Discmen and placed small pieces of tape on the spinning, exposed discs. These small tape pieces clicked against one another intermittetnly, until one finally spun off, returning the room to soft discmen whirs. At such times, Chulki's record player manipulations would emerge as the focal point, underscoring the way these two composers wove a sonic tapestry between them, organically alternating which devices were more prominent. Chulki and Joonyong made use of one another while engaging the spatial acoustics of a given room. Chulki never got up from his seat; he remained like the grounding line or backbone throughout both sets while constantly modifying the sounds he created. Joonyong on the other hand regularly stood up from his seat to relocate sound makers in other parts of the room. It was as though he was building a low-fi surround-sound system. He set up four exposed Discmen with bits of tape on them in the four corners of the room. He unwrapped a spool of tin foil while walking around the perimeter of the room as well, fixing the ends of the foil to speakers with tape. In another instance he pushed amplifiers on wheels down one side of the room, then opened a door and placed the amp on the other side of that door, or rolled a second amp, as it sputtered mechanic drones, down a flight of stairs. Each and every sound — the sound of tape unwinding, foil unwrapping, the sound of footsteps, the gutteral amplifiers, the whine of Chulki's ongoing centrally located soundscape — heightened my awareness of the room. Although we were all in the same room, the strangely muted affect of this improvised composition created the illusion of distance and depth. Chulki's manipulations reminded me of a distant construction site (the whizzing of concrete getting sliced by an electronic, saw) heard through the window of a sky scraper. Joonyong's flicking bits of tape stuck to the portable CD players clicked against the strips of foil he had laid out, conjuring for me a a nearer sound like that of a half-broken fan. I began to get an acoustic map of a space that did not physically exist but was conjured by their audio web. Its delicate detail heightened by the overall nonchalance of the performers themselves. Chulki took out three electronic hand massage devices and first set them up on his table, until one pushed a Discman onto the floor before falling to the ground itself. He then walked these small, plastic vibrators around the room, tucking one in the space between an inner and outer window, or behind a door. These vibrations, muffled though they were, emanated into the main space, adding another layer of depth. I found a video of this moment, and the friend who posted it referred lovingly to the duo as "The Bas Jan Ader of Korean experimental music," what likely sums up the embrace of failure, or in this case the pratfall of an electric masseur.
Caroline Picard
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Sign and Symptoms of Cancer
There are more than 200 different types of cancer, with many different symptoms. This list, in no special order, highlights the key ones to be aware of. But there's no need to learn symptoms – if you spot something that isn't normal for you, get it checked out.
Spotting cancer early is important as it means treatment is more likely to be successful. So it's important you tell your doctor if you notice anything on this list, or any other unusual or persistent change to your body. Although anyone can develop cancer, it's more common as we get older – around 9 out of 10 cases are in people aged 50 or over.
It's not unusual to feel out of breath every now and then. But if you notice that you're feeling breathless more than usual or for a lot of the time, tell your doctor.
Bleeding or 'spotting' between periods is a fairly common side effect of the contraceptive pill. But bleeding from the vagina between periods, after sex or post-menopause should be checked out by your doctor.
It is normal to feel slight discomfort or pain sometimes after eating a large, fatty or spicy meal. But if you are experiencing heartburn or indigestion a lot, or if it is particularly painful, then you should see your doctor.
Having a croaky voice or feeling hoarse can be common with colds. But a croaky voice that hasn't gone away on its own after a few weeks should be checked out by your doctor.
Loose, frequent bowel motions are usually caused by stomach bugs or food poisoning, but if you have noticed a change to looser poo or pooing more often that has lasted 4-6 weeks or more, then it's important to tell your doctor.
It's quite common for women to experience bloating of the abdomen that comes and goes. But if you feel bloated, most days, for 3 weeks or more, make an appointment to see your doctor.
A number of medical conditions can make it difficult to swallow. But if you are having difficulty swallowing and the problem doesn't go away after a couple of weeks, it should be checked out.
The skin repairs itself very quickly and any damage usually heals within a week or so. When a spot, wart or sore doesn't heal after several weeks, even if it's painless, a doctor needs to check it.
It's common to get ulcers in the mouth when you're a bit run down. The lining of the mouth renews itself every 2 weeks or so, which is why ulcers usually heal within this time. But an ulcer that doesn't heal after 3 weeks should be reported to your doctor or dentist.
Sweating at night can be caused by infections or it can be a side effect of certain medications. It's also often experienced by women around the time of the menopause. But very heavy, drenching night sweats can also be a sign of cancer and should be checked out by your doctor.
