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Greetings & Salutations Traveller...
Welcome to my homepage dedicated to the World of Austin MUD (The worlds best MUD, at: austin.prg.dtu.dk port 4000, or just click on the funky logo with the flying dragon to open up a telnet link). This website is still being built (which ones aren't?), so if you like this place, then keep checking back, as I hope to have added something new by then.
This site is aimed at developing the World of Austin. To this end, the focus of the site is onm the world itself, and less on the people who live there. you will find information here on the history, geography, gods, myths and monsters that make Austin what it is.
As always I would love to hear what you have to say about this site, so please leave a message in the Guestbook, or email me with your comments/requests. See you on Austin some time!
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23/12/05 - Not an update or news, just me saying Merry Xmas to you all. I started off 2005 by saying I'd be updating this place more often... yeah that kinda died a death. I very much doubt I'll ever be updating this site again. Still I'm gonna leave it up for a while. My counter shows I still get something like 25-40 hits a day, so some people must like it. Be well all!
5/9/05 - Added a link to the sidebar to my new website Castle In The Clouds, which is my blog that I created a few days back. Also on another note, my new Austin Sweatshirt just arrived in the post (got 2 of them now) and I have a couple of the Dwarven Steins on the way. Those of you hoping for more Austin related updates to this site, sorry, not going to happen. I'll leave the site up, but if I make any alterations here from now it will be to reduce the amount of Austin content as I have plans to make this more of a personal website than it is now.
9/1/05 - Added a link to the sidebar that connects to the Story Hour message board thread I run on EN World. Here I post an ongoing journal of my Friday night Dungeons & Dragons campaign. This has nothing to do with Austin at all, but since this isn't the official Austin website anymore, and just my own site, I figured "What the hell!". Besides, you might enjoy reading it.
1/1/05 - Okay it's been a while since my last update, I'll try and work on this place a bit more often in 2005. Still to start the new year off we have a new map!! there was but one entry to the Austin Map Contest I ran, but thankfully it's a thumping good one. The Winner of the 2004 Austin Map Contest is Solar whose new map will now adorn the frontpage of this site for the next 12 months. I'll run another Map Contest starting in October so that 2006 can (hopefully) start with a new updated map also. Solar email me with the descriptions etc of the suit of 7 restrings you have won and I'll get right on it. Happy New Year everyone!
20/10/04 - Updated the Links page today, tidying it up a little and adding in some connections to some great webcomics that I read each week. In particular I recommend checking out The Order of the Stick! Just remember to start reading it from the beginning. Will take you a couple hours to read through it to the most recent strip (there are 112 strips at the time of writing this I think), but you'll laugh yourself sick as you read your way through the archive.
13/10/04 - Well while the Literature index page is now up, most of the stories etc are not. This section is going to take me a few days to get put back together properly, and not everything that was there before will be returning (as a combination of me not having a backup file of it and lets be honest, some of it was pretty poor). For the moment Deuce's stories are back as well as Mena's history (though the pages need a lot of work to make them presentable). I also managed to find the Magic Users Class page (and attached spell info page) and so have restored that to the Classes & Races section. Unfortunately I have not been able to find the pages for any of the Option Classes that I had finished before taking the site down, so it will be a while before they are back.
13/10/04 - Okay, the Contacts, Links, Immortal Pantheon and Mortal Council links should all be working now. I'll get on with Literature now then which is gonna take me a while.
12/10/04 - Figured that since I was updating this site and all, now that it is back online, a new map would be nice, so I hereby announce the 2004 Austin Map Contest. Details are on the Competitions page on the sidebar, the winner wins a set of seven restrings, and every good entry wins at least one! What are you waiting for?
12/10/04 - Decided that I'd invested WAY too much time and effort in this website to let it go the way of the dodo, so I have resurrected it. However, this is an older copy of the files, so might take me a while to get it back the way it was. Also gonna be making a few changes to the way the site is laid out, trim it down a bit, so that it will be easier to keep up to date.
Please bear with me as restoring this site is likely to take a few days, my html wasn't that great when I originally created many of the pages and so I am taking this opportunity to tidy it up as I put the site back online (which will reduce filespace and make the pages load quicker too). for now at least, the Classes & Races, Timeline, Glossary and Geography sections should be all updated. The old individual guild sections and mortal pages will not be returning, they ate up too much filespace and were a nightmare to keep up to date. I am willing to work with any guild that wishes a section added to the site, but I need to decide what form such a section would take. For the time being there is a page detailing the basics of the guilds.


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Police activity week of 10-12-09 through 10-18-09
10-12-09 22:37 Hours – Ptl. K. McDermott – Theft-$50-$200 auto parts
Unit block W. Baltimore Ave. – Received a call for stolen tag discovered. Made contact with the vehicle owner who stated that her license plate was taken from her vehicle between 1400 hours and 2230 hours on today's date. Nothing else appeared to be tampered with on the vehicle.
10-13-09 20:36 Hours – Ptl. T. Selimis – Disorderly Conduct
Belmont Ave. (Belmont Park) – This officer observed two black males in Belmont park at dark, after hours. The males were asked if they had any drugs on them and the one responded he had "a little weed in his pocket". The drug was confiscated. Both were transported back to the police station and cited and released.
10-15-09 09:00 Hours – Ptl. C. Brown – Theft-$200 & Over from buildings
00 block N. Lansdowne Ave. – On police arrival the victim stated that she was locked out of her apartment on 9-29-09 due to failure to pay her rent. She was provided sufficient notice and did gather a few belongings prior to leaving the residence with her children. On 9-20-09 management came to change the locks. The locks were changed and they left the area. Today the victim called to request access to her apartment to retrieve medication for her child. The victim states items are missing from the apartment. The victim will provide a list of the missing items.
10-15-09 05:22 Hours – Sgt. B. Eidell – Driving under the influence
200 block N. Wycombe Ave. – Called to the scene of an accident the police identified the striking vehicle and driver. The driver/defendant was observed to have slurred speech, her eyes were very glassy and she appeared to be having trouble staying awake. The defendant was unable to complete field sobriety tests safely as the defendant was unable to stand on her own. The defendant was placed under arrest, processed and released to her boyfriend.
10-15-09 13:49 Hours – Ptl. C. Brown – Disorderly Conduct
100 block Ardmore Ave-(Ardmore Avenue School) – Report of an assault at the school. On police arrival the complainant stated that the offender was located in class with the victim, the offender was told by other student's that the victim was badmouthing his mother. The offender became upset grabbed a pencil and stabbed the victim in his left arm. The victim sustained a minor injury to his arm which was check and treated by the school nurse. The offender was later picked up by his father at the school. The offender is suspended for five days and will be recommended for expulsion. The offender was cited for disorderly conduct.
10-15-09 Ptl. C. Craig – Robbery-Armed-Firearm-Highway
11 block Windermere Ave. – This officer Sgt. Donegan and Officer McGinnis responded for a report of a robbery of a delivery person had just occurred. The victim stated the actors displayed a handgun and took the food and his money and went behind the residence on Windermere Ave. the suspects one black female, early 20's to 30's , 5'6″ medium build seen wearing a red hoody and dark pants, suspect #2 black male , 20'30 to 30's.,6′, thin build, last seen wearing a white and dark grey hoody pulled a gun from his jacket pocket and demanded the money. Suspect #3 black male early 20'3 to 30's approximately 6′ tall build wearing a dark colored hoody and dark pants. Checked the area for actors without success. Investigation to continue.
10-16-09 08-35 Hours – Ptl. D. Schiazza – Theft-$200 & Over- All Other
100 block Mansfield Ave. – Two wicker chairs stolen from the front porch. Value $500.
10-16-09 08:23 Hours – Ptl. L. Doyle – Theft-Under $50 from Auto
200 block Bryn Mawr Ave. – Victim states her black Honda SUV was ransacked. Only thing taken was approximately $15 to $20 in change. The victim could not remember if she locked her vehicle.
10-16-09 14:30 Hours – Ptl. L. Doyle – Theft- Under $50 Retail Theft
Unit block E. Baltimore Ave. (Rite-Aid) – Received a report of a shop lifter in custody at the Rite Aid store. The loss prevention officer observed the defendant remove store merchandise from the shelves and conceal same in her pocketbook. The defendant was detailed by the loss prevention officer. Located inside the defendant's purse was store merchandise in the amount of $22.55.
10-16-09 09:25 Hours – Ptl. L. Albertoli – Theft-Under $50 from auto.
200 block W. Essex Ave. -The victims vehicle was ransacked and missing approximately $2.50 in change. The vehicle was unlocked at the time.
10-16-09 10:00 Hours – Ptl. L. Albertoli – Theft- from auto
200 block Bryn Mawr Ave. – The victim's unlocked vehicle was ransacked. Nothing known missing at this time.
10-16-09 17:58 Hours – Ptl. D. Schiazza – Assault, Firearm
Bartram Ave. – This officer and Sgt. D. Donegan responded to Crozer-Keystone County Hospital for a report of a gunshot victim. The victim was being treated for a shotgun wound to his right thigh. The victim reported that he had been shot after being approached from behind by three actors wearing black hoodies while he was walking north through Interboro park towards Bartram Ave. the victim ran to his residence and was driven to the hospital by his mother. Investigation to continue.
10-28-09 00:34 Hours – Sgt. J. McCaughan – Driving under the influence
S. Lansdowne Ave. – This officer observed a gray Cadillac Deville swerving in the roadway. The vehicle was stopped. The driver/defendant had a strong odor of alcohol on his person. The defendant was requested to perform field sobriety tests to which he responded "I can't even do those when I'm sober." The defendant was placed under arrest for driving under the influence.
10-18-09 09:52 Hours – Ptl. D. Schiazza – Theft-$00 & over from auto
Unit block E. Stratford Ave. – The victim states his unlocked vehicle was ransacked and items were missing. Missing from the auto was his Pa photo drivers' license along with $10.00 in change. From the vehicle trunk a Sony car speakers was also taken.

