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|In the Matter of
The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest that public cease and desist and administrative proceedings be instituted pursuant to Sections 203(e) and 203(k) of the Investment Advisers Act of 1940 ("Advisers Act") against Dawson-Samberg Capital Management, Inc. ("Dawson-Samberg"), now known as Dawson-Giammalva Capital Management, Inc. ("Dawson-Giammalva"or "Registrant")(File No. 801-15852), a registered investment adviser, and Sections 203(f) and 203(k) of the Advisers Act against Judith A. Mack ("Mack").
In anticipation of the institution of these proceedings, Dawson-Giammalva and Mack have submitted Offers of Settlement ("Offers") that the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission or in which the Commission is a party, and without admitting or denying any of the findings contained herein except as to the jurisdiction of the Commission over them and over the subject matter of this proceeding, which are admitted, Dawson-Giammalva and Mack consent to the issuance of this Order Instituting Public Proceedings Pursuant to Sections 203(e), 203(f) and203(k) of the Investment Advisers Act of 1940, Making Findings, Imposing Remedial Sanctions and Issuing Cease-and-Desist Order ("Order"), the entry of the findings and the imposition of the remedial sanctions and the cease-and-desist Order set forth below.
Accordingly, IT IS ORDERED that proceedings pursuant to Sections 203(e), 203(f) and 203(k) of the Advisers Act be, and hereby are, instituted.
On the basis of this Order and the Offers of Settlement submitted by Dawson-Giammalva and Mack, the Commission makes the following findings:
A. Respondents
1. Dawson-Samberg, now known as Dawson-Giammalva (hereinafter referred to in this section as "Dawson-Samberg"), of Southport, Connecticut, a registered investment adviser since March 20, 1981 (File no. 801-15852), presently manages approximately $1 billion in client assets. At relevant times, the firm offered both individual portfolio management services and investments in certain hedge fund limited partnerships and maintained as much as $2.2 billion in assets under management.1 On January 3, 2000, Dawson-Samberg effected a name change to Dawson-Giammalva Capital Management, Inc. Dawson-Giammalva is named as a respondent solely on that basis. The newly-named principal of Dawson-Giammalva, Anthony Giammalva, was not associated with the Registrant at the time of the conduct discussed in this Order and none of the findings concern his conduct.
2. Mack is the Treasurer of Dawson-Giammalva and, at relevant times, was responsible for administering Dawson-Samberg's soft dollar program. In addition, Mack handled other administrative matters and caused to be filed with the Commission Dawson-Samberg's Form ADV amendments and annual reports on Forms ADV-S with the Commission.2
B. Summary
Between at least 1994 and November 1996, Dawson-Samberg used soft dollar credits improperly to pay for certain undisclosed expenses, including personal travel, other non-research related travel, marketing and other non-research administrative expenses.3 From 1990 to 1996, Dawson-Samberg's assets under management grew from approximately $350 million to $2.2 billion. As assets under management increased, the firm increased its soft dollar arrangements. However, the firm's efforts to ensure proper disclosure of its use of soft dollars did not keep pace with the growth of its soft dollar relationships. Although Dawson-Samberg has disclosed to its clients since its inception in 1981 that it used soft dollars to pay for research and a number of products and services which are enumerated in its Form ADV, Dawson-Samberg violated the provisions discussed in this Order because it failed to disclose its use of soft dollar credits to pay for certain expenses discussed herein. In addition, Dawson-Samberg failed to supervise Mack, its Treasurer, who was responsible for administering Dawson-Samberg's soft dollar program.
C. Dawson-Samberg Willfully Violated and Mack Willfully Aided and
Abetted Violations of Section 206(2) of the Advisers Act
From its inception, Dawson-Samberg disclosed its policy to use soft dollar credits to pay for both research and non-research-related products and services. Accordingly, Dawson-Samberg relied on its disclosure, contained in its Form ADV filings and its client agreements, in determining whether non-research products and services outside the safe harbor of Section 28(e) of the Securities Exchange Act of 1934 ("Exchange Act") could properly be paid using soft dollar credits.4 In accordance withthis determination, Dawson-Samberg filed Forms ADV on April 3, 1995 and April 1, 1996 disclosing, in response to Item 13 of Part II, that the firm received an economic benefit from non-clients, and provided additional narrative disclosure listing categories of additional products and services that the Registrant may obtain utilizing soft dollar credits.5 These included, among others, telephone lines, news and quotation equipment, electronic office equipment, account record-keeping and clerical services, financial publications, economic consulting services and office space and facilities. The Forms ADV and client agreements, however, did not disclose Dawson-Samberg's use of soft dollar credits to pay for personal and non-research business travel, marketing expenses and the other administrative expenses discussed in this Order.
1. Improper Soft Dollar Practices
a. Travel
Problems with travel began in August 1994, when Dawson-Samberg obtained a corporate American Express account and authorized American Express cards (the "AMEX Card") for employees to charge research-related travel expenses. Simultaneously, Dawson-Samberg arranged for a broker-dealer to pay research-related travel expenses charged on the AMEX card using soft dollar credits.6 Dawson-Samberg then began to forward AMEX Card bills to soft dollar brokers for payment, without determining whether some of the charges on those bills were for personal or non-research travel expenses. As a result, between August 1994 and November 1996, Dawson-Samberg improperly used soft dollar credits to pay $174,000 in non-research related (but otherwise ordinary) business travel expenses that had been charged to the account and $35,700 in personal travel expenses.7 Nonresearch-related travel included marketing trips, a management retreat, transportation rentals and telephone calls. Altogether, 21 Dawson-Samberg employees used $174,000 in soft dollar credits to pay for non-research or other business travel that could not adequately be documented as research-related.
In addition, personal travel by four Dawson-Samberg senior officers and one employee, and their respective family members, was charged on the AMEX Card and paid using soft dollar credits. This travel consisted of vacations and personal "legs" of business travel.8 These improper charges occurred because the travel agent utilized by Dawson-Samberg, after obtaining both business and personal credit card information and travel preferences for its clients, placed a default setting on her computer that automatically charged all travel, whether business or personal, to the AMEX Card.9 No one at Dawson-Samberg instructed the travel agent that only research-related travel was to be charged on the AMEX Card.10
One of Mack's responsibilities was to submit appropriate vendor invoices to brokers for payment using soft dollar credits. It was Mack's responsibility to ensure that only travel for research purposes was charged on the AMEX Card and submitted for soft dollar payment. Mack knew the AMEX Card was only to be used for business research travel, but failed to recognize that not all travel was research-related. Because she failed to recognize this distinction, Mack, who initially was herself responsible for gathering and reviewing travel records, failed to review the AMEX bills for the purposeof separating research and non-research business expenses, and failed to identify the personal travel that had been charged on the AMEX Card. Nor did Mack obtain all information necessary to verify the nature of the travel charged on the AMEX Card. During 1995, Mack delegated these duties to her assistant, but did not ensure that an appropriate review was conducted.11 As a result, throughout the relevant period, Dawson-Samberg submitted the AMEX Card bills in their entirety to a soft dollar broker for payment. The soft dollar broker paid these bills using soft dollar credits that Dawson-Samberg had generated through trading activity in client accounts.
b. Referral Fees
Between February 1994 and October 1996, Dawson-Samberg used soft dollar credits to pay $270,000 for marketing fees owed to six individuals or entities who had referred clients to Dawson-Samberg. Although Dawson-Samberg disclosed to clients that commissions would be directed to brokers who referred clients to it, that disclosure was inadequate because Dawson-Samberg did not inform investors that soft dollar credits would be used to compensate referring agents. For administrative convenience, the firm began to compensate referring agents with soft dollars rather than via directed commissions, but its disclosure was not similarly changed. During this period, eleven different marketing invoices were submitted to soft dollar brokers for payment. Seven of the eleven invoices that Dawson-Samberg submitted to soft dollar brokers for payment of referral fees indicated that payment was for unspecified consulting services.
c. Other Undisclosed Expenses
Between 1990 and November 1996, Dawson-Samberg used soft dollar credits to pay for various other administrative expenses, not covered by Dawson-Samberg's disclosure, such as attendance at training seminars, replacement parts for electronic office equipment, software and subscriptions to non-research periodicals. Dawson-Samberg also used soft dollar credits to pay for certain mixed-use products or services, without making any allocation between the product's or service's research and non-research use. The payments were not adequately disclosed to investors or were otherwise not properly documented.12
2. Dawson-Samberg Willfully Violated Section 206(2) of the Advisers Act
Section 206(2) of the Advisers Act imposes a fiduciary duty upon investment advisers to act for the benefit of their clients. Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 17 (1979); Oakwood Counselors, Inc., Advisers Act Rel. No. 1614, 63 SEC Docket 2485 (Feb. 10, 1997); Chancellor Capital Management, Inc., Advisers Act Rel. No. 1447, 57 SEC Docket 2489, 2500 (Oct. 18, 1994). This includes the duty to exercise the utmost good faith in dealings with clients, to disclose all material facts, and to employ reasonable care to avoid misleading clients. SEC v. Capital Gains Research Bureau, Inc., 375 U.S. 180, 194 (1963); Chancellor, 57 SEC Docket at 2500.