Lumps are not the only breast changes that should be reported to a doctor. Also look out for any change in the size, shape or feel of a breast, a change to the skin texture, redness, pain in the breast, a nipple change or fluid leaking from the nipple in a woman who is not pregnant or breastfeeding. Make sure your doctor knows about any changes.
The most common cause of blood in your poo (stools) is piles (haemorrhoids). But blood in your poo can sometimes be a sign of cancer. Your doctor wants to know if you spot blood when you go to the toilet.
Blood in your pee (urine) should always be reported to a doctor. Usually this is not caused by cancer and can be treated quickly and easily, but it could be a sign of cancer. Your doctor will be able to tell you what the cause is.
Small weight changes over time are quite normal, but if you lose a noticeable amount of weight without trying to, tell your doctor.
Most moles remain harmless throughout our lives. But be aware of any new moles or existing moles that change in size, shape or colour, become crusty or bleed or ooze, and tell your doctor.
If you've coughed up blood, no matter how much or what colour, it's important to tell your doctor. It may be nothing to worry about, but it's important to get it checked out.
Coughs are common with colds. But if a cough continues for more than 3 weeks or gets worse, make sure you tell your doctor.
Problems peeing (urinating) can include needing to pee urgently, more frequently, being unable to go when you need to, or experiencing pain. These symptoms can all be caused by conditions other than cancer, but it's important to tell your doctor if you experience any of them.
Pain is one way our bodies tell us that something is wrong. As we get older, it's more common to experience aches and pains. But if you have unexplained, ongoing pain, or pain that comes and goes for more than 4 weeks, make an appointment to see your doctor.
Persistent lumps or swelling in any part of your body should be taken seriously, including in the neck, armpit, stomach, groin, chest, breast or testicle. See your doctor to have it checked out.


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April 24th to 25th, 2018
April 23rd - IQRF Alliance Steering
Committees and Distributor Meetings
Prumyslova 1275
506 01 Jicin
Czech Republic
+420 777 571 699
Marketing Committee Chairman
+420 777 775 735
On-line marketing
+420 720 200 227
The goal of the IQRF Summit 2018 is to practically demonstrate strengths and benefits of IQRF products and solutions, set up
new business partnerships, enable new projects and enlarge the community around the IQRF Alliance.
"I've been to many IoT conferences but everywhere it was about "slide-ware" promising billions of devices in 2025.
The IQRF Conference 2016 was different. It was about many real IoT solutions, case studies, best practices and deployments
that I can use in my business right away."
We have got many feedbacks like that so we have a clear idea about the concept of the IQRF Summit 2018:
The IQRF Summit will be full of straight-to-the-point presentations, practical demonstrations of IoT products and solutions,
interactive workshops and a busy market place.
We expect top speakers from the IQRF Alliance Members such as Zyxel, AAEON or IQRF Tech as well as from closely
cooperating companies such as Microsoft, IBM or Intel.
We expect around 300 IoT professionals (CEOs, CTOs, developers, project managers) and private, public and industrial users
from all over the Europe. The event is designed to provide number of networking opportunities for speakers, exhibitors and visitors.
IQRF Alliance and distributor meetings
IQRF Alliance members will meet one day before the conference (June 6th, hosted by Microsoft) to discuss an Alliance strategy, marketing plan
and technical development. This will enable to communicate hot news to the community right away.


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For years, the health club industry has pursued Wall Street without any return on that affection. In fact, some might say that Wall Street has been blind to the industry. However, as the economy turns around and new efforts are put in place to wake up Wall Street to the health club industry, analysts and investors may soon come knocking on health club doors in pursuit of a good investment.
"Wall Street doesn't follow the health club industry really closely," admits Fred Siegel, president of the Siegel Group Inc., a registered investment advisory firm. Siegel is author of Investing for Cowards and the upcoming books, 401ks for Cowards and The Richest Man in Babylon for Today.
Health clubs have no one but themselves to blame for the state of Wall Street's ambivalence. In the past, the industry has been remiss about keeping Wall Street analysts informed about the industry.
In addition, the anemic number of public companies in the industry makes it difficult for investors and analysts to understand the industry. Only Bally Total Fitness and The Sports Club Company are public. The data gathered from Bally and Sports Club Company isn't sufficient to judge the industry because these two companies are atypical, says Rick Caro at Management Vision.
Bally uses a different business model than most health clubs. The club's propensity for signing people to multiyear contracts and then financing those membership fees makes Bally a hybrid firm — a health club as well as a consumer finance company.
