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MINNEAPOLIS--(BUSINESS WIRE)--Allianz Life Insurance Company of North America (Allianz Life) today announced that it has been named to FORTUNE magazine's "100 Best Companies to Work For" list for the second straight year, ranking 59th on the list. In the 2013 edition, FORTUNE highlighted Allianz Life's commitment to employee development as one of the hallmark's of a good employer. Based in Minneapolis, Allianz Life is a leading provider of retirement income and protection solutions, including fixed and variable annuities and life insurance for individuals, and employs more than 1,700 people at its corporate campus.
"As one of only two Minnesota companies selected, we're honored to repeat on the prestigious FORTUNE 100 list"
"As one of only two Minnesota companies selected, we're honored to repeat on the prestigious FORTUNE 100 list," said Allianz Life President and CEO Walter White. "This achievement is the result of the passion and dedication of our employees, who strive for excellence as we help Americans reach their financial and retirement goals. Our culture of innovation and collective drive to be the best make Allianz Life a great place to work and positive part of the community."
In addition to the recognition from FORTUNE, Allianz Life received the Minneapolis Star Tribune Top Workplace award (June 2012) and the Minneapolis/St. Paul Business Journal Best Places to Work award (August 2012). Allianz Life continues to offer a number of employee development and leadership opportunities such as My Career, an online library of employee development resources and OPEX, an Allianz Group-wide quality and change management approach from parent company, Allianz SE. Allianz Life launched additional employee-focused workplace enhancements in 2012, including the Women's Leadership Exchange, a new and powerful multi-level mentoring and coaching model for the development of women leaders.
"Employee development and recognition is one of our five business priorities," said Chief Human Resources Officer Suzanne Zeller. "We will continue to help employees focus on their personal and professional growth and reward them for their contributions."
To pick the 100 Best Companies to Work For, FORTUNE partners with the Great Place to Work Institute to conduct the most extensive employee survey in corporate America; 259 firms participated in this year's survey. More than 277,000 employees at those companies responded to a survey created by the institute, a global research and consulting firm operating in 45 countries around the world. Two-thirds of a company's score is based on the results of the institute's Trust Index survey, which is sent to a random sample of employees from each company. The survey asks questions related to their attitudes about management's credibility, job satisfaction, and camaraderie. The other third is based on responses to the institute's Culture Audit, which includes detailed questions about pay and benefit programs and a series of open-ended questions about hiring practices, methods of internal communication, training, recognition programs, and diversity efforts. Any company that is at least five years old and has more than 1,000 U.S. employees is eligible.
About Allianz Life Insurance Company of North
Allianz Life Insurance Company of North America, one of FORTUNE's 100 Best Companies to Work For in 2013, has been keeping its promises since 1896. Today, it carries on that tradition, helping Americans achieve their retirement income and protection goals with a variety of annuities and life insurance products. As a leading provider of fixed index annuities, Allianz Life is part of Allianz SE, a global leader in the financial services industry with 142,000 employees worldwide. More than 78 million private and corporate customers rely on Allianz knowledge, global reach, and capital strength to help them make the most of financial opportunities.


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copyright the Chronicle July 2, 2014
by Bethany M. Dunbar
HOLLAND — Graci Rudolph was the director of an active nonprofit organization in New York, working long days. It was work she thrived on and a cause she believed in. She did public speaking and fund-raising, including television appearances.
Then one day — three years ago — she got bitten by a little insect, a tick, and got Lyme disease. Soon she could not sleep, her body became wracked with the most intense pain she has ever felt, she lost her physical balance and her ability to think clearly, or sometimes even get out of bed.
She wanted to die and says she can understand some Lyme disease patients' impulse to commit suicide.
Ms. Rudolph, who now lives in Holland, is one of a sharply increasing number of people in Vermont who have contracted Lyme disease. According to the Vermont Department of Health, there were 37 cases in Vermont in 2002, and 623 in 2011. Most of the cases have been in the southern part of the state, but cases have been reported in every county except for Essex.

subset: commoncrawl


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IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR SAINT JOHNS COUNTY CASE NO. CA08-0707 HSBC BANK USA, NATIONAL ASSOCIATION, Plaintiff, vs. STEPHEN R. BRADEN et, al., Defendants. NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure dated August 20, 2008, and entered in Case No. CA08-0707 of the Circuit Court of the Seventh Judicial Circuit in and for SAINT JOHNS County, Florida, wherein HSBC BANK USA, NATIONAL ASSOCIATION, is a Plaintiff and STEPHEN R. BRADEN; UN- KNOWN SPOUSE OF STEPHEN R. BRADEN; DEBORAH L. BRADEN; UN- KNOWN SPOUSE OF DEBORAH L. BRADEN; UNKNOWN TENANT #1; UN- KNOWN TENANT #2 are the Defendants. I will sell to the highest and best bidder for cash at St. Johns County Courthouse (lobby near the front door), 4010 Lewis Speedway, St. Augustine, FL 32084, on 2nd of October 2008, at 12:00 Noon, the following described property as set forth in said Final Judgment, to wit: LOT 16, BEACHSIDE, ACCORDING TO PLAT THEREOF AS RECORDED IN MAP BOOK 28, PAGES 70 THROUGH 73, OF THE PUBLIC RECORDS OF ST. JOHNS COUNTY, FLORIDA. Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale. Dated this 26th day of August, 2008. CHERYL STRICKLAND As Clerk of the Court By: Melissa Dukes As Deputy Clerk In accordance with the Americans with Disabilities Act of 1990 (ADA), if you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Court Administration Office at (904) 827-5617, 4010 Lewis Speedway, St. Augustine, Florida 32084. If you are voice impaired, call 1-800-955-8770. L2474-8 Sep 3, 10, 2008
Posted from 3-Sep-08 to 10-Sep-08
© 2018. All Rights Reserved. Contact Us


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Padres recall lefty Hinshaw from Triple-A
By Sarah Trotto / Special to MLB.com
Hinshaw's trip to the Big Easy was brief. He arrived early Tuesday morning with Triple-A Tucson. After he received a phone call from Tucson manager Terry Kennedy that he was heading to the Padres, Hinshaw had to catch a 6:30 a.m. flight to San Diego.
"I had not even opened up my suitcase, and TK called me," Hinshaw said. "He said, 'You might not want to sleep. You have a 6:30 a.m. flight.
"I spent all of 20 minutes in New Orleans, made all the normal phone calls -- parents, wife, best friend -- woke them all up."
To support their taxed bullpen, the Padres selected Hinshaw, a left-handed reliever, and optioned outfielder Blake Tekotte to Triple-A on Tuesday. To make room for Hinshaw on the 40-man roster, the Padres moved reliever Micah Owings to the 60-day disabled list.
Due to the excitement of returning to the Majors, Hinshaw said he had difficulty sleeping on the plane.
"It was such a whirlwind," said Hinshaw, who is from Pomona, Calif., and pitched at San Diego State University. "I got here, tried to take a nap, tried to re-energize. I opened up a sliding, glass door and smelled that ocean breeze, and I was like, 'I am not sleeping.'"
Hinshaw was running on adrenaline Tuesday.
"Adrenaline, butterflies, whatever you want to call it," Hinshaw said. "Whatever feeling this is, I don't ever want it to go away. I don't care if I'm dead tired, exhausted. If I get to be in a big league clubhouse I'll take it."
Hinshaw pitched 45 2/3 innings in the Major Leagues in 2008 and 2009 with the Giants. He posted a 4.53 ERA, striking out 49 and walking 36. He posted a 3.72 ERA in 19 1/3 innings with Tucson before his callup.
"He throws 94 left-handed with a hard slider," Padres manager Bud Black said. "In Spring Training, he pitched well."
Thayer earns first save since 2009
SAN DIEGO -- When Dale Thayer closed out the Padres' 3-2 victory over the Rockies on Monday night, he earned his first Major League save in nearly three years.
In fact, it was just his second in the Major Leagues. Thayer owns 173 saves in the Minors, but his only Major League save before Monday's opportunity was a three-inning save on May 22, 2009, when Thayer made his Major League debut with the Rays.
On Monday, Thayer fell behind 3-0 to the first batter he faced, Troy Tulowitzki, before getting him to ground out. Thayer retired the next two batters - Todd Helton via a flyout and Michael Cuddyer via a groundout.
"I was a little nervous, but it was more exciting," Thayer said.
Padres manager Bud Black has said Thayer, Andrew Cashner and Luke Gregerson could close games while closer Huston Street is on the disabled list with a strained right lat. Thayer received the first opportunity for a save since Street went on the DL on Saturday.
"Right out of the chute, three balls to Tulowizki. Not going to lie, a little concerned," Black said. "But he came back and threw three strikes and jammed him on a 3-2 pitch, and he got the next two guys.
"The thing about Dale, he doesn't scare off, and the velocity is up a tick from the last couple years. His slider is working. He seems to be the same guy at 2:30 in the afternoon as he is at 9:45 at night, which is sort of a good thing."
Thayer's 1-2-3 outing Monday was a far cry from his first Major League save. In 2009, he allowed three hits and a run in three innings to close the Rays' 15-2 victory over the Marlins.
"It was a good spot for my first appearance to go out there with a big lead," Thayer recalled.
Padres move Owings to 60-day DL
SAN DIEGO -- With his forearm injury lingering, Padres reliever Micah Owings moved to the 60-day disabled list on Tuesday.
The move opened room for reliever Alex Hinshaw on the Padres' 40-man roster. The Padres also sent outfielder Blake Tekotte to Triple-A Tucson.
Owings originally went on the 15-day disabled list on April 26 with a strained right forearm.
"The diagnosis is still the same, strained forearm, but it really hasn't been healing at a fast rate," Padres manager Bud Black said. "The training staff thought it still might be 10 days or so or more to when he even picks up a ball."
Owings said it shouldn't be too much longer before he starts playing catch. In six relief appearances this season, Owings has posted a 2.79 ERA.
"It's feeling better," Owings said. "It's still nagging a little bit. I feel like we're making progress, but it's still nagging a little bit."
Quentin rests knee during rehab assignment
SAN DIEGO -- The Padres gave outfielder and cleanup hitter Carlos Quentin another day to rest his knee on Tuesday, rather than having him continue a rehab assignment with Class A Lake Elsinore.
Quentin was originally scheduled to play for Lake Elsinore on Tuesday and Wednesday.
"I think we're just going to give the knee another day," Padres manager Bud Black said.
Quentin said on Monday he was moving closer to returning to the Padres and he didn't rule out the team's road trip to Philadelphia later this week. Quentin checked in with the Padres on Monday at Petco Park after spending a rehab assignment with Triple-A Tucson.
Quentin went on the disabled list April 3 after undergoing right knee surgery.
Black said Tuesday's day off was simply rest for the left fielder. He's expected to play Wednesday with Lake Elsinore.
"Just one more day," Black said.
Sarah Trotto is a contributor to MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.