An investment adviser has a duty to disclose to clients all material information which might incline an investment adviser consciously or unconsciously to render advice which is not disinterested. Capital Gains, 375 U.S. at 191-92. The standard of materiality is whether a reasonable client or prospective client would have considered the information important in deciding whether to invest with the adviser. See SEC v. Steadman, 967 F.2d 636, 643 (D.C. Cir. 1992). Soft dollar arrangements are material because of the potential conflict of interest arising from an adviser's receipt of some benefit in exchange for directing brokerage on behalf of client accounts. See Renaissance Capital Advisers, Inc., Advisers Act Rel. No. 1688, 66 SEC Docket 564, 567 (December 22, 1997); Oakwood, 63 SEC Docket at 2488; S Squared Technology Corp., Advisers Act Rel. No. 1575, 62 SEC Docket 1560, 1564 (August 7, 1996); Kingsley, Jennison, McNulty & Morse, Inc., Advisers Act Rel. No. 1396, 55 SEC Docket 2434, 2441-42 (Dec. 23, 1993) (Opinion of the Commission) ("Kingsley Opinion"); 1986 Interpretive Release, 35 SEC Docket at 909. Because the advisory clients' commission dollars generate soft dollar credits, soft dollar benefits are the assets of the clients. See Republic New York Securities Corp., Advisers Act Rel. No. 1789, 1999 SEC LEXIS 278 (February 10, 1999).
Moreover, disclosure of soft dollar arrangements is specifically required by Form ADV. See Renaissance Capital, 66 SEC Docket at 568; Oakwood, 63 SEC Docket at 2488-89; and S Squared, 62 SEC Docket at 1564. Form ADV includes items intended to ensure that material information regarding brokerage placement practices and policies are disclosed to investors. See Investment Adviser Requirements Concerning Disclosure, Recordkeeping, Applications for Registration and Annual Filings, Advisers Act Rel. No. 664, 16 SEC Docket 901 (Jan. 30, 1979); Disclosure of Brokerage Placement Practices By Certain Registered Investment Companies and Certain Other Issuers, Advisers Act Rel. No. 665, 16 SEC Docket 837 (Jan. 30, 1979).
Items 12 and 13 and Schedule F of Part II of Form ADV require registrants to disclose arrangements with broker-dealers. For investment advisers who have discretionary authority to select the broker-dealers to be used to execute trades in client accounts, Item 12.B requires a description of factors considered in selecting brokers and determining the reasonableness of their commissions. Further, the adviser must describe the "products, research and services" received from broker-dealers,if their value is a factor in selecting broker-dealers.13 Item 13.E requires an investment adviser to disclose and describe any arrangement whereby it receives an economic benefit from a non-client in connection with its advisory business.
These disclosure requirements are designed to assist clients in determining whether to hire an adviser, and permit them to evaluate any conflicts of interest inherent in the adviser's arrangements for allocating brokerage. Kingsley Opinion, 55 SEC Docket at 2441-42. Moreover, the disclosure must provide sufficient detail to enable advisory clients to understand the nature of the products and services being obtained. See 1986 Interpretive Release; Kingsley Opinion, 55 SEC Docket at 2443 (disclosure that services were "expected to enhance [respondent's] general portfolio management capabilities" was insufficient in light of Form ADV requirement to describe any services that do not involve brokerage or research). Thus, an adviser must provide more detailed disclosure where the receipt of products or services falls outside the safe harbor of Section 28(e). See, e.g. S Squared, 62 SEC Docket at 1565, n.3 (adviser's receipt of products or services that are outside the scope of Section 28(e), except where nominally valued, is presumed to be a factor in the selection of brokers and therefore must be disclosed); SEC v. Tandem Management, Inc., Lit. Rel. No. 14670, 60 SEC Docket 1331 (October 2, 1995) (adviser failed to disclose that soft dollar credits were used to reimburse adviser for non-research expenses).
Even though Dawson-Samberg's Forms ADV and client contracts disclosed a number of products and services that were paid using soft dollar credits, Dawson-Samberg failed to disclose material information about the firm's use of soft dollar credits. Specifically, Dawson-Samberg failed to disclose use of soft dollar credits to pay for the non-research business travel, personal travel, and marketing and other administrative or undocumented expenses discussed above. Dawson-Samberg's inadequate disclosures and omissions were material. Accordingly, Dawson-Samberg willfully violated Section 206(2) of the Advisers Act.
3. Mack Willfully Aided and Abetted and Caused Dawson-Samberg's
Violations of Section 206(2) of the Advisers Act
Mack was at all times the corporate officer with day-to-day responsibility for administering Dawson-Samberg's soft dollar program. Mack submitted AMEX Card bills, marketing invoices and invoices for other administrative expenses for payment with soft dollar credits that were not disclosed. Based on the foregoing, Mack willfully aided and abetted and caused violations of Section 206(2) of the Advisers Act.
D. Dawson-Samberg and Mack Violated Section 207 of the Advisers Act
Section 207 of the Advisers Act provides that it shall be unlawful for any person willfully to make any untrue statement of material fact in any registration application or report filed with theCommission or willfully to omit to state in any such application or report any material fact required to be stated therein.14 A person violates Section 207 by filing a false Form ADV or false amendments thereto. Stanley Peter Kerry, Advisers Act Rel. No. 1550, 61 SEC Docket 431 (January 25, 1996). Under Section 207 of the Advisers Act, Dawson-Samberg had a duty to file Forms ADV that were not false or materially misleading and that did not omit to state material facts required to be stated therein. See S Squared, 62 SEC Docket at 1567.15 As discussed in the preceding sections, Dawson-Samberg's amended Forms ADV filed during 1995 and 1996 omitted to disclose certain of the firm's soft dollar practices. Mack was responsible for administering the firm's soft dollar program and, as an officer, signed the Forms ADV. See Chancellor Capital Management, Inc., Advisers Act Rel. No. 1447, 57 SEC Docket 2489 (October 18, 1994) (secretary of investment adviser violated Section 207 by signing false and misleading Form ADV). Under these standards, Dawson-Samberg and Mack willfully violated Section 207 of the Advisers Act.
E. Dawson-Samberg Failed Reasonably to Supervise Mack
1. Standards of Supervision
Section 203(e)(6) of the Advisers Act authorizes the Commission to institute proceedings to determine whether it is in the public interest to sanction an investment adviser if it has failed reasonably to supervise another person, subject to its control, who commits a violation. The Commission has repeatedly emphasized that the duty to supervise is a critical component of the federal regulatory scheme. Vilis Pasts and BTS/Bond Timing, Inc., Advisers Act Rel. No. 1663, 65 SEC Docket 1106, 1114 (September 15, 1997); see John H. Gutfreund, Exchange Act Release No. 31554, 52 SEC Docket 4370, 4386 (Dec. 3, 1992) (same principal applied to broker-dealers). Citing Capital Gains, the Commission has recognized that the "delicate fiduciary relationship" between an investment adviser and a client imposes an obligation on an adviser to review and monitor its activities and the activities of its employees. Shearson Lehman Brothers, Inc. and Stein Roe & Farnham, Exchange Act Rel. No. 23640, 36 SEC Docket 1075 (September 24, 1996); see also Kemper Financial Services, Inc., Advisers Act Rel. No. 1387, 55 SEC Docket 783 (October 20, 1993); Van Kampen American Capital Asset Management, Inc., Advisers Act Rel. No. 1525, 60 SEC Docket 1284 (Sept. 29, 1995). Accordingly, an investment adviser that does not reasonably supervise its associated persons with a view towards preventing violations of federal securities laws may be subject to sanction by the Commission. See Nicholas-Appelgate Capital Management, a California Limited Partnership,Advisers Act Rel. No. 1741, 67 SEC Docket 2312 (August 12, 1998) ("NACM failed reasonably to supervise the Senior Trader with a view toward preventing his violations of the federal securities laws by placing the Senior Trader in a conflict of interest position with respect to the NACM employee plan without establishing adequate procedures to ensure these conflicts of interest were properly monitored and failing to institute adequate procedures to review and supervise the Senior Trader's personal trading"). Although an investment adviser that has established procedures designed to detect and prevent wrongdoing by supervisees may, under Section 203(e)(6)(A) and 203(e)(6)(B) assert those procedures as a defense to a Commission action for failure to supervise, that defense is not available to Dawson-Samberg because its procedures were inadequate.
Procedures must also be enforced. Appropriate resources must be allocated to the compliance function. The Commission has discussed this requirement in analyzing a broker-dealer's duties under Section 15(b) of the Exchange Act, a provision containing operative language identical to Section 203(e) of the Advisers Act. In that context, the Commission has stated that a registrant must not only adopt effective procedures for supervision, but must also "provide effective staffing, sufficient resources and a system of follow-up and review to determine that any responsibility to supervise delegated to compliance officers, branch managers and other personnel is being diligently exercised." Mabon, Nugent & Co., Exchange Act Rel. No. 19424, 47 S.E.C. 862, 867 (1983). See also Bryant, 54 SEC Docket at 442 (firm's structure must include "specific controls or supervisory procedures designed to deter or detect misconduct").
