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Personal Astrology Profile for Eugene Draper
Birth Date and Time..... June 21, 1963 4:56 AM
Birth Location.............. Tarrytown, New York
The interpretation of your astrology chart begins on the following page.
You will find that the interpretation of your chart is written in simple language, uncluttered by astrological jargon. If a statement appears to contradict another statement, then you exhibit these opposite qualities at different times in your life. For example, a statement that you are highly sociable and gregarious and a statement that you prefer solitude seemingly contradict each other; this means that you vacillate, and need both sociability and solitude at different times.
The astrological factor that the interpretation is based on is also given. The astrological factor is given for the benefit of astrologers and students of astrology. If you are not a student of astrology, then obviously the factor will not be meaningful to you, and you can ignore it.
If you find this interpretation of your birth chart interesting and informative, you might want to discuss your birth chart with a professional astrologer to learn more about the astrological influences on your life.
Planetary Positions, Aspects, and Orbs
Your birth chart interpretation is based on the positions of the planets at the time of your birth. For the benefit of students of astrology, these positions, along with other technical information, are listed below:
Sun 29 Gem 17 Pluto 9 Vir 47
Moon 27 Gem 41 N. Node 20 Can 28
Mercury 7 Gem 52 Asc. 21 Gem 38
Venus 10 Gem 23 MC 26 Aqu 45
Mars 9 Vir 26 2nd cusp 12 Can 18
Jupiter 15 Ari 47 3rd cusp 2 Leo 43
Saturn 22 Aqu 51 5th cusp 28 Vir 44
Uranus 1 Vir 57 6th cusp 10 Sco 21
Neptune 13 Sco 11
Tropical Placidus Daylight Savings Time observed
Aspects and orbs:
Conjunction : 7 Deg 00 Min Trine : 5 Deg 00 Min
Opposition : 5 Deg 00 Min Sextile : 4 Deg 00 Min
Square : 5 Deg 00 Min Quincunx : 3 Deg 00 Min
Conjunct Asc : 3 Deg 00 Min Above, 5 Deg 00 Min Below
Section 1: How You Approach Life and How You Appear To Others
The following is a description of your basic stance towards life, the way others see you, the way you come across, the face you show to the world. In Chapter 3 you will read about the "The Inner You: Your Real Motivation", which describes the kind of person you are at heart and where your true priorities lie. Read this chapter and the next one and compare them - there may be significant differences between them, in which case "the inner you" may not shine through and others are in for some surprises when they get to know you at a more than superficial level. This chapter describes the costume you wear, your role in life, while Chapter 3 talks about the real person inside the costume.
Gemini Rising:
You are always questioning and learning, and you seem young and alive no matter what your chronological age, for your mind is always alert, curious, flexible and open to new experiences. You have a childlike enthusiasm for anything new and you learn easily, but you also get bored rather quickly. You can be something of a scatterbrain, for you tend to have so many ideas and irons in the fire that it is hard to keep track of them all. You need and crave variety, change, mental stimulation, and an active social life.
Articulate, clever, often funny and witty, you are always a refreshing and interesting conversationalist. You enjoy meeting and interacting with a variety of different people. You are friendly, flirtatious, and charming in a light, playful way, and no matter how badly you may be feeling, you never appear heavy or somber. You may seem frivolous to other, more serious souls. You have a sense of humor and a sense of perspective that prevents you from taking yourself or life too seriously. In fact, you may seem flippant or unconcerned about matters that others consider very important.
In general, you respond to life mentally and objectively rather than emotionally, and you may not empathize with people very much. You do not like to be weighed down with too much responsibility or with others' emotional burdens. Furthermore, if you cannot UNDERSTAND something reasonably and logically, then very often you would prefer to ignore it, including your own and other people's irrational feelings, desires, and needs.
Consistency and reliability are not great virtues of yours and your life is apt to be full of changes and movement due to your restlessness. You become nervous and fidgety if things are not moving quickly enough. You are interested in what is current and up-to-date, the newest trends in thought or style.
Your gifts are a quick mind, verbal facility, a flair for language, social sophistication and polish, the ability to communicate, converse, and build bridges between people and between ideas. You tend to become an incessant chatterbox or gossip if you do not have work or other activities that utilize your mental, verbal, and social skills.
Saturn Trine Asc.:
To others, you appear capable, mature, and down to earth. Even when you were young, there was a certain practicality and responsibleness about you that inspired people to rely on you. You keep your cool in most situations.
Section 2: The Inner You: Your Real Motivation
Ascendant in Gemini and Sun in Gemini:
The way you appear or come across to others is very congruent with your true nature so "what you see is what you get". The description below reinforces what you read about yourself in the previous chapter.
Sun in Gemini:
You are, in many ways, an eternal child. Your mind is bright, alert, curious, flexible, playful, and always eager for new experiences - and your attention span is often quite brief. You grasp ideas quickly and once your initial curiosity has been satisfied, you want to go on to something else. You crave frequent change, variety, meeting new situations and people.
It may be hard for you to decide just where your talents and true vocation lie, for you have a multitude of interests and are loathe to limit yourself by concentrating on just one. You are easily distracted by all of the other fascinating possibilities. Your curiosity and restlessness propel you into many different experiences in life, and you are willing to taste or try anything once. Doing the same thing over and over again, even it is something you do well, is real drudgery for you.
You live in your head a great deal - reading, observing, thinking, spinning ideas around - and you need mental stimulation every bit as much as you need food and drink. In fact, if you had to choose between a good book or movie and a good lunch, you would very likely choose the former. You have a creative mind and often live by your wits.
You are also a very social creature, with a strong need to communicate and to interact with people. You enjoy using and playing with words and have a real flair for getting your ideas across in a clever, interesting, articulate manner. Writing or speaking are areas you have talent for.
You also have a rather light and mischievous sense of humor, and often do not take anything too seriously. Though you crave emotional involvement, it is hard for you to achieve it, for you are frequently unwilling to commit yourself to anything, to take responsibility, or to limit your personal freedom and mobility.
Your happiness lies in using your creativity and your language skills to communicate something meaningful, to teach, inspire, or bring people together. You have an unbiased mind and can usually offer a fresh, clear, uncluttered perspective. Your faults are your lack of constancy and persistence, and your tendency to overlook or ignore deep emotional issues and other people's feelings.
Sun in 1st house:
You have a clear sense of yourself and therefore convey a strong impression to others of who you are and what you want. Assertive and self-motivated, you can be a leader - one whom others look to for direction - but you compete and often clash with other strong individuals. You feel a need to be in control of your own life and you can be too self-involved, too immersed in your own interests, and oblivious to others at times.
Sun Conjunct Moon:
The above description of you is so deeply ingrained that you have little objectivity and often little appreciation for other, different ways of approaching life. You tend to be one-sided. There is little ambiguity in your makeup and you generally know what you want and what will make you happy.
Sun Sextile Uranus:
You are an original! You radiate a sort of electrical excitement about the things you are interested in, and convey this to others, but you get bored rather quickly also. You don't mind being a bit unusual or breaking a few rules either.
Sun Conjunct Mercury/N. Node
You have a strong need for intellectual contacts and associations and like to share your intellectual interests with others. This could be in meetings or by joining various clubs and organizations.
Sun Conjunct Venus/N. Node
You are polite and gallant and make a special effort to meet others half-way. You have the ability to give and receive love. Nurturing friendships, personal love relationships and social life is important to you.
Sun Conjunct Jupiter/Pluto
You are capable of extraordinary physical or mental efforts to gain success and achieve something that will bring you recognition and respect. You have a strong need for authority and power over others and are likely to perform better in a leading position.
Section 3: Your Elemental Nature
Your fundamental needs, values, and orientation towards life are symbolized by the four astrological elements. Each person has their own unique balance of these four basic energies: fire (warmth, inspiration, enthusiasm), earth (practicality, realism, material interests), air (social and intellectual qualities), and water (emotional needs and feelings).
Your "elemental make-up" is described below. Remember that most people are "unbalanced" or lopsided, and if you are lacking or deficient in a certain element (or elements), it simply means that you need to consciously develop that aspect of yourself to learn to appreciate and/or to work harder in that dimension of life.
Sometimes we overvalue the element that we are least endowed with, sensing it as a lack within ourselves, but more often we neglect or ignore it. The qualities described below will be reiterated and explained in more detail in the following chapters.
Air Element is Strong (F,E,A,W Scores = 2,6,40,1):
You have a great capacity to relate to, appreciate, and understand different people and points of view, and you tend to be quite liberal in your attitudes. You are primarily a thinking person who requires much intellectual and social stimulation, conversation, and interaction. You comprehend abstract reasoning and concepts very quickly and like ideas, language, and culture. You can't imagine being happy in a world without books, films, or interesting companions.
