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Rockies Minor League Report: Nelson hits, Brothers struggles at Triple-A
There was a bit of good news and a lot of bad news for Triple-A Colorado Springs in it's 9-5 loss to Oklahoma City on Tuesday.
The good: Rockies Third baseman Chris Nelson, on a rehab assignment as he comes back from an injured wrist, had three hits, including a double, and scored two runs. Left fielder Andrew Brown also had three hits, including a double, with two RBIs.
The bad: Lefty reliever Rex Brothers, in his first start since being sent down last weekend, continues to struggle with command. In two innings, he walked two, allowed two hits and gave up a run. He did strike out five, showing that his dynamic stuff is very effective — when he can harness it.
Also, started Edgar Gonzalez served up two homers, including a three-run shot, in his four innings.
Lake Elsinore 6, High-A Modesto 0
The Nuts were dominated by Lake Elsinore starter Matt Andriese, who threw seven shutout innings.
Modesto starter Juan Gonzalez took the loss, falling to 2-5. However, he improved from his last start when he gave up 13 hits and 10 runs last week against Stockton. Gonzalez walked just one in six innings, but he gave up three runs on eight hits over six innings, including a homer.
Low-A Asheville 11, Greenville 9
Catcher Will Sanner (.330 avg.) continues to show power at the plate. He hit a three-run homer and a double and finished with five RBIs. All told, the Tourists his four home runs.
Tyler Massey has three singles and scored twice.
Double-A Tulsa off
The Drillers were off on Tuesday. They open a six-game homestand tonight.

subset: commoncrawl


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Glow in the Dark Projects
September 26, 2012 Leave a comment
Fall is here and the days are getting shorter. The sun sets earlier and earlier until it's dark before supper! Of course, here at The MAKESHOP Show that inspires us to make things – things that gloooooowww in the daaaaark. (And just in time for Halloween!)
We hunted the internet for the coolest Glow in the Dark Projects for kid-makers just like you!
- Glow in the Dark Bubbles by crafts4boys.com
- Glow in the Dark Nail Polish by Cut Out + Keep
- Glow in the Dark Real Flowers by NurdRage
- Glow in the Dark Jello (also works with ice!) by About.com
- Homemade Black Light Paint by eHow.com
- Light Up Wristbands by The MAKESHOP Show
- Giant DIY "Light Bright" by the MAKESHOP Show
- Plus, check out this collection of other glowing project ideas by About.com's Chemistry team.
Why do these materials glow?
Many of these projects use familiar things like highlighters, laundry detergent and glow sticks in surprising new ways. When you make them, you're making with photoluminescent materials that react to light in different ways. Two different types are fluorescence and phosphorescence – click here for a quick explanation and gallery of examples from Dr. Helmenstine at About.com. Making + chemistry = awesome projects.
Stay calm and glow on, kid-makers!
*SAFETY NOTE: While all of these projects can be done with kid-safe, non-toxic substances, ALWAYS check your labels to make sure that the highlighters or glow sticks you're using are that kind. Never eat, drink or sniff chemicals of any kind, even if they are normal household chemicals. Stay safe and make on, kid-makers!
© 2012 Children's Museum of Pittsburgh


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Thursday, June 08, 2006
Intrusive intrusive /r/
Two questions arise: who does this, and why? In answering one we will answer the other.
First off, as you undoubtedly know, some dialects of English are non-rhotic - that is, they drop the /r/ sound when it occurs after vowels - but not before them. A consequence of this is that the dropped /r/s come back when they are immediately before a word starting with a vowel. Thus in "Let It Be" Paul McCartney sings "In my hour of da(r)kness" and "There is still a light that shines on me." So intrusive /r/ happens when a word sounds like it has a dropped /r/ at the end but doesn't really, and the phantom /r/ appears precisely where a dropped /r/ would reappear, before a vowel.
Do all English speakers who drop /r/s have intrusive /r/? In a word, no. The key phrase in the paragraph above is "when a word sounds like it has a dropped /r/ at the end but doesn't. See, in some /r/ dropping dialects (such as African American, or the dwindling /r/ dropping white Southern dialects) the dropped /r/ alters the preceding vowel. In these dialects, then, 'manna' and 'manner' don't sound the same, so the confusion that gives rise to intrusive /r/ isn't present, and as a result there is no intrusive /r/.
All this is very complicated, and it's no wonder, then, that my grandfather had trouble mimicking it. Though Peter Trudgill's examples of people misusing intrusive /r/ in British pop songs may be problematic, the phenomenon, which I will dub 'intrusive intrusive /r/' is a very real one, and the point Trudgill is trying to make - namely, that people aren't as good as they think they are at miimcking other dialects - is entirely valid.
In the comments to my last post the question arose why a British professer would pronounce the name Echa as 'Eker.' After all, don't non-rhotic Brits have intrusive /r/? Shouldn't he therefore know how to use it. I would suggest two possible explanations:
1. He was mocking rhotic American dialects, but misanalyzing them and overgeneralizing. More likely, though, is the explanation suggested by the fact that
2. In British English intrusive /r/ is stigmatized, and this professor spoke a fairly posh dialect. I suspect, then, that intrusive /r/ is as foreign to him as was to my grandfather, and he too misanalyzed the phenomenon, and, attempting to employ it mockingly, misused it.
On an unrelated note, I want to acknowledge the sad fact that Billy Preston died on Monday. Honor his memory by reading my two posts about him.
14 comments:
- ~J said...
Interesting comments. Even though I was born and raised in Chicago, I've got a lot of Bostonians in my family and blame them for the times I have found myself saying something like 'so I sawr a thing on the television the other day', my tendancy to add an 'r' on the end of 'saw' before a vowel was brought to my attention when I moved to southern Indiana for school and for some reason that particular affectation was more noticable there than where I grew up (otherwise I might have quit doing it, now that I'm in my 30's it takes effort not to, and I can't be bothered).
- Ben said...
Hi, Tilde Jay -
As my brother-in-law in New Zealand would say, Good on you! Keep talking the way you talk, even if people laugh. I myself had a similar experience of being dialectologicaly radicalized by college. It's interesting, but not entirely surprising that your Bostonian feature played better in Chicago than Bloomington. In my experience, a Chicago accent gets a lot more attention in Oregon than in New York. This is probably due mostly to the greater cosmopolitanism of New York and Chicago, compared to Oregon and Southern Indiana, respectively, but I think another factor is that there is a deep kinship among the urban dialects of the northeastern quadrant of the US. This is why Dennis Franz can play a New Yorker and no one objects.
- Ben Zimmer said...
What you're calling "intrusive intrusive /r/" is common among speakers of a non-rhotic background who are shifting to a new rhotic prestige model. (This is related to the explanation given for the South Midland pronunciation of "wash" as "warsh", which supposedly developed as a hypercorrection resulting from the non-rhotic Southern pattern's loss of prestige. When the rhotic pattern became prestigious in the region, "war" changed from [wO:] to [wOr], and some speakers added r's to other forms like "wash".)
I heard one truly amazing example of a speaker with "intrusive intrusive /r/" - Norman Siegel, a civil rights attorney and housing advocate from Brooklyn. Listen to this interview with Siegel on WNYC. I discussed Siegel's hyper-rhoticity in more detail on alt.usage.english last year.
- Ben said...
I must admit that I'm a bit dubious about that explanation of the origin of "warsh" - first of all, to my ear non-rhotic Southern accents are way more prestigious than rhotic Southern and South Midland ones; the former sounds like plantation owners, and the latter sounds like toothless hicks. Also, the geography seems a bit screwy - how far east does "warsh" go? I don't know and I don't have any maps or data about it, but I'd be surprised if it went too far east of the mountains - still far from any non-rhotic area I know of. To me it seems simpler to explain it as an odd development of an odd vowel in an odd environment.
But I guess I don't know a lot about the history of /r/-lessness in the south, and it could be possible that it was once much more widespread and not prestigious.
The link to the Siegel interview didn't work - a shame; I'm eager to hear it. Siegel is a combatant in the fight over the future of my Manhattanville neighborhood. Me, I'm neutral.
- Ben Zimmer said...
The WNYC link works fine for me. Here's a direct link to the streaming audio:
The explanation I remember hearing about "warsh" is that the Southern non-rhotic pattern became stigmatized in the South Midland region after the Civil War. But I'd have to check Labov to see if my recollection has any validity.
- AJD said...
The south did go through a sudden reversal of prestige of rhoticity, yes—but the South Midland was always rhotic. Indeed, Labov's account of it is that the model for the prestige Southern accent shifted from the coast (nonrhotic Richmond and Savannah) to rhotic inland areas. So I don't see how you'd get hypercorrection in the South Midland from that.
- Ben Zimmer said...
OK, I must have misremembered the explanation I heard in a lecture on phonological change. So what is the Labovian explanation for South Midland "warsh"?
- AJD said...
I don't know if he has an explanation for it, actually.
- Ben said...
Wow, that turned into an interesting exchange. A thread, if you will. I'm even more partial now to the theory I made up a few days ago to explain this phenomenon, that is, that it's a weird vowel development in a weird environment. The only other words I can think of where there's intrusive /r/ in southern Midland speech are "squarsh", "gorsh", and "Warshington." How many common words even have this vowel before that consonant? Not many, right?
- AJD said...
Yeah, I was just talking about this with Keelan. The fact that it happens in all of "squash", "wash", and "Washington" indicates that it's a regular sound change, not a lexical diffusion or analogy of any kind—or at least that it started out that way. [S] is sort of articulatorily similar to [r] anyway, nu?
- Ben said...
[S] is articulatorily similar to [r], emes. Speaking of [r], [S] and Yiddish, a development I like in Yiddish is the shift from [rs] to [rS], so that NHG 'erst' corresponds to 'ersht', 'anders' to 'andersh', etc.
- Antonieta Dinosaur said...
What do you mean when you say the intrusive r is stigmatized in British english?, do you mean it belong to the posh side of society or the other way around?. I'm just getting into these new concepts, I'm just inlove with phonetics and languages. Your blog is terrific
- Anonymous said...
Intrusive "R"s between words such as 'saw it' are common (virtually standard) in English, Australian, MZ, and Sth African brands of English. Saying 'saWit' would round ridiculous in those accents, so it's either 'sawRit' (Beatles style) if spoken quickly/normally, or, if the words are being emphasised, they are almost said individually (so no R required).
I think it's accents like the Boston accent, which used to be rhotic but lost the R for prestige reasons (in 19th Century), who at that time almost hypercorrected their non-R's to the point that 'saw it' has no R, and even a word like 'mannerism' is pronounced without the R! ('mannah-ism') When the r would always be pronounced in England and Australia.
- Anonymous said...
Just now listening FOYLE'S WAR, Season 1, Episode 3: young "high-born" woman says, "Of course, it was a bad idea(r), it was my idea." I'm a midwestern American, fairly void of an accent, despite my being dropped into the Texas, where only God-knows-what is fairly frequently spoken. But i have to say that the intrusive r annoys me. It's just not there.