2. Discussion
Dawson-Samberg failed reasonably to supervise Mack with a view towards preventing her violations by placing her in a position of responsibility with respect to soft dollar payments without proper training and without establishing adequate procedures to ensure that soft dollar payments were properly monitored. Nicholas-Appelgate, 67 SEC Docket 2312. Dawson-Samberg devoted inadequate resources to soft dollar compliance and control mechanisms. The Registrant relied on Mack's on-the-job training to ensure compliance with soft dollar requirements, without substantive review or follow-up. While such reliance sufficed when the firm maintained few soft dollar relationships, the lack of formal training and guidelines became a problem as the firm's use of soft dollar credits increased. As a result, Dawson-Samberg suffered from breakdowns in its supervisory procedures relating to payments for personal travel, non-research business travel, marketing and other administrative and undocumented expenses.
With respect to travel, the arrangement to use soft dollar credits to pay for research travel charged on the AMEX Card represented a significant change in how the Registrant's travel expenses were processed.16 Despite this change, Dawson-Samberg failed to establish a clear procedure forreviewing the AMEX Card bills to identify and distinguish those items that could not properly be paid using soft dollar credits. Dawson-Samberg did not provide clear or sufficiently detailed instructions as to what travel was permissible, and had no written procedures concerning travel. Written procedures would have identified the steps that Mack should have taken to monitor and review travel invoices and obtain necessary supporting documentation. Written procedures also would have clarified the duties of responsible individuals and established a system for reporting and review. See, e.g., Goodrich Securities, Exchange Act Rel. No. 28141, 46 SEC Docket 975 (June 25, 1990) (broker-dealer cited for failure to supervise improper soft dollar payments lacked an adequate compliance manual). As a result of the failures described above, Mack and her designee did not understand the method that they should follow to review the charges or the types of travel that could properly be charged. As a result, no meaningful review of the AMEX Card bills was conducted, reviews were not properly documented, and no one verified, even on a spot basis, whether a review had occurred.
With respect to marketing and other administrative or undocumented payments, Dawson-Samberg failed to implement a procedure requiring a designated compliance individual to conduct a periodic review of soft dollar vendors and the nature of the services they provided to ensure that these relationships were adequately documented and disclosed. Appropriate procedures would have included verification procedures tailored to the firm's business. See, e.g., Pasts, 65 SEC Docket at 1115-1116 (registered investment adviser had inadequate procedures to verify payments to referring agents and requests to issue manual checks); REFCO Securities, Inc., Exchange Act Rel. No. 37531, 62 SEC Docket 1322 (August 6, 1996) (broker-dealer failed to establish written procedures for verification of audit confirmations and review of incoming facsimiles and overnight mail). Appropriate procedures were particularly important in light of the growth in Dawson-Samberg's soft dollar usage. Accordingly, Dawson-Samberg failed reasonably to supervise Mack, a person subject to its supervision, within the meaning of Section 203(e)(6) of the Advisers Act, with a view to preventing her aiding and abetting violations of Section 206(2) and her violations of Section 207.
In view of the foregoing, the Commission deems it appropriate and in the public interest to accept the Offers of Settlement submitted by Dawson-Giammalva and Mack and impose the sanctions agreed to in the Offers.
In determining to accept the Offers, the Commission considered remedial acts promptly undertaken by the Respondents and cooperation afforded the Commission staff.
Accordingly, IT IS HEREBY ORDERED, pursuant to Section 203(k) of the Advisers Act, that Dawson Samberg, now known as Dawson-Giammalva, and Mack cease and desist from committing or causing any violations and any future violations of Sections 206(2) and 207 of the Advisers Act;
IT IS FURTHER ORDERED that Dawson-Samberg, now known as Dawson-Giammalva, and Mack be, and hereby are, censured;
IT IS FURTHER ORDERED that, within ten (10) days of the issuance of this Order, pursuant to Section 203(i) of the Advisers Act, Dawson-Samberg, now known as Dawson-Giammalva, shall pay a civil money penalty in the amount of $100,000, representing a $50,000 penalty for the violations and $50,000 for the failure to supervise discussed herein, and Mack shall pay a civil money penalty in the amount of $20,000, to the United States Treasury. Such payment shall be: (A) made by United States postal money order, certified check, bank cashier's check or bank money order; (B) made payable to the Securities and Exchange Commission; (C) sent by certified mail to the Office of the Comptroller, U.S. Securities and Exchange Commission, 450 5th Street, N.W., Mail Stop 0-3, Washington, D.C. 20549; and (D) submitted under cover letter which identifies Dawson-Giammalva and Mack as the Respondents in these proceedings, the file number of these proceedings and the Commission's case number, a copy of which cover letter and money order or check shall be sent to Juan Marcel Marcelino, District Administrator, Securities and Exchange Commission, Boston District Office, 73 Tremont Street, Suite 600, Boston, Massachusetts, 02108; and
IT IS FURTHER ORDERED that Dawson-Giammalva shall comply with the following undertakings contained in its offer of settlement:
1. Dawson-Giammalva shall retain, within 30 days of the date of this Order, at its expense, an Independent Consultant (the "Consultant") not unacceptable to the Commission staff. The Consultant shall conduct a review of the Registrant's supervisory, compliance and other policies and procedures designed to prevent and detect federal securities law violations of the nature involved in this matter.
2. Dawson-Giammalva shall provide to the Commission staff, within 30 days of the issuance of the Order, with a copy of an engagement letter detailing the Consultant's responsibilities;
3. Dawson-Giammalva shall cooperate fully with the Consultant, including providing the consultant with access to its files, books, records, and personnel as reasonably requested for the above-mentioned review, and obtaining the cooperation of Dawson-Giammalva's employees or other persons under its control;
4. The Consultant shall report to the Commission staff on his activities as the staff shall request;
5. The Consultant may engage such assistance, clerical, legal or expert, as necessary and at reasonable cost, to carry out his activities and the cost, if any, of such assistance shall be borne exclusively by Dawson-Giammalva;
6. Dawson-Giammalva shall require the Consultant, at Dawson-Giammalva's expense, to prepare a report making recommendations as to Dawson-Giammalva's policies and procedures and system for applying such procedures, as described in paragraph (1) above;
7. Dawson-Giammalva shall require the Consultant to deliver the report to Dawson-Giammalva and to the Commission staff within 90 days of the issuance of this Order;
8. Dawson-Giammalva shall adopt all recommendations by the Consultant in the report within six months after its issuance; provided, however, that as to any of the Consultant's recommendations that Dawson-Giammalva determines is unduly burdensome or impractical, Dawson-Giammalva may suggest an alternative procedure designed to achieve the same objective, submitted in writing to the Consultant and the Commission staff. The Consultant shall reasonably evaluate Dawson-Giammalva's alternative procedure. Dawson-Giammalva shall abide by the Consultant's determination with regard thereto and adopt such recommendations; and
9. Dawson-Giammalva shall ensure that, for the period of the engagement and for a period of two years from completion of the engagement, the Consultant shall not enter into any employment, consultant, attorney-client, auditing or other professional relationship, with Dawson-Giammalva, or any of its present or former affiliates, directors, officers, employees, or agents acting in their capacity. Any firm with which the Consultant is affiliated or of which he/she is a member, and any person engaged to assist the Consultant in the performance of his/her duties under this Order shall not, without prior written consent of the Boston District Office, enter into any employment, consultant, attorney-client, auditing or other professional relationship with Dawson-Giammalva, or any of its present of former affiliates, directors, officers, employees, or agents acting in their capacity as such for the period of engagement and for a period of two years after the engagement; and
10. Dawson-Giammalva shall employ a director of compliance, shall define the duties of such officer, and shall ensure that such officer has access to Dawson-Giammalva's board of directors, and is subject to the direct supervision of, and reports to, Dawson-Giammalva's Chief Executive Officer.
IT IS FURTHER ORDERED that Dawson-Giammalva shall, within nine months from the issuance of this Order, provide an affidavit via certified mail to Juan Marcel Marcelino, District Administrator, Securities and Exchange Commission, Boston District Office, 73 Tremont Street, Suite
600, Boston, Massachusetts 02108, that it has complied with the above undertakings. Such affidavit shall contain a statement describing the procedures adopted and implemented in compliance with paragraph (8) above. Such letter shall be submitted under cover letter which identifies Dawson-Samberg, now known as Dawson-Giammalva, as the respondent in these proceedings, the file number and the Commission's case number.
By the Commission.
Jonathan G. Katz
1 As of January 1, 1999, certain principals of the firm formed a new registered investment adviser which assumed a portion of Dawson-Samberg's business. Dawson-Samberg continued to operate as a registered investment adviser offering individualized portfolio management.
2 At the time of the conduct at issue, Rule 204-1(c) required that registered advisers file annual reports on Form ADV-S. Pursuant to Rule 204-1(d), a Form ADV-S was a "report" within the meaning of section 207. The Commission has since rescinded Form ADV-S.
3 Soft dollar practices are arrangements under which products or services other than the execution of securities transactions are obtained by an investment adviser from or through a broker-dealer in exchange for the direction by the adviser of client brokerage transactions to the broker-dealer. Soft dollars are benefits generated by such direction of brokerage. In the Matter of Republic New York Securities Corp., Advisers Act Rel. No. 1789 (Feb. 10, 1999); Inspection Report on the Soft Dollar Practices of Broker-Dealers, Investment Advisers and Mutual Funds (Sept. 22, 1998); Disclosure by Investment Advisers Regarding Soft Dollar Practices, Advisers Act Rel. No. 1469 (Feb. 14, 1995).