There is an androgynous quality to you, and you relate equally well to men and women, having both male and female characteristics in nearly equal measure yourself. You tend to see someone as a person first, rather than identifying them solely with their gender.
Friendship is very important to your sense of well-being. You thrive on camaraderie, teamwork, social participation and sharing. However, you are also quite objective about them and there is often a touch of impersonality or detachment to your relations with others.
Your mind is your real gift: thinking clearly, logically, and creatively, planning and organizing efficiently, and communicating intelligently. However, you tend to live in your head - reading about, talking about, and observing life without becoming completely immersed in it. Avoid becoming a dabbler. You need to develop constancy, stability, and depth.
Fire is Weak (F,E,A,W Scores = 2,6,40,1):
You are likely to be overly humble or unsure of yourself and to look to others for inspiration, motivation, reinforcement, and approval. Tending to be somewhat passive, you must learn how to take initiative and motivate yourself.
A lack of warmth (either physically, emotionally, or both) may be evident in you, which can show itself physically as a low energy level, paleness and lack of color in the skin, or a tendency to be easily chilled, and emotionally as a marked coolness or aloofness with little spiritedness, joyfulness, or enthusiasm for living. Eating warming, spicy foods, living in a warm, sunny place, and using fire in your daily life (lighting candles, using a wood stove or fireplace for heat) can help balance you. Also, spending time with warm, cheerful, positive-minded people and developing a philosophy based on spiritual optimism can stir up your own zest of life.
Positively, you are unlikely to be egocentric and have a capacity for great patience and peacefulness.
Water is Weak (F,E,A,W Scores = 2,6,40,1):
You have difficulty dealing with your own and others' emotions. Feelings and the emotional reality of a situation are often ignored or discounted by you and you may thus seem insensitive or uncaring to others. Deep emotional rapport, empathy, compassion, and sensitivity to the feelings of others is something that you need to develop, and will be in more evidence later in life rather than in your youth.
Though you may appear emotionally self-sufficient or above it all, your denied feelings can result in physical problems, so it is wise and important for you to learn to acknowledge and express all of your emotions.
You may also find that you crave a great deal of liquid, or to live near bodies of water, as a way to gain balance.
Section 4: Mental Interests and Abilities
Mercury in Gemini:
You have an extremely active, lively and versatile mind with a multitude of interests and an inexhaustible curiosity about life. You are quick to grasp new concepts and equally quick to lose interest in an idea or project once your curiosity has been satisfied. You like to taste a little bit of everything -concentration and disciplined study are not your strong points. Mentally restless, you may change jobs or locations frequently, or do work that involves movement, travel, and variety.
You have a flair for language, playing with words, speaking, writing, or teaching in an entertaining and informative way. You also enjoy meeting new people, conversing and learning a little bit about them, and you work well with the public.
Sales, advertising, communications, journalism, or public relations are good areas for you. Your ability to be articulate and to communicate well is one of your greatest strengths.
Mercury in 12th house:
You don't speak up readily, even when you have a lot to say! Also, your mind tends to drift and you find it difficult to study very factual material that doesn't have much color or imaginative appeal. Your intuition and first impressions are likely to be quite accurate, however, and you tend to depend upon this faculty in making decisions.
Mercury Conjunct Venus:
You appreciate aesthetics and have a fine sense of form, design, and beauty. You could develop considerable technical skill as an artist, designer, craftsman, or creative writer. You could also sell objects of beauty - artistic products, cosmetics, jewelry, etc.
You have the ability to please and harmonize well with others and tend to ameliorate relationships between people. Your sense of humor, tact, and personal charm are of great benefit to you in any work with people on a one-to-one level.
Mercury aspects Venus and Mars:
Although your tact was commented on above, you can also be very direct, even brutally frank, in the way you communicate, as mentioned below.
Mercury Square Mars:
Argumentative and rather aggressive and critical in discussions, you tend to turn any conversation into a debate, and sometimes a verbal war. You could be a spokesman for a righteous cause, a lawyer vigorously defending a client, a sharp analyst or critic. You are a convincing speaker, but are not especially receptive to the ideas and opinions of others. You have a forceful intellect and an aptitude for mental work.
Mercury Square Pluto:
Never satisfied with the face value of anything, you are always probing beneath the surface for deeper reasons and hidden motives - though you rarely reveal your own. You have a very suspicious, even paranoid, side. You mind is penetrating and deep and you have an aptitude for research, investigative reporting, or private investigation. You are keenly interested in the deeper aspects of the human psyche, with a sort of "x-ray vision" regarding the inner motivations and intentions of others. You are drawn to anything secret, hidden, or mysterious, and may pursue esoteric or occult studies. You are also a forceful and convincing speaker or writer, with the ability to influence people's thinking by the sheer power of your conviction.
Section 5: Emotions: Moods, Feelings, Romance
Moon in Gemini:
You do not appear to be an intensely emotional or sentimental person, and you are often unaware of your own or other people's deeper feelings and emotional needs. Tears and tantrums bewilder you and make you very uncomfortable. You would rather settle differences by talking things out reasonably and rationally, but you tend to ignore or poke fun at any attempt to probe your own or others' inner depths.
You avoid heavy, demanding emotional involvement and are wary of making personal commitments.
You need plenty of mental stimulation and you feel close to people with whom you can share thoughts and mental interests. Conversation is very important to you. The strong, silent type of partner is not for you.
Moon in 1st house:
You have a soft exterior and tend to relate very personally and sympathetically to other people. However, you sometimes let your emotions overpower your reasoning and logic, and consequently you are sometimes biased in your opinions. You are impressionable and rather gentle, or at least that is the way you appear. Your feelings are on the surface and you can not hide your emotions.
Moon Trine Saturn:
You have an inner poise and balance that enables you to act in a cool, efficient manner during emotional traumas and stress. You keep perspective and objectivity about highly charged emotional issues - sometimes to the chagrin of others who might wish that you would react more intensely. You are quietly supportive and faithful to your friends and loved ones.
Moon Conjunct Mercury/N. Node
Your interaction with others has an emotional overtone and you have a strong desire to share your feelings with others. Your circle of friends is likely to be large and you enjoy many pleasant meeting with them.
Moon Conjunct Mars/Jupiter
You are very intuitive and have the ability to make the right decisions guided by you inner feelings. You have a sense of honor and pride and are considerate of others. Others respect you and are willing to help you, because you don't act out of petty motives.
Moon Conjunct Jupiter/Pluto
You have a very rich emotional life and the ability to do the right thing at the right moment. Through an appeal to the feelings, you are able to influence the public; you may have the desire to work in some capacity to bring about social improvements.
Venus in Gemini:
In love, you are more interested in a person's sense of humor and intelligence than in their physique. You like a partner who is mentally alive and who keeps you guessing a little bit, and you become restless and bored with someone who never asks questions, never changes or surprises you. Talking, sharing ideas, going places together, and learning new things together is very important to your happiness. You need lots of social stimulation, are something of a flirt, and like to have many friends of both sexes. A possessive, jealous partner is very stifling for you.
Venus in 12th house:
You often hide your affection, or find your feelings difficult to express or get across to the person you love. Being openly affectionate and trusting often doesn't seem safe to you. You may feel your love won't be appreciated or reciprocated. You may get involved in secret love affairs or fall in love with a person who is quite unavailable to you. Love and sacrifice often seem to go hand in hand for you - having to give something up to be with the one you love, or having to relinquish some person or some aspect of an important love relationship.
Venus Square Mars:
You are intensely amorous and attractive to the opposite sex, and are not inclined to friendly platonic relationships. There is much tension in your love life - often because you put your desires ahead of your partner's, and are impatient about having your love needs satisfied. The whole arena of love, romance, and sex is endlessly fascinating for you and you are not happy without a love partner. You can "burn yourself out" by pouring so much of your energy into romance.
Venus Quincunx Neptune:
It is absolutely essential for you not to deceive yourself when it comes to love, romance, or the true nature of other people. You tend to be in love with love, and can be incredibly naive and easily seduced. Confusion, disappointments, and regrettable mistakes in both emotional and financial matters may result. On the other hand, it is also possible you will use your attractiveness or charm to deceive others. Clarity, directness, honesty, and realism regarding romantic love and people in general, need to be developed.
Venus Square Pluto:
You experience powerful, compelling emotional and sexual attractions, and you may feel that you have little choice or control over your desires. You have an intense need for love and may be emotionally greedy or insatiable. Your love life is passionate and often tumultuous and painful as well. Jealousy, power struggles, or possessiveness can become areas of conflict in your relationships. Positively, you can be unusually creative and bring about beneficial and healing changes in the lives of others, motivated by your deeply felt love.