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By John Goralski
Sports Writer
The January chill was broken by thundering hooves as
steered her horse TeeJay toward a barrel at the back of the Wolcott barn. The earth shook as the two raced toward the barrel, and a plume of dust filled the air as they banked into a turn.
The Kennedy Middle School student wiped the dirt from her face as the horse trotted back towards two family members and a visitor at the side of the indoor arena, but Renn made no effort to hide her smile. Behind her, the barrel still seemed to teeter in the dirt.
It's easy to see why the local rider has turned heads in the rodeo sport of barrel racing. Even on a day that's too cold for skiers, Renn was honing her craft in the chilly stable enclosure.
"You don't take too many days off when you ride at this level," her father says to a visitor with a look of proud satisfaction.
Rain or shine. Cold of winter or heat of summer. Renn is practicing break-neck turns with her 1,100 pound quarterhorse. The two spend hours each day circling poles and barrels to get ready for their next weekend tournament.
It's no surprise that Abramczyk-Dubiel is the defending Connecicut youth champion for the National Barrel Horse Association.
"My arms hurt a lot because of the training that I do," she said. "There's a lot of pulling. Some days I'm really sore after working him, but it's worth it."
Renn has only been riding seriously since 2007 when she attended horse camp, but that sparked an obsession that graduated the young rider from pleasure riding to small Western-style competitions. Four years later, she switched to barrel racing, and that began a whirlwind climb to the top of the rankings.
"It's a lot of fun," she said. "I always get the jitters before I go out in the ring, but it all goes away once it starts."
Barrel racing is a rodeo event where riders negotiate horses in tight patterns against the clock. It includes 'dash' racing where there's just one barrel that a rider needs to circle. There is 'pole bending' competitions where six or seven poles are situated in a sort of slalom event, and there's barrel racing which challenges a rider to run tight circles around barrels displayed in a tight triangle course.
"The hardest thing is not knocking the barrels over," she said. "I've gone against plastic barrels and metal barrels. If you get really close, you can hit your knee against it. That really hurts, but you have to work on getting as close as you can. It's an ongoing thing."
The competitive season runs from May through September, and for the past two seasons Renn and TeeJay have competed in both the open and youth divisions. Weekends take the pair to stables throughout Connecticut and Massachusetts for competitions that can attract hundreds of competitors.
"It's almost like a family. Even those guys that you race against are like family," she said. "Everyone cheers for you no matter what. It isn't based on how you're dressed or anything like that. It's based on your time and how well you can do with your horse."
For Renn and TeeJay, it didn't take long to turn some heads. In their 2012 rookie year, they climbed to third place in the Youth 3D division and finished sixth in the open division. Last fall, they moved up to third place in the open division, and they finished near the top of the rankings in all four youth divisions. They scored sixth place in the top youth division, and they captured the overall state title in the Youth 2D division.
During her final competition in September, Renn and TeeJay came in under 16 seconds for the first time in their careers, and it pushed Renn over the top in the final standings. She talks about the accomplishment like a proud mother describing her child.
"I was really proud of him. I never thought I'd be able to do that with him," she said. "He usually runs between 16 and 17 seconds, but when he broke into the 15s it was just amazing. No one really knew if he was capable of doing it, and he really had to push himself to get there."
This spring, she expects to take the next step beginning with the New York Super Show in Syracuse in March.
The young rider expects to compete in the Colonial Nationals in Virginia at the end of the season. She hopes to, one day, qualify for the youth world championship in Georgia or even the National Finals Rodeo in Las Vegas—the sports Super Bowl competition.
She said that she hopes her success will bring attention to the sport she loves.
"There are always people out there that don't think that horseback riding is actually a sport," she said. "They know that horse racing like the Kentucky Derby is a sport, but I want to show people that horseback riding is a real sport. It's in the Olympics. It's just like football, basketball, and everything else."
To comment on this story or to contact sports writer John Goralski, email him at jgoralski@ southingtonobserver.com.


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May 2, 2009
By Babson College Sports Information
BABSON PARK, Mass. -- Second-seeded Springfield College used a key 5-0 run midway through the second half to build a four-goal lead en route to an eventual 14-12 win over third-seeded MIT in the semifinal round of the New England Women's and Men's Athletic Conference Tournament at Babson College on Saturday afternoon.
With the victory, the Pride (12-5) advance to Sunday's championship game against host and top seed Babson at 1 p.m. The Beavers will be seeking their third consecutive conference title, while Springfield will be vying for its fourth NEWMAC Championship and third in the last five years.
The defeat ended a spectacular 2009 campaign for MIT, which finished the year with a mark of 13-5. The 13 victories are the most in the 18-year history of the Engineers' women's lacrosse program, surpassing the previous mark of 10 wins set back in 1995.
Pacing the Springfield attack was Alexandra Bazzano, who tallied four goals while also collecting a team-high five groundballs. Kaeleigh Lannan added three goals for the Pride as Erin Doolan, Heather Dobson, and Nicole Soucie each contributed two goals apiece. Jenn Zubkus chipped in with one goal, two assists, and three draw controls, and goalie Lauren McAulay finished an all-around stellar performance with eight saves, four groundballs, and four caused turnovers.
MIT's balanced attack featured three goals from Edith Reshef, two goals and one assist from Erica Little and Stephanie Brenman, and two scores each from Samantha O'Keefe and Kelly Duncan. Lynne Tye also scored for the Engineers, while Brenman added four draw controls and 13 face-off victories. Also playing well for MIT were Stephanie Leger, who led all players with five draw controls, Alex Wright, who added four groundballs and two caused turnovers, and goalie Molly McCartin, who made seven saves and picked up three groundballs.
In a hard-fought contest that featured six ties and three lead changes, MIT jumped ahead 2-0 after back-to-back scores by Brenman in the first three minutes. Springfield answered with consecutive goals by Dobson and Soucie to knot the score at 2-2 - the first of four deadlocks in the opening half. The Pride eventually built the largest lead of the period after Doolan netted two straight goals to make it 6-4 with just over 10 minutes remaining, but MIT battled back to pull even again on scores by Little and O'Keefe. Bazzano then struck with 1:02 left in the session to give Springfield a slim 7-6 edge heading into the break.
Bazzano opened the second half with another score to push the Pride's lead back to two, but Reshef tallied back-to-back strikes and O'Keefe netted her second of the game to move MIT in front, 9-8, with 21:04 left to play. However, Springfield responded with a pivotal 5-0 run over the next 11 minutes to take the largest lead of the game for either team, 13-9. Zubkus sparked the run with a goal at 19:47, followed by scores from Dobson at 17:52 and Bazzano at 16:49. Lannan then capped off the spurt with consecutive scores at 12:04 and 10:34, giving the Pride a four-goal cushion.
MIT refused to go quietly, as Duncan and Little each scored on free position shot to cut the Engineers' deficit to two, 13-11, with 7:07 on the clock. However, Lannan punctuated a stellar second half with her third goal of the game at 1:49, all but ending the Engineers' comeback hopes. Reshef would strike again for MIT with 24 seconds remaining to cut it back to two, but it would not be enough to prevent the eventual 14-12 Springfield win.