4 Section 28(e) of the Exchange Act provides a safe harbor that protects an investment adviser from charges of breach of fiduciary duty for failing to obtain the lowest available commission rate when the adviser uses client brokerage commissions to obtain research and brokerage services from or through a broker-dealer, discloses such use and complies with other applicable requirements. Research is generally defined as a product or service that provides lawful and appropriate assistance to a money manager in making investment decisions. See Republic New York Securities Corporation, Advisers Act Rel. No. 1789, 1999 SEC LEXIS 278 at *3 (February 10, 1999); see also Interpretive Release Concerning the Scope of Section 28(e) of the Securities Exchange Act of 1934 ("1986 Interpretive Release"), Exchange ActRel. No. 23170, 35 SEC Docket 905 at 906-907 (April 23, 1986). The amount of commission must be reasonable in relation to the value of brokerage and research services provided. See 1986 Interpretive Release, 35 SEC Docket at 906; Renaissance Capital Advisers, Inc., Advisers Act Rel. No. 1688, 66 SEC Docket 564, 568 n.2 (December 22, 1997).
5 Dawson-Samberg's Forms ADV filed during 1990 through 1994 contained essentially the same soft dollar disclosure.
6 Prior to August 1994, Dawson-Samberg employees used their personal credit cards for travel and Dawson-Samberg used operating funds to pay for all business travel. Thus, the firm did not need a procedure to separate research-related travel from non-research travel.
7 Dawson-Samberg failed to maintain adequate records indicating whether certain travel or administrative charges paid using soft dollar credits were research-related. In the absence of such records, Dawson-Samberg was unable to sufficiently demonstrate that these payments were research-related, and that its disclosure was adequate. Accordingly, while certain categories of travel and administrative payments were not properly disclosed, the discussion of violative conduct herein also includes a number of undocumented payments made by Dawson-Samberg using its soft dollar credits.
8 On several occasions, a Dawson-Samberg officer or employee wrote personal checks to the firm to reimburse the cost of personal legs of business travel. On other occasions, travelers did not reimburse Dawson-Samberg for personal legs. Even where reimbursement checks were written, however, Mack deposited the funds in Dawson-Samberg's operating account. Because Mack took no steps to use those funds towards payment of the AMEX Card bill, Dawson-Samberg still used soft dollars to pay for personal legs of business travel.
9 The travelers were not aware at the time that personal travel was being charged on the AMEX Card. Dawson-Samberg's clerical staff generally handled both personal and business travel reservations, as well as routine bill-paying duties. For example, one officer, who traveled frequently, provided a power of attorney to his secretary, who paid his personal bills.
10 Because the travel agent handled reservations for both personal and business travel, in the absence of an explanation from Dawson-Samberg that it needed to separate personal from business travel, the travel agent believed that any needed separation of travel charges would be handled by Dawson-Samberg. Dawson-Samberg personnel erroneously assumed and expected that the travel agent would use personal cards for personal travel as she had done in the past.
11 For example, Mack did not instruct her assistant how to determine whether travel was research-related, did not follow-up to ensure that the assistant was conducting a review, and never informed other members of management that she had delegated her review duties.
12 After the staff began its investigation, Dawson-Samberg conducted an internal investigation of all uses of soft dollars from 1990 to 1996. As a result, before the entry of this Order, Dawson-Samberg paid the sum of $1,823,019.56 to clients in an effort to ensure that its soft dollar practices throughout that seven-year period were appropriate. This amount represents $479,700 in soft dollar expenditures discussed in Section III.C.1.a and .b of this Order, the additional sum of $938,000 relating to soft dollar expenditures discussed in this section, and prejudgment interest of $405,319.56.
13 See 1986 Interpretive Release, 35 SEC Docket at 909.
14 Section 204 of the Advisers Act and Rule 204-1 thereunder require periodic filing and amendment of Forms ADV by investment advisers. At the time of the conduct at issue, Rule 204-1(d) stated that an application on Form ADV and any amendment thereto was a "report" within the meaning of Section 207. The Commission has since redesignated Rule 204-1(d) as 204-1(c).
15 Violations of Section 207 do not require a showing of scienter. Parnassus Investments, Inc., Initial Decision Rel. No. 131, 67 SEC Docket 2760, 2784 (September 3, 1998).
16 As previously discussed, prior to obtaining the AMEX Card, Dawson-Samberg employees used their personal credit cards for travel and Dawson-Samberg paid for travel out of operating funds. This procedure did not require a distinction between research and non-research travel. After Dawson-Samberg started using soft dollar credits to pay for travel, itbecame more important to obtain documentation. However, the policy was not enforced.
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I first encountered the remarkable Judy Cockerton when she spoke at Harvard Law School, where I was working at the time. Her topic was Treehouse, the innovative community she founded in Easthampton, Mass., where families adopting kids from foster care live side by side in a neighborhood setting with people over 55 who serve as honorary grandparents.
My first thought: "This is terrific! I want to work with her." (Which, years later, I did, taking on several small projects as a volunteer. I also wrote this.)
That reaction has been widespread—and this year Judy (now my friend), was one of five people to receive the $100,000 Purpose Prize for 2012, an award for social entrepreneurs over the age of 60. For me, as for so many others, her vision, commitment, and determination to "reinvent foster care" are ongoing inspirations, and I'm thrilled that she's getting the recognition she so deserves.
But if Judy is unique—and she most certainly is—her broader aspirations are not. Behind the high-profile Purpose Prize is a larger trend, as growing numbers of baby boomers seek work that is both personally meaningful and serves a larger good. Promoting this trend is the goal of Encore.org, the nonprofit that awards the Purpose Prize, and the topic of an endlessly useful new book by Encore.org Vice President (and former New York Times columnist) Marci Alboher.
Being something of an encore careerist myself—as well as a fan of Marci's previous book on "slash" careers that combine two vocations—I couldn't wait to get my hands The Encore Career Handbook: How To Make a Living and a Difference in the Second Half of Life, out just this month. I wasn't disappointed.
First and foremost, the book is jam-packed with excellent practical guidance. Here are three big-picture suggestions that especially resonated with me:
Get comfortable with uncertainty: Uncertainty is part of any transition—and moving into an Encore career is a transition. The good news is you've likely already had some experience, transitions being a hallmark of life in Plan B Nation. I think about this a lot (as you know if you read this blog). I've written about transitions here. And here and here and here.
Get connected: In the end, it's all about the people you know—and those you meet. If you're lucky, you (like me) will find this a lot of fun. Marci suggests a number of specific ways to engage your friends and others in the encore career change process. Strategies include using others as a sounding board (akin to the idea of having a personal board of directors), working with career coaches, joining a group or taking a class, volunteering as a way to try on a job or sector, and building vibrant networks (both virtual and real-life). I've long been a big believer in always erring in favor of connection, and there are some great ideas here about how to go about that.
Get a handle on your finances: An encore career search means seeking "purpose, passion, and a paycheck," as Marci puts it. But exactly what that paycheck needs to look like will depend on your situation. Encore careers often—though not always—pay less than the jobs they follow. What kind of trade-offs are you willing to make? What is your risk tolerance? Can you think of creative ways to bring in extra cash or, conversely, to reduce expenses? (The book offers many suggestions.)
There is also lots of excellent nuts-and-bolts stuff: How to go about preparing encore career resumes and cover letters (along with samples), extensive resource and reading lists, basic business planning guidance, and an appendix of promising encore jobs.
Once you start paying attention, encore careers are everywhere. In my own office at Harvard School of Public Health, my colleague Patti came out of the world of hedge funds. "I didn't want to die having only been a banker," she said wryly over a recent lunch. My colleague Chris, like me, spent time in corporate law.
That said, encore careers often don't come easy, even for those with excellent credentials willing to take a pay cut. In his searingly honest Diary of a Company Man: Losing a Job, Finding a Life, former Time Warner executive James Kunen describes his uncertain path to ultimately fulfilling work teaching English as a second language. "Everyone loves doing something—I love reading at the beach—but not everybody loves doing something that you can get paid for," he reflects at one point. Closer to home, my friend Kenny—whom I met when I interviewed him for a Psychology Today piece on career choices—had a hard time finding public school teaching work after completing Teach for America training in his 50s.
But just because something is hard doesn't mean it's impossible—or that it's the wrong thing to do. And thanks to Marci Alboher's excellent book, it's now easier than it was.
Want to win a copy of The Encore Career Handbook? Thanks to Workman Publishing, I have two to give away. Tweet a link to this story with the hashtag #encorebookwin. I'll pick the winners next weekend.

subset: commoncrawl


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Flaps needed a new logo design and created a contest on 99designs.
A winner was selected from 85 designs submitted by 27 freelance designers.
MJF Finance. "Quality Service, Quality Solutions"
I am a sole operator with 25 years experience in the banking & finance industry. I've had a dream for many years to start my own finance broking business but until now haven't had the "balls" to do it. Sick of being dictated to by large multi-national companies that I've worked for, it's time I lived my passion for helping my own clients. Will be working from home initially with support from my wife of 21 years & 3 beautiful children. My "brand" will be centered around service & service & service, with a great passion for providing solutions to what my customers need.