Section 6: Drive and Ambition: How You Achieve Your Goals
Mars in Virgo:
You are a perfectionist and have high standards for your own work. You often feel that if you want something done right you must do it yourself, for others do not do as thorough a job as you do. Doing a task well is very important to you, and you may labor over minute details that others wouldn't bother with. You strive for accuracy, efficiency, and precision, and you become very irritable when things are not done "right".
On the other hand, you can become so much of a perfectionist and so self-critical that you will not even attempt many activities and projects, feeling that your efforts simply won't be good enough. You are usually modest and realistic in assessing what you can accomplish and, if anything, you underestimate yourself. Of course, practice makes perfect, and if you do apply yourself diligently in some area, you gradually gain self-confidence as you master skills and develop expertise.
You conserve your energy and pace yourself so that you do not waste or diffuse your efforts. An unwillingness to take risks or venture from the beaten track can sometimes limit your opportunities. In short, you may not aim high enough and settle for too little in life.
Mars in 4th house:
It is not easy for you to show the world at large your angry or competitive side, but your family sees this side of you more often. Temper tantrums, tumultuous family relationships, or a great deal of competition between you and one or more of your relations is likely. You like to be the one in charge in your home and you put a lot of energy into making it the way you want it.
Mars Sextile Neptune:
Unlike some who have hopes and fantasies, you are a person who tries to live out these dreams, no matter how impractical or fantastic they seem. You have a quixotic, idealistic streak. You may be more inspired to work for some higher cause than simply for your own personal achievement.
Mars Conjunct Pluto:
When you want something, you go after it with passionate zeal and are sometimes so driven by your desire that you lose all objectivity. You get so deeply involved in whatever you are pursuing that you become one-sided, even fanatical. Strong-willed and stubborn, you insist on having your way no matter the cost. You are fascinated with power. You often try to overpower anything or anyone you perceive as an obstacle, if not physically then by the force of your will. You can be ruthless and impersonal when it comes to achieving your ambitions and goals in life. You have enormous energy and are capable of extraordinary effort and great achievement. You can also become a compulsive workaholic.
MC Conjunct Saturn:
Your role in life is apt to be one of great responsibility and you take your tasks very seriously. A certain heaviness weighs on you because of this. You may have been unusually ambitious or mature at a tender age. You advance and attain your aspirations through dedication and perseverance, rather than fortune.
Sun Trine MC:
Happiness and fulfillment in your career are likely, because you give your all to it and will not make the sorts of compromises that others feel compelled to make in order to succeed. Self-expression and being your own person are very important to you.
Enormous aid is apt to come to you through your father or another important man in your life. Your relations with superiors and those in a position to boost your career are usually excellent.
Moon Trine MC:
Your career is apt to involve protecting, caring, nurturing, or "mothering" in some aspect. Home, family relationships, cherishing the past, continuing a tradition are also featured. You're apt to be quite popular through your profession or business.
MC Opposition Mercury/Neptune
Your inner life tends to be full of imagination and you are likely to have far-reaching ideas and plans. Peace-loving and generous, you are very sharing in your relation with others. But you also could become the victim of unintentional slights.
MC Opposition Venus/Neptune
Your disposition could seem a bit strange to others and you have a tendency to lose yourself in illusions. You have a very dreamy nature and are inclined to fantasize about erotic and sexual situations.
Section 7: Growth and Expansion: Areas That You Enjoy
Jupiter in Aries:
You believe strongly in the power of positivity and in each individual's ability to make life anything desired through one's own initiative and effort. The more you rely on yourself, the better you feel, and you find it difficult to ask for or accept outside help. The joy of competing (and especially winning!) runs deep in you.
Jupiter in 11th house:
You have good fortune working with groups, organizations, and others who share your ideals. You go further if you unite your efforts with others, as in clubs, networks, or civic associations. Social improvement, or benefiting your community is very important to you.
Jupiter Quincunx Neptune:
You are prone to impractical dreams and schemes and quixotic visions of what could be. If your plans are too farfetched or grandiose, they are apt to never be realized. Even if other factors in your chart indicate that you are a well-grounded, realistic person, you still have this unfettered imagination which sometimes runs away with you. Occasionally you can be duped.
Jupiter Conjunct Mercury/Saturn
You have a serious and structured perception of reality, are able to concentrate well, and you do everything in a methodical way. Very thorough and industrious, you work hard towards the accumulation of possessions and property.
Jupiter Conjunct Venus/Saturn
You are likely to keep more to yourself and seem to be happier by yourself than being with other people. You prefer a simple way of life and could get married to someone with considerable difference in age.
Section 8: Areas That Challenge You Or Are Difficult For You
Saturn in Aquarius:
You have an innate distrust of groups and/or a cynical attitude toward society that may leave you feeling out of step and unable to participate in activities with your peers. Overcoming a sense of aloofness and alienation from others is an important task for you.
Saturn in 9th house:
Your attitude toward religion, philosophy, and politics is very conservative and possibly narrow or rigid. On the one hand, you may believe in nothing that is speculative or intangible, requiring proof for any idea presented to you. Each idea is thoroughly and systematically examined. On the other hand, you may tenaciously cling to your grand philosophical or metaphysical beliefs and opinions, refusing to modify them or to be open and receptive to others' insights and perspectives.
Your overall outlook on life is serious, and you may feel that life or God will punish you if you do not watch your step!
Now we will discuss patterns of behavior which you instinctively and habitually revert to when under stress - a mostly unconscious process and one which you are apt to overdo because it is so familiar and thus easy for you. The direction you need to follow in order to develop balance, greater awareness, and wholeness is also described.
N. Node in Cancer:
When under stress you are apt to close down the flow of your emotions, ignoring your needs and feelings in order to do what you perceive as your duty or simply what the practical realities of the situation require. This can lead to a certain rigidity and hardness. If overdone, self-control, self-discipline, or an exaggerated concern over what society, family or others expect of you makes life more a burden than an adventure.
Developing tenderness, caring, feeling, and the feminine, nurturing aspects of yourself is an important step in your unfolding. You need to learn how to nourish and lovingly attend to both yourself and others. Letting yourself be taken care of sometimes is okay!
N. Node in 2nd house:
The arena you are most likely to wrestle with these issues is in your dealings with money, financial security, tangible assets and possessions. The qualities described above are ones you need to integrate in tangible ways: how you make a living, building assets and a secure material base, what you do with the resources you have. Try to avoid overinvolvement or entanglements with other people's money matters, legal business, and personal affairs.
N. Node Conjunct Mercury/Uranus
You co-operate well with others and have the ability to give and receive stimulating suggestions. You are always receptive to new ideas and ready for spontaneous group efforts. You seem to have an instant recall of things and are likely to act just as quickly.
N. Node Conjunct Venus/Uranus
Your feelings are heightened when you are with others and you have the ability to open up to them and show your feeling without reservation. Lead by your instincts, you are likely to have many spontaneous contacts with other people.
Section 9: Originality and Imagination Areas Where You Are Creative, Unique, Unstable, or Compulsive
Uranus in 4th house:
Your childhood or your relationship with your parents was unsettling or unstable in some way, so that you may never have felt that you had firm ground beneath your feet. One of your parents may have been unusual, eccentric, or an inconstant influence in your life. Abrupt changes in location or in family relationships may have made you feel insecure, but positively you were given more freedom and less pressure to conform to conventions, which enables you to be more of an individual and less tethered to restrictive ideas of how one "should" behave, feel, or live.
Neptune in 6th house:
You have a sensitive physique and may have allergic responses and sensitivities to foods, medicines, or anything you take in from the environment. Emotional stress and confusion seem to affect you physically, even more quickly than they affect other people.
Pluto in 4th house:
There was much that was hidden or secret in your childhood home, and you absorbed a sense of shame or a feeling that you need to hide and protect who you are from others. One of your parents had an especially intense bond to you and profoundly influenced you, perhaps dominated or controlled you in subtle ways. Unlocking the secrets of the past, and learning to be intimate and close to others without controlling or being controlled are issues for you.
Uranus Conjunct Neptune/Asc.
You tend to submit to other people's wishes too easily and put their needs before your own. At times you may suddenly realize their underhanded motives and find out that they were only trying to deter you from the pursuit of your objectives.
Neptune Opposition Mercury/Jupiter
You are very imaginative and well inspired, but have a tendency to think that nothing can defeat you. You may take foolish risks by misleading or deceiving other people with schemes that you know to be dishonest.
Neptune Opposition Venus/Jupiter
You tend to seek eternal happiness and have only beautiful images in your mind. You overlook the very real aspects of life and may fall in love with someone because he or she is so perfect. But afterwards, you may have difficulty accepting their faults and end up being disappointed.