subset: commoncrawl


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15 Mar Flooring By Design is a proud sponsor 6th Annual Over the Rainbow Gala. This year's theme is Murder By The Books!
Posted at 13:01h in blogs 0 Comments
Set in 1920, at a conference of Crime Writers and Detectives, the notorious escape artist Harry Houdunit takes the stage, and his dangerous and controversial act becomes an act of… murder! Can you solve the case, along with the help of Sherlock Holmes, Dr. Watson, Agatha Christal, Hercule Perrier and Miss Marble? Come and join the fun, for this thrilling and hilarious whodunit, where fact meets fiction!
For tickets please visit www.overtherainbowgala.ca


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MWAA Eyes Entrepreneurial Connections for Airports
The Metropolitan Washington Airports Authority has inked a strategic alliance with 1776, an international firm that promotes the growth of startup companies.
Under a marketing and collaboration agreement, 1776 and the authority will identify and mentor entrepreneurial firms that are pursuing new technologies and processes to improve and streamline the efficiency, effectiveness and convenience of air travel and related forms of transportation that also could benefit other airports, transit agencies and organizations that are part of the broader air-travel community.
"In today's rapidly changing world of business and commerce, it is imperative that transportation providers, such as airports, take advantage of new technologies that help us meet the demands and expectations of our increasingly mobile customers," MWAA President and CEO Jack Potter stated.
MWAA Executive Vice President and Chief Revenue Officer Jerome L. Davis noted that companies affiliated with 1776, such as travel-related mobile-application developer Airside Mobile, already are improving the air travel experience by introducing technologies such as Automated Passport Control devices that speed the processing of international passengers arriving at Dulles.
Launched by cofounders Donna Harris and Evan Burfield and headquartered in Washington, DC, 1776 serves hundreds of startups and institutions worldwide through its innovation curriculum, mentorship, investment and programming. For more information, go to 1776.vc.