Leveraging off my sister-in-laws very successful financial planning business as a core base to start with. Her clients are that Wealth Accumulator age whereby 1 of their strategies will be borrowing to increase wealth. Apart from that audience I will also be targetting the Asset builders (25-40) for their First Home & updating of their personal assets (Motor vehicles etc)
I want you to be creative & a design me a logo that represents who I am based upon the above passions I have with customers & helping them.
I will be using the logo that is designed for all of my stationery including business cards, letter head, eventually Web design & even clothing with my logo on say polo shirts..
I don't want cartoon type logo's or pictures of houses.
I do want an element of professionalism in my design. This could be in the type of writing that you design.
My Value proposition is "Quality service, Quality solutions". This must appear in the logo somewhere.
Here is my sister-in-laws website. I make reference to this as her business as well is service orientated:
No restrictions on colours, just keep it professional & in line with who I am.
File format to be in line with what would be required for producing business cards, stationery etc.
Find out how a design contest works or learn more about our logo design services.


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Support the planning and management needs of your waste management and recycling company. Our route and district management software can help make your planning and dispatching processes more transparent, reproducible, and assessable as a major part of workforce management processes.
- Eliminate waste through more efficient use of assets and resources
- Lower costs by optimising vehicles and personnel use and reusing data within enterprise systems
- Boost customer satisfaction by rapidly responding to their service requests
- Adapt quickly by developing optimal alternative routing models and resource re-allocation plans
- Develop viable service delivery plans for the short, medium, and long terms
- Manage ever-changing capacity constraints


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This Date In Royals History – January 5, 1994
When Royals fans think of Vince Coleman (if they ever do) I'd say the first thought is the 'killer tarp' in St. Louis that rolled his ankle before Game 4 of the NLCS. Coleman somehow got his leg tangled with the automated tarp system during warm-ups which resulted in a broken ankle – he was done for the rest of the post season so he never saw the field here at Royals Stadium in the World Series.
Many of our friends from the other side of the state reference the lose of Coleman as one of the main factors in their loss to the Royals – however that agrument has an equally (if not more) important corollary that often goes completely unnoticed.
Less memorable would be Vince's time in a Royals uniform that came nearly a decade later. The Royals acquired Coleman from the New York Mets in exchange for outfielder Kevin McReynolds (returning to the Mets from whince he came to Kansas City in 1991) on January 5, 1994.
Coleman's time with the boys in blue was not all that memorable, nonetheless 'Vincent Van-GO" still had the base stealing instincts finishing with 50 steals in 1994 – his single full-season in Kansas City. He is one of five Royals to ever post a 50+ stolen base season – Can you name the others? (see below)
After playing 51 games in 1994, McReynolds called it a career. Coleman lingered a bit longer when he was traded from Kansas City to Seattle in 1995 then playing briefly for Reds (1996) and Tigers (1997) before his retirement.
Royals with 50+ Stolen Base Seasons
Willie Wilson (four times)
Tom Goodwin (twice)
Fred Patek (twice)
Amos Otis
(Curt Nelson, Director – Royals Hall of Fame)


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Stephen A. Smith Responds To President Jmmy Carter's Statements On Racism Towards President Obama & The Bus Incident Where A Whte Kid Was Beaten Up By Black Kids
Stephen A. Smith speaking out
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AGING Initiative Protecting the Health of Older Americans Fact Sheet Building Healthy Communities for Active Aging Award What is the National Recognition Program for Communities that Combine Smart Growth and Active Aging? The principal goal of the Building Healthy Communities for Active Aging Award program is to raise awareness across the nation about healthy synergies that can be achieved by communities combining Smart Growth and Active Aging concepts. Awards will be presented to communities that demonstrate the best and most inclusive overall approach to implementing smart growth and active aging at the neighborhood, tribe, municipality, county, and/or regional levels. Two types of awards will be madethe Commitment Award and the Achievement Award. The Commitment Award recognizes communities that have developed and begun to initiate a specific plan to implement smart growth and active aging principles. The Achievement Award will be given for overall excellence in building healthy communities for active aging. Winners will be announced at the 7th Annual New Partners for Smart Growth: Building Safe, Healthy and Livable Communities Conference in Washington, D.C., February 2008. Who can apply for an award? Applicants must be public-sector entities in the United States and coordinate with their local Area Agency on Aging. Public-sector entities include all levels of elected governments, from city councils to state legislatures and their subdivisions such as planning departments and other executive branch divisions. Applications are due September 12, 2008. Application, award guidelines and entry rules can be found at: http://www.epa.gov/aging/bhc/awards/ Are Other Organizations Involved? The U.S. EPA's Aging Initiative is spearheading this multi-agency effort developed in partnership with: The President's Council on Physical Fitness and Sports The Centers for Disease Control (CDC) and Prevention The National Council on Aging's Center for Healthy Aging The National Blueprint Office Active for Life
------- Additionally, the Robert Woods Johnson Foundation, through its Active for Life program, is supporting a Healthy Communities for Active Aging Learning Network for participating communities and tribes, and the National Blueprint and the CDC Healthy Aging Research Network is providing technical assistance. What is Smart Growth? Smart Growth is characterized by development patterns that create attractive, distinctive, walkable communities that give people of varying age, wealth, and physical ability a range of safe, affordable, convenient choices in where they live and how they get around. Growing smart also ensures that existing resources are used efficiently and that lands and buildings that shape communities are preserved. Communities across the country are using creative strategies to develop in ways that preserve natural lands and critical environmental areas, protect water and air quality and reuse previously developed land. They conserve resources by reinvesting in existing infrastructure and reclaiming historic buildings. By designing neighborhoods to contain homes, shops, offices, parks, and other amenities, these communities are giving their residents and visitors the option of walking, bicycling, taking public transportation, or driving as they go about their business. A range of different types of homes makes it possible for aging Americans to stay in their homes as they age, young people to afford their first homes and families, at all stages in between, to find a safe and attractive home they can afford. Through smart growth approaches that enhance neighborhoods and involve local citizens in development decisions, these communities are creating vibrant places to live, work, and play. The high quality of life in these communities makes them economically competitive, creates business opportunities, and improves the local tax base. For more information see: http://www.epa.gov/smartgrowth. What is Active Aging? Active Aging takes place when older adults regularly participate in a variety of structured and unstructured physical activities. Communities can promote Active Aging by implementing a diverse array of accessible physical-activity programs, and helping to make more accessible self-directed physical-activity opportunities for those 60-plus. All of these opportunities should emphasize activities that increase endurance, strength, flexibility, and balance, while adhering to the principles of injury prevention. Self-directed activities include walking, biking, fitness trails and similar activities that are appropriate for participants at various levels of fitness and functional ability. For more information on Active Aging, please visit the websites of the Active for Life Program at http://www.activeforlife.info. National Council on Aging's Center for Healthy Aging at: http://www.healthyagingprograms.org and the National Blueprint at www.agingblueprint.org. Help Shape the Future for Communities and Older Adults For more information on the EPA Aging Initiative: www.epa.gov/aqinq Questions? email@example.com


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Initiative Filed to Name Bridge After Tim Eyman
An initiative has been filed to name the Interstate 5 Skagit River bridge for anti-tax activist Tim Eyman.
The Daily Herald reports a Bothell man filed an initiative to the Legislature on Wednesday to put Eyman's name on the bridge that fell into the water when it was struck by a truck with an oversized load.
The measure filed by Nicholas Santos says the Tim Eyman Memorial Bridge would be "dedicated to the efforts of Tim Eyman to reduce Washington state tax revenues and the collapse of the Skagit River bridge on May 23, 2013."
Supporters need to turn in 246,000 signatures of registered Washington voters by Jan. 3. Lawmakers could enact the initiative or put it on the November 2014 ballot.
Eyman says personal attacks on him are "silly."
Eyman says his own initiative campaigns are attempts to give people more influence over government.


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Here We Go Again: Winter!
A wintry mix of weather is being forecast for tonight and Wednesday by the National Weather Service's Grand Rapids office.
Here's what the National Weather Service is forecasting:
Light rain will mix with and change to snow this evening. The snow will become heavy at times overnight into Wednesday morning. The highest accumulations are expected along the Interstate 94 corridor, where six inches or more will be possible, especially for Battle Creek and Jackson.
"The snow will taper off from west (Michigan) to east on Wednesday. The Wednesday morning commute will be affected by snow and limited visibility from Interstate 96 southward. Blowing and drifting snow will be possible on Wednesday."


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Stryke Pants. Size: 30", Fits Waist Size: 30", Inseam: 32", Tundra
- Item # 32JK45
- My Part #
- Mfr. Model # 74369
- Catalog Page # N/A
- Catalog Group # H8518
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- Rotate: Use top-to-bottom, side-to-side by use of mouse arrow.
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Product Details
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- Item Stryke Pants
- Size 30"
- Color Tundra
- Fits Waist Size 30"
- Garment Style Pants
- Inseam 32"
- Material 41% Flex-Tac(TM) Polyester, 24% Polyester, 35% Ripstop Cotton
- Binding YKK Zipper, Prym Snap, Melamine Buttons
- Fabric Weight 6.76 oz.