Section 10: Generational Influences: Your Age Group
In this chapter we will discuss characteristics and traits of your generation. Of course, you may not share all of the characteristics of your generation, but you are greatly affected by the tone that is set by your generation.
The first topic is "The Subconscious and Emotional Drive of Your Age Group". In this section we will describe a deeply felt urge, even compulsion, of your age group. This deeply felt drive comes to the surface with great force and power, and consequently leaves in its wake considerable upheaval and change. The second topic is "The Ideals and Illusions of Your Age Group", that describes the dreams, fantasies, and spiritual aspirations of your age group. The third and last topic is "What is New and Different in Your Age Group", which describes areas in which your age group tends to be innovative, inventive, unusual, and also where it may be unstable and unreliable.
The characteristics described below may affect a group of people for anywhere from a few years to about 30 years. There are one or more different astrological factors described in each of the three sections below.
The Subconscious and Emotional Drive of Your Age Group
Pluto in Virgo:
You are part of a 15 year group of people that are driven by the need to find an ethical standard and a clear sense of what is right and what is wrong. There is a subconscious drive to straighten out all the world's evils and create a world of perfect order. There is a feeling of repulsion to anything ugly, dirty, or grotesque. Oddly enough, there is also often a fascination with these very things that are so distasteful, and often a feeling of hopelessness and despair about the world's condition.
These inner, emotional and conflicting qualities are reflected in the attitudes and life styles of your generation. Most people of your age group are conservative and ethical, and a small minority goes to the opposite extreme and relishes being strange or unusual in appearance, and sloppy or even grotesque in manners and appearance. There seems to be no middle ground for your generation. Usually, the rebellious type of behavior comes out during adolescence, and tends to subside thereafter, and your age group tends to be very conservative in later life.
Your age group is not very good at compromising and tends to have strong ideas about what is right and what is wrong. There is a strong feeling that you must extinguish evil in the world. Certainly, fostering good works is very commendable, but a categorical and simple-minded response to complex issues is not helpful. Your age group will undergo great transformations in attitudes regarding Good and Evil and will swing to great extremes. Your generation will also make great contributions in the areas of medicine and nutrition, ecology, and education.
The Ideals and Illusions of Your Age Group
Neptune in Scorpio:
You are part of a 14 year group of people that have very intense psychic sensitivity and imagination. Your age group is very attracted to the strange, weird, and unusual. The sense of the macabre and bizarre is strong, and this is reflected in much of the music, art, and fashions of your age group. Novels and movies with mystery and chilling suspense are also popular with your age group. Emotional depression, drug use, and suicide are likely to be relatively high in your age group. There is also a deep mystical sense, and Eastern religions and meditation are very attractive to your age group.
Neptune Sextile Pluto:
The entire generation to which you belong has tremendous opportunities for spiritual rebirth and awakening. This will not be forced upon you or precipitated by unavoidable events, rather it comes from an inner yearning and a natural propensity to seek the depths.
What is New and Different in Your Age Group
Uranus in Virgo:
You are part of a 7 year group of people who employ their skills and creativity to bring about a great deal of practical reform in education, medical care, and other social services. Your innovations are not radical or unusual, but they are usually effective.
Your generation also has a curious mixture of both conservative, ethical people, and rebellious, disruptive people. There seems to be little middle ground for your age group, and you swing to one extreme or the other. The conservative people strive to reinstate strict moral standards, want to swiftly punish criminal behavior, and strive to highlight the importance of old-fashioned values in our lives, laws, and overall life style. On the other hand, the rebellious people of your generation are angry at the established way of doing things and act in a defiant, crude, and coarse manner.


text:
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subset: commoncrawl


text:
Lawmakers push for cellphone kill switches
With cellphone thefts on the rise in cities across the nation, federal lawmakers say tracking apps aren't a strong enough defense. They say cellphones and smartphones need to have a mechanism to render them completely inert if they are stolen -- a device that advocates are calling a "kill switch."
Federal legislation moving through the U.S. Senate would require new cellphones and smartphones to have a device that would allow a phone's true owner to lock or delete all of the information from the phone. Similar legislation was introduced in the U.S. House earlier this month.
The bills would also require that the phone be made unusable on any cell network -- even if the internal storage device is removed -- unless the phone's true owner enters a password.
"These phones often contain the keys to the kingdom," said U.S. Sen. Richard Blumenthal, D-Conn., who is one of the main supporters of the Senate legislation. "Personal information about loved ones and friends, personal financial information and personal data creates a mother lode for identity thieves."
The kill-switch legislation is also backed by the Secure Our Smartphones Initiative, a coalition led by New York State Attorney General Eric Schneiderman and San Francisco District Attorney George Gascón.
The goal of the kill switch isn't just to prevent cellphone thefts -- which cost consumers an estimated $30 billion per year -- but also to discourage robbers who are holding people up specifically to get their phones.
More InformationPercentages of robberies in which a cellphone is taken
Bridgeport: 33 percent
National Average: 33 percent
Washington D.C.: 38 percent
New York City: More than 40 percent
San Francisco: 50 percent
Sources: Bridgeport Police Department, the Federal Communications Commission and the National Consumers League
Advocates said if robbers knew the cellphones could quickly be rendered useless, they would be less likely to target phone owners for theft.
Danbury police have investigated eight robberies involving cellphones in the last 12 months, though none have been reported since the new year, said Lt. Christian Carroccio, department spokesman.
In their experience, Danbury police have found that cellphones -- typically iPhones -- are stolen not necessarily for their monetary value but to keep victims from reporting the crime more quickly. In one case last summer, a robber initially took the vicitm's cellphone as well and money, but returned the phone before fleeing.
"It's not prevalent just to actually rob someone for the cellphone," Carroccio said. "They take the money then try and take the phone as a way of keeping them from calling the cops ... Basically the phone is the secondary thing to taking the money or jewelry."
Bridgeport police said that a cellphone is taken in one-third of the city's robberies, and in other major cities around the country, the numbers are even higher. Authorities in San Francisco estimate that a smartphone is taken in half of all street robberies there.
Bridgeport Police Chief Joseph L. Gaudett Jr. said that he is supportive of the kill switch as a way to deter robberies, which can potentially become violent crimes.
"Obviously, there is a lucrative underground market for these phones, both here and internationally," Gaudett said. "If a remote kill switch could render a phone useless -- and valueless -- that could have a huge impact."
While kill switches are still in development, the Bridgeport Police Department has stepped up its efforts to encourage people to be more careful with their phones.
The design of a cellphone kill switch is still in the works, and the idea faces stiff opposition from the cellphone industry itself.
The CTIA, the main lobbying group for wireless companies in Washington, said that kill switches could be expensive to develop, and it says hackers could potentially use a kill switch to disable large groups of phones, like those of an entire company or government agency.
The CTIA refused to be interviewed for this story.
"We encourage consumers to use currently available apps and features that remotely wipe, track and lock their devices in case they are lost or stolen," said Michael Altschul, the CTIA's senior vice president and general counsel, in a prepared statement. "And our members are continuing to explore and offer new technologies to address these crimes while not inadvertently creating a `trap door' that hackers and cybercriminals could exploit."
Wireless companies made a voluntary agreement among themselves in 2012 that the CTIA says will help to curb cellphone theft.
The companies said they would develop a database by the end of last year that would blacklist any phone that is reported stolen and make it difficult for thieves to reactivate the phone U.S. networks. The industry group says it supports another piece of federal legislation that would make it a crime to modify a phone to get around the blacklisting.
They also agree to educate consumers about how to lock their phone with a password and how to remotely wipe data and track their phone if it is stolen.
But advocates like Blumenthal and Secure Our Smartphones say that modifying a phone to get around the database blacklist is fairly easy, and that sophisticated criminals are unlikely to care about tougher legal penalties for doing so.
While many newer smartphones come with some kind of tracking software pre-installed, the industry's agreement doesn't require that a tracking app be included with the phone. Many such apps are available for download on all of the major platforms, but only a few of those apps are free.
Blumenthal and others say there needs to be a mechanism on every phone so that customers can protect their data quickly after a theft.
"Most consumers who become victims of identity theft are very significantly harmed in lasting and irreparable ways," Blumenthal said. "Very simply, the best way to protect the consumers is to prevent the identity theft by disabling the phones."
Staff writer Denis O'Malley contributed to this report.


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Common Health Question
NHS-funded nursing care is care provided by a registered nurse for people who live in a care home. The NHS will pay a flat rate contribution directly to the care home towards the cost of this registered nursing care.
You may be eligible for NHS-funded nursing care if:
You should be assessed for NHS continuing healthcare before a decision is made about whether you are eligible for NHS-funded nursing care.