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1. When Bella thinks that she has died she states, "If I was in hell, you wouldn't be with me." What do you think she means by that?
I think it means that she never would expect Edward to be in hell. He's going straight to Heaven
2. In the part where Edward is telling Bella that he should have been more careful before he went to Italy, he says, "What was I supposed to think when the boy said Charlie was at the funeral? What are the odds?" Edward contemplates "the odds" what do you think he is thinking about then?
I think Edward was thinking that if Alice said Bella killed herself, the chance of Charlie being at her funeral was pretty darn good. What I'd like to know is why Jacob answered the phone at someone elses house. I would think it was weird if one of my friends answered my phone.
3. Edward has a plan for if and when the Volturi come to check on Bella. Do you think the Cullens would actually have a chance against them on their own?
I think, yes.
4. At the end of the chapter Bella decides to put her mortality to a vote. What do you think made her come to this decision? What is Edward thinking when he hears why she wants to go to his house?
I think Bella felt that Edward would always so "no" to her becoming a vampire, but the Cullen family could convince him otherwise because Edward trusts his family. Even if he refused Bella, his family would support her.


text: You might be able to watch them on feed from the TV episodes since those should be coming out in September. But unless a subbing group does something, there won't be any subtitles until late October. Unless one of the limited edition holders does something with their mail ordered copy which they'll get sometime in September. I wonder about the various international crowd that will be their in the theaters in late August. Will they be able to order a Limited Edition BD and get it shipped out of the country. Or will they have to have it set to a Japanese mailing address and then shipped to them.


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First off, I never said Lin was greedy. I said he made the best business decision for himself & his family & I respect that. Anyone of us would have done the same. I've also said repeatedly on these forums that I think Lin made the wrong choice & he could have easily made more money if he had stayed in NY on endorsement deals. Fine, then so maybe it wasn't just about the money with Lin. OK. Maybe he just didn't want to be here anymore? Who knows what's in the mind of a professional athlete, but I don't respect him making the team who gave him his big break out to be the villains that drove him away. That's exactly what his comments are implying to me. They strike me as a guy who's grown too big for his own britches & already considers himself to be an established star after 25 games in the NBA. I always pegged Lin to be a humble guy, but that type of stuff is primadonna stuff. I would expect guys like Melo or STAT to make a comment like that, not Lin of all people. Pretty surprised & disappointed that he would even go down that road. I would have respected him a lot more had he simply thanked the Knicks for giving him a shot & left it at that.The bottom line is, you're saying that Lin got greedy and signed onto Houston for a higher paycheck. That's not true. If Lin was really greedy for more money, he would have settled for smaller paycheck in NY and made 10 times more money off of endorsements in NYC.
He even says in the most recent interview that he's sick of people assuming he's in it just for the money. And he says he had a chance to sign for a crapton of endorsements but only signed 3.


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Skip to page content
A friend near Whitchurch, Shropshire photographed this insect today, July 11th, 2013, which was inside her house.
About 1.5 inches long.
I would call it a "horntail" or "woodwasp" that thing sticking out is an ovipoositor not a sting......don't think these sting at all.
urocerus gigas


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Okay guys, I need a little bit of help from those who have done there homework concerning the Triwizard Tournament.
Here are some questions, though if you feel something needs to be added, go right ahead. I need allt he help I can get.
The Last Triwizard Tournament (not including the one in 1994-hehe) is supposed to be so long ago that everyone knows it exists, knows it's some amazing thing, but it is basically history and no one thinks it will ever come back due to the death toll. When do you estimate the Last Triwizard Tournament being held? Apparently, when it was regularly hosted, it was held every five years.
Which school do you think it would have been held at? My guess is Hogwarts, becuase that's the impression I got when it was talked about.
I know it was a big deal when they upped the age to enter to 17 (of age), but what do you think it was before? Surely, a first year would not actually be entered, or could they?
Thank you! I will probably pop in with more questions soon.


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After the Russellville Advertising and Promotion Commission voted to break with Crappie USA for 2008, the commission has been courting another bass tournament for 2007.
Last month, Christie Graham, executive director of tourism, offered FLW Outdoors $40,000 at the request of the commission to host an event at Lake Dardanelle next May. The price is about $20,000 less than Crappie USA would cost.
FLW accepted the offer, and Graham presented the option to the A&P commission during its monthly meeting May 18.
To host the tournament, FLW requested the host city to pay for a meeting room or a large tent and a meal for 500 people on the Tuesday prior to the event, eight staff rooms for eight nights, assistance in acquiring permits for the event, security and a Wal-Mart weigh-in.
Graham said the requirements, which also requested boat storage, were typical. Getting a large event for about $20,000 less was a better bang per buck, she said.
As of May 18, the commission had verbally broken contract with Crappie USA, agreeing to pay a fee. The contract was binding, according to Chairman Brad Allen, who said City Attorney Trey Smith looked over the contract.
The A&P will have to pay about $10,000 to break the contract and avoid paying $60,000, but overall, the commission will save about $10,000 by acquiring FLW. About $5,000 would be paid this year and another $5,000 would be budgeted for next year, Graham said.
"That was wasted money," said Commissioner Robert Wiley, noting he was against dropping Crappie USA and may not vote for a FLW contract. "I want to go down on record as saying that is ridiculous."
He said the public was unhappy with commissioners backing out of a contract that was voted in about five years ago.
"We gave our word, that says that our word is not worth a dime," Wiley said, adding it wasn't right to get rid of Crappie USA to acquire FLW. "I don't think it's right."
Wiley was the only commissioner to support keeping Crappie USA. He was absent during the meeting the commission voted to break the contract.
But commissioners were looking for a more media-saturated event for less, something FLW offers through Fox Sports Net, American Forces Net and Matchroom Sports. FLW also offers print advertisement and feature stories in their 45,000 circulation magazine.
Unlike Crappie USA, FLW also released an estimated economic impact for their tournament. FLW estimated the local economy would receive about $3.7 million while only spending $1.1 million to host the event. About 860 people are expected to come to Russellville for the tournament, FLW statement said.
Crappie USA offered no impact study, saying they relied on local authorities to evaluate the impact.
Commissioners decided to continue to negotiate terms of the FLW contract before voting. Questions about whether to pay for rooms for the event and the feasibility of a weigh-in at the Russellville Wal-Mart parking lot delayed a final vote.
No motion was made, but Graham was asked to further negotiate terms.
What's in a name?
Commissioners would like a better identifier attached to their name.
Graham pointed out few people in the community knew what A&P stood for and what the commission did. She said the commission had two letterheads. To avoid confusion, she suggested the commission decide on one.
The A&P is considering adding "Russellville Tourism Commission" to its title or "doing business as Russellville Tourism Commission." The change, which was opposed by Wiley, was tabled until next month.
In other business
More Russellville tourism maps will be printed than last year after Ron Knost, in charge of coordinating the publication, said 18,000 may not be enough. The commission agreed to print 25,000 to be distributed to the public at hotels and the Russellville Chamber of Commerce for free.
The A&P schedule for the next three months will be June 8, July 20 and Aug. 24.


text: Showell First Graders Learn About Symmetrical models Feb 23,2010 by DispatchAdmin Showell Elementary first graders in Mrs. Huber's class, Ryder Ridout and Danikah Coleman, drew a line down the middle of a paper to create a line of symmetry. Then they took turns using colorful shapes to create a symmetrical model. ← Previous Next →