- Pockets 8
- Includes PTFE Treated for Spill and Stain Resistance, Self Adjusting Tunnel Waist with (7) Belt Loops, Front Pocket Opening Has Self Fabric Facings and Reinforcement Fabric On Knife Clipping Area, Knife Cell Phone Pockets, Badge Holders On Front Belt Loops, Gusseted Crotch, Double Knee with Knee Pad Access
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EDMONTON, Alberta—In a deal that will give Stanley CSS a major residential security footprint in Canada, Stanley Canada Corporation, a subsidiary of Stanley Black & Decker, Inc. has entered into an agreement to acquire Microtec Security Systems, headquartered here, for $61.6 million ($59.7 million Canadian).
The deal includes close to 80,000 accounts, two UL-Canada listed central stations, five offices, 200 employees and many dealers, said Fred Fong, CEO and president of First National AlarmCap Income Fund, owner of Microtec.
© 2019 United Publications Inc. ALL RIGHTS RESERVED.


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John Higgins won the Bulgarian Open after he beat Neil Robertson 4-1 to earn himself a place back in the top ten of the world rankings and €25,000.
Higgins beat Ronnie O'Sullivan 4-2 in the semi-finals before comfortably beating Robertson with breaks of 60, 73, 118 and 82.
Robertson came through a semi-final with World Championship runner-up Barry Hawkins but was no match for Higgins.
O'Sullivan was playing in his first tournament outside of England since March last year and his run to the last four saw him beat Michael Wild, Michael Leslie, Ian Burns, Mark Davis and Mark Williams before his defeat by four-time world champion Higgins.
O'Sullivan had hinted that he may quit snooker after winning the World Championship for the fifth time but admitted he couldn't afford to quit and he walked away from Bulgaria with €6,000.
The European Tour comprises of eight events, with the top 24 on the final Order of Merit to qualify for the Grand Finals next March. These players will be joined by eight more from the Asian Tour Order of Merit.
The next event is the Rotterdam Open from July 19-21.
Write for GiveMeSport! Sign-up to the GMS Writing Academy here: https://bit.ly/12evFlH
DISCLAIMER: This article has been written by a member of the GiveMeSport Writing Academy and does not represent the views of GiveMeSport.com or SportsNewMedia. The views and opinions expressed are solely that of the author credited at the top of this article. GiveMeSport.com and SportsNewMedia do not take any responsibility for the content of its contributors.


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Get directions to Wabash College Chapel
Wabash College and the Malcolm X Institute of Black Studies present a public lecture by Ilyasah Shabazz, the daughter of civil rights leader Malcolm X. Ms. Shabazz will speak April 3 at 7:00 p.m. in the Wabash College Chapel. The lecture is free and open to the public, and will be followed by a book signing.
Her visit is the centerpiece of Wabash's 2008 Multicultural Festival.
Ms. Shabazz is the author of Growing Up X: A Coming of Age Memoir, which is the story of her family and life. The book has been heralded by BET.com on its Best Book List; reached number three on Essence Magazine's Best Seller List; received the NAACP Image Award Nomination for Outstanding Non-Fiction Literary Work; and was named the United Press International Book of the Week.
Shabazz leads a life dedicated to four passions: 1) the continued growth and understanding of her Family Legacy; 2) developing educational programs which foster self-empowerment regardless of life experience; 3) expanding the role of government to teach individual responsibility for improving society; and 4) capitalizing on the arts and entertainment to encourage the understanding of history, culture, and self-expression.
Following in the footsteps of her parents, Ms. Shabazz is working to convey a message of self-empowerment to future generations. She is presently implementing The WAKE-UP Tour, her exclusive program for empowering our Nation's youth. She is corporation president and Board Member of the Malcolm X & Dr. Betty Shabazz Memorial and Education Center, Inc. at the Audubon, the place of her father's martyrdom in 1965.
She served the City University of New York in the Office of Academic Affairs and has worked in the entertainment field as a technical advisor and production assistant for the motion picture Malcolm X.


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African conservation leaders should "move beyond piecemeal projects" and "make biodiversity the foundation of African development," by bundling ecosystem services to recognize nature as an asset for the well-being of society, according to Mohamed Bakarr, Senior Vice President of Conservation International. Bakarr was speaking at a workshop on the Future of Biodiversity in Africa, convened by IUCN in conjunction with the Africa Biodiversity Collaborative Group in Dar es Salaam, Tanzania.
The workshop, held Sept 18-20 with support from the US Agency for International Development and the John D and Catherine T Macarthur Foundation, brought 35 experts from across sub-Saharan Africa together to review achievements in biodiversity conservation,scan the horizon for emerging challenges, articulate African perspectives on priorities for climate adaptation,and articulate a vision statement for the biodiversity from the standpoint of the year 2025. The goal is to provide input into donor programs on the links between biodiversity and emerging challenges such as climate change and intensified investment in extractive industries.
The Africa Biodiversity Collaborative Group is a network of international conservation organizations with programs addressing biodiversity in Africa. Members include the African Wildlife Foundation, Conservation International, IUCN, the Jane Goodall Institute, The Nature Conservancy, WWF, the Wildlife Conservation Society, and the World Resources Institute.
In the opening message to the workshop, the Director of Tanzania's Ministry of Environment, Eric Mugurusi, conveyed a statement from the Minister of State for Environment, Dr. Baltilda Burian that "Africa is the most vulnerable continent to climate change." Burian noted that climate change would have a severe impact on national parks, wildlife conservation, agricultural lands and tourism, and called for the development of climate adaptation strategies, increase in the use of renewable energy, and improved land management including restoration of degraded lands.
In his keynote address, Conservation International Senior Vice President Mohamed Bakarr reminded participants of the tremendous accomplishments of conservation in Africa, particularly in protected areas, which have preserved assets that otherwise could have been lost.
The challenge, he said, was that "people and nature are not separate, they are one and the same. We now have a chance to recognize that the well-being of people and of the planet depend upon the well-being of natural resources….we cannot keep creating protected areas if we can't put them in the context of the services that are critical for the well-being of both people and ecosystems."
The workshop produced a vision statement that will be shared with the US Agency for International Development for use in its biodiversity programming.
Key elements of the vision statement included recommendations to promote climate adaptation, reduce the impacts of agriculture and extractive industries, adopt landscape approaches to biodiversity conservation, restore degradated ecosystems, develop alternative livelihoods and sound governance and develop greater collaboration with faith communities. It will be shared with other donors and partners in African biodiversity as well, beginning at the Fourth World Conservation Congress this October in Barcelona.
For more information contact:
Kelly West, Programme Coordinator, IUCN Eastern and Southern Africa Regional Office, email@example.com
Nancy Gelman, Coordinator, Africa Biodiversity Collaborative Group, firstname.lastname@example.com
John Waugh, Senior Fellow, IUCN Multilateral Office email@example.com


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Meal Planning and How Do You Keep Your Energy Up While Pregnant?
I am reaching that point in pregnancy (the point that actually hit me two months earlier while I was carrying Clara) when it becomes difficult just to remain upright during the day. My energy is just too low.
Thankfully, I have only a day and a half of work left this week, and then I am unofficially done! Except for the three Fridays I agreed to work to give them a bit more time to replace me, but we'll call that 'Future Sam's' problem... Next week, I start teaching piano again (16 returning students, when I really only expected about 10) and babysitting a few hours every morning for a little girl who is the same age as my daughter. I agreed to babysit for a couple of reasons - 1. Since I was only going to have 10 piano students, the extra income was kind of necessary, and this little girl and her family felt like a comfortable fit for me so despite my aversion to babysitting for strangers, I agreed... and 2. Having an additional toddler around MIGHT just make it actually easier to parent a toddler while taking care of an infant. I have heard it said that having twins is easier than singletons - after the first year - because then they are better at entertaining each other than only one child would be. I'm hoping this will be the case, because I'm starting to feel a bit overwhelmed terrified.
Partly because I am needing to boost my energy, and partly because I have been neglecting this for far too long and let's face it - one can only eat so much KD and hot dogs - it is time to start meal planning again.
I am usually good at this for about two months before I flake out and we spend a few weeks eating fast food and whatever we can scrounge around the house, and this fall will likely be no exception since I have about two months before I will be having another baby...
My first step is usually to determine a framework for my meal schedule, and to determine what sorts of meals I want to include.
This involves making lists :)
This go around, I want to make sure I include a lot of high-energy foods to boost my energy right now, and along with this I think I want to try to reduce our gluten intake, so I've been looking into gluten free meal plans for ideas.
We definitely need to eat more veggies, so I am making a list of either veggie-filled dishes, or veggie sides to include daily.
For cost reasons, I also need to consider a few meals each week that are low in price. This means we can't have steak and salmon every day, as much as I would LOVE that :) So, I make a list of meals that are lower in cost - pasta dishes, for example which also often make enough for two meals, and other possibly meatless meals that use ingredients on hand like waffles or pancakes. If I'm being pretty healthy otherwise, I usually don't feel too bad about throwing in the occasional $1 box of KD either.
Then I make a chart for the month, and take note of which kinds of meals I should make on which days - early in the week I choose meals that make more leftovers for lunches, and on days when I'm teaching piano I choose meals that can be made ahead of time or quickly during my supper breaks.
