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Verona at midnight. #monochrom #verona
Author Archive for david alan harvey
Page 3 of 46
Carnaval, Rio de Janeiro. Part of a series of my Brazil work for Leica M magazine upcoming. Leica M9. #Rio #carnaval #leica
I am not a tech person at all, yet I do take pride in my ability to hand hold slow shutter speeds. Yoga trance. This image from Bahia on ISO 50 film must hv had me wide open 1.4 at a quarter of a second. I love slow film in low light. No other look quite like it. Upcoming piece in Leica M features my Brazil work. Nice n easy #Bahia #Brazil #leica
Salvador, Bahia. One of the images featured in the upcoming Leica M magazine. Velvia ISO 50 film using a beer bottle as a tripod. Leica M-6. Finest workhorse camera ever. An exhibit of my Brazil work also coming up at LOOK3.org Festival of the Photograph June 10-13. Show up, buy me a beer, and I will give you the tripod in a pinch demo.
#Bahia #Brazil #leica #beachgames #magnumphotos
Carnaval. Bahia, Brazil. One of 15 of my Brazil images being featured in the upcoming issue of Leica's M magazine. This one shot on Fuji Velvia film with a Leica M-6 and a tiny tweak of strobe. Other work featured shot with the M-9 and photographs shot very recently for my BeachGames zine with the Monochrom. A very handsome layout to be sure. Previous featured photographers include Burn's own Anton Kusters with "Yakuza"; Alex Webb with his Rochester series; Jan Grarup and war in Africa; Bruce Gilden with NYC portraits; and Trent Parke with his "Dreamtime" essay in Australia.
#Brazil #Bahia #carnaval #leica #magnumphotos #burnmagazine
Bruno photographs Rafaella in black & white. Dasha texts Bruno in the early morning light. Stay tuned for my upcoming BeachGames. The zine. Now in production. A true story from Rio. #BurnBooks #rio #beachgames #burnmagazine
Late Night. BeachGames zine coming soon. True stories with witnesses. #beachgames #rio #burnmagazine #BurnBooks
I rarely, if ever, take sunrise or sunset pictures. My good neighbor in the Outer Banks @obxhomepage Frank owns that territory here. Yet after being sick in bed for two days, I climbed the sand dune in front of my house this morning, saw this, and could not resist, That line of cottages are the last of the original Nags Head summer cottages, most around 60-90 years old. Probably about 40 of them left. When the first mainlanders built here the beachfront property was free. Homestead law. The outer banks were considered uninhabitable at the time. That property isn't free anymore, and about 35,000 year around residents call this fragile strip of sand home. This is one of the reasons why. #outerbanks
I have a beer with legend Magnum photographer for 60 years, Micha Bar Am. Part of the Magnum tribe is gathered in Madonna di Campiglio in the Dolomites for a bit of skiing and looking at each other's latest work. Yes a bit of biz too, yet mostly we are here just to enjoy the mountains. #magnumphotos
Olga and Dasha from Moscow dance to the music at lunchtime break before making another ski run in the Dolomites in Madonna di Campiglio. I rarely get a chance to ski and am in basic survival get to the bottom of the mountain safe mode. Spectacular spring ski weather has everyone exalting.
Anna Maria and Luciano have been married for 55 years. They are the owner/managers of my hotel in Madonna di Campiglio in the Dolomites. Anna Maria loves flowers and they are everywhere. Skiing is the scene here and some of my Magnum colleagues have gathered just to ski, hike, and share new book dummies etc.. It's a family affair. Better hosts we could not have. The best of times.
Diego Orlando, picture editor of BurnMagazine, Francesca Gennari, social media at Burn and Mauro Bedoni , photo editor of COLORS magazine, join me for a late night rendezvous in Treviso where we are working on printing my "Tell It Like It Is" book. We are meticulously tweaking every detail before actually hitting the go button on the presses next week. . #Treviso #tellitlikeitis
Verona. Yesterday afternoon I was a typical tourist with an iPhone taking snapshots and savoring the winter sun. The Italian wing of @burnmagazine is gathered to help get me through my TEDx talk tonight, drink some fine wines, and plan our future publishing ventures. My talk is titled Art as Life under the broad TEDx theme of Beyond the Wall where I will be part of a 12 speaker ensemble. As a kid in grade school I was unable and terrified to even stand in front of my class to make a book report, and this totally feels like that. I am totally looking forward to this being over. Mrs.McClannan, my 6th grade teacher, would understand. She did introduce me to Shakespeare so I guess it all makes sense. Stay tuned. #Tedx #verona
Verona, Italy. Maya stopped by my table tonight. Begging. Loves Italian bread. 4 years old, Maya is part retriever part shepherd. She can have my bread anytime. Sweet Maya.
What's more fun than photographing an old abandoned house in a snowstorm? Hmmm wasn't I just in Rio a few days ago? Anyway,we rarely get snow in the Outer Banks and most houses are inhabited at the beach , so none of this is the norm. This house most likely dates back to 1880 according to owner Chaz Winkler and Dorothy Hope who run the Outer Banks Beachcomber Museum which is open to the public one day per year. I gotta love this place :) Anyway they hope to restore this house when they can raise the funds to do so. Chaz claims the place has sturdy guts to it. "They built em strong back then" he says. Like many of the old houses here, Chaz thinks this one is in its third location. These barrier islands move constantly, so only castles of sand are built here. Those of us crazy enough to live here know it's a movable feast. We'er here for the weather. For better and for worse. #obx #outerbanks #nagshead #leica #monochrom