Most people don't need a separate assessment for NHS-funded nursing care. However, if you do need an assessment or you haven't already had one, your clinical commissioning group (CCG) can arrange an assessment for you. Find your local CCG.
If you're eligible for NHS-funded nursing care, the NHS will arrange and fund nursing care provided by registered nurses employed by the care home. Services provided by a registered nurse can include planning, supervising and monitoring nursing and healthcare tasks, as well as direct nursing care.
If you're not eligible for NHS-funded nursing care and you don't agree with the decision about your eligibility, you can ask your CCG to review the decision.
NHS-funded nursing care is paid at the same rate across England. In April 2017, the rate was set at £155.05 a week (standard rate).
Before October 1 2007, there were three different levels or bands of payment for NHS-funded nursing care – low, medium and high.
If you moved into a care home before October 1 2007, and you were on the low or medium bands, you would have been transferred to the standard rate from that date.
If you moved into a care home before October 1 2007, and you were on the high band, NHS-funded nursing care is paid at a higher rate. In April 2017, the higher rate was set at £213.32 a week. You're entitled to continue on this rate unless:
Read the answers to more questions about caring, carers and long-term conditions.


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BEAVERTON, Ore. (AP) — Portland Timbers coach Caleb Porter was named the Slats Gill Sportsperson of the Year at the Oregon Sports Awards.
In his first year with the Major League Soccer club, Porter led the team to a 14-5-15 record, a dramatic 23-game turnaround from the previous season. The Timbers finished atop the Western Conference standings and advanced to the conference finals in the playoffs.
Porter accepted the award at a ceremony Sunday night at Nike's Beaverton headquarters.
U.S. women's national soccer team forward Alex Morgan, who helped the Portland Thorns win the inaugural NWSL championship, and Trail Blazers guard Damian Lillard, last season's NBA Rookie of the Year, were each honored with the Harry Glickman Professional Athlete of the Year award.
Oregon's Elizabeth Brenner, who has played on the volleyball, softball, basketball and track teams, received the Bill Hayward Amateur Athlete of the Year award, as did former Oregon State's Brandin Cooks, who won the Biletnikoff Award for the nation's best receiver this past season.
Beavers coach Mike Riley accepted for Cooks, saying he "represented all of us at the highest level as a player and a person."
The annual awards, hosted for the second straight year by ESPN's Neil Everett, puts special emphasis on the state's outstanding high school athletes.
Prep basketball player of the year honors went to Mercedes Russell of SpringfieldHigh School, currently playing for Tennessee, and Calvin Hermanson of Lake Oswego High, who now plays at St. Mary's.
Prep football player of the year was Central Catholic's Ryan Nall, who rushed for 1,684 yards and 22 touchdowns to help the Rams win the state championship. Volleyball player of the year was Saskia McNairy of Lakeridge High.
"It was a fun season. Next year I can't wait to go down to Corvallis and be a Beaver," Nall said.
Michelle Cefal of Westview and Cameron Stitt of Sunset won for best prep swimmers of the year, while Crook County's Tyler Berger won for top wrestler after winning his third straight state championship.
Jesuit's Erin Larner and Lincoln High's Goutham Sundaram were honored as top prep tennis players, while Beaverton High's Gigi Stoll and Westview's Nick Baines took home honors for golf. Jesuit's Christo Michaelson and Tualatin's Jill Farley won for soccer, and Summit's Matthew Maton and Grant's Ella Donaghu won for cross country.
Gresham High's Haley Crouser and OregonCity's Beau Brosseau won track honors, North Medford's Maryssa Becker was named top softball player and Clackamas High's Austin Kelly was named top baseball player.
The Johnny Carpenter Prep Athlete of the Year honors for classes 1A-4A went to Oakland multisport athlete David Henry and NorthValley's Venessa D'Arpino, who plays soccer and runs track. Russell and West Albany football standout Jake LaCoste won in the 5A-6A class.
Junction CityHigh School coach Craig Rothenberger was awarded the Game Changer Award for dedication to prep sport. Portland Tribune columnist Kerry Eggers and editor Steve Brandon were honored with the DNA Award for dedication to sport in Oregon.
Travis Koski, an athlete from Hillsboro, was honored as the Special Olympics Athlete of the Year.
"I'm a transformed person," Koski said. "Once an athlete always an athlete."
The George Pasero Teams of the Year included Oregon State's baseball team, Concordia's women's soccer team, Oregon's acrobatics and tumbling team, Oregon's women's indoor track and field team, Linfield's baseball team, the Portland Winterhawks and the Portland Thorns.
CorbanUniversity softball player Stephanie Hull and Linfield pitcher Chris Haddeland were honored as the top small college athletes.
Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


text:
The Teal Magnolias
Donate to our journey and make this Weekend matter!
The Shoppers Drug Mart® Weekend to End Women's Cancers™ is a 2-day, 60-kilometre or 1-day 32-kilometre walk through the neighbourhoods of Toronto. It's going to be a challenge, but we're ready to do something bold and powerful in an effort to end women's cancers once and for all.Our commitment is based on our love for our fellow sisters, mothers, grandmas, daughters, nieces, and friends everywhere. It's based on the realization that we each need to do our part in this fight. We can walk. We can raise funds to benefit Princess Margaret Cancer Centre– a leader in the fight against all women's cancers. We can and choose to be a part of this movement to take down women's cancers!We ask you to take a stance with us and join this life-saving adventure for all women. Be a part of our very personal journey - by giving, by walking with us, or simply by sharing our story with your circle of influence. Don't stand back and think about what you could have done – take that first step today! Take a chance with us – we're going to change thousands of lives, beginning with our own.This is OUR journey. Make it a Weekend we'll never forget.
Support The Teal Magnolias!
Gabriel Lamb
Elaine Berman
Day of Difference
From your Team Captain
Carole & Larry Garber
© 2014 CauseForce, LLC. The Weekend to End Women's Cancers logo is a registered trademark of The Princess Margaret Cancer Foundation, used under license. Shoppers Drug Mart is a registered trademark of 911979 Alberta Ltd., used under license.


text:
No . 94,8161
1. The policy reflected in K.S.A. 77-526(c) is to assure notification to an aggrieved litigant of the precise steps for meaningful appellate review. Although the statute may not be directly applicable to inmate disciplinary proceedings, the policy is most assuredly of equal importance in this context, and the better practice would be to offer similar advice to an inmate on each and every action notification.
2. Rules and regulations adopted by an administrative board to carry out the policy declared by the legislature in the statutes have the force and effect of laws; such regulations are issued for the benefit of both the agency and the public, and an agency must be held to the terms of its own regulations.
3. An agency may not violate its own rules, and where it fails to follow the rules that it has promulgated, its orders are unlawful.
4. When an agency disregards its own procedural rules, it is estopped on appeal from arguing that failure of a litigant to observe those same procedural rules deprives the appellate court of jurisdiction.
5. The unique circumstances doctrine is based on a theory similar to estoppel and generally provides that a party ought not be denied an opportunity to appeal because of his or her failure to file a timely appeal when that failure resulted from reliance on action taken by the lower tribunal that generated a reasonable belief that an appeal could be initiated at a later date.
6. Where an administrative agency misleads a litigant as to the deadline to seek reconsideration, which is a prerequisite to further appeal, the litigant should not be deprived of his or her rights if he or she acts within the erroneously stated period.
Appeal from Leavenworth District Court; ROBERT J. BEDNAR, judge. Opinion filed March 31, 2006. Reversed and remanded.
Charles McMillan, appellant pro se.
Ralph J. De Zago, assistant attorney general, for appellees.
Before ELLIOTT, P.J., GREEN and GREENE, JJ.
GREENE, J.: Charles McMillan appeals the district court's dismissal of his K.S.A. 60-1501 petition on the ground that the court lacked jurisdiction due to the untimely filing of the petition. McMillan argues that he was not provided notice of his appeal rights and that his time to file the petition should be tolled during his efforts to exhaust administrative remedies. Concluding that estoppel and the doctrine of unique circumstances renders McMillan's filing timely, we reverse the dismissal and remand for further proceedings.
Factual and Procedural Overview
McMillan is an inmate at Lansing Correctional Facility who received a letter dated July 15, 2004, stating that he would be classified and managed as a sex offender and failing to provide any notice of rights for review or appeal. The record fails to reflect when this letter was received, but McMillan filed a "Form 9" request for review of the decision on July 27, 2004, stating, "I would like to know who is responsible for this request [to be classified a sex offender]." By response dated July 29, 2004, McMillan was advised in virtually illegible handwriting by an unknown agency employee that "[t]he KPB made the original request to have you managed as a sex offender . . . . Talk to your [counselor?] if you want to request an override." Again the record fails to reflect when this response was received by McMillan, and again, the response failed to provide any notice of rights for review or appeal.