Then I start slotting recipes in, while paying attention to which category each meal falls into and trying to avoid scheduling any of the same kind of food within one week. Usually I have at least 1 chicken meal, 1-2 vegetarian or 'egg' meals, 1 beef meal, 1-2 seafood meals and 1 pork meal per week depending on what we are doing. I also typically leave at least one supper free each week for an impromptu family event, or simply to eat any leftovers we may have accumulated.
I try to do one big shopping trip at the beginning of each month, and then weekly trips for produce and bread.
Someday I hope to organize myself enough to spend a day or two at the beginning of each month making freeze-ahead meals like meatballs, chicken breasts and lasagna, but I'm not there yet!
What are your meal-planning strategies?
What foods do you eat to keep up your energy levels, or lower fatigue?
What else do you do to increase your energy while pregnant?
Too Hot!!!
It wasn't long ago I was commenting on our frigid northern temperatures, wishing for the sun to come out and heat things up a bit!
I take it back, I take it back!!!
Summer (in our part of the world) has barely begun, and we are already experiencing an almost unbelievable amount of heat. Also, because extreme heat is not expected for a very long period of time here, many people still don't have air conditioners (including us), so our house is hovering around the 29 to 30 degree C mark. It goes up to about 32 during the day, and goes 'down' to 27 at night – if we're lucky!
I spoke to a friend of mine this morning who had rushed her daughter to emergency with early signs of heat stroke, and it had me worried. How do you keep babies and children cool when you have no way of lowering the temperature in your home below 'freaking hot'??
We have been dressing my daughter in nothing but a diaper for night, we have her ceiling fan at its highest setting as well as leaving her bedroom window open and it still stays warmer than most other rooms in the house.
How do you keep your little ones cool in the warm weather???
Things to Watch For After a Blow to the Head
Today, my 16-month-old daughter experienced her first bump on the noggin (see last post)
I am NOT a nurse, but I called a local health-line to find out if I should be seriously concerned about Celia, and this is the list of questions they asked me, and things they gave me to watch for (in brackets are the 'good' answers):
- Pupils - are they the same size as each other? (yes)
- Is there swelling, and is the swelling 'soft like a marshmallow' or 'firm like a grape'? (firm, like a grape)
- Does she have any bruising around her eyes, or behind her ears? (no)
- Is there any kind of fluid coming out of her nose or ears? (no)
- When she walks, does she wobble as though she's dizzy? (no)
- Hold your finger, or another object, about a foot in front of her face and ask her to reach out and grab it. Does she seem to have trouble following this command? (no)
- Is she speaking clearly, or as clearly as she normally does? (yes)
- Is she able to use all of her limbs completely and normally? (yes)
- Is she crying or fussing endlessly, and seemingly inconsolable? (no)
- Does she confused in any way, not knowing where she is, or who you are? (no)
- Does she seem afraid of you? (no)
I don't know what the opposite answers to any of these questions mean, but the nurse told me that if anything changed in the 6 hours following the injury, to call again or to take Celia in to the hospital. In her case, there was no blood (they did ask me this), and I assume there would be a number of extra questions that would go along with a bleeding injury.
For the 6 hours, I was supposed to check her at least every 30 minutes (if she went for a nap, to only allow her to sleep 30 minutes at a time), and then to check her every 3-4 hours after that for about a day.
The nurse told me to watch for signs of confusion after waking from a nap - a 'deer in headlights' look, indicating confusion or uncertainty about who you are or where she is.
It's nice to have 24-hour numbers to call for things like this...
Be Ready for Anything...
I've been trying to read more news articles - particularly on children and parenting recently, and there's a significant trend in reporting on the concept of 'helicopter parenting', and it's quite a controversial topic.
This article on the Today Moms website, talks about crawling helmets being made for babies - not for riding on a bicycle or anything like that - but for everyday crawling around the house. To protect them from normal baby bumps and bruises.
I doubt that a helmet on a baby at 8 months will significantly affect how this child behaves when he is older, but the pattern indicated by the parents who require this at this age might just indicate a level of paranoia that will probably significantly affect that poor child when they are old enough to realize just how abnormal their parents are. By putting a helmet on a crawling baby, you might decrease his risk of a serious head injury, but you are also likely increasing his risk of a serious psychological imbalance. I have seen children who are 'babied' to a small degree, and they become adults who are not really confident in being adults. They have been told that they need help and protection from everything, so they go along with that, and never branch out on their own or do anything productive for themselves. They become unproductive and unsatisfied people.
I have a 16 month old daughter, and not a week goes by when I don't panic about some terrifying possibility or another. My daughter could get hurt someday - but honestly, there are no lengths I could go to that would protect her from everything. There is ALWAYS - no matter what I do - the chance out there that she could get hurt, or even killed. My daughter is mortal - someday she will die - and I pray that it is not for at least another 80 years, but no one has that guarantee.
So, with every choice I make with her, I have to think about the immediate consequences as well as the long-term ones. Ultimately, what will this choice do for my daughter, and what is the likelyhood of each possible consequence?
If I allow her to go to the park unsupervised, is the 0.0002% risk that she could be kidnapped enough to outweigh the 48% risk of her having less confidence as an individual if I keep her home, and never allow her in public without an adult closely present?
Will she be required to wear a helmet while riding a bike? Absolutely. Will I demand she wear a seatbelt in the car? Of course. Will I teach her how to protect herself and be wary of strangers? Yes.
But there will come a day when she will the leave the house and I won't see what she does. She might be 13 and riding a bike with her friends helmet-free, or 17 and getting into a vehicle and choosing not to wear a seatbelt. Someday, she may choose to trust someone who shouldn't be trusted and allow herself to be taken advantage of. And I will have to pray and trust that I have taught her well, and that she will choose by herself - with no one watching her - to be as safe as she can be.
As her mother - from the moment she came into being, I began the process of letting go. The process of realizing that she is not part of me, but an entirely separate being, and is learning how to be 'herself' more and more each day.
Yes, I want her to be safe, but I want so much more for her to be HER. Even if that means taking a few bumps and bruises along the way. I have to accept the fact that anything could happen, and that is part of life, but I will make every effort to make sure that she is free to be herself.
'Poo Free' Continued...
I have been 'off' shampoo and conditioner (in the traditional sense) for almost a month now, and although I'm not jumping up and down about how awesome my hair is, I'm not planning to purchase any shampoo again anytime soon.
My hair is starting to seem less greasy on a regular basis, although it still looks and feels slightly greasier than it used to (immediately after a washing), it lasts for a couple of days as opposed to the less than 18 hours I used to get out of it.
So, all told, it's not so bad that I want to go back to spending an insane amount of money on products that didn't really work anyway.
Here is what my hair looked like today:
Slightly greasy looking at the front - but not so much that it's obviously grease...
And this looks pretty good - although I've had a bit of an issue with static. I haven't used any products except occasionally a teeny bit of hairspray to make the little hairs at the top of my forehead stay down. I should also note that the color in my hair is entirely natural - those are not artificial streaks you see...
Health Factor
Recently a friend (who happens to be in the medical field) downloaded a YouTube video for me to watch called "23 and 1/2 hours: What is the single best thing we can do for our health?".
I recommend it, and found it challenging, but at the same time it made me want to scream in frustration.
I'll explain. The video is based on the fact that walking daily - even if only for 30 minutes a day - is the single greatest thing we can do for our health. It details a bunch of studies and statistics about how it decreases various illnesses and as a whole increases a person's lifespan by potentially decades. The '23 and 1/2 hours' refers to the amount of time you 'can be a couch potato', according to the video, which simply pleads with people to spend at least 30 minutes a day getting exercise.
I understand that 30 minutes a day is a short amount of time - and really shouldn't be a complicated thing to accommodate into my schedule. My frustration, however, is that it really isn't quite fair to say that for 23 and 1/2 hours we are being 'couch potatoes' (although I'm sure some of us are).
Today I woke up at about 7, fed and changed my one-year-old daughter. Made breakfast for each of us, and then did a bit of cleaning in the kitchen while my daughter played. Then we went downstairs while I threw the cloth diapers into the laundry and folded some of my daughter's clean clothes. After she was done playing, she went down for a nap while I had a bath and did my daily devotional homework. Then she woke up at about 11:30, and was basically ready for lunch, so I got some ready for both of us, and spent some time planning our meals for the week, which involves a bit of researching and checking the freezer and pantry for ingredients. Then my daughter played again, while I played the piano and folded and put away more laundry.
At about 2pm, I was about to get both of us ready to go for our daily walk and Celia decided she was ready for another nap... it is now nearly 3 and I have to clean the living room, vaccuum, clean the kitchen and start making supper all before 6pm when I start teaching piano. I should also mention that living in Saskatchewan in winter, going for a walk involves bundling up quite thoroughly, which can take about 10 minutes all on its own.
Today is my easy day - most days I start teaching at 2:30 or 3.
Again, I understand that 30 minutes is not a lot of time, and I should definitely be able to fit it into my schedule - however - it is not always so easy for a stay-at-home Mom to get everything done that I need to - especially one as flighty and unorganized as I am...
'Poo Free' Day 18
For the first couple of days of not using shampoo, my hair looked beautiful - although it still felt greasy - so I was encouraged to continue with the baking soda routine. After a few days, it began to look greasier - although still not nearly as greasy as it would if I had simply stopped washing my hair. I had been warned by various blogs that some people experience a sort of 'detox' period, and so after about a week I was far enough into the regime to back out and too stubborn to reconsider.