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- / World & News
- / Countries of the World
- / Malawi
Facts & Figures
President: Joyce Banda (2012)
Land area: 36,324 sq mi (94,079 sq km); total area: 45,745 sq mi (118,480 sq km)
Population (2013 est.): 16,777,547 (growth rate: 2.758%); birth rate: 40.42/1000; infant mortality rate: 79.2/1000; life expectancy: 52.31
Capital (2009 est.): Lilongwe, 821,000
Largest city: Blantyre, 856,000
Monetary unit: Kwacha
- Malawi Main Page
- Malawi Gains Independence from Britain
- Malawi's First Free Elections
Malawi is a landlocked country about the size of Pennsylvania. Located in southeast Africa, it is surrounded by Mozambique, Zambia, and Tanzania. Lake Malawi, formerly Lake Nyasa, occupies most of the country's eastern border. The north-south Rift Valley is flanked by mountain ranges and high plateau areas.
Multiparty democracy.
Early human inhabitants of what is now Malawi date to 8000–2000 B.C. Bantu-speaking peoples migrated there between the 1st and 4th centuries A.D. A large slave trade took place in the 18th and 19th centuries and brought Islam to the region. At the same time, missionaries introduced Christianity. Several major kingdoms were established in the precolonial period: the Maravi in 1480, the Ngonde in 1600, and the Chikulamayembe in the 18th century.
The first European to make extensive explorations in the area was David Livingstone in the 1850s and 1860s. In 1884, Cecil Rhodes's British South African Company received a charter to develop the country. The company came into conflict with the Arab slavers in 1887–1889. Britain annexed what was then called the Nyasaland territory in 1891 and made it a protectorate in 1892. Sir Harry Johnstone, the first high commissioner, used Royal Navy gunboats to wipe out the slavers.
Between 1951 and 1953, Britain combined Nyasaland with the colonies of Northern and Southern Rhodesia to form a federation, a move protested by black Africans who were wary of alignment with the ultra conservative white minority rule in South Rhodesia.
Malawi Gains Independence from Britain
On July 6, 1964, Nyasaland became the independent nation of Malawi. Two years later, it became a republic within the Commonwealth of Nations. Dr. Hastings K. Banda became Malawi's first prime minister (a title later changed to president). In his first month as ruler, he declared, "one party, one leader, one government, and no nonsense about it." In 1971, he became president for life, further consolidating his authoritarian rule. In addition to allowing former colonialists to retain considerable power in the country, he maintained warm relations with the white minority government of South Africa. These policies drew heavy criticism from citizens of Malawi and other African nations. In 1992, Banda faced violent protests.
Malawi's First Free Elections
Bakili Muluzi of the United Democratic Front (UDF) won the country's first free election in May 1994, ending Banda's 30-year rule. In 1999, Muluzi was reelected. While Malawi was no longer the repressive society it was under Banda, Muluzi's government was tainted by corruption scandals. Senior officials are believed to have sold off 160,000 tons of reserve maize in 2000, despite the signs of a coming famine. In 2002 and 2003, the country faced severe food shortages, with more than 3 million people suffering.
In May 2004, Bingu wa Mutharika, an economist and a crony of Muluzi, was elected president in elections that were widely considered irregular.
Malawi faced its worst food shortage in over a decade in 2005, with more than 4 million people, 34% of the population, without adequate food supplies.
President Mutharika won reelection in a landslide in May 2009 elections, taking 66% of the vote. John Tembo came in a distant second with 30.7%. Mutharika died unexpectedly of a heart attack in April 2012. Vice president Joyce Banda assumed the role of president. Once an ally of Mutharika, the two parted ways in a row over succession—Mutharika had reportedly been grooming his brother Peter to become the next president. She was ousted from the governing Democratic Progressive Party and formed her own, the People's Party. The economy improved under Banda, with the GDP growing from 2% in 2012 to 5% in 2013 and the resumption of international aid.
In March 2013, Peter Mutharika and 11 other current and former ministers were charged with treason for attempting to prevent Banda from taking over as president in 2012.
Banda dissolved her cabinet in October 2013 after 10 government officials were arrested on charges of stealing as much as $32 million in state funds. Cash was found stashed in the cars and homes of the officials. Foreign aid dried up after the scandal. The allegations of corruption and the downward trend of the economy put Banda at a disadvantage in May 2014's presidential election. She faced off against Peter Mutharika and Lazarus Chakwera, a pastor. Mutharika, who faces treason charges, prevailed, taking 36.4%. Banda placed third, with about 20%, behind Chakwera, who garnered 27.8%. Banda claimed the vote was rigged.
See also Encyclopedia: Malawi .
U.S. State Dept. Country Notes: Malawi
National Statistical Office www.nso.malawi.net/ .


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Quote:Contrary to that though, is that Lee never really mastered any particular art and could well have missed some great revelations in his studies. I would imagine that if he studied with Yip Man in WC, he could have gleened enough of it to not need all of the boxing, grappling, fencing, etc. etc. that he incorporated into JKD.
Quote:lol i never said there was anything wrong with talking about Bruce lee.
Quote:lol i never said there was anything wrong with talking about Bruce lee. My message was kind of towards people who just are obsessed about him or say something like "If Bruce...". Sorry if I offended, I know he has to be talked about somewhat. Anyways, back to talkting about JKD, I'd write something, but I think I'll re-read for something that hasnt been said then put it.
Quote: Wosaw -There's nothing wrong with talking about Bruce Lee...
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text:
Since opinion polling on public approval of presidents began in the late 1940s, there's only been one president who never fell below the 50 percent public approval mark: Dwight Eisenhower. Remember that this is the president that "all thinking people" (as Adlai Stevenson arrogated to himself the right to represent) regarded as a do-nothing dummy. "Heard about the Eisenhower doll?", went a joke at the time; "You wind it up and it stands there for eight years." Rim-shot please. It took an honest liberal, Murray Kempton, to begin to perceive (after the fact) what "all thinking people" missed: "He was the great tortoise upon whose back the world sat for eight years. We laughed at him; we talked wistfully about moving; and all the while we never knew the cunning beneath the shell."
Of course, Eisenhower understood several things that Obama will never understand. First, it wasn't all about him. To the contrary, he consistently resisted the pleas of his political advisers to make more televised speeches about issues. To one such plea, Ike responded:
"I keep telling you fellows I don't like to do this sort of thing. I can think of nothing more boring, for the American public, than to have to sit in their living rooms for a whole half hour looking at my face on their television screens. . . I don't think the people want to be listening to a Roosevelt, sounding as if he were one of the Apostles, or the partisan yipping of a Truman."
Ike also knew that he was the first and only president since George Washington who would be remembered more for what he did before he became president (i.e., plan D-Day, win the war in Europe, etc.).
It is possible that Obama will ironically become better known for what he did before he became president. Nothing, you might say, and you'd be right for thinking this, but I submit that his pre-presidential nothing looks a lot better than the something he's done in office. In any case, the gap between Obama's pre-2008 promise and his performance in office constitutes a greatness-chasm between boast and accomplishment that would make Muhammad Ali blush. At least "I am the greatest" Ali could land a punch.
These thoughts come to mind in connection with Obama's slowly sliding approval ratings, which place him just one mistake or adverse event away from breaking the unofficial over-under line of 40 percent. There's only one president who has ever recovered from two sub-40 approval dives: Ronald Reagan. He got many things done, and, needless to say, and the country prospered. Every other president who has slipped below a 40 percent approval rating was essentially done. A compliant media may be able to sustain Obama above 40 for a little while, but even the hordes of hacks can't prevent the audible quacks of this lamest of ducks.