On August 3, 2004, McMillan submitted a handwritten request "to this committee and to any panel related thereof" challenging the classification on the basis that
"1) I am not a convicted sex offender by any state or federal statute and or court.
"2) I have no juvenile adjudication as a sex offender from any court.
"3) I have never been convicted of a crime that was sexually motivated.
. . . .
"4) Having never been convicted of a sex offense, I proclaim that I have never engaged in any type of sexually motivated behavior prohibited by the K.D.O.C. rules while in custody.
"5) Included with this request is a journal entry from the Reno County Courthouse . . .which stipulates no [sexually motivated] convictions therein and the reasons therefore [sic]. [Indeed, the journal entry finds insufficient evidence to bind McMillan over on attempted rape and attempted aggravated criminal sodomy.]"
By letter dated September 9 and received by McMillan September 15, 2004, the request for relief was denied. On September 17, McMillan filed a formal grievance under K.A.R. 44-15-102 stating:
"I'm filing this grievance as to being classified as a sex-offender by the K.P.B. and the Sex Offender Override Panel. What criteria did the K. P.B. use in determining why I am now to be managed as a sex offender? Who was the person(s) who initiated the request that I be managed as a sex offender? Finally, what written request or documentation, did the sex offender override committee use in determining me as a sex offender."
The Unit Team response dated variously 10-11-04, 10-13-04, and 10-15-04 stated that
"[t]he Kansas Parole Board passed you until April, 2007, with the recommendation for SOTP treatment. We had to request you be managed as a sex offender to offer you SOTP treatment. Please write the Parole Board regarding why they recommended SOTP treatment."
McMillan indicated on the grievance response form that he was not satisfied with Unit Team response and selected the option to forward to the Warden's Office for review on October 14, 2004.
By letter attached to the original grievance form and dated October 18, 2004, the Warden responded stating that "no action can be taken" because the grievance procedure is not to be "used in any way as a substitute for, or as part of, the classification decision making process." The letter response also indicated that McMillan should comply with IMPP 11-115(C)(4)(a) (which refers to IMPP 11-106[V]) to process "any further appeal." In contrast to the attached letter, the form response itself stated: "If dissatisfied with this response, the inmate may appeal to the Secretary of Corrections [within] three (3) calendar days of receipt."
On November 22, 2004, McMillan completed another Form 9 request for review addressed to the Warden asking "for a sexual override as to being classified as a sex offender." In support he stated that "there was a judicial determination that there was no probable cause to establish that my crime(s) were sexually motivated." In a "Disposition" signed by an "executive officer" and dated December 2, 2004, McMillan's request was apparently denied on its merits with this statement:
"First of all, LCF has supported your override, however the decision to manage you as a sex offender has been made by the MDT. Unless you have new evidence to present there is no further appeal to this decision."
In the apparent belief that the December 2 determination was final, McMillan filed his petition under K.S.A. 60-1501 on December 22, 2004.
The district court dismissed McMillan's petition for lack of jurisdiction, concluding that pursuant to administrative regulations, McMillan had 72 hours from the initial notification (September 9) that his override was denied to file his Form-9 appeal of the override denial, and his efforts thereafter failed to toll his 30-day deadline to file the 60-1501 petition. The court relied on IMPP 11-106, which states:
"Within 72 hours after receiving a classification decision, the inmate may appeal the decision to the warden. The inmate's request shall be submitted through the unit team as a form 9 request for review."
McMillan appeals.
Standard of Review
Our standard of review is whether the factual findings by the district court are supported by substantial competent evidence and whether those findings are sufficient to support its conclusion of law. Rice v. State, 278 Kan. 309, 320, 95 P.3d 994 (2004).
Was McMillan Entitled to Notice of His Appeal Rights?
In his well-presented pro se brief on appeal, McMillan initially argues that he was never given notice of his right to appeal the September 9, 2004, decision of the Sex Offender Review Panel that denied his request for an override of the sex offender classification. The respondents argue that "this is a moot point" because McMillan did not timely file the appropriate appeal even after he was advised of the appropriate procedure in October 2004. We disagree that McMillan's point is "moot"; in fact, we conclude that had the September 9 letter contained a brief statement as to McMillan's rights for review or appeal (such as: "You have 72 hours to appeal this decision to the warden through the unit team as a form 9 request for review pursuant to IMPP 11-106[V][A]."), a host of administrative effort as well as judicial time might have been saved. Moreover, at no time during the rather protracted administrative proceedings thereafter was McMillan advised that all was for naught because his appeal rights terminated September 18, 2004.
McMillan correctly notes that this court has referenced the Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA) in construing and applying Department of Corrections regulations. Indeed, in Holt v. Saiya, 28 Kan. App. 2d 356, 360, 17 P.3d 368 (2000), the court cited and relied on a case interpreting K.S.A. 77-613(b) in determining whether a request for reconsideration should toll the deadline for filing a 60-1501 petition. Similarly, McMillan requests that we reference and apply a key provision within the Administrative Procedure Act, K.S.A. 77-526(c). This statutory subsection reflects a mandatory notice of review and appeal rights within any initial or final administrative order:
"The order shall also include a statement of the available procedures and time limits for seeking reconsideration, administrative review or other administrative relief. . . . Any final order, for which a petition for reconsideration is not a prerequisite for seeking judicial review, and any initial order, for which further administrative review is not available, shall state the agency officer to receive service of a petition for judicial review on behalf of the agency."
We find no similar requirement in Department of Corrections regulations or applicable statutes. Moreover, McMillan does not mount an effective constitutional attack on the sufficiency of the notices of administrative action received during the course of his administrative proceedings. In any event, we need not address the question at this time given our resolution of McMillan's second issue on appeal. Instead, we simply note that this court routinely sees instances of inmate confusion regarding the appropriate procedure or forms to institute a review or appeal or grievance of various disciplinary, classification, grievance, or other agency actions. We believe that the policy reflected in K.S.A. 77-526(c) is to assure notification to an aggrieved litigant of the precise steps for meaningful appellate review. This policy is most assuredly of equal importance in the context of inmate administrative proceedings but is thwarted in the absence of similar advice to an inmate on each and every action notification. We fail to understand why such action notifications do not consistently contain a brief but clear statement of instructions to inmates as to the procedure, forms, and timing to seek review.
Did McMillan's Efforts to Exhaust Administrative Remedies Toll His Deadline to Appeal?
McMillan next challenges the district court's dismissal for lack of jurisdiction when his 60-1501 petition was filed within 30 days of the final agency action. He claims that he made extensive efforts after July 15 to exhaust administrative remedies and that he did not receive a final action notification until December 2, 2004, within the required 30 days of filing his 60-1501 petition on December 22, 2004. For the reasons explained below, we conclude that McMillan's petition should be deemed timely, thus requiring that we reverse the district court's dismissal and remand for a hearing on McMillan's petition.
The district court dismissed McMillan's petition on the ground that the September 9 letter was not appealed within 72 hours pursuant to IMPP 11-106(V)(A). The respondents on appeal concede that McMillan attempted to exhaust administrative remedies, but did so through incorrect, untimely, and ineffective procedures. As we see it, however, the problem is that respondents did not adhere to their own regulations and misled the inmate throughout the process. McMillan articulates his position as follows:
"The warden [accepted] petitioner's late appeal [Nov. 22 Form 9] and made a ruling [Dec. 2] with the knowledge that petitioner was filing a late appeal. As petitioner explained in the appeal, petitioner was not given notice by the Sex Offender Review Panel that an appeal was available. Petitioner did exhaust his administrative remedies. Petitioner's exhaustion requirement should not be subjected to a hyper-technical reading and enforcement by the courts of the Secretary's Internal Management Policies and Procedures when the administrative agency governed by the policy determined to hear the appeal."
We agree. We deem the warden's acceptance of McMillan's untimely Form 9 request for review and the subsequent December 2, 2004, ruling on its merits as a waiver of the agency's own rules requiring such requests to be filed within 72 hours of the initial classification determination. Rules and regulations adopted by an administrative board to carry out the policy declared by the legislature in the statutes have the force and effect of laws; such regulations are issued for the benefit of both the agency, and the public and an agency must be held to the terms of its regulations. Tew v. Topeka Police & Fire Civ. Serv. Commn', 237 Kan. 96, 100, 697 P.2d 1279 (1985). An agency may not violate its own rules, and where it fails to follow the rules that it has promulgated, its orders are unlawful. Kansas Commission on Civil Rights v. City of Topeka Street Department, 212 Kan. 398, Syl. ¶ 1, 511 P.2d 253, cert. denied 414 U.S. 1066 (1973). Here, the warden's final action on McMillan's request for review need not be considered unlawful, but it renders ineffective the agency's argument on appeal that McMillan's petition was untimely. When an agency determines to disregard its own procedural rules, it is estopped on appeal from arguing that failure of a litigant to observe those same procedural rules deprives the appellate court of jurisdiction.