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text:
Making a copy constructor, I am getting a problem.
CPost::CPost(const CPost& rhs)
rhs.GetMessageLength(); //error on this line
Some discussions I found about this recommended taking away the const, but when I do that, MS VC++ 6.0 wont recognize it as a copy constructor. Is anyone aware of a solution to this problem?Quote:
error C2662: 'GetMessageLength' : cannot convert 'this' pointer from 'const class CPost' to 'class CPost &'


text:
The need for markets to adapt to change is nothing new. In countries where a workforce lacks the skills that are suddenly in demand we see a skills gap emerge. This leads to higher unemployment rates while vacancies increase and productivity and growth decline. In a fast-moving world, talent adaptability becomes even more critical.
There are two essential ingredients to adaptability. The ability of employers to look differently at sources of talent - investigating new geographies and sectors as well as investing in existing employees, equipping them with the necessary skills and motivating them to adapt to meet new challenges. Secondly of course this requires willing individuals who are prepared to embrace change and apply their skills somewhere new.
'Adapt to Survive' for the first time brings together the two most comprehensive sources of talent data in the world; the real-time behaviours drawn from LinkedIn's 277 million members and employer information from PwC's Saratoga database of people and performance metrics, which covers more than 2,600 employers across the globe.
Our analysis has led us to create a Talent Adaptability Score – a benchmark that evaluates a country's ability to match talent with opportunity. The Netherlands, UK and Canada recorded the highest Talent Adaptability Scores of the 11 markets in the study.
Markets with the most adaptable talent are more efficient and productive – a better talent fit between employer and employee results in a greater return on an organisations investment in people unlocking USD$130billion of additional productivity for the countries covered in this report.
Worldwide unemployment continues to rise while jobs go unfilled. Half of all CEOs globally intend to increase their headcount over the next year but 63% are worried about the availability of key skills. As talented people become more adaptable, the skills gap will shrink, leading to better economic performance.
In less adaptable talent markets poorly matched candidates drive up recruitment costs associated with hiring and onboarding people. The hiring process takes longer and recruits don't stay. This creates a cost burden of USD$19.8billion a year for the markets we looked at.
Online professional networks give organisations access to a larger talent pool and critically to passive candidates, those not actively looking for jobs. More visibility, coupled with adaptable talent and broad-minded employers creates better hiring.