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Original recipe yields 9 servings
Amount per serving ({{servings}} total)
Based on a 2,000 calorie diet
Ready In
I used red potatoes in this recipe--I did not bother to peel them, I just cubed them. I did add a good amount sea salt. I did cube mine a little on the smaller side which meant that the bake tim...
Hubby LOVED these. I halved the recipe, used Yukon gold potatoes, and put them in zip bag with just a couple tbsps. of olive oil to coat first. I mixed the parmesan, flour, some garlic salt and ...
These were great with BBQ chicken and made the whole house smell great while they were in the oven!

subset: commoncrawl


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Condo unit in Lely Golf Estates area
From $71 / night
Payment Protection
Description from the owner
Description from the owner
Bedrooms: 2/
Bathrooms: 2/
Sleeps: 4/
Type: Apt. / Condo
Conveniently located in the beautiful LELY GOLF ESTATES community, this perfect 2 bedroom/2 bath freshly decorated vacation home in the ST. REGIS CLUB is on the second floor floor and features bright, tastefully furnished rooms, vaulted ceilings and a screened lanai where you can relax overlooking the lushly landscaped grounds. The eat-in kitchen is fully equipped with every necessity and convenience. Just a short drive to the world class shopping and restaurants on 5th Avenue South and historic 3rd Street South. Community amenities include a sparkling pool. Golf enthusiasts can enjoy the 3 nearby daily fee golf courses. For the active-minded,...Read more
About the owner
About the owner
H. Infinitos
H. Infinitos
- Response rate: 95%
- Response time: Within a day
- Calendar updated: 4 weeks ago
Overall rating:
5.0 / 5.0
Condo unit in Lely Golf Estates area Naples, Florida
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- 103Promote
Phone Cases
Childhood Gardenby Rachel Caldwell
Protect your iPhone with a one-piece, impact resistant, flexible plastic hard case featuring an extremely slim profile. Simply snap the case onto your iPhone for solid protection and direct access to all device features.
Like this a lot, especially the use of color.
Thanks, Chip.
Head full of wonder - that is how it should be ;)
"Awesome designs would you like to submit your designs to a limited edition Tee company in New Zealand email me for more info email@example.com
I love this! Not only is it beautiful, but it paints a picture of what is really going on in inside a child's head. Playing, and creativity.
nice one!!
This makes me happy.
So cool!!!
Pure citrus enchantment !!!!;)
See More Comments