In addition to our conclusions of waiver and estoppel, we note that this appeal presents circumstances for application of the doctrine of unique circumstances to save the otherwise untimely appeal. This doctrine has been embraced by our Supreme Court since at least 1988 and has been articulated as follows:
"'When employed in the context of an untimely appeal, the unique circumstances concept is based on a theory similar to estoppel. The [United States] Supreme Court seems to have concluded that a party ought not be denied an opportunity to appeal because of his failure to file a timely appeal when that failure resulted from reliance on action taken by the district court that generated a reasonable belief that an appeal could be initiated at a later date.'" In re Tax Appeal of Sumner County, 261 Kan. 307, 313, 930 P.2d 1385 (1997).
Our Supreme Court has specifically held that where an administrative agency misleads a litigant as to the deadline to seek reconsideration, which is a prerequisite to further appeal, the litigant should not be deprived of his or her rights if he or she acts within the erroneously stated period. Sumner County, 261 Kan. at 317. Here, McMillan was variously told in action notifications that his next step was: (i) talk to your counselor; (ii) write to the Parole Board about your SOTP; (iii) forward your Unit Team response to the warden; (iv) comply with IMPP 11-115(c)(4)(a) (even though the time for such action had long ago expired); and (v) appeal the grievance disposition to the Secretary of Corrections. He was never told that his appeal rights terminated September 18, 2004, long prior to most of this inconsistent advice. If this was not already confusing if not misleading, at no time was McMillan advised on a timely basis what were the proper steps to institute review or appeal of his classification decision. We conclude that this is a proper case to invoke the doctrine of unique circumstances and consider McMillan's 60-1501 petition timely. Accordingly, the district court's dismissal of the petition is reversed, and the matter is remanded for further proceedings consistent with this opinion.
Reversed and remanded.
1REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2005 Kan. Ct. R. Annot. 50). The published version was filed with the Clerk of the Appellate Courts on May 25, 2006.


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Being a woman Marine in 1940s wartime came with its share of culture shock, as this veteran relates. Her well-intentioned patriotism made for some amusing anecdotes and inspiring memories.
Women's continuous active service in the U.S. Marine Corps began in 1943. Before I joined in 1944, I had finished high school, completed two years of college and worked two years building liberty ships at South Portland Shipbuilding in Maine. We were teachers, restaurateurs, bank tellers clerical workers, married women whose husbands were overseas. Women Marines were never sent into battle. This was a good thing for me, because at 100 pounds and a tad over 5 feet, it is dubious whether I could have managed a full field pack. Our purpose was stated on our recruiting posters: ""Free a marine to fight."" We had no official acronym, such as WAVES, WACS, or SPARS. Derisively, the term BAM (broad-assed Marines) was suggested by some male chauvinists, but this was ridiculous. Plenty of us had butts smaller than theirs.
Enlistment was for the duration of the war plus six months. I had my physical and aptitude tests in Boston. Although I had met all the requirements to qualify for Officer's Training School, I was disqualified because I had to wear glasses at times. This really didn't matter to me-none of us was in it for the money. I made more in a week at the shipyard than I did in a month as a corporal (about a C-note).
When I received orders and travel and food chits, I left by train from Portland to Washington, DC, attired in sensible clothes and shoes and waved off by a contingent of friends and family. We arrived in D.C. the next day and were told that there would be a four hour wait until the trip to Camp Lejeune. We could use our food chits to eat in restaurants and explore the sights in the city, but no cocktail hour and to report at the station for roll call at the specified time. We then boarded the train to Camp Lejeune.
During World War II, many things were strictly rationed, gasoline particularly, so the railroads had to activate any of their rolling stock that could move, regardless of its age. Our train might have transported Abraham Lincoln's troops, no air conditioning, primitive toilet facilities, and windows that must be left open in spite of dust or fumes, as it was late summer. Bunks were three high. I slept, but when ""Hit the deck"" awoke me, I forgot I was on the third tier and I hit the deck at about 6.5 on the Richter scale!
Next day we arrived at Lejeune, a motley crew, all sizes and shapes, from nearly every state in the union and different walks of life: city gals and country gals, coal miners' kids, southern belles, and ministers' daughters. Uniforms were issued to us in a few days. I hoped to look exactly like the lovelies on the recruiting poster posters, but in my oversized uniform I looked like a dowdy Russian prison matron. When I later had access to a sewing machine, I made alterations that really did the trick. I gladly offered my talents to others with similar problems and was most gratified to overhear the officer doing personnel inspections ask: ""Why does Company A always look so sharp?""
Laundry was done for the men, but we ladies had to do our own at the washhouse adjacent to the women's compound. There were no washing machines or dryers. Just series of deep washtubs, ""Irish ukuleles"" (washboards), and hand wringers. To dry the clothes, we hung them out on lines behind our barracks or, in case of inclement weather, draped them onto a series of metal rods that slid into a heated space. There were ironing boards and irons in the squad room.
We had fatigues and gym clothes, but skirts were what we wore most of the time. Lejeune was a spit-and-polish base and, as we were in a school devoted to the education of recruits, we were expected to appear exemplary. Pantyhose hadn't been invented, and silk stocking were a thing of the past (we were not then on good terms with the Orient). Nylons were prized but in very short supply, so were force to wear cotton lisle stockings. All of our hose had seams down the backs of the legs and it involved some rather athletic bending and twisting to get the damn things in a straight line.
Our makeup was to be kept minimal; however we were permitted to wear lipstick (and nail polish on occasion) of the exact shade as our red stripes, especially formulated for us by Helena Rubenstein. No jewelry was worn except watches, simple rings, or ID bracelets. Our uniforms were worn at all times during the war, no civilian clothing except on the beach.
Boot camp naturally necessitated a bit of attitude adjustment for each of us. We had a little difficulty convincing the minister's daughter that she must go through the communal showers naked. The southern belle declared she never in her life cleaned toilets or trash cans, servants did this in her home and that she absolutely would throw up if she were compelled to do so. I suggested that she would then be responsible for cleaning up her own mess, at which point she decided she would manage it after all.
We looked forward to chow call. The food was excellent and plentiful, but we had to be in and out in 15 minutes. In the necessary haste, the gravy might wind up on your vanilla ice cream instead of you mashed potatoes.
We had little time to ourselves with classes, drilling, physical education, reading Rocks and Shoals, familiarizing ourselves with military protocol, walking patrol, and keeping our persons and our surrounding in perfect order. Early every Friday morning there was field day, with rigid inspections of personnel and barracks.
One Thursday night after lights out, I noticed that the venetian blind on the tall window next to my bed was decidedly askew at the top, which could mean that my bunkee and I would be gigged for this oversight and we might miss out on our weekly visit to the PX, our one brief emergence from the enclave. I whispered to my bunkee that if she would help me we could very quietly move the huge, lidded, galvanized metal GI trash can in the squad room beneath the window so I could correct the default with no one the wiser. It didn't quite work out, the lid to the can was not the proper size, and just as I completed the adjustment to the blind, the lid fell in the can. Then I fell in the can and it tipped over on the cement deck with a racket like two nights in full armor falling down a flight of concrete stairs, arousing the entire squad room. So much for my bright idea.
I can't forget the first time I had to report to one of the officers to deliver a report. I knew that I would have to execute a proper about-face turn upon departing. So I practiced on the cement deck and thought I had it down pat. What I failed to take into consideration was that the office was tiled in linoleum, waxed with a buffer to a glacial slickness, and my shoes were leather-heeled and soled. As a result, my snappy about turned into something like the gyrations of the Tasmanian Devil in the cartoons, and I ricocheted off the wall with my hat tipped rakishly over on eye. Said the officer: ""I sure would like to see what you do for an encore, Private!""
I soon discovered that in some cases, it wasn't in my best interest to be too zealous in the performance of my duties. While on a brass-polishing detail in the barracks (kick plates, doorknobs, and the brass nozzle on the large fire hose in the corridor), I remarked to one of my coworkers how pristinely white the heavy canvas fire hose was. It occurred to me that constant scrubbing of the hose might have impaired its efficiency, and that maybe we should test it out. She agreed that this seemed like a sensible idea that could protect our fellow Marines from a possible dangerous conflagration, so we pointed it out the door and turned it on. The hose leaked like a sieve and sprayed the environs with a considerable amount of water before we could turn it off. We wound up with swabs, buckets, sponges and not a single commendation or word of appreciation for our diligence. (However, the hose was subsequently replaced with a new much grayer one.)