text:
Unofficial Opinion 2009-2
District Attorney
Because of the constitutional requirement that the branches of government must remain forever separate and distinct, an assistant district attorney, whether paid by a county or by the State, may not serve as a member of the General Assembly.
You have asked my opinion whether an assistant district attorney on your staff, whose position is paid by county rather than state funds, may serve as a member of the Georgia General Assembly. It is my unofficial opinion that because an assistant district attorney serves as an officer of the judicial branch of state government and because the Georgia Constitution requires that the branches of government remain separate and distinct, an assistant district attorney may not serve as a member of the legislature in the General Assembly regardless of the source of the funding for the position.
The office of a district attorney is created for each judicial circuit in the state as a part of the judicial branch of state government pursuant to Article VI, Section VIII, Paragraph I of the Georgia Constitution.[1] The duties and responsibilities of this office are established by law, and may generally be summarized as representing the State of
A district attorney may also employ an assistant for child support recovery matters, and an assistant serving in such a position may be designated either a county or state employee. O.C.G.A. § 15‑18‑14(a)(1)(B). Such an assistant is authorized only so long as the appointment is "pursuant to a contract for such services with the Department of Human Resources."
The legislative power of the State is vested in the General Assembly. Ga. Const. Art. III, Sec. I, Para. I. The General Assembly comprises two chambers, the House of Representatives and the Senate. Ga. Const. Art. III, Sec. II, Para. I. The members of each of these chambers are elected from individual districts.
There are specific qualifications for a person to serve in the General Assembly, including the provision that "[n]o person holding any civil appointment or office having any emolument annexed thereto under the
The Constitution of Georgia provides that
[t]he legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.
Ga. Const. Art. I, Sec. II, Para. III. "This provision distinguishes our state Constitution from the federal Constitution, which has no express provision 'prohibit[ing] the officials of one branch of government from exercising the functions of the other branches.'" Sentence Review Panel v. Moseley, 284
In addressing the application of the separation of powers doctrine, it is evident that under the plain language of the Constitution any analysis of whether the doctrine has been violated must look both at the legal designation of the branch of government to which a particular position is assigned as a matter of law and at the underlying duties and responsibilities that are being performed. The source of the funding of a position is independent from and does not determine the functions to be performed or the legal authority for undertaking duties and responsibilities otherwise assigned by law.
In an opinion directly addressing the funding question, one of my predecessors recognized that a member of the General Assembly could not serve as a judge pro tem of the Recorder's Court of Chatham County. 1983 Op. Att'y Gen. U83‑58. It had been suggested there that such service was permissible because the Recorder's Court judgeship had been created by a local amendment to the Georgia Constitution of 1945, that the judicial position was appointive rather than elective, and that "the judge's compensation [was] paid entirely by local government as opposed to state government."
In 1993 Op. Att'y Gen. 93‑24, this office concluded that the separation of powers requirement could not be avoided by having an employee of one branch of government work for another branch of government under the guise of being an independent contractor. It made no difference that the function being performed was in accordance with such a contract for services rather than a formal employment relationship. The individual was still performing the functions of two separate branches of state government.
Other opinions of the Attorney General have followed the constitutional command that the branches of state government shall forever remain separate and distinct. A member of the General Assembly may not serve as a juvenile court judge. 1984 Op. Att'y Gen. U84‑46. A member of the General Assembly may not hold employment with the University System of Georgia. 1973 Op. Att'y Gen. U73‑85; 1976 Op. Att'y Gen. 76‑117. A court reporter may not simultaneously hold employment with a superior court and the State Board of Workers' Compensation. 1983 Op. Att'y Gen. 83-56.
State law provides in O.C.G.A. § 16‑10‑9 (a)(1) that
[i]t shall be unlawful for . . . Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the judicial branch of state government.
Furthermore, any "person who knowingly disburses or receives any compensation or money in violation of this Code section is guilty of a misdemeanor." O.C.G.A. § 16‑10‑9 (b). In upholding the constitutionality of an earlier enactment of these same provisions, the Supreme Court of Georgia has noted that this statute furthers the compelling and significant interests of the state in enforcing the "separation of powers" doctrine "to prevent the obvious conflicts of interest inherent in situations where an individual serves concurrently in two of the branches of state government." Galer v. Bd. of Regents of the Univ. Sys., 239
This office has previously opined that a violation of this statute is not ameliorated if a legislator takes unpaid leave from employment in a separate branch of government in order to perform legislative duties. 1976 Op. Att'y Gen 76-117. There the Attorney General concluded, in the context of a legislator working for the executive branch of state government, that the conflict arises from the mere service in the two separate branches. Such service creates not only constitutional and statutory conflicts, but also violates the common law doctrines of conflicts of interest because the individual
would be in a position to: (1) vote on appropriations and other matters directly affecting his private pecuniary interest, to wit, his salary, (2) exercise undue leverage upon his own personal promotions and pay raises from an agency which depends upon legislative appropriations, and (3) to some extent to be in a position of evaluating the performance of an agency of which he is a part, in derogation of the checks and balances system which the "separation of powers" feature of [Georgia law] is intended to enhance.
Finally, in relation to the issue of potential conflicts of interest arising in the performance of government service, I note again that
[t]he Constitution mandates that "public officers are the trustees and servants of the people and are at all times amenable to them." Ga. Const. Art. I, Sec. II, Para. I. The Supreme Court of Georgia has repeatedly recognized that this constitutional provision creates a special fiduciary duty of loyalty on behalf of public officers and employees and that duty should not be compromised by either divided loyalties or other conflicts of interest. Georgia Dep't of Human Resources v. Sistrunk, 249
2004 Op. Att'y Gen. 2004-7.
Having reviewed the law regarding the duties and responsibilities of an assistant district attorney, it is my conclusion that an individual in that position is exercising the powers and authority of the judicial branch of state government. The exercise of that authority cannot be undertaken by someone holding a position in another branch of government, and no structuring of the job or shifting of the funding for the position cures the constitutional defect under Ga. Const. Art. I, Sec. II, Para. III. The conflict inherent in simultaneously holding positions in different branches of government may manifest itself in any number of ways; one obvious example is when a member of the General Assembly, serving as an assistant district attorney, participates in the budget process and affects the funding and salaries of offices of the district attorneys, including the district attorney who is his or her employer.
Therefore, it is my unofficial opinion that because of the constitutional requirement that the branches of government must remain forever separate and distinct, an assistant district attorney, whether paid by a county or by the State, may not serve as a member of the General Assembly.
Prepared by:
Deputy Attorney General
[1] There are currently 49 judicial circuits in this state as established by O.C.G.A. § 15‑6‑1.
[2] See, e.g., Budget Recommendations of the Governor of Georgia, FY 2010 (AY 2009-10), Office of Planning and Budget, http://www.opb.state.ga.us/media/9848/2009-01-26_web_fy2010_state%20of%2..., at 53-54 (last visited March 27, 2009), containing recommendations for the funding of the offices of prosecuting attorneys for the upcoming fiscal year; Georgia General Assembly, H.B. 119, General Appropriations, State Fiscal Year July 1, 2009 – June 30, 2010, http://www.legis.ga.gov/legis/2009_10/fulltext/hb119.htm (last visited March 27, 2009).
[3] Your inquiry does not provide sufficient information to determine whether there are any emoluments of office received in this matter that may be provided in violation of Ga. Const. Art. III, Sec. II, Para. IV (b), but that question could be raised and decided by either chamber of the General Assembly, both of which are empowered to be the "judge of the election, returns and qualifications of its members." Ga. Const. Art. III, Sec. IV, Para. VII; 1975 Op. Att'y Gen. 75‑109 (House of Representatives may determine whether one of its members who was a federal civil servant was qualified to serve).


text:
Moves broadened to have a Kenyan man suspected of killing a fellow countryman in the city of Christ Church taken back to New Zealand as police named the victim.
The slain man was Stephen Mwangi Maina, 38, a close friend of Lydiah Muthoni Munene, 34, who was found badly injured in a dwelling in suburban Avonhead on Monday night. She was covered in a blanket in a bedroom of the house while Mr Maina was found dead on a bed in the same room.
Lydia's estranged husband, Samuel Ngumo Njuguna, 39, flew out of New Zealand at the weekend (September 13), headed for Kenya. He boarded a Sunday morning flight from Auckland International Airport and is understood to have arrived in Kenya on Tuesday morning (September 15). Mr Njuguna and Ms Lydia Munene have lived in New Zealand for many years.
New Zealand's Police have alerted Interpol and Kenyan police in an effort to track down Njuguna. However, the move may run into legal challenges as there is no extradition agreement between Kenya and New Zealand.
Read more of this story from the Kenya Stockholm blog >>
Additional reporting from Kim Media Group >>
Filed under: News | Tagged: Avonhead, christ church, crime, kenya, lydiah muthoni munene, murder, new zealand, samuel ngumo njuguna, stephen mwangi maina |


text:
Recently I had this experience during my two week trip to Oliana, Spain in late February. Again, two weeks may seem like a long time but for me, having spent the last year and a half with the freedom of going anywhere at anytime, two weeks felt like nothing.
|Oliana, Spain. Photo: Wiz Fineron
This line was Mind Control and after waiting in line I finally had my chance to check it out and see what it was all about. I thought I should at least try the moves before making any kind of decision. It took some time to check it all out but come on, its 50 of the metres! That's a lot. After my first go on it, I thought it was going to be easy. There's no hard moves and a few good rest jugs between sections so what can possibly make it hard right?... The worry of whether I was going to get it done or not in time wasnt there as I was certain that it would only take a matter of tries. Its just jug hauling.... How hard can it be? :P This optimistic thinking soon wore off as I discovered the true meaning of pump. After about 40 metres of pure resistance climbing I quickly lost control of my elbows and the term 'chicken winging' was strongly in practice.
|Wiz Fineron falling from 49.5 of 50m on Mind Control. Photo: Rob Greenwood
|Not a bad line!!! Wiz Fineron staring down the top section of Mind Control. Photo: Rob Greenwood
I had only two days left and with my first three attempts on Fish Eye the previous days not going so well I was struggling with psyche. The route itself didnt feel so bad (definitely easier than Mind Control) but the past few days had just been extremely still and warm and I was finding it really hard to relax on the rest jugs. When the skin is so soft and sweaty you have to hold on so much tighter which on short routes sometimes you can get away with, but on these pure endurance routes being able to rest and relax on holds is very important. On my second to last day the conditions weren't any better so I decided not to get on it at all and instead just have fun and climb some of the slightly easier routes.
|Wiz Fineron high up on Fish Eye. Photo: Alex Haslehurst
The last day was great, we rocked up at the crag with cooler temperatures and a strong breeze. The psyche came rushing back and I just couldn't resist one last go. I knew exactly what to do, I just had to put it all together. With no expectations I went for one last try. I felt great the entire way up, resting was easy and what I thought was going to be really hard at the top felt so good I even forgot to clip the last couple of draws. I clipped the chains and that was it, a great end to a great trip!
For me, this trip was about spending time with some great people, having a good time and learning to not let pressure and self doubt get into my head. With only two weeks, it was a new experience for me and I wasnt sure what was going to happen. I came away from this trip having sent two significant climbs (for me), experienced a new area, with amazing people, and had a lot of fun and laughs. So whether its two days, two weeks or even two months, its all in the head and anything is possible. You just have to approach it in the right way and that always includes a big smile. Why do it if your not having fun right...?
Get out there and have fun!
A huge shout out to my main man Alex Hasleherst as well as 'Team
Sheffield' for making it such a great holiday and we should definitely
do it again!! You all know who you are so thank you very much.
Get out there and have fun!
|Another great whipper shot! Photo: Ally Smith
|The team... well most of it!!