text:
Markets Live: Greece weighs on local shares
Australian shares finished lower, weighed by losses in top miners and energy firms as concern over economic growth in Europe and the United States revived risk-aversion. Early losses deepened after Greece's international lenders failed for a second week running to agree how to get the country's debt down.
DJs sales up - looks foreward to Christmas
- Lenders fail to strike Greece debt deal
- Stevens hints at further rate cuts to come
5.45pm: That's all for today. Thanks everyone for reading this blog.
Here's our evening wrap of today's session.
5.12pm: Western Australia may give producers of magnetite iron ore a concession on royalty rates in a bid to jumpstart projects stalled by a recent slump in the steel-making raw material.
Magnetite ore is a low grade that requires expensive processing before being exported, making such projects much harder to justify, compared with the ore produced by giants Rio Tinto and BHP Billiton.
Premier Colin Barnett said the state, which produces nearly all of Australia's iron ore, would consider lower royalty rates in the start-up phase of magnetite projects, but the plan still needed to be approved.
"We will sit down with each of the iron ore producers and discuss with them and provide a royalty concession through the initial start-up stages," Barnett told a conference in Perth.
5.03pm: Some stocks today:
- Mmineral sands firm Iluka dropped 2.8 per cent. The company was the best performer among the larger ASX companies last year, but has since plummeted 53 per cent from a January high of $18.88 due to its exposure to slower Chinese growth.
- Department store chain David Jones dipped 6.2 per cent, to $2.41 after first quarter profit inched higher, ending seven straight quarters of decline but missing analyst forecasts.
- Freight rail company QR National was 1 cent higher at $3.49 after it said it expects to haul just enough coal this financial year to meet its previous forecasts.
4.54pm: While shares may still have a few more wobbles in the near term, we remain of the view that shares will end the year higher and continue to move up, albeit with occasional setbacks, next year, says Shane Oliver, strategist at AMP Capital.
"One dampener though remains the strong Australian dollar which continues to make life tough for Australia companies and which makes it hard to be confident that Australian shares will outperform global shares."
4.44pm: For years, brokers have been telling their clients to take their money out of Telstra, there are better opportunities elsewhere.
Now, even with its shares at their highest level since 2008, some brokers reckon its time to buy, that it could run to $4.66, from $4.19 at the close of trade today. Take Charlie Aitken, the influential commentator at Bell Potter:
- The more stocks like TLS edge up, the more questions we get about whether it's time to take some profits in TLS. That's a natural reaction in a stock that is +64% off its lows 2 years ago and has paid 56c in ff divs in that period.
- My answer is it is not time to take profgits in TLS. It's time to buy more. What most people forget is TLS is turning around operationally.
- The stock has entered an EPS (and eventually DPS) upgrade cycle. Over the past two years TLS has captured over 90 per cent of the net new customer additions in the Australian mobile and broadband.
- The company is completely dominated customer additions due to its massive, structural network advantage, an advantage further cemented by 4G.
- This will lead to consensus upgrades from analysts over the years ahead as TLS is capturing these new customers not by discounting services, but simply by the reliability and speed advantage of their networks vs. their capital constrained competitors.
4.30pm: The Australian dollar lost ground against a broadly stronger US dollar on after eurozone officials failed to reach an agreement about Greece, but hovered near seven-month highs against the yen.
The Australian dollar slipped to $US1.0352 from $US1.0384, after Greece's international lenders failed for the second week running to agree on an aid package.
Support for the dollar was found at $US1.0339, Monday's low, with initial resistance at $US1.0394.
Investors were awaiting HSBC China Flash PMI data tomorrow for further signs of recovery for the Chinese economy.
"Recent data is suggesting we may get a figure above 50 and that would be very good for the Aussie dollar and risk assets in general," said David Scutt, a trader at Arab Bank Australia.
He said the local currency could rise to $US1.0445, last week's peak, depending on the European market reaction to the Greek deal setback.
4.18pm: Among the sectors, health stocks suffered heavily today, dropping 1.9 per cent, energy fell 1 per cent, while mining fell 0.6 per cent.
Telecommunications and consumer staples posted modest gains, both up 0.2 per cent.
4.12pm: The market has finished lower, weighed down by eurozone finance ministers failing to come to an agreement over Greek's debts. The benchmark S&P/ASX200 fell 16.2 points, or 0.4 per cent, to 4369.5, while the broader All Ords dropped 16.8 points, or 0.4 per cent, to 4390.7.
3.56pm: BusinessDay's Michael Pascoe has filed with his spin on Australian retail, is it really as bad as we think?
Here we go again, confusing the health of the Australian economy with retail sales figures in general and the fate of David Jones and Myer in particular. Ah, the persuasive illusions that are Miranda Kerr and Jennifer Hawkins.
Department stores make up the smallest of the six broad categories by which the Australian Bureau of Statistics measures retail sales – contributing just 7 per cent of the total. The clothing and footwear category is larger, and gambling turnover is bigger again than that.
And within the department-store category, DJs and Myer bring in less than K-Mart, Big W and Target. Only in the public's perception do they loom larger.
Thankfully, the sales performances of our two mid-market department stores are not indicators of the health of the Australian economy or even of the retail industry.
Click here for the full story.
3.37pm: More on the sharp drop after 2pm, Westpac's global head of interest rates strategy and international markets, Russell Jones, said the slump in shares was due to Australia importing more bad news from Europe.
"The meeting of European finance ministers broke up without a meaningful deal of the Greek bailout coming through. I think the markets are expressing their disappointment with that," he said.
"It's clearly proving very difficult to get any kind of consensus on a long-term solution to Greece's problems."
Mr Jones said things were unlikely to pick up any time soon.
"For the moment at least, we're in a situation where all the international news is troubling. You've not just got Europe failing to address its problems, but you've got all the uncertainties around US budget position," he said.
"Maybe what we need is for Mr Stevens to cut rates in December."
3.29pm: It looks as though there has been a significant drag on the market in the last hour, BHP is the heaviest weight on the ASX, responsible for the loss of 3.19 points. CSL is contributing a 2.76 point drop and Santos is accounting for a 1.28 point fall.
3.14pm: Greece's international lenders failed for the second week running to agree how to get the country's debt down to a sustainable level and will have a third go at resolving their most intractable problem in six days' time.
After nearly 12 hours of talks through the night during which myriad options were discussed, euro zone finance ministers, the International Monetary Fund and the European Central Bank failed to reach a consensus, without which emergency aid cannot be disbursed to Athens.
2.56pm: The ASX200 has slumped to the day's lows, down 0.3 per cent. Leading the falls are the energy sector, down 1.4 per cent, and materials, down 0.4 per cent.
2.49pm: Gold is trading steady, lacking conviction to move out of its recent trading range as investors eye truce talks over Gaza and discussions on how to avert a fiscal crisis in the world's top economy.
Spot gold was little changed at $US1726.60 an ounce.
Gold has settled in a range between $US1700 and $US1740 an ounce in the past two weeks, after the re-election of US President Barack Obama cheered gold buyers who expect a continued loose monetary policy to keep gold attractive as an inflation hedge.
"Gold seems well supported towards the $US1700 level, and the longer-term story hasn't changed much," says Nick Trevethan, senior commodity strategist at ANZ in Singapore, adding that continuously robust demand from China and official sector buying will help support bullion prices.
2.25pm: There is no strong evidence of hot money inflows in China despite a recent rally in the yuan, which has been driven by improved market sentiment, the country's foreign exchange regulator said on Wednesday.
The yuan has gained almost 2.6 percent against the dollar from late July.
"Due to the combined effect of both domestic and external factors, the market sentiment has recently turned optimistic from pessimistic, leading to a rally of yuan exchange rate," the State Administration of Foreign Exchange (SAFE) said in a statement on its website.
2.10pm: Continuing on the subject of retailers, here's something from the small business team:
Ten years ago if you went to your nearest regional shopping centre you would, on average, have been able to choose between three photo shops. Now you are likely to see no more than one. In smaller centres you would be lucky even to get that.
While most of these kinds of retailers have been party to a mass vanishing trick, others like them are attempting something trickier still - to transform themselves into new, leaner and more differentiated businesses that are fit to prosper in the future.
1.58pm: November and December are the deadliest times of the year in Victoria's workplaces, with seven deaths coming in a 12-day period in 2011, WorkSafe has warned.
The state's work safety watchdog said the rush to finish jobs before the Christmas break often led to shortcuts that could prove fatal.Twenty-six workers have died during November and December over the past five years.
WorkSafe health and safety director, Ian Forsyth, said he fears a repeat of the deadly end to the 2011 working year.
1.45pm: Major markets around the region are slightly up, but most aren't showing large gains.
- Nikkei(Japan): +1.1%
- Shanghai: +0.2%
- Taiwan: +0.1
- South Korea: +0.2%
- Singapore: +0.3%
- New Zealand: flat
1.29pm: David Jones chief executive Paul Zahra said the department store's website meltdown last night was a good learning experience for the company which plans to launch its clearance sales online on Christmas day, when most of its physical stores are closed.
''We've only been in business for a couple of weeks, we've had double the visitors and three times the sales,'' Mr Zahra said.
''Yesterday was unprecedented, we were completely overwhelmed, the site simply went into meltdown and could not cope with the traffic which caused the outage.''
He described the experience as ''a really good dry run for us when we go into clearance'' which will start on Christmas day with its web site clicking over from pre Christmas mode to clearance sales which traditionally started when its stores re-opened on Boxing Day.
''That puts us at a great advantage compared to this time last year,'' Mr Zahra said.
1.13pm: The Australian government has sold $600 million of July 15 2022 Treasury bonds.
The Australian Office of Financial Management (AOFM), which conducts bond auctions on behalf of the government, said the bonds were sold for a weighted average yield of 3.13 per cent.
The sale attracted bids totalling $1.795 billion, giving a coverage ratio of 2.99.
1.05pm: A further development in the Hewlett-Packard affair, the FBI, responding to an inquiry by the US Securities and Exchange Commission, is looking into HP 's allegations of accounting improprieties at Autonomy, a person familiar with the matter said.
HP said it discovered "serious accounting improprieties" and "a willful effort by Autonomy to mislead shareholders," after a whistleblower came forward following the May ousting of former Autonomy Chief Executive Mike Lynch.
The news sent the company's shares plunging 12 percent to a 10-year low of $US11.71. HP, which for decades was synonymous with technical excellence and innovation as one of the bedrock companies of Silicon Valley, now has a market value of roughly $US20 billion, down from $US155 billion in April of 2000.
12.51pm: Oil and gas explorer Drillsearch Energy has forecast a revised four-fold jump in production in 2013 that will help its transition into a mid-tier producer.
The central Australian Cooper Basin-focussed company is forecasting production of 1.31 million to 1.57 million barrels of oil equivalent (BOE) in fiscal 2013, higher than previous guidance of 1.23 million BOE.
It produced 389,877 BOE this year.
The growth would come from the company's oil rather than gas business, with it bringing the Bauer oil field in the Cooper Basin into production this year, managing director Brad Lingo told shareholders at the company's annual general meeting in Sydney.
12.45pm: Heading into lunchtime and the markets are down a bit, but not a lot. The All Ordinaries index is 5.1 points lower, or 01 per cent, to 4402.4, while the benchmark S&P/ASX200 is 3.5 points lower, or 0.1 per cent, to 4382.2.
City Index chief market analyst Peter Esho said investors were disappointed that US Federal Reserve chairman Ben Bernanke had not been more forthcoming in a key speech overnight.
''I think the market was perhaps looking for a bit more out of Bernanke's speech overnight, and that wasn't forthcoming and so that fizzled out the rally from the prior session,'' Mr Esho said.
''They [markets] didn't really get anything [from the speech],'' Mr Esho said.
12.40pm: The dollar has been trading in a tight range after falling overnight after RBA boss Glenn Stevens signalled it was prepared to cut the cash rate further if necessary.
In recent trade, the dollar was at $US1.0380, down from $US1.0414 yesterday afternoon.
ANZ foreign exchange strategist Andrew Salter said the currency traded in a tight range with markets were waiting for international developments including a meeting of euro zone finance ministers in Brussels to discuss Greece's debt, the fiscal cliff in the US, and the conflict in the Middle East.
[The dollar is]very stable, its trading in a very narrow range. [It's] still captive to international factors. We're waiting for the resolution of some international events.
12.30pm: Back to the markets where the big banks are a bit mixed:
- CBA is 0.09% higher to $57.965
- ANZ is 0.28% higher to $23.605
- NAB is 0.17% higher to $23.73
- Westpac is 0.16% lower to $24.65
12.22pm: The man some commentators had dubbed 'Britain's Bill Gates' is struggling to protect his reputation.
Mike Lynch, the former head of software firm Autonomy has denied that there were accountancy problems at the company he co-founded, after new owner Hewlett Packard blamed irregularities in Autonomy's books for a massive $US5 billion charge.
"Lynch was the poster child in the sense that he was considered the Bill Gates of the UK and the allegations damage his reputation," said Espirito Santo Investment Bank analyst Vijay Anand.
12.09pm: Internet job adverts rose 2.5 per cent in October. The government's internet vacancy index rose to a seasonally adjusted 70.7 points - a good climb but still 14.1 per cent lower than a year ago.
The strongest monthly increase was for labourers, rising by 6.4 per cent, followed by a 5.5 per cent rise in sales workers.
Vacancies largely concentrated on NSW and Victoria - rising by 6.9 per cent and 5.4 per cent respectively
11.59am: More from the QR National annual general meeting, where chairman John Prescott has hit out at claims that Australia's largest rail operator has used accounting changes in order to boost the bonuses of its senior executives.
As BusinessDay's Matt O'Sullivan reports the board faces a backlash against its executive-pay report at the annual meeting after proxy adviser Ownership Matters and the Australian Shareholders' Association urged a 'no' vote.
Mr Prescott told shareholders that the changes made to the executives' remuneration were not ''merely accounting adjustments that give our executives a free kick''.
Contrary to what you may read in the media, these are not simply end-of-year adjustments. Quite frankly, they're what we expect management to do to enhance shareholder value.
QR National national shares are up 0.1 per cent today, at $3.45.
11.55am: Copper and gold miner Ivanhoe Australia is to tap investors for $80 million.
The Rio Tinto-controlled miner has announced a three-for-10 renounceable rights issue at 48 cents a share.
Ivanhoe's major shareholder Turquoise Hill, which is half owned by Rio, has agreed to take part, providing $40 million towards the capital raising.
Ivanhoe's chief executive Ines Scotland said the capital raising will allow the company to pay off a loan from Turquoise Hill:
The entitlement offer will strengthen Ivanhoe Australia's balance sheet and, together with operating cash flows from the Osborne project, ensure that the company is fully-funded for planned operations and exploration.
Ivanhoe's shares were placed in a trading halt ahead of the announcement. Rio Tinto is down 0.8 per cent at $57.04.
11.48am: While the common wisdom says entrepreneurs must always have a clear exit strategy, the German founders of website-building business Jimdo take a different approach.
Travelling through Australia this month for a mix of work and pleasure, 29-year-old Fridtjof Detzner says he and his two co-owners learnt the hard way that it's better to be your own boss than be beholden to the highest bidder, and they've stuck to their word, recently turning down an eight-figure offer.
11.36am: More from the QR National AGM, which could shape up to be a bit of a controversial event, with a first strike looming for the company's remuneration report and as shareholder activist Stephen Mayne tweets the following:
11.32am: There's some upbeat news from CBRE, with the commercial real estate firm claiming this morning that prime industrial properties are drawing interest from global investors thanks to rental growth that's recovered to levels not seen since the collapse of Lehman Brothers in 2008.
Values of warehouses and logistics properties in the capital cities are at a four-year high, with the national average at $1261 a square metre.
Perth was the strongest performer, with rents climbing 4.5 per cent in the three months ended Sept. 30 from a year earlier, followed by Melbourne, where rents rose 4.1 per cent.
11.28am: What was Stephen Mayne going on about? The QR National annual general meeting in Brisbane, where the freight rail company's chief executive, Lance Hockridge, said haulage volumes in the first four months of the 2012/13 financial year had fallen 1 per cent from the same period in the year before.
The fall was due to lower volumes in Queensland, as those in NSW were higher than in the previous corresponding period, he said, adding:
We expect the softer demand environment to continue over the near term. With variable railings over the first four months and the wet season approaching, it is difficult to provide certainty on full-year coal haulage volumes to June 30, 2013. Our best estimate, advised in August, in the range of 195 to 205 million tonnes has not changed. However, experience to date suggests it is likely to be towards the lower end of that range.
11.22am: Stephen Mayne, dinosaurs and trains, all in one tweet:
11.10am Some brighter news out of Tokyo, where the Nikkei share average has risen to a two-month high in early trade, led by exporters, after the yen hit a seven-month low versus the dollar.
The Nikkei advanced 0.8 per cent to 9213.82, while the broader Topix gained 0.8 per cent to 767.85.
11.05pm: Working might be better for you than you'd thought.
A US survey of more than 13,000 people found those who had recently lost their jobs were more likely to suffer a heart attack than their employed peers, in some cases running a risk as high as 35 per cent.
The Researchers found that each successive job loss was tied to a higher chance of heart problems among more than 13,000 older adults, although it's not clear how unemployment itself might have caused the extra heart attacks.
People were especially likely to have a heart attack during their first year of being out of work.
11.00am: Australian stocks are weaker, with falls among the major resources-linked sectors leading the broader market lower.
Heading toward the end oif the first hour of trade, the benchmark S&P/ASX200 index was down 6.2 points, or 0.1 per cent, at 4379.5 points, while the broader All Ordinaries index had fallen 7.1 points, or 0.2 per cent, to 4400.4 points.
Macquarie Private Wealth division director Lucinda Chan said things were quiet, with investors on the sidelines and eyeing the ongoing struggle in the US over the fiscal cliff.
''The market is a little bit sideways,'' Ms Chan said. ''It looks like there is some sort of agreement, but there is a lot of detail that needs to be worked through, I think, at the end of the day.''
10.54am: More on the David Jones sales results from BusinessDay's Colin Kruger, who says the result was below the forecasts of some analyst who had tipped a one per cent increase in sales.
''Feedback from unlisted retailers suggests that trading conditions improved in the October quarter with a modest improvement in sentiment assisted by favourable weather and a step change in fashion styles,'' said Deutsche Bank analyst Michael Simotas.
David Jones shares have come back a bit in recent trade and are now down 0.8 per cent at 2.55
Read Colin's story here.
10.45am: The big miners are down in early trade, with Fortescue leading the pack:
- BHP is 0.27% lower to $33.49
- Rio is 0.7% lower to $57.07
- Fortescue is 2.49% lower to $3.91
10.39am: One of the main stories floating around this morning is about the Click Frenzy meltdown from last night. You can read more about it here.
When asked about the impact of the debacle on Westfield - one of the participating retailers - and whether it had a negative impact on its online retail reputation, a spokeswoman would only say that shoppers were able to bypass the Click Frenzy site and go straight to westfield.com.au to take part in the sales.
10.36am: Former Macquarie bank chief executive Richard Sheppard is to join the board of casino operator Echo Entertainment. Mr Sheppard spent more than 30 years with Macquarie, including four years as managing director and chief executive of Macquarie Bank.
He will join Echo Entertainment as a non-executive director once all regulatory approvals are received, Echo chairman John O'Neill said in a statement.
The appointment continues a period of renewal for the company's board which began with the departure of former chairman John Story in June.
10.33am: Where's the market headed today? Here's one view:
10.27pm: Here are the early decliners on the ASX200:
- Mineral Deposits: -3.51%
- Alacer Gold: -3.46%
- Virgin: -3.12%
- Arrium: -2.47%
- Fortescue: -2.37%
- Navitas: -2.28%
- Iluka: -2.22%
10.25am: The best performed companies on the ASX200 so far include:
- Energy World Corp: +11.32%
- Sundance: +2.67%
- Goodman Fielder: +2.63%
- Ausdrill: +1.98%
- Paladin: +1.66%
10.19am: Utilities companies are 0.57 per cent higher, while health stocks are 0.86 per cent lower. Telecoms have gained 0.45 per cent in early trade and consumer discretionary stocks are 0.45 per cent higher.
Materials have lost 0.34 per cent and energy stocks are down 0.28 per cent.
10.14am: In early trade, the All Ordinaries index is 1 point higher to 4406.5, while the benchmark S&P/ASX200 is flat at 4385.7.
10.12am: More on David Jones. Home and electrical product sales continued to struggle, but there was improvement in sales of womenswear, menswear, beauty, accessories and shoes during the first quarter, Mr Zahra said.
Sales grew in Western Australia, NSW and Victoria, but refurbishments at David Jones' Toowong store in Brisbane impacted Queensland sales, the company said.
Customers had embraced David Jones' new online store, which was ''well-positioned to capitalise on Christmas and the Boxing Day clearance periods'', it said.
David Jones' first quarter sales growth was smaller than Myer's in the same period.Myer's total sales in the 13 weeks to October 27 were $688 million, up one per cent on the same period last year.
10.07am: Early take - share are flat. ASX200 is less than one point higher.
10.04am: David Jones shares have opened lower. Down as much as 1.17 per cent in early trade to 2.54 per cent.
9.55am: A bit more here from David Jones. ''Whilst it is still early days, it is pleasing to see the company return to positive sales growth following seven quarters of declining sales,'' chief executive Paul Zahra said in a statement.
''Trading in the first couple of weeks of the second quarter is tracking broadly in line with (the first quarter).''
9.53am: The David Jones' data has arrived. First quarter sales rose by 0.3 per cent and the retailer says second quarter sales are so far following a similar trend.
The department store said sales totalled $415.6 million in the three months from July 29 to October 27, up from $414.3 million in the previous corresponding period.
Like-for-like sales were the same as total sales as there were no store openings or closures in the relevant periods.
9.45am: Some analyst rating changes for today:
- Boart Longyear cut to underperform at Macquarie, BBY Ltd
- Tatts Group raised to neutral at Nomura
- Flexigroup downgraded to neutral at Goldman Sachs
- Fletcher Building raised to buy at Deutsche Bank
- NAB raised to buy at Deutsche Bank
- Arrium raised to hold at Deutsche Bank
9.42am: Also today, David Jones releases first quarter sales results. The data is due out at 11.30am. Investors will be looking for some good news after Myer reported a rise of 1 per cent over the three months to the end of September.
9.39am: Here's a quick look ahead to the economics data we're expecting today:
- Westpac-Melbourne Institute Leading Indexes of Economic Activity
- CBA/HIA House affordability for September quarter
- DEWR Internet skilled vacancies
9.35am: Despite US housing starts rose to their highest rate in more than four years in October, suggesting the housing market recovery was gaining steam, Wall Street closed flat after Fed boss Ben Bernanke failed to signal more support for the US economy.
In fact, Bernanke said that 2013 could be a "very good year" for the US economy if politicians can strike a quick deal to avoid the so-called fiscal cliff.
The powerful central bank chief called for a credible long-term framework to put the federal budget on a sound path, but warned against action that would needlessly add to the headwinds facing the economy.
9.32am: For a comprehensive look at this morning's business news, check today's need2know. Here are this morning's key market links:
- The SPI was 2 points higher at 4400
- The $A was trading at $US1.0387
- In the US, the S&P500 was flat at 1387.85
- In Europe, the FTSE100 added 0.18% to 5748.10
- China iron ore lost $US2.20 to $US120.20
- Gold added 0.02% to $US1731.70 an ounce
- WTI crude oil added $US2.95 to $US86.33 a barrel
- RJ/CRB commodities index added 1.63% to 298.35
9.30am: Good morning folks. Welcome to the Markets Live blog for Wednesday.
Contributors: Thomas Hunter, Richard Hughes, Jens Meyer
This blog is not intended as investment advice
BusinessDay with agencies
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text:
March 27, 2010
New Bad-A$$ Runaways Stills
Check out TJ Barber's review of this bad-ass movie - it seriously pwns me right now :)
Via FierceBitchStew
- Lorabell
11 comments:
nasty. but yes, bad a$$, they've accomplished that much at least. not really expecting much good acting.ReplyDelete
- AnonymousMarch 28, 2010 at 12:26 AM
And as a Twilight fan I'm sure you would know good acting when you saw it.ReplyDelete
- AnonymousMarch 28, 2010 at 12:40 AM
I saw it last weekend and Kristen is amazing. She simply IS Joan.ReplyDelete
@anonymous: i WOULD happen go know good acting when i see it. i didn't really like the movies. I'm a fan of the books thank you very much. you don't need to be a professional to know if someone's acting style is constantly repeated in every one of their movies.ReplyDelete
@anonymous: when i see a movie, i don't just expect to see a pretty face, i expect to be entertained by good acting, not the same portrayal of every character in every movie. kristen pretty much acts the same as bella in Twilight the movie (oh and yes, thank you for pointing that out, I AM a twifan--of the books, i don't give a damn about the movies) mixed with sex alcohol and guitars.ReplyDelete
- AnonymousMarch 28, 2010 at 2:18 AM
Talia, you're an idiot. She was Joan Jett. I'm going to guess that you didn't even see the movie, you're just posting your Kristen hate. Hate will eat you up inside. Find something useful to do with your life and stop hating on a 19-yo girl.ReplyDelete
Kristen is an amazing actress whether people like her or not. Dakota too for that matter.ReplyDelete
- AnonymousMarch 28, 2010 at 2:48 AM
@Talia: have you actually see The Runaways? Kristen and Dakota both rock it, as confirmed by many reputable movie reviewers, including Sundance - you know, that industry respected film festival?ReplyDelete
I suggest giving the movie a chance before forming an opinion - other than that, the top photo says pretty much everything :)
@Talia- Have you even read reviews for the film? They've praised her on how she basically becomes Joan, completely owns her scenes, gets the voice, ticks, everything down. Even people who didn't like her before have come out respecting Kristen and seeing her as the great actress she is. Maybe you should watch a movie before judging. Just saying.ReplyDelete
I've died and gone to Runaways heaven. I'm so glad that while I was ill I couldn't see this stills because my heart would've failed me again. OMG. Sex Pistols tee - Hello!!!ReplyDelete
it's crazy how different Kristen looks for this role..she definitely got completely into character.ReplyDelete