It has now been two and a half weeks. I have started to wash my hair less often - once every other day, instead of once a day. My hair still seems greasy to me, but I discovered that if I rinse my hair while scrubbing (baking soda seems to be hard to completely rinse free) for long enough - it makes a difference.
So, for now I continue because the lack of toxins from commercial shampoos and conditioners is logically the healthier choice for my hair, and although my hair is not (yet?) beautifully clean feeling, I'm still waiting out the detox period and hopefully it will sort itself out. It is also MUCH cheaper than hunting for an effective product at $8-$15/bottle...
End of Day 2
My hair has been dry all day - I even curled it! My hair didn't stay in curls, which isn't unusual, but I was hoping it would work better...
Although it still feels slightly greasy, it doesn't look greasy at all. So far so good...
Day Two of Being 'Poo Free'
A while back, I was talking to a friend about how annoyingly unmanageable my hair is. She suggested trying the 'poo free' method of hair cleaning - for those of you who don't know, this involves not using shampoo or conditioner in favour of baking soda and apple cider vinegar, respectively.
Lately I've been trying to cut back my costs around the house, as well as replace as many 'chemicals' in my house as possible with natural ingredients. (It just makes sense to me that we should use as many natural items as possible, since the animals we are are likely not made to use all of the processed junk we do...). Also, because my hair is ridiculously tangly, I am always using a TON of conditioner, which gets pricy, as well as constantly trying different brands and products to find something that leaves my hair more manageable. Nothing has worked, so I was quite willing to try anything.
Yesterday was Day 1. As prescribed by various websites, I mixed 1 Tablespoon of baking soda with 1 cup of water, and used this ratio to fill an empty shampoo bottle. The same ratio was used to mix Apple Cider Vinegar with water into an empty conditioner bottle. In the shower, I poured about an eighth of the soda mixture onto my hair, worked in as much as possible, and then rinsed. My hair felt heavy and a bit greasy. Then, I poured the same amount of the cider mixture onto my hair, worked it in as much as possible, and then rinsed. The vinegar smell is a bit strong for a minute, but it goes away as soon as it is rinsed out.
Typically, after one missed shower, my hair is noticeably greasy. I have even tried in the past to simply rinse my hair with water if no shampooing product was available, and I have walked out of the shower with greasy hair. Simply put - my hair needed shampoo!
Yesterday, however, my hair looked great. It felt a little bit heavy, and 'sticky', but it looked light and airy and very not-greasy.
Today is Day 2. I washed my hair the same way as yesterday - I forgot until after I rinsed that most websites suggested only rinsing with cider vinegar every 3 or 4 days, so I'll skip that step tomorrow... So far my hair is still wet and in a towel, but I'll keep you posted.
Changing my Attitude
Lately my husband and I have been eating out - a LOT. Which would be ok, except that we don't have a ton of cash right now, since we're still recuperating from Brian being jobless in September, and we're not eating out for fun and to places we enjoy but because we're lazy, and we're going to places like McDonalds and TacoTime.
In November and December, I spend a lot of time doing Christmas baking. As I have been baking this year, I have also been watching online documentaries from my computer. Mostly historical and religious stuff, particularly if they're controversial, but I happened to stumble on 'Supersize Me'. Every one has heard of it, I'm sure.
I was surprised at how taken in I was by what this guy was saying. It hadn't occurred to me that ANY kind of food could be THAT bad for you, or cause that kind of damage. And although it's one thing to fill your own stomach with crap food and damage your own liver, it's entirely different to give this stuff to a child who has no say in the matter. I decided that it was time for a change.
We were mostly eating out because after a long day of baking and cleaning up after baking, I was tired and didn't want to do any more kitchen work. And the option is always there - at the back of my head - when I'm tired, I can always resort to fast food...
SO - I decided to remove this variable completely. I have forbidden us from eating out - at least for the foreseeable future - to give myself time to develop better habits, and to force ourselves to choose homemade food instead. Even if we have to go out to the grocery store to get something because there's nothing in the house - we would have gone out for fast food anyway.
There is a new tab on this website - for recipes. I have been scouring my family and friends for quick and easy recipes that they use, as well as recipes they use regularly simply because they really like them. So, for every day that I use a new recipe, I will add it to my Recipes page. I'm a bit behind, since I started this a couple of weeks ago, and some recipes will be without pictures - I hope that will be ok. :)
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The new reality-television show Killer Karaoke challenges contestants to sing while enduring physical challenges. As if taking the mic at a karaoke bar isn't a form of torture in itself for many of us. Yet across the country, karaoke is booming.
Some devotees brave public humiliation for the opportunity to blow off steam. "I love karaoke not for the singing but for the performance," says Joe Fairless, a New York City career coach. "It gives me an excuse to scream at the top of my lungs, jump up and down, and laugh at my friends." Others need a little liquid courage to embrace their inner exhibitionist. "You get two shots of whiskey in me and the promise of Kris Kross's 'Jump,' and I'm happy," says Sara Nachlis, a video researcher from Long Beach, CA.
Whatever the motivation, it's easier than ever to find a karaoke bar, whether you prefer to front a live band at rock-n-roll karaoke nights or holler with friends in your own traditional Korean-style room. Our favorite karaoke bars guarantee a memorable night and, for travelers, the chance to sample a local scene while trying out that new song in a place you won't be back any time too soon.
In Nashville, serious aspiring country singers come to show off their chops over karaoke at the Nashville dive bar Lonnie's. Good Luck Karaoke in Dallas gets creative with downright weird theme nights like American folklore ("Carnie-oke") and revenge of the nerds, while Palm Tree LA takes the nightclub approach to karaoke, with private rooms complete with bottle service and red leather couches.
Karaoke ("empty orchestra" in Japanese) dates back to the 1970s, when a Kobe-based drummer merged an eight-track player with a microphone. The first stateside karaoke bar opened in Los Angeles in 1982, and the rise of boy bands and karaoke references in pop culture—notably Scarlett Johansson's scene in the film Lost in Translation—helped popularize the habit and spawn all-American variations. The Hip Hop Karaoke NYC series hosts occasional rap competitions, and San Jose's Treatbot, a "Karaoke Ice Cream Truck from the Future," rewards any singers with free ice cream.
So ready for your 15 minutes of…something? One of these karaoke bars is surely playing your song.


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I had the opportunity last weekend to attend the North Central Queen Assembly held in Troy, Ohio. It was entitled 'Selecting and Rearing Your Own Queens', which did make me think the information was going to be rather introductory and basic and that I wouldn't get all that much out of it. It's the downside of beekeeping conventions after a while and you are really into bees, the conventions tend to target those at the beginner level and there just isn't that much new information for some of us.
But the list of speakers included some very notable people such as Gary Reuter who works with Marla Spivak in Minnesota, Greg Hunt from Purdue University and John Harbo who worked at the USDA Honey bee lab and is responsible for the Harbo syring, SMR/VSH queens and much more. Not to discount Larry Connor and Jim Tew, both entertaining speakers, and Joe Latshaw whom I blame for my queen rearing obsession. So I had some high expectations.
It ended up being well worth attending, and if you have any interest in rearing queens (or even just buying a queen) you should be kicking yourself for not attending. Enough basic information was presenting for the beginner, yet had plenty of good information for us that have been rearing queens for some time. Even had good information for those just wanting to buy a queen and what they should look for in a breeder. It was very interesting and very worthwhile. I sincerely hope they hold it again next year.


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2009 Northshore Fisher 37
Interested in this boat?
- Description
- View Full Specifications
- Year:
- 2009
- Hull Material:
- Fiberglass
- Length:
- 37'
- Engine/Fuel Type:
- /
The 37 is the epitome of the large, powerful motor sailer. Over one hundred and forty have been built since her introduction in 1973. Over this period the interior layout and rig have evolved into what many owners today would say is the best motor sailer of its type. With the Fisher 37 you can be confident that every design detail has been thought through carefully to create a yacht that can virtually be all things to all people ? a pleasure to sail, powerful under motor, a long distance cruiser, or a comfortable live aboard ?permanent? home. Under sail, or powered by her massive 100 h.p. engine, this boat will take you safely and in comfort to any destination around the world. Fisher 37?s have sailed more miles then any other in the range and her distinctive profile will be found in any of the oceans around the world, from the Arctic to the Antarctic. The sail plan has been well refined over the years and today the cutter ketch rig is standard with bowsprit, giving powerful performance yet still being easy to manage.
Additional Specs, Equipment and Information:
Keel: Other
Hull Shape: Monohull
LOA: 37 ft 0 in
Beam: 12 ft 0 in
LWL: 32 ft 6 in
Dry Weight: 31360 lbs
Engine Options
Engine Option 1: 1x 100 HP
Additional Description
- Below deck, the saloon and cabin areas are extensive.
- The 37 can sleep up to six with two full length single berths in the forecabin and a large double berth in the aft quarter.
- In the saloon the settee converts easily to a double berth when extra sleeping area is required.
- The wheelhouse provides much more than extra working space with a settee to port with a chart working space forward and another full length settee to starboard with deep storage under the whole wheelhouse area creates a second saloon on deck with excellent all round visibility.
Interested in this boat?
*This price is based on today's currency conversion rate.
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