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7th Circuit Court of Appeals
June 6
Civil – Discrimination
Matthew Whitfield v. International Truck and Engine Corp.
Because a District Court judge made several errors in analyzing the evidence brought by an African-American electrician in his lawsuit alleging he wasn't hired because of his race, the 7th Circuit Court of Appeals reversed judgment in favor of the company.
Matthew Whitfield brought an action alleging failure to hire and violation of the Civil Rights Act against Navistar after the company continually hired less-qualified white applicants for open electrical positions. He first applied in 1996 but wasn't immediately hired because some years of his experience could not be verified. In 1998, while his application was still pending, he received his journeyman card from the union which showed he had at least eight years of experience, as was necessary to be hired. But he was never hired.
According to the court record, the cover letter in his file had the word "Black" on it, but no one with Navistar could explain why it was there. In 2001, Whitfield and 26 others sued Navistar, alleging discrimination and a racially hostile work environment. Most people settled that case, but Whitfield's hiring discrimination claim went to trial.
Chief Judge Richard Young refused to admit evidence from the class trial, which was proffered one day into trial, saying it was untimely. Young then determined Whitfield's evidence didn't imply any discrimination, he did not meet Navistar's unstated qualifications for the job, and he did not offer any compelling comparator evidence.
The 7th Circuit found "troubling" the determination that there is no evidentiary link between the cover page and an intent to discriminate.
"First, this strikes us as evidence of racial coding, which strongly infers discrimination," wrote Judge Richard Cudahy. "Second, the district court apparently ignored rather extensive evidence of the racially hostile environment within which this cover page was attached to Whitfield's personnel file."
Young concluded that the file could mean that "Black" was written for affirmative action purposes, but no one from Navistar offered that as an explanation. The 7th Circuit also concluded that the District Court committed a "more egregious" error by giving enormous weight to the fact that Navistar hired a female, African-American electrician around the time Whitfield's application was pending.
"In doing so, the district court again shut its eyes to the entire record, choosing an implausible view of the evidence, and, at the same time, misapplied the law," Cudahy wrote.
The evidence shows that Whitfield had more experience that many of the white electricians hired at the time he applied, and that some even had none of the skills that Navistar claimed Whitfield lacked, thus justifying their decision to not hire him. Any errors that were in Whitfield's application were rectified by 1998, yet he was still not hired, the 7th Circuit noted.
The case is remanded for further proceedings.
Indiana Supreme Court
May 28
Miscellaneous – Wrongful Death/Medical Malpractice
Larry Robert David, II, as Special Administrator of the Estate of Lisa Marie David, Deceased v. William Kleckner, M.D.
A doctor who chose to perform just one biopsy instead of two on a woman who later was diagnosed with cervical cancer is not entitled to summary judgment on his defense asserting the medical malpractice statute of limitations, the Indiana Supreme Court ruled.
A routine pap smear performed by Lisa David's doctor, Dr. William Kleckner, detected abnormalities. The pathologist recommended an endocervical and endometrial biopsy. Kleckner only performed the endometrial biopsy Feb. 27, 2009. Those results "came back clear," but in September 2009, Lisa David visited another doctor due to pain and discomfort. That doctor found a mass on her cervix. She was diagnosed with cancer, began treatment, but died March 25, 2011.
Sometime in February 2011, David's husband became suspicious as to why Kleckner did not find any evidence of cancer or a tumor and obtained her medical records. That's when he discovered Kleckner did not perform the endocervical biopsy. The wrongful death medical malpractice action was brought by Larry David July 1, 2011. The trial court granted summary judgment to Kleckner, who argued the complaint was barred by the statute of limitations.
The justices used their decision to clarify when a party may bring a medical malpractice action by examining caselaw on the matter.
"We conclude that neither Brinkman, Overton, nor Herron should be read to undermine the discovery opportunity element expressly recognized in Manley, Van Dusen and Booth. Thus, in determining whether a medical malpractice claim has been commenced within the medical malpractice statute of limitations, the discovery or trigger date is the point when a claimant either knows of the malpractice and resulting injury, or learns of facts that, in the exercise of reasonable diligence, should lead to the discovery of the malpractice and the resulting injury," Chief Justice Brent Dickson wrote.
Kleckner established that the action was filed by David more than two years after the date of the alleged malpractice, but David is able to show there is a disputed fact as to when his wife could have discovered whether Kleckner's failure to perform the endocervical biopsy caused or inhibited timely treatment.
"We find that it was not necessarily an unreasonable delay for this action to be commenced on July 1, 2011, and that the plaintiff may be found to have filed within a reasonable time if the trigger date occurred within the statutory window," Dickson wrote.
June 3
Civil Tort – Nursing Home/Wrongful Death
Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc.
A woman whose family learned her death in a nursing home followed an attack by another resident and was not the result of a fall as the family had been told may pursue a lawsuit against the facility, the Indiana Supreme Court ruled.
Justices reversed a trial court grant of summary judgment for the nursing home. Vernita Hargis lived at Good Samaritan Home in Evansville in November 2006 when a daughter received a call from a nurse saying that Hargis was ill after suffering a fall. Hargis was hospitalized later that day and died a few days later from the head injury she sustained.
A nurse told one of Hargis' daughters almost three years later that Hargis had been attacked by another resident. In December 2010, the family sued, and the nursing home was granted summary judgment in Vanderburgh Superior Court on its argument that the complaint was time-barred, and that even if fraudulent concealment occurred, that could not extend the statutory two-year filing period.
The Court of Appeals reversed and remanded, giving plaintiffs an opportunity to prove common-law fraud, but held that the Fraudulent Concealment statute could not apply because it was enacted after the Wrongful Death Act.
Though an issue of first impression, Justice Mark Massa wrote for the court, "Based upon our review of the historical and precedential records, we conclude that if a plaintiff makes the necessary factual showing, the Fraudulent Concealment Statute may apply to toll the Wrongful Death Act's two-year filing period. In so holding, we break very little new ground."
"Public policy considerations further bolster our conclusion. Were we to hold otherwise, we would be incentivizing fraud and thus thwarting the obvious purpose of the Fraudulent Concealment Statute," Massa wrote. "And our decision today is consistent with that of courts in other jurisdictions, which have routinely found fraud may toll a statutory filing period even when it is a condition precedent to the existence of the claim rather than a statute of limitation."
The opinion traces statutes, common law and caselaw dating back more than 200 years to find numerous examples tolling in similar Indiana cases. The opinion opens with the final opinion written by Indiana's fifth justice, Stephen C. Stevens – Raymond v. Simonson, an 1835 ruling – in which he laments "the labyrinth of difficulties, discriminations, technicalities and shades that have gathered around the statute of limitations."
In a footnote, Massa notes a biography of Stevens says after he resigned from the bench he returned to private practice. "(T)hirty-three years later, after losing his fortune in a bad railroad investment, he died destitute in the Indiana Hospital for the Insane."
Criminal – Sexual Misconduct with Minor/Prosecutorial Misconduct
Bruce Ryan v. State of Indiana
The Indiana Supreme Court ruled that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man's trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.
"We recognize only a single instance of prosecutorial misconduct, namely that the prosecutor improperly urged the jury to convict the defendant for reasons other than his own guilt. But we decline to conclude that the trial court erred by not correcting the prosecutor's misstatements," Chief Justice Brent Dickson wrote.
The justices found no prosecutorial misconduct when the prosecutor commented on Bruce Ryan's constitutional rights to a jury trial or on the truthfulness of the victim.
Ryan, an eight-grade science teacher, was charged with three counts of Class C felony sexual misconduct with a minor after he had a sexual relationship with a 15-year-old student. He was convicted on two counts, and on appeal, argued the convictions should be overturned due to remarks made by the deputy prosecutor during closing arguments.
The prosecutor alluded to "the bigger picture," mentioned other perpetrators such as a teacher or pastor, and then implored the jury to "send the message that we're not going to allow people to do this."
"This clearly invited the jury to convict this defendant for reasons other than his own guilt, therefore constituting improper conduct," Dickson wrote.
But Ryan's failure to contemporaneously object and enable the trial court to take correct action resulted in procedural default of his appellate claim. The high court found no fundamental error occurred, requiring reversal of his convictions.
"Without question, the characterization of defense counsel's line of argumentation as 'how guilty people walk' and a 'trick,' is inconsistent with the requirement that lawyers 'demonstrate respect for the legal system and those who serve it, including … other lawyers,'" Dickson wrote. "But the defendant has failed to establish that, under all of the circumstances, such improper comments placed him in a position of grave peril to which he would not have been subjected to otherwise."
"While we do not endorse the prosecutor's trial tactics in this case, we affirm the judgment of the trial court," Dickson wrote.
Justice Robert Rucker concurred in result without a separate opinion.
June 5
Post Conviction – Language Translation/Plea
Victor Ponce v. State of Indiana
A non-native English speaker was able to show the Indiana Supreme Court that, during his guilty plea hearing, he was not properly advised of the constitutional rights he was waiving by pleading guilty. The justices reversed the denial of his petition for post-conviction relief.
Victor Ponce agreed to plead guilty to one count of Class A felony delivery of cocaine within 1,000 feet of a school. He had an interpreter during his guilty plea hearing. She was uncertified because in 1999, at the time of his hearing, Indiana had not yet created the Court Interpreter Certification Program. Ponce told the court he understood and spoke a little English. He indicated he was able to understand the proceedings through his interpreter.
In 2011, he filed a petition for post-conviction relief, contending his plea was not entered knowingly, intelligently and voluntarily because the interpreter failed to accurately translate Ponce's Boykin rights. The post-conviction court denied the petition, which the Court of Appeals affirmed.
"Here there is no question that the trial court correctly articulated the specific rights enumerated in Boykin. The problem, however, is that those rights were inaccurately interpreted. Ponce may very well have understood exactly what the interpreter said but as the record shows what the interpreter said had little to do with what the trial court had actually advised," Justice Robert Rucker wrote. "Had the trial court uttered the words relayed to Ponce by the interpreter, we doubt that a court of review would hesitate to declare that Ponce had not been given his Boykin advisements. Thus, we are of the view that an advisement from the mouth of the court-appointed interpreter instead of that of the trial judge to be a distinction without a difference. In sum, we conclude that Ponce has demonstrated that his 1999 guilty plea hearing was not conducted in accordance with the mandates of Boykin," he continued.
And the justices found the state failed to show that the record, as a whole, nonetheless demonstrated that Ponce understood his constitutional rights and waived them. They remanded his case for further proceedings.
"To declare that a defendant with limited English proficiency who received an incorrect interpretation of the trial court's Boykin advisements should be equally culpable for his guilty plea as a defendant who is fluent in the English language and received an accurate and uninterrupted advisement directly from the trial court would work a great injustice not only on the LEP defendant, but on the integrity of our system as a whole," Rucker wrote.
Indiana Court of Appeals
May 28
Agency Action – Unemployment Benefits/Notice of Hearing
Melisa R. Digbie v. Review Board of the Indiana Department of Workforce Development and Eaglecare LLC
The Indiana Court of Appeals ordered a new evidentiary hearing on the merits of a woman's application for unemployment benefits after holding that the Department of Workforce Development didn't prove that it mailed notice of a hearing to the woman.
Melisa Digbie, who worked for Eaglecare LLC for six months, was receiving unemployment benefits when Eaglecare appealed to the DWD. The department scheduled a hearing before an administrative law judge Aug. 6, but neither Digbie nor her counsel appeared. The ALJ held that she was ineligible for unemployment benefits.
After learning she missed the hearing, Digbie appealed. Both parties appeared before a different ALJ on the issue of whether she could show good cause for not appearing at the meeting. That ALJ said she could not; Digbie appealed to the review board of the DWD, and it affirmed. The review board found that the evidence established a rebuttable presumption that the DWD had properly served Digbie notice of the hearing.