text:
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De Jure
versión On-line ISSN 2225-7160
versión impresa ISSN 1466-3597
De Jure (Pretoria) vol.46 no.1 Pretoria jun. 2013
Are fixed-term school governing body employment contracts for educators the best model for schools?
Is Vastetermyndienskontrakte vir Opvoeders in Beheerliggaamposte die Beste Model vir Skole?
Jaco Deacon
Deputy Chief Executive Officer of FEDSAS
Weens departementele begrotingstekorte en groeiende behoeftes in skole is dit vandag algemene praktyk dat skoolbeheerliggame aanstellings uit skoolfondse finansier. Indien 'n beheerliggaam 'n aanstelling maak, is die skool die werkgewer, en nie die tersaaklike departement van onderwys nie. Die belangrikste gevolg hiervan is dat arbeidswetgewing, en nie net wetgewing spesifiek uitgevaardig vir die onderwys nie, die werksverhouding reguleer. Uit FEDSAS se omgewingsontleding van ledeskole blyk dit dat 28% van opvoeders en 52% van nie-opvoeders deur beheerliggame aangestel word. 'n Groot persentasie van hierdie aanstellings is vir 'n vaste tydperk en beheerliggame voer verskeie redes aan waarom dit die beste model is. Daar is geen statutêre beperkinge op die sluit van termynkontrakte nie, en in die meeste gevalle is dit weens praktiese oorwegings die enigste opsie vir skole. Begrotings word jaarliks opgestel en goedgekeur, waarná 'n beheerliggaam die aantal poste vir die volgende jaar vasstel. Versuim om 'n vastetermynkontrak te hernu was nog altyd 'n omstrede aangeleentheid. Indien daar gedurende die dienstermyn 'n verwagting van 'n voortdurende verhouding geskep is, sal die versuim om die kontrak te hernu ooreenkomstig artikel 1 86(1)(b) van die Wet op Arbeidsverhoudinge op ontslag neerkom. Die tydperk van afwagting is uit die aard van die saak 'n stresvolle tydperk vir die opvoeder wat gepaard gaan met werkonsekerheid en finansiële bekommernis wat 'n nadelige invloed op die opvoeder se onderrig kan uitoefen. Hierdie artikel ondersoek die aard en wenslikheid van diensooreenkomste tussen skool beheerliggame en opvoeders en kom tot die gevolgtrekking dat die vastetermynkontrak nie teenoor die reg van die opvoeder gestel behoort te word nie, maar dat daar na die praktiese oorwegings binne skole en die beste belang van leerders gekyk word binne 'n raamwerk van goeie beheer en bestuur.
1 Introduction
Due to departmental budget constraints and schools' growing needs, it is currently common practice for School Governing Bodies (SGBs) to finance additional staff appointments out of school funds.1 Since the quality of an education system cannot exceed the quality of its educators; as set out in the McKinsey Report on World School Systems;2 SGBs invest a lot of money in additional educators in order ensure that quality education is provided.
When a governing body appoints additional staff members, the public school, and not the relevant department of education, acts as employer.3 The most important consequence of such appointments is that the employment relationship is governed by labour laws4 instead of by merely the Employment of Educators Act5 as is the case with educators employed by the State. As employer, the school, via its SGB, thus has to comply with all the requirements set by labour legislation.
Before any appointments can be made, governing bodies must determine their schools' particular needs as well as the extent of available funds. In this regard, it is important for SGBs to take note of the requirements contained in section 20(4) to (10) of the South African Schools Act (SASA). These requirements can be briefly summarised as follows:
(i) Section 20(4) - a school may establish additional posts for educators.
(ii) Section 20(5) - a school may establish additional posts for non-educators.
(iii) Section 20(6) - persons who are employed in any of the aforementioned posts must comply with the employment requirements set in any other applicable law. (Persons who are appointed as educators must for example hold the required qualifications.)
(iv) Section 20(7) - persons can only be employed as educators if they have been registered as such with the South African Council of Educators.
(v) Section 20(8) - persons who are appointed must be employed in compliance with the basic values and principles envisaged in section 195 of the Constitution of the Republic of South Africa, 1996 (the Constitution). Factors that should be taken into account when making appointments include the candidate's ability, the principle of equity, the need to redress past injustices, as well as the need for representivity.
(vi) Section 20(9) - when presenting the annual budget for parents' approval, the governing body must provide sufficient details with regard to any envisaged additional posts, the estimated costs relating to such additional posts, as well as the manner in which such costs will be met/ covered.
(vii)Section 20(10) - The State is not liable for any act or omission flowing from the school's contractual responsibility as the employer in respect of staff employed by the school additional to the state's establishment.
2 Appointments Made by School Governing Bodies
SGBs may appoint additional educators6 and non-educators (for example administrative staff, terrain staff or sports coaches). These appointments may be made for an indefinite period of time or fixed-term.7 SGBs may also employ a person to work less than 24 hours per month, for example a sports coach, who coaches only five hours per week. This employee category is excluded from several labour laws.
2 1 Permanent Appointments
Through such an appointment, the governing body commits itself for an indefinite period of time. Such an employment relationship may be terminated on three grounds only, namely misconduct by the employee, the incompetence or unsuitability of the employee, or the employer's operational requirements. The employment relationship could also be contractually terminated when the employee reaches retirement age.
2 2 Fixed-term Appointments
This type of employment contract is entered into for a fixed period of time only, for example a specific school year. Fixed-term appointments are particularly suitable in cases where the future availability of funds is not a foregone conclusion. Through such a contract, the governing body commits itself for a particular period of time to receive the educator into service and to pay a particular amount of remuneration. The employment relationship ceases to exist at the end of the contract period.
In order to ensure that all parties fully understand their exact rights and responsibilities, it is of the utmost importance that all employees have written contracts.8 The Basic Conditions of Employment Act9 should form the basis of such a contract, with specific adaptations to suit the education sector.
3 FEDSAS Environmental Analysis
From the FEDSAS10 environmental analysis of member schools, it appears that 27,45% of educators and 52,44 % of non-educators in South African public schools are appointed by SGBs.11 A large number of these appointments are for a fixed term, usually a particular academic year.
The distribution of educator and non-educator posts in FEDSAS schools* is as follows:
The table above shows that more than 70% of educators are remunerated by the Education Department, while the majority of non-educator posts (51%) are paid by SGBs. Just under 80% of the educators in the Free State are remunerated by the Education Department, while the highest percentage of educators who are paid by SGBs are employed in the Western Cape.
There are no statutory restrictions on concluding fixed-term contracts,12 and, in most cases, practical considerations render it the only option for schools. School budgets are drafted and approved on an annual basis in terms of section 38 of SASA. This is done after the Provincial Education Department has published the post establishment for the next year,13 following which the governing body determines the number of posts for the next year. Beforehand, the governing body must determine the school's particular needs as well as the extent of its available funds for staff salaries and remuneration. SGBs need to consider all the above-mentioned factors before deciding on the terms of the employment contracts, as remuneration might constitute one of the most expensive items on the budget. As the number of learners, the departmental post establishment and income might differ from year to year,14 SGBs may not be able to enter into long-term employment agreements.
4 The "Renewal" of Contracts and the Legitimate Expectation
Consequently, most SGBs have adopted the practice of entering into fixed-term employment contracts only, and merely "renewing" them when possible for the next year. In strict technical terms, the contract is not renewed, a new contract is rather entered into for a following fixed term. However, the problem arises when an educator's contract is not "renewed". Awaiting the renewal or not of an employment contract, is a very stressful period for the educator as it leads to job and financial insecurity which may also have a negative effect on the educator's performance in the classroom. Such an educator is however not without remedy.
The termination of an employment contract under certain circumstances, such as summary dismissal for serious misconduct, has always been regarded as dismissal.15 However, the definition of a dismissal in the Labour Relations Act16 (LRA) provides that termination of employment without notice also constitutes dismissal. Until recently, an employer could terminate the services of employees by merely giving them notice for the period required by the employment contract, legislation or a collective agreement. The employer was not required to provide a valid and fair reason, or to follow fair procedure.17 In terms of the definition, however, an employer is now obligated to comply with the requirements of substantive and procedural fairness.18
Failure to renew a fixed-term contract has always been a controversial matter. A fixed-term contract is entered into for a specific period and is based on the principles of the law of contract. Such a contract automatically terminates upon the expiry of that period. However, the Industrial Court refused to accept this principle in the case of the automatic renewal of a fixed-term employment contract, and based its decision on the continuous nature of the employment relationship.
The Industrial Court19 found that it is, essentially, about a legitimate expectation.20 If, during the term of employment, an expectation of a continuous relationship has been created, failure to renew the contract would constitute dismissal. In South African Veterinary Council v Greg Szymanski,21 Cameron J stated that mere confusion is no basis for a legitimate expectation.22 To substantiate his decision, Cameron referred the judgment of Heher J in National Director of Public Prosecutions v Phillips,23 namely that "the law does not protect every expectation but only those which are 'legitimate'". The requirements for an expectation to be legitimate were set to be as follows:24
(i) The representation underlying the expectation must be 'clear, unambiguous and devoid of relevant qualification';
(ii) The expectation must be reasonable;25
(iii) The representation must have been induced by the decision maker;26 and
(iv) The representation must be one which it was competent and lawful for the decision maker to make without which the reliance cannot be legitimate.27
With regards to an expectation being reasonable, Van Niekerk28 states that there is no single factor that defines what is reasonable in every case and that the test applies to determine the existence of the reasonable expectation is an objective one and requires an examination of all relevant factors.
5 Labour Relations Act 66 of 1995
The vagueness and confusion with regard to the legitimate expectation was finally addressed with the drafting of the LRA. Section 186(1) of the LRA defines "dismissal" as follows:
'Dismissal' means that:
(a) ...
(b) an employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms, but the employer offered to renew it on less favourable terms, or did not renew it ..."
Consequently, an employer (public school) is effectively dismissing an employee (educator) if the employer does not renew a fixed-term contract, although an expectation has been created that the contract would indeed be renewed, or if the employer does renew the contract, but on less favourable conditions than before.29
However, Cameron J warned in the National Director of Public Prosecutions case that it is worth emphasising that the reasonableness of the expectation operates as a pre-condition to its legitimacy. The first question is factual, namely whether the expectation sought to be relied on, is reasonable in all circumstances. That entails applying an objective test to the circumstances from which the applicant claims the expectation arose.30
The SGB is however bound by a number of external factors to employ educators on a more permanent basis, and should always act in the best interests of the school on the other hand. This could include the duty to contract the best possible educators for as long as possible.
A fixed-term contract does not offer the best job security for the educator, and the annual uncertainty and negotiations may have a negative effect on the educator's morale and performance.
On numerous occasions, the courts considered the non-renewal of fixed-term contracts, and without exception demanded that the employees prove that they had had a reasonable expectation that the contract would be renewed. For example, an expectation is created if contracts are automatically renewed every year; if employees are promised that they will have jobs the following year, or if forward planning is linked to a person instead of a post.
If such employees are then not re-appointed, they may refer an unfair-dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA).
6 Dispute Resolution
The employer is obligated to maintain discipline, promote stability and job security, as well as to ensure the fair and equitable treatment of all employees. If there is a dispute between the SGB and the employee, the internal process must be followed before any external procedures can take effect.
6 1 Internal Process
In terms of the Constitution, everyone has the right to fair labour practices.31 This right is further qualified in the LRA, more specifically by stating that everyone has the right not to be unfairly dismissed.32 This includes the non-renewal of a fixed-term contract.33
For a dismissal to be fair, the employer must ensure that the process is both substantively and procedurally fair.34 Substantive fairness deals with the reason for dismissal. In terms of the LRA, there are but three valid grounds for dismissal, namely:
(a) a fair reason related to the employee's conduct;
(b) the employee's incapacity or incompetence; or
(c) the employer's operational requirements.
The fairness of the reason for dismissal is determined based on the facts of the matter as well as the suitability of dismissal as sanction.
In order to determine whether the dismissal has taken place in accordance with a fair procedure, the relevant Code of Good Practice,35 issued in terms of the LRA, should be taken into account.
The Code is a general one, and does not distinguish between different employer types or sizes.36 It is not a law that has to be strictly complied with, but merely serves as the employer's guide. Primarily, the employer is responsible for discipline in the workplace, and therefore, certain guidelines for conduct in the workplace are needed, as well as provision for a fair procedure to deal with discipline. The key principle in this Code is that employers and employees should treat one another with mutual respect. While employees should be protected from arbitrary sanction, employers are entitled to satisfactory conduct and work performance from their employees.37
The fairness of the procedure is determined based on the guidelines in the Code.
In cases where the dismissal is not automatically unfair, the employer must prove that the reasons for dismissal relate to the employee's conduct or capacity, or are based on the operational requirements of the employer. If the employer fails to do that, or fails to prove that the dismissal was effected in accordance with a fair procedure, the dismissal is unfair.38
6 2 External Process
The principal difference between governing body appointments and departmental posts is that two different dispute resolution forums apply. All disputes within the Education Department are referred for adjudication to the Education Labour Relations Council (ELRC). Disputes between SGBs and governing body appointees must be referred to the CCMA. The external dispute process with regard to governing body posts is regulated by the LRA.
Section 191 of the LRA deals with disputes regarding unfair dismissal. In short, the procedures are as follows: If the fairness of a dismissal is disputed, the dismissed employee may refer the dispute in writing to the CCMA within 30 days of the date of dismissal.39
If the employee shows good cause at any time, the dispute could also be referred after the 30-day period has already lapsed. The employee must serve a copy of the referral on the employer. The CCMA must first attempt to resolve the dispute through conciliation. Only thereafter, the CCMA may certify that the dispute remains unresolved. If 30 days have expired since the referral, and the dispute remains unresolved, the CCMA must arbitrate the dispute at the request of the employee. Employees could request arbitration only if they allege that the reason for dismissal is related to their conduct, suitability or capacity; if they allege that the employer made continued employment intolerable, or if they do not know the reason for dismissal.40
Section 192 of the LRA provides that, in any dismissal proceedings, the onus probandi (burden of proof) to establish the existence of the dismissal rests upon the employee. If the existence of dismissal is established, the burden of proof is reversed: Then, the employer must prove that the dismissal is fair.41 If a dismissal is found to be unfair, the employer may be ordered to pay compensation42 or to reinstate the employee.43
7 What Should the Employer do to Prevent an Expectation from Being Created?
The management of fixed-term contracts is the school principal's responsibility, and the governing body must adopt the necessary policy to create the framework within which the principal could do so.44 This includes that there must be good administrative systems in place for staff management. The governing body could take the following decisions or steps:
(a) Governing bodies should adopt a policy stating that no contract will be 'automatically renewed'.
(b) Governing bodies should adopt a policy stating that all fixed-term contracts terminate on 31 December every year. (The exception is where governing bodies have enough funds to enter into longer-term contracts.)
(c) Available posts must be advertised only following the adoption of the next year's budget. (This advertisement may be internal, external or both.)
(d) Employment contracts should be entered into annually by not later than November for the ensuing year.
(e) The governing body and principal may not make any promises to any employee, and vacancies should be filled only after due process has been followed.
(f) Forward planning must be linked to posts and not persons.
(g) The payment advice must clearly indicate how many months are left before the contract term expires.
(h) The principal must regularly meet with all staff, and policy, contract terms and advertisements must form part of the agenda.
(i) If the school's budget and funds allow longer-term contracts, and the particular post is an essential and ongoing post at the school, the governing body should seriously consider entering into such longer-term contract.
Grogan argues as follows:
The case law indicates that a number of circumstances favour acceptance of employees' claims that they expected fixed-term contracts to be renewed. The two most obvious considerations are past practises and prior promise. Logic indicates that the more frequent an employer has renewed a fixed-term contract in the past, the more reasonable is the employee's expectation that the employer will continue to do so in future. This is not to say that an employer is not permitted to renew a fixed-term contract; it merely becomes more likely that repeated renewals would reinforce the impression that the employment relationship has de facto become permanent - and also lend credence to the employees' claim that they viewed the relationship as permanent.45
8 Conclusion
Governing bodies are clearly hesitant to commit to long-term employment contracts. Fixed-term contracts certainly hold certain benefits for employers, but they also have a number of disadvantages. The most important arguments in this regard are set out below:
The benefits are:
(1) Fixed-term contracts allow employers to get rid of employees more easily if the 'reasonable expectation' is properly managed, without having to go through any procedures prescribed in the LRA for misconduct or poor work performance.
(2) Employers work with the available funds in a budget, which is annually approved and adopted.
(3) Employers never need to follow dismissal procedures in the case of retrenchment due to operational requirements, and, therefore, also do not have to pay severance packages.
(4) Schools know (or should know) how many departmental posts are available for the following year, and can budget and plan accordingly.
The disadvantages are:
(1) In the longer term, employees' work performance and morale may be affected by their insecurity about their jobs and income.
(2) Fixed-term employees may not necessarily be as loyal as permanent employees.
(3) Employers must manage the process meticulously and guard against creating expectations.
(4) Usually, the labour turnover is higher for temporary employees than for permanent employees, resulting in a frequent intake of new employees or a very young workforce.
From a labour law perspective, one could argue that the fixed-term contract is the best model for SGBs.46 However, the most important question that needs answering certainly is what would be in the school and the learners' best interests. The governing body stands in a position of trust towards the school, and must serve the interests of the school when appointing additional staff. This adds a whole new dynamic to the labour law perspective and labour law arguments.
The argument that the governing body prefers to make only fixed-term appointments due to uncertainty about sufficient funds is not entirely sound, as the LRA does in fact provide for dismissal due to operational requirements based on finance. There is no reason for a school to be treated differently from a business. Often, businesses have no indefinite income guarantees. However, this does not prevent them from making full-time appointments. One should however take note of the Buthelezi v Municipal Demarcation Board47 judgement in the Labour Appeal Court, where the court made it very clear that employers may not retrench employees for operational reasons if they are on fixed-term contracts, and that, if they do so, they may be liable to contractual claims for damages for the balance of the contract period. In practice, this will mean that all educators on fixed-term contracts will have absolute protection against any retrenchment for the full period of their contracts.
The argument that the Department's post provisioning to the school may change, which may result in too many staff at the school, with parents having to bear the extra costs, seems to have merit. However, the LRA provides for this, and employers may dismiss employees in the case of restructuring. (The reason, therefore, does not relate to a budget deficit.) This argument must now be read against the backdrop of the McKinsey report.48 Although it may be convenient for the employer (school governing body) to enter into fixed-term contracts, it is not necessarily in the school's best interests, as the most valuable asset in the classroom is indeed the teacher. Therefore, all governing bodies should attempt to appoint the best educators, and remunerate them as best they can. Governing bodies should invest in their educators by exposing them to further training and development opportunities, and pension and medical benefits should be considered to make these posts as attractive as possible and to retain educators.
Trying to keep labour within the school context as cheap as possible each year is irresponsible and does not serve the school's interests. The nature of the fixed-term contract should therefore not be juxtaposed with the educator's rights, but the practical factors within the school and the best interests of learner education must be considered. This should in no way be purported as a blanket rejection of fixed-term contracts in a school context, but the rationale behind these contracts must be considered. Several schools appoint excellent educators for many years on a fixed-term basis, even allowing these educators pension-fund benefits. Therefore, proper governance and management seem to be the key to responsible decisions about the nature of employment contracts at a particular school.
Former president Nelson Mandela said that education is the most powerful weapon that you can use to change the world: "Education is the great engine of personal development. It is through education that the daughter of a peasant can become a doctor; that a son of a mineworker can become the head of the mine; that the child of farm workers can become the president of a country."49
The core business of any education institution is to educate, and this can only take place if there is an educator to do the work. SGBs should therefore do everything possible to minimise any negative influence on the education process, including uncertainty about contracts.
SGBs should therefore debate the effectiveness and appropriateness of fixed-term contracts or permanent contracts for educators, and consider all the factors at the specific school. If they do decide to enter into fixed-term contracts, they must consider the length of the contracts, and are not necessarily bound by a specific financial year. The SGB must then ensure that the process and management of these contracts are in place and in line with the human resource policy of the school, and that regular feedback is given at SGB meetings.
It is always easier to appoint employees than to dismiss employees. Therefore, the governing body must ensure a proper appointment process, but also a good management system to control and manage educators - the school's most important assets - appropriately and in the school's best interests.
1 S 20 SASA: "(4) Subject to this Act, the Labour Relations Act, 1995 (Act 66 of 1995), and any other applicable law, a public school may establish posts for educators and employ educators additional to the establishment determined by the Member of the Executive Council in terms of section 3(1) of the Educators' Employment Act, 1994."
2 McKinsey & Company How the world's best performing school systems come out on top (2007) 43 available online at http://www.mckinsey.com/App_Media/Reports/SSO/Worlds_School_Systems_Final.pdf (accessed 201002-17).
3 Even though the governing body is often informally referred to as the employer, or people often speak of governing body appointments, staff or posts, s 20 SASA clearly provides that the school, and not the governing body, is the employer. The governing body is merely an organ of the school as juristic person. Also see s 3(4) of the Employment of Educators Act 76 of 1998 (EEA).
4 The Labour Relations Act 66 of 1995 (LRA); the Basic Conditions of Employment Act 75 of 1997; the Compensation for Occupational Injuries and Diseases Act 130 of 1993; the Occupational Health and Safety Act 85 of 1993; the Unemployment Insurance Act 63 of 2001; the Employment Equity Act 55 of 1998; the Skills Development Act 97 of 1998, and the Skills Development Levies Act 9 of 1999.
5 76 of 1999.
6 As per the definition in s 1 EEA, "educator" means "any person who teaches, educates or trains other persons, or who provides professional educational services, including professional therapy and education psychological services, at any public school ...".
7 The non-renewal, or renewal on less favourable terms, of a fixed-term employment contract constitutes a dismissal in terms of s 186 LRA if a reasonable expectation was created with the employee that the contract would be renewed.
8 FEDSAS has standard contracts for all possible forms of appointment that are available to members free of charge.
9 75 of 1997.
10 Federation of Governing Bodies of South African Schools.
11 FEDSAS FEDSAS Environmental Analysis (2009) 8.
12 Grogan Workplace Law (2010) 189.
13 See FEDSAS v MEC for Basic Education (unreported case 60 of 2011 in the Bisho High Court of the Eastern Cape, Bisho, delivered on 2011-02-22, available at http://www.fedsas.org.za/downloads/8_44_2_FEDSAS%20v%20MEC%20EASTERN%20CAPE.pdf (accessed 2013-03-20)).
14 SGBs should also avoid retrenchment procedures in light of the matter Buthelezi v Municipal Demarcation Board [2005] 2 BLLR 115 (LAC).
15 Du Plessis & Fouche Practical Guide to Labour Law (2008) 266.
16 66 of 1995.
17 S 8(6) Shops and Offices Act 41 of 1939
19 Administrator Transvaal v Traub (1989) 10 ILJ 823 (A).
20 See the definition of "legitimate expectation" in Administrator Transvaal v Traub (1989) 10 ILJ 823 (A).
21 Supreme Court of Appeal unreported case 79/2001 (2003) ZASCA 11 (200303-14).
22 Par 18: "Still less can misinterpreting the words or actions of an authority give rise to a legitimate expectation".
23 2002 4 SA 60 (W) par 28.
24 Par 28.
25 Administrator, Transvaal v Traub 1989 4 SA 731 (A) 7561-757B.
26 Attorney-General of Hong Kong v Ng Yuen Shiu (1983) 2 All ER 346 (PC) 350h-
27 Hauptfleisch v Caledon Divisional Council 1963 4 SA 53 (C) 59E-G.
28 Van Niekerk Unfair Dismissals (2008) 21.
29 In SARPA obo Bands v SA Rugby (Pty) Ltd [2005] 2 BALR 227 (CCMA) the commissioner ruled that the relevant factors such as contractual provisions, undertakings by the employer, past practices and the reason for entering into the agreement must be considered.
30 Supreme Court of Appeal unreported case 79/2001 (2003) ZASCA 11 (2003-03-14) par 21.
31 S 23(1) Constitution.
34 Even if the dismissal complies with any notice period contained in a contract of employment or a law regulating the employment relationship.
35 Sc 8 LRA.
36 Van Jaarsveld & Van Eck Principals of Labour Law (2002) refers to the fact that the key principal of the Code is that employers and employees should treat one another with mutual respect, with the premium being placed on both employment justice and the efficient operation of the business.
37 Sch 8 par 1(3) LRA.
38 Sch 8 par 2(4) LRA.
39 CCMA form LRA 7.11 is used for referral, and is available at the CCMA offices or http://www.ccma.org.za (accessed 2013-03-20).
40 This is an informal process in which the party is assisted by a CCMA commissioner to try to settle the matter. No legal representation is permitted during this step.
41 Once again, fairness refers to substantive and procedural fairness, as discussed above.
42 A maximum of 12 months' compensation may be granted for unfair dismissal, and 24 months' for an automatic unfair dismissal. Also see s 193 LRA.
43 If the relationship of trust between the parties has however been irrevocably harmed; the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable, or if it is not reasonably practicable for the employer to reinstate or re-employ the employee, such order shall not be issued after the parties have been heard.
44 The FEDSAS website http://www.fedsas.org.za (accessed 2013-03-20) contains a number of documents on this topic.
45 Grogan Workplace Law (2010) 190.
46 Grogan 189: "The use of fixed-term contracts obviously provides an easy way for employers to evade statutory provisions pertaining to dismissals and employment security." In Biggs v Rand Water [2003] 24 ILJ 1957 (LC) 1961A-B, the court stated: "S 186(b) was included in the LRA to prevent the unfair practice of keeping an employee on a temporary basis without any employment security until it suits the employer to dismiss such an employee without any unpleasant obligations imposed on employers by the LRA in respect of permanent employees".
48 McKinsey & Company op cit.
49 Available online at http://www.brainyquote.com/quotes/keywords/education.html (accessed 2011-03-04). [ Links ]