text:
Read the full story here Web Link posted Friday, February 22, 2013, 10:04 PM
Town Square
Former chief probation officer in county pleads not guilty to possessing child pornography
Original post made on Feb 24, 2013
Read the full story here Web Link posted Friday, February 22, 2013, 10:04 PM
a resident of another community
on Feb 24, 2013 at 10:07 am
Mr. Wagstaffe said. "We want the public to feel comfortable,"
I think transparency and no special favors would help the public feel more comfortable.
There is no mention in the above article that Mr. Forrest tried to kill himself and was in one of local hospitals on an extended 5150 hold, he was still there when he retired. The court appearance held Friday was described by an editor of the San Mateo County Times as a Secret Hearing not listed or published on the court calendar. (special favor)
This is not the first time that editor has experienced special favors/treatment by our court system for certain San Mateo County defendants.
a resident of another community
on Feb 24, 2013 at 10:55 am
Yes, why no mention of Forrest escaping to the steps of that church in the San Mateo Highlands near Hillcrest, with a knife in hand, and threatening suicide? The San Mateo Daily Journal had a good story on this. He was so out of control that he had to be Tasered by police.
Mr. Forrest was an expert in the martial arts and taught at martial arts schools. Some kids s were afraid of him of him because he was so big and had a bit of a swagger.
So it is quite cowardly of him to run away to a church and threaten suicide.
a resident of another community
on Feb 24, 2013 at 11:29 am
The church mentioned above.
Crystal Springs United Methodist Church
2145 Bunker Hill Dr, San Mateo, CA
a resident of Menlo Park: Stanford Weekend Acres
on Feb 25, 2013 at 1:24 pm
There was the Ayres case before this. Both men had easy access to at risk kids. Forrest reportedly had 400 kid porno images on a thumb drive and/or laptop that was in his office at the county. How come he felt sufficiently comfortable to bring this stuff to work? How many kids in the county may have been affected? How many more perverts are working for the county? Forrest worked with kids for Peninsula Conflict Resolution - how come they did no background check? There have been problems with Maltbie, Monks, and Bolanos and problems with dep. sheriff's stealing a guy's trumpet, employees ripping off things from decedents' estates etc. etc. There has been scandal after scandal involving county or county related personnel. Something needs to be done to eliminate some of the corruption and cut down on some of the exorbitant salaries and benefits paid out
a resident of Atherton: Lindenwood
on Feb 25, 2013 at 1:31 pm
Peter Carpenter is a registered user.
"Something needs to be done to eliminate some of the corruption "
We could start by getting rid of the current district attorney and replacing him with someone who has no current or former connection with the county government or local law enforcement. The current DA's first loyalty is to anyone who receives a county paycheck and not, as it should be, to the citizens whom he is sworn to serve.
a resident of another community
on Feb 25, 2013 at 2:26 pm
[Post removed. You need more than hearsay to make these accusations.]
a resident of Menlo Park: Stanford Weekend Acres
on Feb 25, 2013 at 3:08 pm
I would hope that any parent, (or attorney that represented a kid that was in Forrest's charge/class/counseling) starts asking their kid some questions. It is also time to evaluate PCRC (who recently got about $half a million to work with at risk kids) to see if there are any more questionable individuals in that organization. Just having pictures (even without doing anything) means that some child somewhere is being harmed. The fact that this individual has been in county employ since (I think) 1977 is horrifying and it is utterly incredible that no one knew. It is equally shocking that Forrest is getting a (huge) pension. Since his office computer was apparently seized, the DA had to have known something was up, yet Forrest still on duty and appearing before the BOS to commend other staff members.
a resident of another community
on Feb 25, 2013 at 3:24 pm
And speaking of benefits, the County is messing w/the deputy who's a former Half Moon Bay officer suffering from cancer. Even though he was absorbed by SMCSO when they took over, he's told his cancer is a pre-existing condition, based on his employ by HMB PD. It's beyond shameful & city cOuncil members won't lift a finger to help, claiming their hands are tied. Maybe that's the case, but I still smell a lot of rats.
a resident of Menlo Park: Linfield Oaks
on Apr 9, 2013 at 3:29 pm
What the ????
Stuart Forrest, who had more than 400 images of child porn on his computer, may avoid doing any prison time:
Web Link
San Mateo County's ex-chief probation officer may avoid state prison time in a case where state prosecutors have charged he had child pornography while still working for the county.
Stuart Forrest faces a maximum of three years eight months behind bars if convicted of two felony charges of possessing child pornography, but defense and prosecution attorneys as well as the judge discussed plea bargain options in San Mateo County Superior Court Tuesday that would see him avoid that penalty.
a resident of Menlo Park: other
on Apr 9, 2013 at 8:20 pm
There's a shock. The DA's office trying to protect a corrupt law enforcement official.
Wake up San Mateo County Sheeple. Do you think any of you would receive the same treatment?
Oh, I know, you're all thinking "I wouldn't have child porn." Substitute any other crime or infraction for that one and ask yourself, would the DA give me the same break he gave a law enforcement officer in the same situation? If you're honest with yourself you'll acknowledge the answer is "NO." You can be guaranteed any slack a law enforcement officer is granted in your same situation would absolutely not be given to you.
You can thank our corrupt DA.
a resident of another community
on Apr 10, 2013 at 5:20 am
The Ayres blog has the same take on the Forrest case as Menlo Viter does.
Web Link
So, Judge Robert Foiles was one of the two people to select Forrest for his job.
When he was a prosecutor who tried juveniles as adults, Foiles had at least one case where he sent a boy to Ayres. That biy has contacted his appellate attorney to say he was assaulted by Ayres and shown child porn.
Ayres and Forrest worked with juveniles for years, as did Robert Foiles.
Can anyone explain why Foiles has been making all the recent rulings on the Ayres case?