DWD failed to present any evidence to prove it mailed Dibgie notice of the Aug. 6 hearing, the COA pointed out. The DWD suggested that it was entitled to the rebuttable presumption of service because the notice of the Aug. 6 hearing was admitted into evidence by the first ALJ, so it was already part of the record when it was remanded to the second ALJ and did not require readmission.
"But the admission into evidence of the notice is not proof of mailing that notice," Judge Edward Najam wrote.
"[T]hat the notice itself purports to state the 'Mailing Date of this Document' is not proof that it was actually mailed. To hold otherwise would permit countless letters to be deemed delivered simply because the letters themselves are written to say so," Najam continued. "Moreover, satisfying this evidentiary burden is hardly difficult. For example, the agency need only offer testimony that the notice was mailed or produce evidence of a contemporaneous notation in the claimant's file, similar to a CCS entry, that the notice was placed in the mail on a specific date."
Because the DWD didn't present evidence it mailed the notice, it was not entitled to the rebuttable presumption Digbie received notice of the Aug. 6 hearing, the court held.
Criminal – Batson Challenge
Tyrece Robertson v. State of Indiana
A Marion County trial court erred when it overruled a man's Batson challenge contesting the state's use of a peremptory challenge to strike an African-American juror, the Indiana Court of Appeals held. The appeals court overturned Tyrece Robertson's convictions and ordered a new trial.
Robertson was charged with Class D felony attempted residential entry and Class B misdemeanor criminal mischief after allegedly trying to break into an apartment. During jury selection at his trial, the state used peremptory strikes to remove several potential jurors from the venier, including juror Lisenbee, who is African-American. Robertson raised a Batson challenge, which was overruled. Robertson was found guilty as charged.
"Both parties acknowledge that, in this case, neither Robertson nor the State had an opportunity to conduct voir dire of the other African-American member of the venire. Because the trial court did not move to the second step in the Batson analysis — requiring the State to present a facially race-neutral reason for using a peremptory strike — the court did not conclude that Robertson had established a prima facie case of discrimination," Judge L. Mark Bailey wrote. "Yet, as Robertson points out, the only African-American juror that was subject to voir dire — Venireperson Lisenbee — was stricken from the jury. Thus, for all intents and purposes, the State used its peremptory challenges to strike the only African-American member of the venire."
As such, Robertson's rights under the 14th Amendment to the U.S. Constitution were violated, the judges ruled, so he should be retried.
May 30
Civil Tort – Multidistrict Litigation
Depuy Orthopaedics Inc. and Johnson & Johnson v. Travis Brown, et al.
Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled.
The panel reversed denial of a motion to dismiss filed by the device makers, and remanded to Marion Superior Judge John Hanley with instructions to grant dismissal.
The case centers on the ASR XL Acetabular System prosthetic hip implant that was sold and distributed by Warsaw-based Depuy Orthopaedics from 2005 to 2010 and later recalled. Eighteen people who received the implant in surgeries in Virginia and one in Mississippi filed this case in 2012.
Judge Rudy R. Pyle III wrote for the panel that the devices are the subject of multi-district litigation in federal courts, and that the plaintiffs can file elsewhere, but that the trial court erred in denying dismissal on the basis of forum non conveniens governed by Indiana Trial Rule 4.4(C).
Pyle wrote that a conflict-of-laws analysis and Trial Rule 4.4(C)(3) require the case to be heard where the hip replacements were implanted.
"(W)e see no evidence in the record that Virginia or Mississippi are inadequate forums. In fact, during oral argument, the plaintiffs' desire for trial in Indiana focused on securing an earlier trial date rather than any deprivation of their rights if trial took place elsewhere. There has been no showing by the plaintiffs that trial in their home forum will deprive them of any remedy or subject them to unfair treatment," Pyle wrote.
"We reverse and remand to the trial court for issuance of the appropriate order dismissing this case for refiling in Virginia or Mississippi," he wrote.
June 2
Criminal – Child Molestation/Prosecutorial Misconduct
Brandon Brummett v. State of Indiana
A man's child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It's the second reversal and remand attributable to the same prosecutor, the court noted.
Brandon Brummett was 23 when he was convicted of molesting two cousins who were 16 and 12 years old at the time of the alleged incidents, some of which took place in West Virginia, where the girls' father – Brummett's uncle – was imprisoned. The girls' mother encouraged them to spend time with relatives on their father's side, the opinions states.
Brummett was arrested after one of the girls told a friend that he had molested her, and that friend and the girl told the girl's mother.
Judge John Baker wrote that a Marion County prosecutor was belligerent toward Brummett as he testified on the stand, that the prosecutor offered improper vouching and commentary on the justness of the cause, and that the prosecutor impugned the integrity of defense counsel and demeaned its role.
Brummett preserved none of the issues for appeal, but he succeeded in proving both prosecutorial misconduct and fundamental error, Baker wrote.
"The cumulative effect of this misconduct amounted to fundamental error, as it placed the defendant in grave peril and made a fair trial impossible. Consequently, the defendant is entitled to a new trial," Baker wrote.
Reversing the conviction on those grounds, the panel waded into Brummett's other objections regarding the evidence against him. He objected to the admission of evidence of uncharged acts and also asked the court to find the testimony of one of the girls incredibly dubious. She alleged he fondled her vagina as the family played a game at a table during a visit to West Virginia.
"While we agree with Brummett that (the) testimony might stretch the limits of credulity, this is not the test for incredible dubiosity. K.A.'s testimony does not run so counter to human experience that no reasonable person could believe it," Baker wrote. "Therefore, this Court will not invade the province of the jury by reweighing the evidence. Thus, this argument must fail."
While evidence of an uncharged act was improperly admitted it didn't rise to fundamental error. In offering guidance for retrial, the court noted that because Brummett didn't object contemporaneously to the admission of evidence regarding alleged uncharged out-of-state incidents, there was no fundamental error, though the evidence may have been improperly admitted.
"We note that the circumstances in this case in regard to prosecutorial misconduct are similar to those in Ryan v. State. 992 N.E.2d 776 (Ind. Ct. App. 2013), trans. granted. The prosecutor in this case also prosecuted the defendant in Ryan," the panel observed in a footnote.
In that case, similar prosecutorial misconduct resulted in reversal and remand for new trial on Bruce Ryan's convictions of two counts of Class C felony sexual misconduct with a minor. Justices granted transfer in that case last November, and ruled in early June that while one instance of prosecutorial misconduct did occur, the effect of this misconduct did not make a fair trial for the defendant impossible.
June 4
Civil Plenary – Insurance/First Impression
Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc.
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
George Kopetsky and Durabuilders, now KB Home Indiana Inc., entered into an agreement in 1998 where KB Home would purchase lots in a housing development being developed by Kopetsky. He indicated in the agreement that he was unaware of any contamination in Cedar Park at the time. KB Home became aware that some of the lots it had purchased contained contaminants from a nearby business and filed its lawsuit in 2007 against Kopetsky and those responsible for the contamination.
KB Home alleged that Kopetsky knew in 2002 some of the lots were contaminated but waited until 2004 to tell KB home of the problem. KB purchased more than 60 lots during that time.
Kopetsky's commercial general liability insurance carrier, Indiana Insurance Co., in 2009 sought a declaration that it had no duty to defend or indemnify him in the lawsuit. The trial court ruled against the insurance company. His wife, Patricia, was substituted as a party after Kopetsky passed away in 2010.
The case brings up an issue of first impression. The policies preclude coverage for bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of the liability in a contract or agreement. The judges agreed with Kopetsky that while he may be held liable for entering into the agreement and breaching it, this is not the same thing as assuming liability pursuant to it.
"Although our research has uncovered no Indiana case precisely on point, today we explicitly endorse the proposition that 'assumed' liability is liability originally incurred by a third party but then taken on by another," Judge Cale Bradford wrote. "Today we join those jurisdictions who have held that contractual liability exclusions in CGL policies bar coverage not for liability incurred by a contract breach but, rather, for liability assumed from a third party, which seems to be the majority position by a wide margin."
The judges held that KB Home successfully alleged "property damage" caused by an "occurrence" pursuant to the policies, and that the policies' "expected and intended" and "contractual liability" exclusions do not work to bar coverage. But the designated evidence generates a question of fact as to whether the known loss doctrine would bar coverage. There is evidence showing that Kopetsky was aware of the contamination in Cedar Park before the effective dates of the first of his policies with Indiana Insurance.
June 5
Criminal – Illegal Sentencing Limitation
Larry D. Russell, Jr. v. State of Indiana
The Indiana Court of Appeals reversed a man's 10-year sentence resulting from a guilty plea for abusing his adopted teenaged children, holding that the sentence was based on an incorrect application of I.C. 35-50-1-2.
Larry Russell faced multiple felony charges for the severe neglect and abuse of his children over the course of three months, but agreed to plead guilty to five counts of neglect of a dependent as Class C felonies and two counts of Class C felony criminal confinement in exchange for the dismissal of the four remaining counts.
The plea agreement left sentencing up to the judge, but capped it at 10 years pursuant to I.C. 35-50-1-2(c). The judge, bound by the agreement, limited his sentence to 10 years, although based on the sentencing statement, would have handed down a longer sentence.
The Court of Appeals reversed his sentence because it was based on an erroneous application of the statute. His offenses do not constitute an "episode" subject to the limitations imposed by that statute. Based on these facts, the sentence imposed contravened the statute and is an illegal sentence, Judge Edward Najam wrote.
"Here, the parties attempt to treat the ten-year sentence as severable. But sentencing is a material element of every plea agreement, and we cannot say either that Russell would have pleaded guilty under the plea agreement without the ten-year cap on his sentence or that the State would have agreed to the terms of the plea agreement without its erroneous understanding of Indiana Code Section 35-50-1-2," he continued. And the sentencing statement indicates that, but for the statutory limitation, the trial court would have sentenced Russell to 24 years executed.
"While we acknowledge the local prosecutor's discretion in such matters, there is no question that this case is exactly the type of case that the State should be expending its time and resources prosecuting. And we cannot sanction an illegal sentence. While we respect the consideration that the victims should be spared the burden of testifying at trial, this concern does not justify enforcement of an illegal agreement," Najam wrote.
The judges remanded to the trial court for Russell to have the option to proceed with the current plea agreement without the illegal sentencing limitation. If he goes that route, the judges noted he would face a possible maximum sentence of 56 years. If Russell doesn't exercise that option within 30 days after this decision was been certified, then the plea agreement shall be vacated.
June 10
Civil Plenary – Student Transportation/Ride for Fee
Lora Hoagland v. Franklin Township Community School Corporation
The Indiana Court of Appeals ruled that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.
After the property tax caps went into effect in 2010, schools across the state had to find ways to cut costs. Franklin Township Community School Corporation voted to eliminate student transportation for the 2011-2012 school year, and it later contracted with Central Indiana Educational Service Center to provide transportation services to and from school for a fee. The township decided to continue with the pay-to-ride plan even after Indiana Attorney General Greg Zoeller issued two official opinions on the matter. Zoeller found, based on Nagy v. Evansville-Vanderburgh School Corp., 844 N.E.2d 481 (Ind. 2006), the plan violated Article 8, Section 1 of the Indiana Constitution.
Two parents filed a class-action lawsuit, after which the school board voted to resume busing its students to and from school at no charge. The trial court granted summary judgment for Franklin Township, holding that the Indiana Tort Claims Act barred the plaintiff parents' claims, that the plaintiffs weren't entitled to monetary damages and the school corporation did not violate the state constitution by ending busing to and from school.
"Applying Nagy to the facts of this case, we conclude that Franklin Township acted unconstitutionally. Our legislature has determined that school corporations 'may' transport their students to and from school. Thus, pursuant to Nagy, the legislature has determined that transportation to and from school qualifies as a part of a uniform system of public education," Chief Judge Nancy Vaidik wrote.
The judges determined Lora Hoagland is entitled to declaratory judgment to that effect and remanded with instructions. The judges also concluded that the ITCA does not apply to Hoagland's state constitutional claim – an issue of first impression in state courts. "Hoagland's claim sounds in Indiana's Education Clause, not tort law," they held.
The Court of Appeals affirmed that Hoagland may not seek monetary damages as there is no express or implied right to do so under the Indiana Constitution.•