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All Purple Label suits are made entirely in Italy by expert tailors. The lining, shoulders, armholes, collars, buttonholes and interior labels are all hand stitched, using only the best threads. With proper care, a Purple Label suit can last a lifetime.
The fabrics used for Purple Label tailoring are carefully chosen and are all produced in Italy or England. This suit is constructed from super 150s, 100% wool material, and the jacket is lined with Italian Bemberg, a high-quality fabric made from natural cellulose fibres. All materials, including those used for interior components, are made of natural fibres.
The jackets of all Purple Label suits are made with full canvas construction. This means that, from the shoulder to the hem, the front of the jacket has a canvas layer between the outer fabric and the lining. This interlining is hand sewn in place, and gives an excellent drape to the jacket. Over time, the canvas will mould more closely to the shape of the wearer's body, making it distinctively yours.
The 'Drake' fit of this suit gives a more contoured silhouette than the Purple Label's slightly looser 'Savile Row' cut. The elegant two-button, notched-lapel jacket has structured shoulders, and perfectly complements the elegant waistcoat and classic-fit trousers.
The three-piece suit fell out of favour throughout the second half of the 20th century, but recently the style has been enjoying something of a revival. Aside from their versatility, three-piece suits have a certain traditional elegance about them which two-piece suits cannot touch.
The collar, lapel, chest pocket and pocket flaps are all hand finished with decorative pick stitching, which is an elegant, sartorial detail. The buttons are crafted in Italy from natural buffalo horn, while the functional sleeve buttons are 'kissing' (never quite overlapping), which is a hallmark of a handmade jacket.
Mr Ralph Lauren is a man who needs little introduction. From humble beginnings in the Bronx, New York City, and an initial collection of ties in 1967, Mr Lauren has gone on to build a multi-billion dollar style empire, creating one of the world's best-known luxury brands in the process. Utterly synonymous with an elegant, refined lifestyle, Ralph Lauren has in many respects become the embodiment of contemporary American style. From the polo fields of Palm Beach to the boardrooms of Manhattan, Mr Lauren's lifestyle philosophy is unerringly consistent. The signature Purple Label was launched in 1994, as the highest-end men's line, specialising in supremely luxurious tailoring.