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I figure we can all use an extra lounge-type open thread this week, seeing as, well, everything. Consider this Heavily Moderated, as PZ might say. The picture above is Thistle, my rabbit who died a year ago today after a long and adventurous life. Despite being dead, he will be aiding me in moderation as he can still kick miscreant butt. It's good practice for his War on Easter.
Since this isn't a continuation of the lounge thread per se, some suggested topics: Rabbits, rats, recipes, the crying need for more threads about Jafafa Hots, the upcoming Doctor Who episode, whether Sherlock and Khan have ever been photographed together, your preferred caffeine delivery method, other animals we might have known who are lovely despite not being rabbits or rats, cupcakes, what superpower you wish you had, or the single most overplayed piece of music you love. Or suggest your own.


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SALT LAKE CITY — Based on the U.S. Supreme Court's recent ruling on Arizona's immigration enforcement law, Utah's HB497 should be able to go into effect, the Utah Attorney General's Office said Friday.
The Supreme Court ruling affirms portions of Utah's controversial immigration enforcement measure, the attorneys wrote in documents filed Friday in U.S. District Court. Other parts of Utah's law were written differently to "avoid the legal infirmities of (Arizona's) SB1070."
The Supreme Court decision "reflects that the state of Utah acted prudently when it rejected some of the Arizona provisions and reworked others" in drafting Utah's law, state attorneys wrote.
In a 20-page response filed Friday in U.S. District Court, state attorneys maintained that the Supreme Court decision specifically "cleared the path for Utah's verification provision."
HB497, passed by the Utah Legislature in 2011, requires police to verify the immigration status of people arrested for felonies and class A misdemeanors as well as those booked into jail on class B and class C misdemeanors. It also says officers may attempt to verify the status of people who are detained for class B and class C misdemeanors.
This verification, state attorneys contend, is not pre-empted by federal law nor does it violate the supremacy clause.
"On that basis alone, Utah's verification provision should likewise be upheld; but even more so because Utah's law is less invasive than Arizona's law," the attorneys general wrote.
Arizona law requires officers to verify a person's immigration status any time "reasonable suspicion exists that person is an alien and unlawfully present in the United States."
Utah's HB497, which has been effectively put on hold until the legal challenge by civil rights organizations and the Department of Justice play out, requires officers to determine the identification of a person.
"As Arizona's verification provision was upheld, it follows that Utah's verification provision must also be upheld," state attorneys argue.
The state attorneys' brief also disputes civil rights attorneys' contentions that a section of Utah's law creates a "de facto alien registration provision" in conflict with federal law.
The argument lacks merit because the Utah law does not affirmatively require anything that is inconsistent with federal law, the attorneys wrote. It provides that state and local law enforcement cannot prevent local authorities from assisting the federal government.
"Utah agrees that a state may not set up its own alien registration process. A plain reading of Section 6 demonstrates, however, that it does nothing of the sort," state attorneys wrote.
The initial challenge to Utah's law was filed last November by attorneys representing civil rights organizations. The DOJ later intervened in the lawsuit.
U.S. District Judge Clark Waddoups conducted a six-hour hearing on the motion for preliminary injunction of the Utah law in February but held off ruling until the Supreme Court handed down the Arizona ruling.
The Supreme Court struck down key provisions of Arizona's crackdown on immigrants but ruled that a controversial section of the law regarding suspects' status could go forward.
The court ruled the state cannot criminalize the act of an undocumented person applying for a job nor establish a misdemeanor offense for the failure to carry identification that documents whether someone is in the United States legally. The court also ruled the state cannot arrest someone based solely on suspicion that the person is in the country illegally.
After the Supreme Court ruled in late June, Waddoups allowed attorneys for the plaintiffs and the government additional time to file supplemental briefs.
While Waddoups indicated in a subsequent order that he intends to hold a hearing at the conclusion of the briefing process, state attorneys argued that another hearing was unnecessary given "the breadth of the prior hearing and narrow nature of this supplemental briefing."


text: The Comeragh Mountains are a remarkably varied range, stretching from the coast near Dungarvan inland as far as Clonmel. The Nire Valley reaches into the heart of the range, not only offers good access, but also featuring an annual walking festival, introducing hundreds of walkers to the joys and challenge of walking in these mountains. The central part of the Comeragh Mountains features a boggy plateau, while the fringe features phenomenally rocky coums filled with a wonderful assortment of little Loughs.


text: "The Cat's Table is an exquisite example of the richness that can flourish in the gaps between fact and fiction.... It is an adventure story, it is a meditation on power, memory, art, childhood, love and loss. It displays a technique so formidable as to seem almost playful. It is one of those rare books that one could reread an infinite number of times, and always find something new within its pages."Evening Standard (London)