text:
Use very sharp knives
|With the CNC cut parts you will not need to
cut much. But this depron is very strange material. It will make your bladed
dull after some cuts. So refresh you blades many times.
|Hold back on CA (and use PU-glue)
|Each drop of CA that you will use on your
plane will add weight. Take the test:
Weight the bottle of CA before you start building and when you are ready. The weight difference is added to your plane !!
My personal best experience is to use the 10 min belizel glue (green-tubes/black-point).
This glue will foam-up slightly and will fill gaps. Also it is not as hard as CA.
But the best is: You will not add much weight.
|to be continued


text:
Étienne Balibar
From The Art and Popular Culture Encyclopedia
Related e
Étienne Balibar (born April 23, 1942 in Avallon, Yonne, Bourgogne) is a French Marxist philosopher. After the death of his teacher Louis Althusser, Balibar quickly became the leading exponent of French Marxist philosophy.
Unless indicated otherwise, the text in this article is either based on Wikipedia article "Étienne Balibar" or another language Wikipedia page thereof used under the terms of the GNU Free Documentation License; or on original research by Jahsonic and friends. See Art and Popular Culture's copyright notice.


text:
More people are refugees or internally displaced than at any time since 1994, with the crisis in Syria having emerged as a major new factor in global displacement.
UNHCR's annual Global Trends report, released on Wednesday, covers displacement that occurred during 2012 based on data from governments, NGO partners, and the UN refugee agency itself. The report shows that as of the end of 2012, more than 45.2 million people were in situations of displacement compared to 42.5 million at the end of 2011.
This includes 15.4 million refugees, 937,000 asylum seekers, and 28.8 million people forced to flee within the borders of their own countries. The report does not include the rise in those forced from their homes in Syria during the current year.
War remains the dominant cause. A full 55 percent of all refugees listed in UNHCR's report come from just five war-affected countries: Afghanistan, Somalia, Iraq, Syria and Sudan. The report also charts major new displacement from Mali, in the Democratic Republic of the Congo, and from Sudan into South Sudan and Ethiopia.
"These truly are alarming numbers. They reflect individual suffering on a huge scale and they reflect the difficulties of the international community in preventing conflicts and promoting timely solutions for them," said António Guterres, UN High Commissioner for Refugees and head of UNHCR.
The report highlights worrisome trends, including the rate at which people are being forced into situations of displacement. During 2012 some 7.6 million people became newly displaced, 1.1 million as refugees and 6.5 million as internally displaced people. This translates to a new refugee or internally displaced person every 4.1 seconds.
Also evident is a continuing gap between richer and poorer countries in hosting refugees. Of 10.5 million refugees under UNHCR's mandate — a further 4.9 million Palestinian refugees fall under the mandate of its sister-agency, the UN Relief and Works Agency), half are hosted by countries that have a per capita GDP of less than US$5,000. In all, developing countries host 81 percent of the world's refugees compared to 70 percent a decade ago.
Children below age 18 make up 46 percent of all refugees. In addition, a record 21,300 asylum applications submitted during 2012 were from children who were unaccompanied or separated from their parents. This is the highest number of unaccompanied or separated children that UNHCR has recorded.
Global displacement for any year is the sum of new displacement, existing unresolved displacement, and subtracting resolved displacement such as people returning home or being allowed to settle permanently outside their home country through citizenship or some other solution.
UNHCR works to help people who are forcibly displaced, including through aid and immediate practical help, and by finding solutions to their plight. The year 2012 saw an end to displacement for 2.7 million people, including 526,000 refugees and 2.1 million internally displaced people. Among those for whom solutions were found are 74,800 people submitted by UNHCR for resettlement in third countries.
Last year saw little change from 2011 in the rankings of the world's major refugee hosting countries. Pakistan continued to host more refugees than any other nation (1.6 million), followed by Iran (868,200) and Germany (589,700).
Afghanistan remained the world's top producer of refugees, a position it has held for 32 years. On average, one out of every four refugees worldwide is Afghan, with 95 percent located in Pakistan or Iran. Somalia, another protracted conflict, was the world's second largest refugee-producing nation during 2012, however there the rate of refugee outflow slowed. Iraqis were the third largest refugee group (746,700 persons), followed by Syrians (471,400).
With people displaced inside their own countries, the figure of 28.8 million for 2012 is the highest level in more than two decades. This includes 17.7 million who are being helped by the UN refugee agency. UNHCR assistance to IDPs is not automatic but occurs at the request of governments. Significant new internal displacement was seen in the Democratic Republic of Congo and Syria.
Assembly President Jean-Claude Mignon has marked World Refugee Day by expressing his concern at the "humanitarian disaster" in Syria.
"The drastic situation of the Syrian refugees is constantly worsening and has reached an unprecedented level of suffering," the President of the Parliamentary Assembly declared. " A million and a half Syrians have fled their country – it is an outright humanitarian disaster!
"Failing a political agreement to resolve a situation which has lasted far too long, the humanitarian crisis is stalemated and will only make the trauma more severe and profound for the refugees.
"Certain groups of refugees are naturally more vulnerable than others. Over half a million children, uprooted, disoriented, their schooling broken off, sometimes separated from their families, are paying the heaviest price for the conflict.
"Very often they flee with only their mothers, aunts or grandmothers who are themselves a vulnerable group, especially in the event of pregnancy.
"The immensely generous humanitarian aid provided by the states adjacent to Syria and by international organisations such as the Office of the United Nations High Commissioner for Refugees (UNHCR) is reaching its limits and running out. They must be given more resources and support to enable them to continue carrying out their mission effectively."
Mignon's call to European governments to show greater solidarity with the plight of refugees is echoed by Olivier Beer, the Strasbourg-based UNHCR Representative to the European Institutions.
In an interview, the United Nations refugee agency official describes the scale of the humanitarian situation in Syria as "dramatic and worrying."
He adds: "At the end of last year, there was 470,000 Syrian refugees outside Syria. Today, we are talking about 1.6 million refugees with almost half a million in Lebanon and Jordan. We feel that we will have maybe 3 million at the year's end."


text:
On May 12, 2012, Takeshi Kitano, Japanese filmmaker and comedian, made fun of President Obama's support for gay marriage in a Japanese TV news show called '7 days Newscaster' and said that if same-sex marriage is OK, then the marriage between human and animal is also OK.
In this TV program, after the report of President Barack Obama's declaration of support for same-sex marriage, Takeshi Kitano said, "Mr. Obama seems to support same-sex marriage. This means he will support the marriage with an animal at the end, doesn't it?"
A Japanese actress Eri Watanabe, who also appeared as a commentator in this program, said to Takeshi Kitano, "What are you saying? Why do you say such a thing? I hope the same-sex marriage will be legal as well in Japan some day. Same-sex couples might be able to adopt and raise child. If such nice couples increase, I think it's a good thing."
Takeshi Kitano answered, "In Egypt blood brothers and sisters can get married."
Ms Watanabe said, "Brothers and sisters!? That… that is…"
Takeshi Kitano continued, "But let's think about a gay couple who adopt a child. If two married men raise a child, how will the child be raised? Whay do you think about it?"
The program's anchorwoman Ms Mikumo said, "If they cherish the child, then…"
Ms Watanabe continued, "The child can be properly raised. Decently."
Takeshi Kitano said, "However, the child will be bullied by saying, your mother is a father."
Ms Watanabe answered, "To avoid such a thing, we should continue make efforts, don't we? If the couple love child, what makes difference between gay couple and hetero couple?"
Takeshi Kitano said with a laugh, "If both hetero-sex marriage and same-sex marriage are OK, then you can marry an animal, don't you?"
Ms Watanabe said, "Why do you talk in such a way? Am I stupid because I listen to you seriously? Don't I have to be serious? Are you joking, Takeshi?"
This is an actual dialogue between Takeshi Kitano and a Japanese actress Eri Watanabe regarding President Obama's support for same-sex marriage.
I know Takeshi Kitano is respected as a great filmmaker around the world. But you might have to rethink about it. He not only thinks the same-sex marriage should not be legal but also think it's an inhuman act. He says once people step into the world which supports same-sex marriage, that means the world supports marriage with an animal as well.
In addition, Takeshi Kitano confirms that same-sex couple can't raise a child properly even with decent affection. If we don't call his way of thinking an obvious 'discrimination' against gay and lesbian couples, what definition can we give to the word 'discrimination'?
As a Japanese, I've been proud of Takeshi Kitano because his movies are highly evaluated around the world. But from today I have to be ashamed of his existence itself because his discrimination wrongly let the world think Japanese society is desperately backward.
Takeshi Kitano Said If You Support Same-sex Marriage, You Will Support Marriage With Animal at The End
On May 12, 2012, Takeshi Kitano, Japanese filmmaker and comedian, made fun of President Obama's support for gay marriage in a Japanese TV news show called '7 days Newscaster' and said that if same-sex marriage is OK, then the marriage between human and animal is also OK.


text:
contrapunctum:A colloquialism for the vagina in use from the 17 th to the 19 th century. See vagina for synonyms.
Etymology: Coined by Sir Thomas Urquhart (1611-60) for his translation of the works of François Rabelais (1490-1551); strictly speaking, a contrapunctum is a counterpoint, the opposite of the point , the point being a penis .
See Also: contrapunctum
Link to this page:
Word Browser
- consenting adult
- consolateur
- consort
- consort with
- constable
- constitution
- constrictions
- consult Dr. Jerkoff
- consultation with the Third World
- consummate a marriage


text:
ICU uses a learning management system (LMS) called Moodle to support learning and complement classes. Moodle is a convenient tool that allows instructors to upload course material. Moodle can also be used for submitting and returning assignments.
Moodle can be accessed anytime and anywhere as long as you have Internet access.
At the CTL, we organize regular workshops and consultation sessions about Moodle. We are also able to respond to individual inquiries. If you have any questions regarding Moodle, please feel free to visit the CTL Office.
*Note: The ID/password for logging in to Moodle is the same as the ID/password that you use to log in to ICU Portal, icuMAP, and your email account. (Do not include @icu.ac.jp when logging in to Moodle.)
The following page provides further information on how to edit the Moodle page for your course.
How to use Moodle2.7
Activities, Resources
Useful Links
Open: Weekday 9:00-12:00, 13:00-16:00 (Lunch Time 12:00-13:00)
Location :Othmer Library 1F
E-mail : email@example.com
Report Abuse|Powered By Google Sites