The Sports Club Company, parent company of Sports Club/LA and New York Reebok clubs, develops high-end clubs with $25 million in start-up costs, says Caro. The company has a strong real-estate component. The major stockholder in the company is Millennium Partners, which is often the landlord for the company's health club facilities — another anomaly in the industry.
"Uniqueness has been a problem," says Caro. "Both of these companies are not typical of the majority of health clubs."
Therefore, when analysts look at the industry, they look at what is readily available — numbers from these two atypical companies. While about 10 private equity firms have invested in club groups, a number have not because few of them are willing to invest in an industry where the only "knowns" are anomalies.
"One of the issues is the cart and the horse phenomena," says Bill Howland, director of public relations and research at IHRSA. Bally was the only operator in the public domain for years, which meant investment bankers didn't have a model for comparison. No standard formula existed to allow institutional investors to readily understand how the health club industry worked and to determine things such as whether a company's management was competent.
"It did not help the industry's track record with the record of consumer abuses," says Howland. "That reputation followed the industry for quite some time." However, he sees that turning around now as companies have shown that they can be big, profitable and quality-oriented without abusing consumers.
The lack of exposure to Wall Street hurts clubs' ability to raise money, which in turn, hurts their ability to expand. The right mix of financial firms hasn't entered the industry, says Caro. Large companies in most industries don't have to stop at talking to a bank about financing; they can also talk to insurance companies, pension companies and other types of investors. However, few large companies in the health club industry have been able to do so because Wall Street hasn't yet embraced the industry, he says.
"Once companies spend time looking at the industry, they are impressed with the amount of cash flow, the recurring revenue story through monthly dues with electronic funds transfer, and they are quite impressed that there's more predictability with this industry than with many other industries," says Caro.
"The industry is still a deep, dark secret with many firms who haven't spent the time to figure it out," says Caro.
Wall Street wants a quick understanding of the industry's strengths and data about how the industry performs in unfavorable economic times. To give Wall Street what it wants, IHRSA has been tracking some of the reasonably sized clubs for key statistics to show how the industry fairs. IHRSA also has hired a public relations firm to help educate financial companies about how to understand the health club industry and to provide more industry information to investors and analysts.
The industry must continue to educate through press releases, articles, guidebooks and profiles of success stories. More industry representatives need to attend banker meetings, assessor meetings and financial conferences. Siegel suggests more industry executives meet with Wall Street analysts to get the word out on the industry.
"The more they raise the awareness of Wall Street analysts, the more coverage they will get," Siegel says.
In addition, the industry must create a more enviable track record, Caro says. That often comes with the sale and the move for more clubs to go public.
"The more health clubs that go public, the more awareness there will be on Wall Street," Siegel says.
While the economic climate in the past few years has made it difficult for public offerings in almost every industry, that may be changing.
"In general, venture capitalists and bankers have been sitting on the sidelines," says Howland. "They are obligated to do something with the money that has been sitting there. The good news for the industry is that the economy appears to be turning around and these investors have to get into the game. Some of these folks are revisiting their plans to invest in our industry."
When investors do get back into the game, they will be looking for investments of at least $20 million, Howland says.
"They have a minimum threshold in terms of the investment they want to be involved in," says Howland. "The industry is dominated by small, independent operations or small three to five club groups. A business of that size does not hit the radar screen for Goldman Sachs. So, that's been part of the equation."
Not that every health clubs wants or needs Wall Street to compete.
"I think that's a positive for our industry — that there is room for the major players, the brand names, and there will always be room and a need for independent operators," Howland says.
However, the more independent operators out there, the harder it is for those operators who want Wall Street's attention to get it. But it is possible, as we have seen.
"What we saw in 1998-2000 was club groups that had institutional investors behind them in expansion mode — acquiring or building and developing new locations from the ground up," says Howland. "[They were] laying the ground work, building businesses that are more likely to appear on Wall Street's radar screen."
Those efforts may pay off as the economy turns around.
"I think 2004 will be a significantly different year and, hopefully, a much better year than 2002-2003, which were twins of each other," says Caro. "It will be a year of opportunity for club groups of all different sizes to group, re-evaluate and pursue some healthy growth."
If the economy holds up and industry efforts to woo Wall Street prove successful, then health clubs could see more resources be made available to them soon.
"For a lot of club groups, life will change, hopefully for the better," Caro says.
Public Opinion
A look at select fitness companies' starts to the New Year.
|Close 1/06/04
|52-week hi
|52-week lo
|Bally Total Fitness
|Health Fitness Corp.
|Sports Club Co.
|Leading companies for public offerings in 2004, according to industry insiders, are Lifetime Fitness, Town Sports International and 24 Hour Fitness.


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