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Okla. cop who helped survivors describes tornado devastation
Debris was in heaps; it looked like a war zone, said the detective, who is a bomb squad technician
By Mark Schlachtenhaufen
The Edmond Sun
EDMOND, Okla. — Like other Oklahomans, Edmond Police Detective Marion Cain was keeping an eye on the weather Monday.
The storm, which produced the tornado began at 2:45 p.m., about 4.4 miles west of Newcastle and its 20-mile long path went through Newcastle, Moore and south Oklahoma City. About 10 minutes after it formed, it was already causing EF4 damage. Maximum winds of the tornado, upgraded to an EF5, were 200-210 mph, according to information released at 2:50 p.m. Tuesday by the National Weather Service. Its estimated maximum width was 1.3 miles.
At 4 p.m., Detective Cain's shift ended. He went home and checked on his family, which includes three children — age 9, 7 and 2. Volunteers who wanted to go assist with the tornado search and rescue efforts were to report to the station in downtown Edmond.
At about 5 p.m., a column of Edmond Police Department vehicles containing a dozen officers and a K9 team, headed by Maj. Steve Thompson, sped through downtown Edmond and went south toward Moore. Detectives and a second K9 team were part of the contingency, Edmond Police Department spokeswoman Jenny Monroe said.
By about 5:30 p.m., thanks to officers who cleared I-35 as far north of Moore as they could, allowing only first responders through, Cain and the others arrived at the affected area. They checked in at the command post, which at that time was set up at a Home Depot, and waited for their assignment.
In Moore, the affected area includes untold numbers of homes — entire blocks — damaged or destroyed. Other structures hit include a hospital and the Briarwood Elementary School. Massive damage also occurred at the Plaza Towers Elementary School in Oklahoma City. Finding specific locations was hampered by the fact that street signs, in addition to complete blocks of homes, were no longer standing.
Cain said there was debris everywhere. The road was covered with dirt and mud. People were trying to get into the area to find family members; victims were leaving the area in whatever manner they could — via foot, bicycles. Most cars in the heart of the affected area when the tornado hit were inoperable. Many had been tossed by the winds and landed this way and that way, Cain said. Debris was in heaps; it looked like a war zone, said the detective, who is a bomb squad technician.
"It's all scrambled up and dropped," Cain said.
When he arrived, some victims were recovering small photographs. The officers spoke with victims, asking them if they were OK. Despite the difficulties of their circumstances, their great loss, many of them were just grateful for those who had come to help, Cain said.
It was dark when Cain went to Plaza Towers Elementary, where firefighters were removing debris as they worked to get to trapped children. Cain and other officers ensured surrounding neighborhoods had been cleared, that all ambulatory victims had been assisted.
Amongst the debris, Cain saw some photographs, appliances, the cars tossed around by the tornado. One hard to believe sight was a car engine that had been somehow pulled out of the framework and deposited 15 feet away. It looked as if the tornado had sucked items out of roofless homes, Cain said.
There were broken water pipes, the odor of natural gas. Christmas decorations stored in attacks were also strewn about here and there. A moment that struck the detective emotionally was seeing a child's school work including an art project, Cain said. It made him think about his three children, he said.
"These are kids," Cain said. "These are helpless little lives."
At about 2 a.m. Tuesday, after a long day at ground zero, Cain arrived at his home. A second group of Edmond personnel left the affected area at 5 a.m., Monroe said. Another group was scheduled to replace them at about 5 p.m. Tuesday.
Cain said, noting other Edmond officers most likely feel the same, it was important to help both the victims and the family of first responders. It's what cops do, he said.
Reprinted with permission from the Edmond Sun


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Burlington Streets: Church Street
- Item 4 of 14 in Collection: Louis L. McAllister Photographs
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Item Description
Title: Burlington Streets: Church Street
- McAllister, L. L. (Louis L.), 1877-1963
Source Document
Extent: 1 image
Date Created: 1936 , 1943, undated
Church Street looking north from Bank Street toward the Unitarian Church, Burlington, Vermont - July, 1931. Trolley tracks can be seen running the length of the road but no overhead lines (not used since 1929). To the left foreground is Beebe Pharmacy at 75 Church (Mason Gaylord Beebe?) in the Lambert building. Beebe will become Kelley's Pharmacy. Other retail stores seen. New Sherwood Hotel seen further up the street. Hotel burned in 1937. Name of McAllister's studio embossed in lower right along with type print label "Store No. 397 Burlington, Vt."
Genre(s): photographs, black-and-white photographs
Note [Digital Version]
2007-10-19, Center for Digital Initiatives, University of Vermont Libraries
Type of Resource: still image
Parent Collections
Access Conditions
For usage rights related to this resource please visit: http://cdi.uvm.edu/rights/
More information.
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Preferred citation
Burlington Streets: Church Street, Louis L. McAllister Photographs, Box A4, Folder 04, Item 13, http://cdi.uvm.edu/collections/item/mcalA04F04i13 (accessed January 24, 2018)
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New Years Day in 1895 (Tuesday) heralded the third year of the worst depression Durango and the United States had witnessed in their history. It seemed only to be getting worse, with few bright spots the Durango Daily Herald could find. But the newspaper and Durangoans did not stop trying to see positive trends on the horizon.
Jan. 1, 1895
Durango sends greeting to all mankind. The year 1894 with all its troubles and disappointments has passed ... We look forward with renewed energy. The results are encouraging for still great efforts.
A Happy and Prosperous New Year to All! The Graden Mercantile Co.
Coal production for La Plata County for 1894 will post up over 180,000 tons. The production of coal has gone on from day to day the past year with scarcely an interruption.
Durango expected to boom during the past year but as compared with last six months of 1893, the comparison of business and general activity show a decided improvement.
Smelter Production (Durango was the regions smelter center) The San Juan (smelter]) makes a fine showing for the year while the Standard [smelter] sees an increase.
The smelting of ore is a bright item in Durangos favor and that she is destined to be one of the chief smelting pins in the United States is certain.
The street cars are missed these days but the inconvenience cannot be helped as the special dynamo which runs the cars burned out and had to be sent to Denver for wiring.
Tulius Pearce came in from Denver last evening. He is here in the interest of the Gamewell Telegraph system.
In the La Plata mountains prospecting for gold has been pursed for the past twenty years. The most gratifying result of the last years exploration is the great contract ore measures.
Jan. 3, 1895
It is now anticipated that even when the income tax is collected there will be a deficit in the government revenues. Things are getting no better very fast.
Durango has added to the world the product of the mines in the vicinity more than half a million dollars in gold. In this age of gold, the fact is gratifying.
New Years resolutions should be kept at least a week.
The Y.M.C.A. will have more friends in the future. The New Years reception was a happy idea.
Reduced rates at the Durango opera house. 50 centers for reserved seats 35 cents for next grade and 25 cents for children.
Duane Smith is a Fort Lewis College history professor. Reach him at 247-2589.


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Today, Jeff and Martin (that's me!) did the show as host and co-host for the first time in at least ten years! It was an absolute blast, we had a number of very good calls, and the technical glitches that occurred — no opening music or background graphic — kind of made the whole affair feel more authentically like things were ten years ago. (Said glitches happened because neither John nor Frank were in the control room today, leaving Shelly and the remaining crew to pull some mildly panicked double duty. That they got things eventually running smoothly was quite a feat.)
Anyway, discuss and stuff.


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Indiana Governor to Cut Planned Parenthood Funding
Indiana Governor Mitch Daniels announced Friday he intends to sign a bill that will cut $3 million in state funding to Planned Parenthood of Indiana, saying both he-and most Hoosiers-oppose abortion.
"I will sign HEA 1210 when it reaches my desk a week or so from now. I supported this bill from the outset, and the recent addition of language guarding against the spending of tax dollars to support abortions creates no reason to alter my position," Daniels said in a written statement. "Any organization affected by this provision can resume receiving taxpayer dollars immediately by ceasing or separating its operations that perform abortions."
Betty Cockrum, president and CEO of Planned Parenthood of Indiana, said the lost funds will affect everything from providing healthcare services to just keeping the doors open in some areas of the state, including three offices in Northwest Indiana.
Cockrum says about a $1 million goes directly to provide services to low-income Hoosiers.
"It's pap tests, it's breast exams, birth control. It's STD (sexual transmitted disease) testing and treatment," Cockrum said. "This is just an alarming direction for public health policy in the state of Indiana."
Cockrum said the state could also cut off funding for emergency abortions in cases of rape or incest, as well as when giving birth endangers a mother's life. She noted that if these emergency services funding are cut off, her not-for-profit organization will head to court.
"We will immediately file for judicial review and seek an injunction," Cockrum said. "We do not intend to let our patients down."
In addition to funding cuts, HEA 1210 bans abortions after 20 weeks of pregnancy.
Daniels said non-abortion healthcare needs of women in the state will not be affected.
"I commissioned a careful review of access to services across the state and can confirm that all non-abortion services, whether family planning or basic women's health, will remain readily available in every one of our 92 counties," Daniels stated. "In addition, I have ordered the Family and Social Services Administration to see that Medicaid recipients receive prompt notice of nearby care options. We will take any actions necessary to ensure that vital medical care is, if anything, more widely available than before."
Daniels' decision does come with political overtones. He did not openly campaign for the bill's passage through the Indiana General Assembly, and once called for a "truce" on social issues. At the time, he said lawmakers should concentrate on budget issues.
By signing the bill, he's likely to secure additional support from conservatives who oppose abortion. Daniels is mulling a run for the Republican nomination for president.