text:
There will be a link to reset your password in that case. Click that and follow the instructions given there.
An email will be sent at your email address, Follow the instructions given there.
FYI, sometimes we see the email is not found in the Inbox. Please look in the Spam and other folders also in that case.
If you don't receive the email at all, please contact CPTU Help Desk immediately.
There is a link for "Forgot Password?". Click that and follow the instructions given there.
An email will be sent at your email address, Follow the instructions given there.
FYI, sometimes we see the email is not found in the Inbox. Please look in the Spam and other folders also in that case.
If you don't receive the email at all, please contact CPTU Help Desk immediately.
The e-GP System is developed as a web portal, from where and through which procuring agencies and entities will perform their procurement related activities, i.e. to publish Annual Procurement Plans, Invitation for Tender (IFT), Request for Proposal (RFP), Request for Quotation (RFQ), Tender/Application/Proposals preparation, submission, Opening, Evaluation, Contract Award Notices, Contract management, Payments, performance monitoring through Procurement Management Information System with Key Procurement Performance Indicators, and other procurement related information as required by the PPA 2006 and PPR, 2008 along with subsequent amendments, using a dedicated secure web based dashboard.
Dashboard is an interactive user interface for each users in e-GP System that organizes and presents information and links to the different relevant to role and authority, functions of e-GP system into a unified display in a way that is easy to access, track and transact.
The e-GP System shall support the following user categories for stakeholders/actors initially, and provides them the secured access to related functionalities of the e-GP system through dashboards:
To participate in e-Tendering published on e-GP system, the tenderers/consulting firms/individual consultants/Govt. owned enterprises need to go through a registration process. Only after the successful registration process, a tenderer gets access to e-GP System Dashboard and e-GP functions for participating in e-Tendering. Any fee stipulated in the tender document by Procuring Entities should be paid through scheduled member banks.
Registration shall be done through a registration process starting from the online registration page of the e-GP System followed by post verification if CPTU considers it necessary. The intended user must provide all required scanned /digital document/information, including Bank payment slip, and accept the terms and conditions of e-GP system use; and should be aware of the disclaimer and privacy policy of the e-GP System. The mandatory documents to be uploaded at the time of providing information are as follows:
A(1). For Tenderers/Consulting firm (National):
A(2). For Tenderer/Consulting Firm (International):
B. For Govt. owned enterprises (National):
C(1). For Individual Consultant (National):
C(2). For Individual Consultant (International):
D. Media (National):
E. Media (International):
As decided by the Government, users may be charged and/or waived specified amount of money for different categories of use including Registration (Currently Tk. 5000.00 for registration and Tk. 2000.00 for annual renewal), For International Tenderers and Consultants, registration fee is USD $100 (US Dollars One Hundred Only) and annual renewal fee is USD $30 (US Dollars Thirty Only) transaction, periodic renewal, additional storage space, facilities to use specific features/modules of the e-GP system and different services from the operation, maintenance and management entity. CPTU/IMED, M/O Planning shall have the rights to set reasonable charges or waiver to promote the use of the e-GP System and sustainability of the System in long run.
Scheduled Financial institutions/Banks authorized by the Bangladesh Bank are allowed to register for collecting fees and conducting financial transactions for e-GP. Scheduled banks and other payment service providers get secured access to the e-GP system with their own dedicated and secured Dashboard.
Tender submitted by the tenderer will be stored in e-GP database in encrypted form. Only the tender opening committee can get access to tender documents and identification of tenderers only after the expiry of final deadline for tender submission. Before the deadline opening committee members/ procuring entity/ e-GP administrator or tenderers or any other user will not get to know the identity of the participating tenderers and the content of the submitted tenders.
Tenderers should go to Bank and make the payment using Cash/Pay Order/Account to Account Transfer. After the transaction with the bank, bank should update the e-GP System, the same way renewal is done. Registration fee has been set by the government Tk. 5000.00 and Tk. 2000.00 for annual renewal. Bank may take service charge from the tenderer as per their Bank guidelines.
Tenderer should prepare TS and PS through e-GP payment network member bank either in the form of Cash/Demand draft/Pay order/Bank advice or Bank guarantees. Then the bank should update the e-GP System with transaction details.
Tenderers can download the tender document from the e-GP System uploaded by the Procuring Entity. Before downloading, the tenderers must pay fees determined the PE (if applicable) for the document through e-GP member bank network. Fees may be paid through cash/Demand draft/Pay order/Bank instruction and the bank will update the e-GP System. Tender document download link will be enabled only after Bank updates the e-GP System about the fees paid by the tenderers.
All types of users at the first instance (except general website visitor) use their e-mail ID as user name and provide the secret password. This password will be converted into irreversible Hash value (combination of alphabet and numbers generated through mathematical formula). Password will not be stored in the e-GP database, only the Hash value will be stored. As the Hash value is irreversible, password cannot be regenerated from stored Hash value. In case of uploading and submitting documents to e-GP System, each of the documents will be encrypted by the Hash value as equivalent as putting the signature of the user.
Responses/clarifications of the queries relating to the tender should be posted by tenderers via e-GP online channel through Dashboard before or during pre-tender meeting. Queries posted via Fax/Post/Email will not be entertained. Pre-tender meeting will be held online and clarification to the queries of the tenderers and also responses will be shared through e-mail, and also Dashboard inbox of the tenderers who purchased the documents for specific tender. Name of the tenderers who participated in the electronic pre-tender meeting will not be shared with other tenderers by the e-GP system and procuring entities.
Opening committee members log into the e-GP System ONLY after the expiry of the deadline of the final submission of tenders. Then e-GP System will automatically generate opening sheet in approved tabular format detailing the name, address, contact details, quoted price (including if any applicable discounts), currency and information about tender withdrawals, substitution and modification, if any. Participating tenderers may physically present or remain online during the opening time. Opening committee forward the Tender opening Sheet (TOS) with their comments, if any to the PE and the TOS will be shared with the participating Tenderers through e-GP System. If any Tenderers logs into the e-GP System at the time of tender opening, Tenderers online status will be treated as his presence in the tender opening meeting.
Evaluation Committee members get access to e-GP system and tenders, only at the specific time period configured /set by the PE. The e-GP system automatically generates the comparison matrix of all the tenders based on their quoted price & evaluation criteria for the reference to the evaluation Committee. Evaluation Committee prepares evaluation report with all necessary information, comparative charts & their comments & recommendations and forwards the compiled evaluation report electronically to the appropriate authority through the work flow set in the e-GP system for that particular tender.
Verification of documents through Off-line as a part of post-qualification is obligatory.
Tender Evaluation will have to be configured as "Team" by the Chairperson.
The approval workflow for the Tender Document will be:
1. Initiated by: PE (SPM)
2. Reviewed by: Project Director (HEQEP)
3. Approved by: PE (SPM)
At least 2/3 of the time for which the Tender will be alive will have to be given for the Pre-Tender Meeting.
For example, if the Tender is kept alive to 21 days, the Pre-Tender Meeting will be on for at least 14 days starting from the next day of the Tender Publication
TOC shall be formed comprising 2 members
Suggested formation of TOC:
1. SPM/DSPM-Chairperson
2. DSPM/SPMT –Member secretary
The approval workflow for the TOC will be:
1. Initiated by: PE (SPM)
2. Reviewed by: Director (Planning & Development)
3. Approved by: HOPE (Vice Chancellor)
TEC shall be formed comprising maximum 3 members and among them 2 must be from PE
Suggested formation of TEC:
1.SPM- Chairperson
2. DSPM- Member Secretary
3. SPM/DSPM of other SPM with in university or procurement object matter knowledge able person -Member
The approval workflow for the TEC will be:
1. Initiated by: PE (SPM)
2. Reviewed by: Director (Planning & Development)
3. Approved by: HOPE (Vice Chancellor)
For all procurements under the Sub Projects of HEQEP:
For Goods: e-PG3 will have to be used
For Words: e-PW3 will have to be used
The approval workflow for an APP will be:
1. Initiated by: PE (SPM)
2. Reviewed by: Director (Planning & Development)
3. Approved by: HOPE (Vice Chancellor)
**Important: Every single Sub Project's Specification will have to be approved by the HEQEP office prior to creating that APP/Package in e-GP portal.
An APP can be created by "Create APP" under the "APP" Tab at the Top.
One can add a package to an existing APP by "Add New Package" after going inside any specific APP.
The PE may choose either to add a new package to an existing APP or create a new APP every time he initiates a procurement.
Copyright © 2015 HEQEP. All rights reserved
Designed & Developed By Dohatec New Media


text: Bed Bugs are considered to be some of the nastiest creatures you could bring into your home. The fear is that they are next to impossible to get rid of. The truth is that it's mostly psychological damage that are done by Bed Bugs. The perception is that these pests are feeding on us while we sleep and giving us … Read More


text:
Create a name and identity for mobile fresh pastry outposts.
We came to the idea that the children's counting rhyme perfectly suited the brand selling the pastry, and our art director and designers created a remarkable and vivid identity. Now, Pat-a-cake stalls near each subway station attract people not only with smell of fresh baked pastry but also with a funny and well-to-remember logo.