We went to the bivouac area to see what jungle warfare was all about. We were sent singly down a vague and shadowy path and told to beware. I'm sure that guys had fun rolling dead hand grenades out of spider traps right under our feet, blasting away at us from camouflaged hideouts with blank cartridges, an watching us explode distant charges when we tripped our invisible wires. We could understand that the real thing would be nothing short of hell.
At the completion of boot camp we were assigned orders immediately with no furlough. Human ""computers"" were badly needed and as I had been trained for and done administrative work before, I wound up in Schools Command at Lejeune. New machines were nearly impossible to come by, so we had to use equipment that looked as it had been around since World War I. I had to do payroll for the company on an old manual typewriter (five carbon copies with absolutely no mistakes, or the whole page was illegal and must be done all over again perfectly). New recruits came in regularly, and sometimes I would have to get up in the middle of the night to check orders and get them billeted. There was always some form or other that to be typed in at least triplicate.
We were paid once a month in cash. I had to go to the bank on the base to pick up the dough and sign for it. We never worried about our cash being stolen. The lowest form of life in the service in those days was a lousy crook. We had locks on nothing. Neither I nor anyone else in the barracks ever lost as much as a pack of cigarettes to stick fingers.
In whatever spare time we had, we were afforded many recreation options. The women had their on ""slop chute"" to which a man could on go unless he was guest of one of us. By the same virtue, we did not go to their clubs without being escorted. In our place, we could get 3.2 beer, soda, and munchies. There was little danger of drunkenness. We had to be in at 2200 on the weekdays and 3.2 beer is bilge water; you could drown in the stuff before you got the least bit of a buzz. There was a big old nickel-a-play jukebox and a decent sized dance floor. We played card and board games, but best of all we talked and danced together.
On the base we used bicycles to go places, as there were practically no cars. There was a nice golf course and club-house where we could check out clubs for free; tennis courts, to which tennis stat Helen Wills Moody once came to give us some pointers; plenty of free movie houses with a different film almost every night; a number of big swimming pools; and the boathouse, manned by Marines, all experienced sailors, who'd take us out in the lightning-class-sail-boats. It was great pleasure on a fine moonlit evening to sail over New River to Smead's Ferry, where the natives offered the best fried shrimp in the world plus a bottle or two of real cold beer, cheap.
Once in a while we'd pop into Jacksonville, a simple little town that wasn't prepared for a wartime complement of thousand of Marines from Lejeune. There was on restaurant there, owned and operated by a former Marine. Here, he told me and a girlfriend, he could serve us decent steaks, which during the war were few and far between. Alas, the clientele sometimes wasn't to select, and just about the time two mouth-watering T-bones arrived at our table one evening, two drunken Neanderthals decided to go on a rampage, throwing objects fists, crashing into tables, scattering silverware and condiments. I was damned if anything was going to prevent me from enjoying my much anticipated treat. I told my friend to get under the table, and just as these creatures cam charging down the aisle, I shoved a chair right in front of them and they connected with it full tilt. It was then easy for the MPs to apprehend them. The owner arrived on the scene to see if we were okay, bearing a couple of free beers.
Alcohol was not one of your major concerns, but human nature is such that we are prohibited from indulging in something, the determinate to obtain it takes over. It was soon to be the Christmas and New Year holidays and many of us had no leave. Enlisted personnel could get nothing at our clubs but revolting 3.2 beer. We could manage to get some liquor at the state store (one quart a month with a ration book and an ID), but we could drink it on the street or in a restaurant and we forbidden to bring on the base. All bags and packages were examined, but the guard were not to frisk us bodily. Carefully clinching flat pints to our waists under our trench coats was the only solution. What to do with them once we managed to get them into the barracks was the poser, inspection for this contraband were merciless. Some serious plotting needed to be done.
As I was relaxing on my bunk, my eyes connected with an object hat game me a brilliant idea that I believed could work if properly orchestrated. On the shelved just above he clothing racks that extended down the center of the squad room were our laundry essentials, including bleach, which came in opaque brown glass bottles then. Eureka! I summoned the company and outlined the plan. First, we must carefully dispose of the bleach, rinse the bottles well, fill them temporarily with water, and place them back on the shelves. Then, we could bring in our flat pints and gradually and very secretly transfer the contents into the emptied bleach bottles, placing them back on the shelf. Next, whoever was walking patrol must stealthily dispose of the empty booze bottles in a desolate stretch of the boonies, as any dead soldier in the GI cans would be spotted an blow our whole maneuver. No one was to indulge until the holiday eves, and for Pete's sake, don't forget and do your laundry with the stuff!
It worked like a charm. They tore the place part, but our bleach bottles, in plain sight, were inviolate. We had plenty of cola, ginger ale, soda, and stuff for misers and were able to have a real cool party, not too loud or the officer of the deck might get suspicious. Discretion was the better par to valor.
Fraternizing with officer, male or female, was considered a serious offense. I risked this one time when I was not long out of boot camp and learned that a very good friend of mine, a major, was to be at Camp Lejeune briefly and wanted to see me. He had the use of a car. We arranged to meet outside the PX, and when nobody was looking, I got into the trunk for a short time until we were out of the area where I could be recognized. He then liberated me and fastened the captain's bars to my uniform. We went to an officers' club remote from my stomping ground where I passed as a captain, here briefly from D.C. and on my way to Camp Pendleton. Scary but rather delicious fun! We had very pleasant relationships with all of our male counterparts. I can truthfully say I have never met a greater bunch of guys.
There are many things about those days I will never forget: F.D.R. coming to the base, riding around in a open car with his little dog; our skinny little company bugler, who looked as if she didn't have lungs big enough to blow out a match but could play the calls like the angel Gabriel and ""Taps"" to bring tears to your eyes; going on a pass to Norfolk to be present at the commissioning of the USS Midway (CVB-41) and meet my future husband (a chief boatswain's mate); hearing on the radio the news of the atomic bomb being dropped the day my furlough with my family in Maine was over; the celebrations going on in New York City and on the base.
The next six months of my enlistment were spent in the separation company, making out discharges and sending the company home with mustering-out pay ""ruptured ducks"" (honorable discharge pins-featuring our national bird), and sincerest wishes for good luck and happiness. Quite a few of us were engaged to be married, several to men we had met in the Corps. I shall never forget them; they were part of an experience I wouldn't have missed for anything in the world.
Ms. Shultz served in the Marine Corps from 1944 to 1946. She resides in Jamestown, Rhode Island.
See the full Naval Institute guide to The Pacific.


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Trays of trilobites, buckets of belemnites ….
Mark Wilson November 26th, 2010
WOOSTER, OHIO — Last weekend we picked up another load of rocks, minerals and fossils donated by the family of one of our loyal alumni. We will be sorting through them for months getting them ready for displays and our teaching collections. Among the treasures are large numbers of particular items, especially fossils. I want to highlight two of many such sets. The trilobites are Phacops bufo from the Silica Shale (Devonian) of northeastern Ohio; the belemnites below are from the Jurassic of Wyoming. (Belemnites from the Upper Cretaceous of Germany and the Jurassic of Israel have been featured in this blog, as have beautiful trilobites from the Middle Cambrian of British Columbia, Canada.) Numerous nearly-identical fossils such as these play an important role in our teaching. We can, for example, have a fossil in front of each student during lectures for immediate reference (and quizzing!). It is also possible to have biometric measuring exercises in our labs with these fossil "populations" of particular species. Gifts again put to work in education!


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Quinta do Carvalho Tour
Post your experiences of travel, especially for the Douro region. Make recommendations for places to stay and visit or ask advice from those that have already been there.
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- JacobH
- Taylor Quinta de Vargellas 1987
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Quinta do Carvalho Tour
Slightly against my better judgement, I went on this tour on the recommendation of the guy in the tourist office on the beach in Pinhão. You pay €10 to be taken for a tour to the top of the hill at Carvalho in an open-topped bus followed by a tasting at the Royal Oporto shop. (Yes, I know, but I decided to keep an open mind!). The views are (inevitably) spectacular, especially of Bomfin and Cavadinha. The "tasting", however, was just a glass of the Royal Oporto white: something that you would get anyway if you turned up at the shop. A waste of time and a rip-off: unless you are on your own you could save some money by hiring a taxi to drive you up. To be avoided.
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text: The Whisper Pellet is the hunting pellet that allows you to obtain the maximim noise reduction. Combining this pellet with your Gamo® air rifle with Whisper® Technology will make it even quieter! The Whisper pellet features a copper layer and a long skirt, increasing the weight, the flight stability, and the impact energy ideal for hunting.


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