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It is a pleasure to be here once again to speak to you. As you may remember, almost one year ago to the day, I spoke to you on the Ocean Shipping Reform Act and what the Federal Maritime Commission was doing to implement that recently enacted statute.
Well, a lot has happened since then: 1) the Commission completed its arduous task of adopting final rules to implement OSRA in an exceedingly short time-frame; 2) OSRA went into effect on May 1, 1999; and 3) for the past three quarters of a year, the ocean transportation industry has had an opportunity to adjust itself to this new statutory scheme.
Today, in keeping with the theme of your conference - "Transport Challenges" - I will discuss some of the changes and trends we have seen in the ocean transportation industry as a result of OSRA, and some of the changes that have occurred at the FMC. I will also discuss the Commission's recent decision with regard to ocean carrier practices in the transpacific trades during the 1998 shipping season.
Some have referred to OSRA as a deregulatory bill - I prefer to view it as "reregulation," but in the general direction of deregulation. Nonetheless, OSRA altered the Shipping Act of 1984, the statute that serves as the focus of our oversight of the ocean transportation industry, in several significant ways. From a shipper's perspective, the primary benefits of OSRA are: 1) the ability to enter into confidential service contracts with ocean common carriers; and 2) the reduction in the power of traditional conferences to regulate or prohibit service contracting by their members, i.e. it allows independent service contracting by conference members. On the ocean carriers' side of the equation, they retained the ability to obtain antitrust immunity to collectively set rates and coordinate capacity. In addition, agreements may adopt voluntary, confidential guidelines relating to service contracts and only ocean common carriers, as opposed to NVOCCs, can offer service contracts to shippers.
OSRA's service contract changes have opened the door to a lot more innovation in service contracting and more individualized, one-on-one contracting between shippers and carriers. Not surprisingly, the number of service contracts filed with the Commission has increased dramatically. From May to December 31, 1999, we received a total of 84,643 service contract filings: 25,545 were original contracts and the rest were amendments. This represents an increase of 142% over the same period in 1998. We expect this trend to continue in 2000, especially during the upcoming contract negotiation season. We also believe that shippers will become more adept at negotiating contracts that meet their particular needs, once they have gained experience under this new regime.
As an aside, I would also like to note that in a short, 3-month period, the Commission adopted a system that enabled the industry to use off-the-shelf software and the internet to file their contracts in a simple, nearly cost-free, manner. I am proud of the fact that the Commission was able to adopt such a system in response to earlier industry concerns.
One of the most obvious changes resulting from OSRA's liberalization of service contracting was a sharp reduction in pricing agreements. No truly new conference -- that is, one that doesn't simply replace an existing conference -- has been established since November 1998; and the number of active conference agreements on file has declined by a third -- from 33 to 22. That includes, of course, the suspension of the two inbound transpacific conferences (ANERA and the Japan Freight Conference) and the disbanding of TWRA. So, with discussion agreements already in place in most U.S. trades, operational agreements -- mainly vessel sharing arrangements -- are now the predominant form of agreement being filed with the Commission.
One possible interpretation of this change is that discussion agreements are the clear forum-of-choice for carriers' collective pricing activities -- and are likely to remain so. They allow carriers to set broad policies and exchange information, rather than set individual rates. In addition, new vessel sharing agreements are being established in an effort to reduce costs, and perhaps, rationalize trade-wide capacity.
There is also one "non-trend" worth mentioning. Prior to OSRA's implementation, we anticipated that there might be a significant number of new agreements seeking joint service contracting authority -- for example, by global alliances. So far, however, we have had less than a handful of such agreements filed by individual lines. Instead, most joint contracting authority has been established under discussion agreements. And that non-trend makes perfect sense, given that most major lines are members of discussion agreements, and it's far simpler and less expensive for individual lines to obtain broad joint contracting authority under the auspices of these large umbrella organizations than to file separate, and more limited, individual agreements.
Another OSRA-related change involving discussion agreements is the filing of confidential voluntary service contract guidelines. OSRA, as you know, allows carriers to adopt -- on a voluntary basis -- collective guidelines with respect to the contents of, and sharing of information about, their individual service contracts. Those guidelines are then to be filed confidentially with the Commission, where we review them -- in the context of existing economic conditions and collective carrier activities in the affected trades -- to ensure that they will not contribute to an unreasonable increase in transportation costs or decrease in service.
So far we've received fewer than a dozen sets of guidelines -- almost all of them by discussion agreements. Collectively, these guidelines cover contracting in most of the major U.S. trades including the transpacific trades, South America, the Middle East, Australia, and the Caribbean. No contract guidelines have been filed for the US/Europe trades because, as you know, adoption of service contract guidelines is proscribed by the European Union.
Since the contents of the guidelines are confidential, I won't be discussing particular cases today. But I can say that, in general, the filed guidelines embody a variety of different approaches -- ranging from detailed lists that cover general rate increases, a wide assortment of charges and terms, and common language on contract confidentiality, to lists of particular commodity groups, rates and effective dates for contracts, to simple declarations of general contracting policies and alternatives. Whether these different sets of guidelines will become more standardized as time passes and additional experience is gained remains to be seen. Certainly the development, use, and impact of voluntary service contract guidelines is something the Commission will be taking a close look at in our day-to-day monitoring of agreements and in our two-year OSRA study.
It appears that the guidelines are being developed mainly within discussion agreements in an effort to make possible continued solidarity on the pricing policies adopted by their members. We expect that the commercial impact of these guidelines will vary significantly from trade to trade depending on the economic conditions in each trade, and the pricing policies being pursued by each discussion agreement.
As you may be aware, Fact Finding Investigation No. 23, the Commission's non-adjudicatory fact finding investigation of carrier activities in the eastbound transpacific trade during the peak shipping season of 1998, was recently completed to less than thunderous applause from the press and some in the industry. Let me say just a few words about that effort, as well as the associated proceeding concerning the "opt out" provision used in the 1998 ANERA service contracts, and Commission enforcement efforts.
The fact finding was undertaken amidst press reports and numerous shippers' informal protests to the Commission about carrier behavior during the peak season in the fall of 1998. We put a short fuse on the fact finding investigation in order to conduct a timely examination of what was alleged to be inappropriate carrier responses to unanticipated and rare trade conditions: demand outstripping supply. The effort was undertaken to make both the carriers and affected shippers aware of the Commission's intention to pursue the allegations and to secure evidence of specific instances of Shipping Act violations which would be necessary for any adjudicatory enforcement proceedings.
With respect to the hoped-for use of the fact finding as an evidentiary tool, however, shippers affected by the complained-of practices were reluctant to come forward, either publicly by testifying at hearings held across the country, or by supplying testamentary or other documents. Some shippers gave as a reason for their reluctance a fear of retaliation by carriers with which they necessarily have ongoing relations. This aversion never abated. It has been suggested that other NVOCCs declined to come forward lest their own rate actions in response to carrier pressures undergo scrutiny by the FMC. Whatever the basis of such fears or disinclination to step forward, the usefulness of the fact finding investigation as a base from which the Commission could develop specific evidence of carrier wrongdoing was severely hampered. I offer no apologies for that: the Commission's role in enforcing the Shipping Act is circumscribed by the same evidentiary and procedural constraints affecting other enforcement agencies. Nor am I criticizing or blaming shippers, many of whom appeared uncertain as to whether the carrier actions were legitimate, albeit cut-throat, marketplace decisions, or were in fact violations of statutes.
Some, including Commissioner Del Won, have voiced disappointment with the outcome of the investigation as a whole and particularly at the focus of the Commission's enforcement efforts on individual carrier lapses rather than the collective nature of the alleged wrongdoing. I share that latter view. As I have already publicly indicated, I would have preferred to look further into the question of the degree to which the alleged carrier abuses were facilitated or enabled by their collective authority and activities. However, there was obviously no consensus among what was then our body of four Commissioners to go further in that direction.
At the same time, I would also note that the Commission did address concerted activity in some respects. For example, our proceeding on "opt out" provisions addressed a conference practice which permitted carriers to claim entitlement to shippers' committed cargo on the one hand, but on the other hand, allowed the carriers to avoid the contracts' rates by "opting out" of the contracts and imposing their higher tariff rates instead. That practice was found to be unlawful, not merely as exercised in a specific contract or by a specific carrier, but across the board, and will serve as precedent governing future carrier contracting activity. Similarly, our staff settled another claim against carriers who had not fully supplied information on conference meetings. This was an ancillary and supporting part of the effort to secure the information necessary to assess the carriers' concerted activities.
Nevertheless, I recognize that some may remain disappointed that the FMC's investigatory activity did not result in million dollar penalties for the carriers. I am satisfied, however, with the caveat expressed earlier, that our efforts achieved several intended results. Some of the carrier activity - for example, terminating contracts when it was permissible to do so because the shipper had satisfied its minimum cargo commitment - turned out to be perfectly legal, and for shippers who have grown unaccustomed to demand outstripping supply, the events proved a valuable lesson about what kind of contracts they should sign in the future. The hearings and publicity attendant to our efforts also appeared to serve as an adequate warning to carriers as to the Commission's view of the lawful boundaries of carrier responses to high demand for cargo space. Although similar economic conditions occurred in the 1999 service contract year, recurrences of the complained-of actions do not appear to have taken place.
Despite what you read in the press, enforcement efforts continue. Other cases relating to this controversy are still being pursued, as the Commission has authorized its enforcement staff to continue to follow up on leads. The fact that we issued a report at the end of the year to summarize our activities to date, and terminate the formal proceeding, does not indicate we are washing our hands of the issue. There were numerous public requests for a report on our efforts to date, and we also needed to wrap up what we could prior to the December 31, 1999 retirement and departure of one of the Commission members, Ming Hsu, whose vote was an essential component of the Commission's decisions.
We continue to take our enforcement responsibilities seriously at the FMC, but our general approach, which reflects the intent of OSRA, is that our primary objective is to achieve compliance and to clarify uncertainty as to legal issues, not to play "Gotcha" and impose penalties for their own sake. Penalties are and will be an important device in our enforcement arsenal, but their appropriateness will depend on the situation. Together with my fellow Commissioners, I look forward to carrying out OSRA's objectives of clarifying the law and ensuring that illegal behavior ceases.
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