text:
Hearst Sells SOMA Development
Hearst agrees to sell off both its approved site for an office high rise and large residential development to its partner Forest City.
Plans have been in the works for nearly a decade and hopefully with this change in ownership San Francisco will see new developments rise on the 5th and Mission Streets.
Photograph by Forest City


text:
About Frank
Latest News
Press Releases
Current Newsletter
Archived Newsletters
Press Photos
Letter to Gaming Control Board-Sports Betting
Photo Gallery
Rep for a Day 2017
Senior Expo 2018
District Links
State Forms
State Information
Government Links
Military License Plates
Honoring Our Veterans Plate
Military License Plates
Teacher's Resource Guide
PA 9/11 Memorial
PHEAA - State Grant Information
Unclaimed Property Database
Contact Information
District Offices
370 East Maple Avenue
Suite 203
Langhorne, PA 19047
(215) 752-6750
Monday through Friday, 9 a.m. to 5 p.m.
Lower Southampton Township Complex
1500 Desire Avenue
Feasterville, PA 19053
Phone: (215) 942-4067
Monday through Thursday, Noon to 4:30 p.m. and by appointment
Capitol Office
153-B East Wing
PO Box 202142
Harrisburg, PA 17120-2142
(717) 260-6140
Farry Announces 2017-18 Committee Assignments
Bucks County lawmaker retains seats on key legislative panels
HARRISBURG – Following House committee appointments for the 2017-18 legislative session, Rep. Frank Farry (R-Bucks) announced he has retained his seats on the House Consumer Affairs, Health, Local Government, and Veterans Affairs and Emergency Preparedness committees.
The committees provide legislative oversight and help shape the language in bills that fall under their areas of responsibility.
"As an active member of these committees, I am able to stay connected to the issues important to the residents of Bucks County and the Commonwealth," Farry said.
Responsibilities of the committees on which Farry will serve are as follows:
• The
Consumer Affairs Committee
reviews all legislation that protects the buyer, such as the Credit Card Information Act, Pennsylvania Automobile Lemon Law, and Unfair Trade Practices and Consumer Protection Law.
• The
Health Committee
works on health-related issues and legislation, ranging from teenage pregnancy and nursing home licensing to intellectual disabilities and organ donation.
• The
Local Government Committee
considers bills dealing with the municipal codes by which local governments operate.
• The
Veterans Affairs and Emergency Preparedness Committee
oversees legislation concerning the Pennsylvania National Guard, disaster relief, 9-1-1 emergency dispatch services and state veterans benefits.
Farry noted he is particularly pleased to have retained his seat on the Veterans Affairs and Emergency Preparedness Committee, where he will be working with a newly formed commission dedicated to helping Pennsylvania's first responders address key issues such as recruitment and retention.
"Rep. Farry has been a very productive member of this committee since 2009, and the experience that he brings as a fire chief has been a very valuable resource for me and the committee, as we work to ensure the public safety of our citizenry, and oversee issues that benefit our veterans, military personnel, emergency responders and their families," said House Veterans Affairs and Emergency Preparedness Committee Chairman Stephen E. Barrar (R-Chester/Delaware).
In addition to his committee assignments, Farry was renamed a deputy House majority whip for the 2017-18 session. Deputy whips are responsible for assisting with member head counts and helping to promote certain tough issues facing the House Republican Caucus. They also keep the majority whip informed of any issues members may have that could have an effect on the legislative agenda and on the caucus as a whole.
For more information about Farry's legislative priorities, visit
Representative Frank Farry
142nd District
Pennsylvania House of Representatives
Media Contact: Abbey Haslam
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Workfare workers are employees of the Crown?
A new blow for the Government with its Work Programme, Community Action Programme, Mandatory Work Activity and Work Experience schemes as it has been suggested that the jobseekers being placed on mandatory placements through statutory legislation are in effect Crown employees.
Regardless of being assigned to the premises of an company (we prefer not to say employer in such context) or the street:-
- there is no employment contract expressly written, verbal or implied between the worker and the company;
- no payment in cash or in kind from said company;
- jobseekers on the employment programme schemes are statistically employed; and
- such appointment is exercised through statutory instrument (of an Act of Parliament)
Thus these workfare workers are employees of the Crown, an employee of the State and a public sector worker (regardless if you are operating in a private sector environment) – this is what workfare is all about, working for your benefits.
So, when you are about to start a 6 month stint at Poundland or Tescos stacking shelves with threats to your benefits, make sure you:-
- Register with UNISON (public sector trade union) for around 81p per week
- Serve notice on the workfare general (the company you are based at) to alert them of your union membership status
- Remain active within the union in particular about your working conditions
27 Responses
Don't think I'll be giving any money to Unison whilst they fund a Labour party that supports workfare. We need our own union.
I'm personally a little sceptical about joining any club, be it a union or otherwise.
Will they represent the average joe public alleged 'scrounger' when they are exploited for whatever period the dwp lets the provider deem a suitable punitive measure? In theory, but what about the practice?
It's almost too big an issue. Join the union, they can see that this is one big scam, right? And they'll throw everything they've got at it for the few (yes, few) who stumped up a few quid? Maybe? And maybe I'm seeing this all wrong. They just speak up, raise awareness a little. Make noises? Are they what they used to be?
I must take time to study. I've never had a direct enough experience of unions to really make any bold claims about such. This is simply my somewhat currently naive thoughts.
A union can represent its members and have a knock on effect for the rest if they indeed can make much of a positive difference in todays rather bizarre climate. All the unions have probably had their true powers corrupted by corrupt power, they're probably told where their line is. Cynical perhaps? Truly hope so!
Just my own instincts tell me it's a nice idea, maybe worth it? But at the end of the day my unemployment and the issues it may cause me, really has to be dealt with by me! Me, at the sharp end. On this side of the desk, having to duel with language with whoever is on that side of the desk. Having to watch every damn (and potentially damning!) word that may spill forth from my gob.
Having to put up with all the bullshit, just to survive. And that's when you aren't doing anything wrong! An actual genuine claimant, doing ones best, but just doesn't like being treated like shit. Gosh, really? Yeah! Really.
For the right wing readers… Yes, that's simply our issue. Simply! If only!
My f**king mantra is going to be 'there are no f**king jobs!'
Of course, one will leave out the swearing. However tempting.
And before they even utter 'There are plenty of jobs out there and I simply must be doing something wrong', obviously because I am deemed as thick as shit by some moron adviser, I will swiftly add to 'there are no jobs' a rather honest and plausible 'that are suitable for me'. My f**king terms!
Crown employee or state slave?
I don't care. I'm me. Doing what's right.
But unless you are a stubborn b*stard who doesn't take sh*t then stay calm, do your best.
I cannot really afford 81p a day, nor 50p for the other union.
Or did I imagine the other one?
Take care people. Just 'aving a late night ramble.
The latest major threat to Trade Unions is the tory-led TURC campaign.
It means Trade Union Reform Campaign – which means the Tories want to outlaw the Unions!
There might not be any Trade Unions left if TURC triumphs!
Even if Trade Unions survive the TURC attack, I don't see much point in unemployed people joining a trade union when some unions are advocating Workfare! Not much unity in that, is there?
Back in the Thatcher era, the Unions scuppered the "training" schemes for the unemployed by vigorously demanding these schemes be "surplus to requirements" – so as not to threaten the employment prospects of existing union members.
Nowadays, it should be up to the unions and their current gainfully employed members whose future pay and conditions will be inevitably threatened by Workfare schemes to take a firm stand against the increasing use of wageless Workfare by a desperate Government as a cheap solution to unemployment.
If Trade Unions allow Workfare into the workplace in the first place, any unemployed person joining a union under these conditions will be akin to bolting the barn door after the horse has bolted.
local poundland has a junkie geezer on the door – got "workfare" written all over his slashed up face.
As I have previously stated, the Unions back in the Thatcher era vigourously demanded that all Government "training" courses for the unemployed were "surplus to requirements", so as to protect existing union members.
Today, the DWPs own rules are theoretically saying much the same thing. Yes, theoretically!
Workfare placements are supposed to be "genuinely additional" to proper jobs. (Compare that current DWP rule with the old Trade Union requirement of "surplus to requirements". They are both much the same).
The DWP also say that "a [Workfare] participant should not fulfil a role which would otherwise be advertised as vacant", ie, a Workfare participant should not be doing conventional work normally reserved for regular paid employees!
Two questions are now necessary:
Who is enforcing the DWPs own rules these days – including other rules about workplace activities which raise doubts over Health and Safety?
What kind of "work" are Workfare participants actually doing?
For an eye-opening report on this shambolic matter see the following link:
I cannot really afford 81p a day, nor 50p for the other union.
with unison its 81p a week not a day.
i joined even tho my provider has lost me and don't have to go its just another weapon for me to use against them if they find me again.
i just signed of for 4 weeks and put in a rapid reclaim and its fucked up everything and provider thinks im still working when im not so get no sanctions and just sign every 2 weeks and no job search either:)
Oops! Thanks for the correction.
I recently started working (on a self-employed basis) for one of the companies delivering the Community Action Programme (yes, I know I should be ashamed of myself, but there's not much work out there and I have mouths to feed) and I have been checking up on the rules and regulations for this latest wizard wheeze of our beloved leaders…
It states very clearly in the supplier guidance (full text available at http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/community-action-programme.shtml) that all CAP placements must be of benefit to the local community so any kind of placement at Poundland or any other employer in the commercial sector is against the rules and you are fully entitled to refuse it. If it is suggested that you must do a placement for a commercial organisation I would recommend printing out Annex 2 of the guidance (http://www.dwp.gov.uk/docs/wp-cap-a2.pdf) and telling your CAP adviser and/or your Jobcentre adviser that you do not believe the offered placement is within the rules. This is still a pilot programme and the suppliers are keen to be seen to meet all the criteria (in the hope of longer term contracts) and the last thing they want is complaints that they're breaking any rules – so making a polite, but noisy fuss about any breach of the regulations should be fairly effective.
The bad news is, of course, that most placements will be of the "six months in your local charity shop" type, but you are allowed to refuse to go to any organisation that has religious or political affiliations that go against your most deeply held beliefs. The hours you are required to work in this placement are based on your Jobseeker's agreement so if your circumstances have changed since this was last reviewed or you are concerned about being forced to work evenings or weekends make an appointment at the Jobcentre to have this looked at.
Sorry I can't offer any more cheerful information, but I shall continue to look for loopholes …
Please Note: This information ONLY applies to the Community Action Programme, NOT the Work Programme (supplier guidance for that is available at http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml).
Another snag has arisen to the suggestion that unemployed Workfare slaves should all rush to join Unison.
Have a look at this Guardian report:
If Unison organises more strikes, savage benefit sanctions will result for all "striking" Workfare slaves who are also members of Unison!
And it will not only be public sector pension strikes organised by Unison; the Communications Workers Union (CWU) are also likely to strike over the Tory privatisation of Royal Mail – and given that the CWU have also agreed to take on Workfare slaves, that puts the latter in grave danger of savage benefit sanctions if strikes arise at Royal Mail!
As I said earlier on this same page, the DWPs own rules about Workfare placements should be enforced, so perhaps the Unions can concentrate their fight in that area.
The DWPs own rules could well turn out to be the Achilles Heel of Workfare – if only they can be rigorously enforced.
Oh by the way, there should be a special reduced membership fee for all unemployed Workfare slaves who want to join a Union!
What are you saying, Tobanem? Are you suggesting that their is some conspiracy afoot to draft workfare slaves into unions in order to let them take the drop to serve the union barons interests? Workfare slaves being sanctioned in order to protect DWP staffs inflated salaries and gold-plated pensions?
FAO Conspiracy Theory
I do not go in for conspiracy theories.
Union strike action will not favour unpaid workfare slaves, whether the latter are union members or not.
The most absurd position would be where a Union organised a strike BECAUSE of Workfare and its threat to existing Union members! What would its Workfare members do on strike day?
But I have plainly said several times now that the DWPs own rules could well be the Achilles Heel of Workfare – if only these rules could be enforced.
If the scab CWU union were to call a strike workfare slaves would have no option, unless they wanted to suffer savage benefit sanctions, but to "cross the picket line" and face the threats, intimidation and worse that this action has been known to lead to. Threats, intimidation and worse from the very members of a scab union which actively supports and encourages a slave labour workforce within the Royal Mail.
The only reason people spout crap like: "I am OK with the unemployed working for their benefits but so long as it is for the community not for private businesses" is because they are SCARED for their own jobs. Yes, they want the unemployed out breaking their backs for nothing just so long as it doesn't threaten their own cushy livelihood. Let us see the unemployed displacing some REAL jobs – nice, well-paid cushy ones. We can start with the City of London and the bankers.
Too many people not enough jobs is one thing but this is something else, this is an economy that is no longer big enough for the population to earn a living from it.
Remember the Amstrad ad featuring a skipload of typewriters from the 1980s? That represented billions of hours of work a year that disappeared from the value of the economy one night never to be seen again, along with the whole nuts and bolts hinterland of an industrial economy, either automated or rationalised out of existence where it stood or exported offshore where rights violations were easier to perpetrate in the pursuit of a lower wages bill.
Capitalism has a lot more to do than merely supply jobs, to justify the politics of inequality that it demands it must supply careers, it must supply – for the present working-age population – 42m ways to take part in building a home and raising a family. It is not good enough to treat the jobs market like some kind of 'hunt the thimble' expedition or say to the educational establishment, 'we don't know what jobs we want the workforce to do, so you'd better make them ready to do anything'. The economy has got to give each citizen a coherent account of they are expected to do and how they should go about doing it so that we can all get on with the far more important tasks of raising our families and making a success of our lives.
The idea of 'hidden jobs' is so insulting to everyone's intelligence that it is downright embarassing.
Yes, with the country facing record levels of unemployment, the great idea is to 'hide jobs' so you have to work especially wonderfully and hard to get these amazing top secret jobs.
it's all about getting people to jump through hoops, catch a few out and take away their benefit (it's a pittance, for all those who talk about scroungers, JSA is a pittance, really) With the country in recession its the weakest members of society who seem to get hit the hardest.
You may have heard of this: if the wealth of the nation is represented by 12 biscuits, the elite and the bankers come along and take 11 biscuits. One biscuit is left. Then they say to the common working man: "Look, the guy on benefits wants your biscuit"
The reason we are in this mess in the first place is because the benefits of increased productivity have accrued to a richer and richer, smaller and smaller elite instead of having been shared by all via an ever decreasing working week and full employment.
The truth is that we have all got to make capitalism admit that it can't do it's job and stop crucifying the millions trapped in this slavery programme between the precariat on the one hand and the scrap heap of economic inactivity on the other, where 10m claimless people are being processed towards their premature deaths.
The work programme or aka work for no pay is a travesty.
I personally know a fifty-six year old man who worked at Tesco for 40 hrs a week for 6 weeks for no pay. He said he was given the worst job, constantly filling freezers in the hope he would be taken on. After the 6 weeks were up the manager asked him if he would like to stay on for some extra weeks, my friend asked "with pay"? The manager said why would he pay him when he can pick the phone up and get more unemployed people who have to work for nothing of face sanctions meaning loss of ALL benefits for up to three years!
My friend wasn't alone, he was part of twelve extra staff taken on to cover the xmas rush, no one was given a job at the end of the xmas period.
He told me they had all worked really hard and were gutted they were abused in such a way. The worst was one day he had to throw out lots of food one day over the use by date. He asked the manager if he could take some home as he was having to eat more due to being active all day. The manager refused saying if he gave him free food he wouldn't come through the front door and buy it!
I swear I will never shop at Tesco ever again.
For many people, the vast majority, blaming themselves will not get them a job. Clearly there aren't enough when there are around 10 million economically inactive. Even IBS says there 5 million unemployed.
Eventually, if you take self-criticism to heart and you still fail, you're staking out territory for a very bleak future: mentally, emotionally, and physically. Believe me I've been there.
Unemployed males are four times more likely to commit suicide.
It is intellectually dishonest and morally dubious to tell people unemployed in a neoliberal system that explicitly requires high unemployment to function that it is their own fault.
[…] ending workfare placements, Poundland stopping workfare… at its brighton store and workfare employees being employees of the Crown… today we are listing a few examples of workfare vacancies that are flooding the Labour […]
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What are some good Tumblr blogs that allow you to submit photos, to gain more followers?
I want to start selling hair bows. How do I get a website started and what are the costs?. How do I design it?.