text:
Spencer Wood needed a new web page design and created a contest on 99designs.
A winner was selected from 25 designs submitted by 7 freelance designers.
Wimbledon Fertility Clinic - Delivering New Life
these are the services they provide
IVF Fertility Service -
Scanning -
3D / 4D Ultrasound Scans - Time element is the 4Dimension
Well Women Assessments -
Male factor Investigations - Check Ups
Donor Sperm Inseminations -
Donor Egg Cycles -
Consultations -
Assessment of Ovarian -
Tubal Patency test -
Saline Infusion Sonography -
Ovulation Induction -
Intrauterine Insemination -
Natural Cycle IVF and Minimal Stimulation IVF -
ICSI for male factor -
PESA/TESA for severe male factor problems -
Preimplantic Genetic Diagnostic -
Egg Freezing - For young women to use later
HFEA (Human Fertilisation and Embryology Authority)
Care Quality Commission
Young couples
see the wireframe provided
the logo supplied is veery low res but very simple so can easily be redrawn
Images as follows
New life
Happy Babies
Happy Healthy people
Fertility Evaluation
Ovulation Induction
IVF Treatment
Donor Egg & Sperm
Egg Freezing
Sperm Storage
Genetic Testing
Meet theTeam
Treatment centre
Price Guide
Case Studies