text: CHECK THE USTA.COM Adult/Senior WEB PAGE OR Tennis Link FOR ANY SCHEDULING CHANGES. UPDATES WILL BE MADE ALSO AT WWW.CAROLYNNICHOLS.COM (check current events area). Schedule for 2011 Cat I on USTA.COM Web Site. Schedule for 2011Cat II on USTA.com Web SiteITF Sanction Information: click here.Note that the grass courts at Forest Hills will be played after Germantown.


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Heads up! Come check out our new forums, CurlTalk.
What's my hair type?
My mother has straightened my hair for as long as I can remember. Now that I'm going to boarding school, I can do whatever I want and I want my natural hair! It is low porosity, medium to coarse, and has medium density. I can't figure out my type though. Can you guys please help? Thanks!(Face blurred because I'm 17, hair was not impacted.)
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ST. LOUIS, Mo. _It's Monday and time to check in with Sonja Shin. The beauty blogger gave health and beauty recommendations for helping kids be less stressed at school.
Sonja shared some creative activities that promote mindfulness and build self-esteem. She also highlighted how being organized creates peace of mind.
To learn more visit: mayyoushine.com


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Austin Bridal Photographer | Elizabeth
I am so excited to finally share Elizabeth's bridals! They were taken at the beautiful Plantation House in Pflugerville, and I could not have asked for a better location! Elizabeth is so elegant and lovely, and the Plantation House helped portray that in such a classy way. I completely fell in love with Elizabeth's lace dress and all of her lovely accessories. I especially loved her sash that had a sweet flower and just the right amount of jewels. Elizabeth had a very sweet idea to make a sign for her dad that said "always your little girl" which she gave it to him the night before her wedding where, I was told, there were many tears. I teared up just thinking about it!If you notice in the photo where she is in the open field, there is a tiny full moon on the left side of the photo. Elizabeth's mom pointed out the moon and we just had to snap a shot!
I cherish this time that I got to spend with Elizabeth and her mom just a few days before her wedding day, and I am so excited to share the sweet memories that were made yesterday evening at Justin+Elizabeth's beautiful wedding!