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February 26, 2013 09:17 ET
Calgary-based company provides solution for deck failure problems
CALGARY, ALBERTA--(Marketwire - Feb. 26, 2013) - SigmaDek, a Calgary-based company, is launching a fully engineered, safe, strong and sustainable non-wood component decking system that includes substructure, railing, and stairs, and carries a lifetime warranty.
This is the industry's first manufactured system that eliminates the need for arduous construction. SigmaDek will be launching their product at the Calgary Home + Garden Show at the BMO Centre from February 28 to March 3, 2013.
The safety aspect of a fabricated wood deck is subject to the skill of the installer and the rate of deterioration of the wood elements, even if chemically treated. SigmaDek has eliminated both of these issues by using materials that do not deteriorate and have been engineered so that they can only be installed according to its design.
The material used in SigmaDek's award-winning design is aerospace quality aluminum that is much more durable than chemically treated wood. This component decking system was created in order to counter deck failure problems, and enhance consumers' experience.
"We spent over four years engineering and perfecting SigmaDek to what it has become today and we are thrilled to be launching it at the Home + Garden show in Calgary," said Tory Weber, CEO of SigmaDek. "It took years before the automobile industry made air bags a safety code regulation item in vehicles. Our goal is that the building code for decks resembles that of the automobile industry. Safety issues are a significant concern when you consider that more than 40 million decks and porches are older than 20 years in the U.S. alone(1). Deck failures happen, and SigmaDek is a solution to the safety issues with its fully engineered product."
SigmaDek is competitive with field-fabricated decks because the required installation labour is a fraction of that needed for a field-fabricated deck. Due to SigmaDek's unique design and material composition the system eliminates the need for costly maintenance and repairs inevitable with wood decks. It also provides the peace of mind of a lifetime warranty against component failure while offering superior esthetics. In addition, SigmaDek is fireproof, will not rot, crack or warp, and will not host insects - and it does not require periodical staining or painting.
A second product will also be launched at the Home + Garden Show called Patio-in-a-Box. The Patio-in-a-Box is simply a ground-level deck without stairs and railing. Patio-in-a-Box is offered in standard sizes and is the perfect solution for consumers that want or need a patio solution in a very short timeline. Once the ground has been prepared, the patio can be assembled in a matter of hours. It is a great solution for people wanting to create a hot tub, spa base, or barbecue area.
For additional information on all of SigmaDek's products please visit the website at http://www.sigmadek.com/products.
[1] North American Decking and Railing Association
Based in Calgary, Canada SigmaDek Ltd. is a privately held company founded in January 2008. SigmaDek has spent over four years designing and engineering a totally safe, fully engineered non-wood component decking system. SigmaDek is using materials that do not deteriorate and can only be installed according to a pre-engineered design. These systems are made from rugged die cast aluminum and extruded aluminum. SigmaDek is taking the lead in providing a Safe, Strong and Sustainable alternative to wood constructions, while improving outdoor esthetics.
Brookline Public Relations, Inc.Sophie Pilon403-538-5641 ext. firstname.lastname@example.com
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*Remember when we reported that Shaunie O'Neal said changes needed to be made as far as the cast of "Basketball Wives: LA" is concerned?
Well, apparently she wasn't just bumping her gumbs. She meant business. Action was taken and there are now 4 openings on the reality TV spin-off
"Basketball Wives: L.A." axed four of its six cast members — and TMZ has learned the catalyst was when Gloria Govan shut producers out of her nuptials to L.A. Lakers star Matt Barnes.
Sources connected to the show tell TMZ the producers are getting rid of Gloria, Laura Govan, Malaysia Pargo and Brooke Bailey because the wives, especially Gloria, weren't allowing "all of their reality to be filmed."
We're told the breaking point came when Gloria (who is known for her feisty ways) jetted off to Vegas to marry Barnes — and didn't even let the show know about it. Our sources say the producers felt extremely disrespected by her actions and made the decision to clean house.
Our sources tell us the producers haven't told the wives they're getting fired yet, but are already looking for new women to fill their spots.
Bottom line: Draya Michele and Jackie Christie will be the only returning members.


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Publications: Bajsa, Ottilie
Journal Article
Skillman, L.C., Bajsa, O., Ho, L., Santhanam, B., Kumar, M. and Ho, G. (2009) Influence of high gas production during thermophilic anaerobic digestion in pilot-scale and lab-scale reactors on survival of the thermotolerant pathogens Clostridium perfringens and Campylobacter jejuni in piggery wastewater. Water Research, 43 (13). pp. 3281-3291.
Bajsa, O., Nair, J., Mathew, K. and Ho, G. (2004) Vermiculture as a tool for domestic wastewater management. Water Science & Technology, 48 (11). pp. 125-132.
Conference Paper
Bajsa, O., Nair, J., Mathew, K. and Ho, G.E. (2004) Pathogen die-off in vermicomposting process. In: 6th Specialist Conference on Small Water and Wastewater Systems, 11 - 13 February, Fremantle, Western Australia
Book Chapter
Bajsa, O., Nair, J., Mathew, K. and Ho, G. (2005) Processing of sewage sludge through vermicomposting. In: Mathew, K. and Nhapi, I., (eds.) Water and Wastewater Management for Developing Countries: Selected Proceedings of the Water & Wastewater Management for Developing Countries Conference, 28-30 July 2004, Victoria Falls, Zimbabwe. IWA Publishing, London, UK, pp. 609-618.


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Madera South High School
by: SchoolInfoApp, LLC • 1
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by: SchoolInfoApp, LLC • 1
Brought to you from the industry leader in mobile app development for K-12 schools and school districts, the Madera South High School app by SchoolInfoApp enables parents, students, alumni, faculty and staff to quickly access all of the who, what, when and where for Madera South High School!
With the Madera South High School app by SchoolInfoApp, you can:
- Get push notifications
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- View calendars for general events, athletics, clubs and school organizations
- Add an entire calendar or individual events to your device calendar
- Share calendars
- Get directions to off-campus events
- View a map with your school's event locations
- View faculty/staff contact information and pictures
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- Get important documents
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The Madera South High School app by SchoolInfoApp also provides students with valuable tools, such as:
- My Assignments - A virtual assignment book that students can use to keep track of homework, upcoming tests and projects, complete with due date and priority level.
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SchoolInfoApp is the only turn-key mobile app provider for K-12 schools and districts. Our team handles all content management, data import and graphic design, so that school admins, teachers and coaches don't have to take time away from the classroom and students to keep SchoolInfoApp updated.
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All of the above features are optional depending on your school admin's preferences. If a feature is not included for your school, this means your school administrator has instructed us not to include it.
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