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Article ID: 940202 - View products that this article applies to.
This article has been archived. It is offered "as is" and will no longer be updated.
On This Page
After you install the Scalable Networking Pack (SNP), a Windows Server 2003-based computer may stop responding during shutdown or during hibernation. When this problem occurs, the computer does not respond to the ping command.
This problem occurs because of a deadlock situation. The deadlock situation is caused by the "TCP Chimney Offload" feature. This feature is part of the Scalable Networking Pack.
Hotfix informationA supported hotfix is available from Microsoft. However, this hotfix is intended to correct only the problem that is described in this article. Apply this hotfix only to systems that are experiencing this specific problem. This hotfix might receive additional testing. Therefore, if you are not severely affected by this problem, we recommend that you wait for the next software update that contains this hotfix.
If the hotfix is available for download, there is a "Hotfix download available" section at the top of this Knowledge Base article. If this section does not appear, contact Microsoft Customer Service and Support to obtain the hotfix.
Note If additional issues occur or if any troubleshooting is required, you might have to create a separate service request. The usual support costs will apply to additional support questions and issues that do not qualify for this specific hotfix. For a complete list of Microsoft Customer Service and Support telephone numbers or to create a separate service request, visit the following Microsoft Web site:
http://support.microsoft.com/contactus/?ws=supportNote The "Hotfix download available" form displays the languages for which the hotfix is available. If you do not see your language, it is because a hotfix is not available for that language.
PrerequisitesYou must have Windows Server 2003 Service Pack 1 or Windows Server 2003 Service Pack 2 insatalled.
Restart requirementYou have to restart the computer after you apply this hotfix.
Hotfix replacement informationThis hotfix does not replace any other previously released hotfixes.
File informationThe English version of this hotfix has the file attributes (or later file attributes) that are listed in the following table. The dates and times for these files are listed in Coordinated Universal Time (UTC). When you view the file information, it is converted to local time. To find the difference between UTC and local time, use the Time Zone tab in the Date and Time item in Control Panel.
Windows Server 2003 with Service Pack 1, x86-based versions
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Windows Server 2003 with Service Pack 2, x86-based versions
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Windows Server 2003 with Service Pack 1, x64-based versions
Collapse this tableExpand this table
Windows Server 2003 with Service Pack 2, x64-based versions
Collapse this tableExpand this table
To work around this problem, disable the TCP Chimney Offload feature. To do this, run the Netsh int ip set chimney DISABLED command at a command prompt.
Microsoft has confirmed that this is a problem in the Microsoft products that are listed in the "Applies to" section.
More information
The Scalable Networking Pack is a part of Windows Server 2003 Service Pack 2. For more information, click the following article numbers to view the articles in the Microsoft Knowledge Base:
(https://support.microsoft.com/kb/912222/ )The Microsoft Windows Server 2003 Scalable Networking Pack release
(https://support.microsoft.com/kb/936594/ )You may experience network-related problems after you install Windows Server 2003 SP2 or the Scalable Networking Pack on a Windows Server 2003-based computer
Article ID: 940202 - Last Review: January 16, 2015 - Revision: 5.0
Applies to


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Students may have the opportunity to win back some of their tuition in bingo prizes next Tuesday —prizes that include lube, dildos, edible underwear and vibrators.
Members of the UAB planned "Dirty Bingo" as part of its series of Valentine's Day themed events. However, many students expressed outrage that the use of student fees might have been used to purchase items that many find offensive. In response, more than 100 students stated intent to gather at Witherspoon Student Center at 8:00 p.m. to protest the use of student fees to buy adult toys.
Issuing a statement Tuesday night, UAB president Lauryn Collier, stated that the 25 items purchased by UAB amounted to $304.64 of UAB's $160,000 budget. It's funded with taking less than one cent from each student in fees
Nevertheless, many students remain as upset as ever.
"This is a pretty slippery slope," Patrick Dougherty, a senior in industrial engineering, said. "At what point should I start being worried that they're spending money on things that I don't want? It wasn't the amount of money that was the big concern. It was about the principle that money could be going to stuff like that."
Dougherty said that it was because of programs such as "Dirty Bingo" that he questioned the merits of the continued funding of the UAB. However, according to Rick Gardner, an advisor of the UAB, the organization has not seen an increase in funding during the past few years.
While the controversial program has split the student body, it remains to be seen which side, in fact, holds the majority.
Similar programs, such as "I Heart Female Orgasm," attracted more than 550 students last year. And though 136 students said they plan to attend "Dirty Bingo," some students say they doubt UAB will be able to fill the 460 seats of the campus cinema where the event is scheduled to take place.
Rebecca Law, a junior in statistics, said that she hopes the event will have a good turnout. She believes that programs such as "Dirty Bingo" are necessary to educate students about healthy sexual lifestyles beyond safe sex.
"Education about sex is one of the most important things for a healthy world, physically and psychologically," Law said. "And I think once we can start talking about it openly, then maybe we can decrease unwanted pregnancies, increase comfort, decrease stigmas and increase overall health."
According to Collier, the students that organized "Dirty Bingo" wanted to address many of the concerns about sexual health that Law brought up in their program.
"[We knew of programs like this] happening at other institutions and we had heard that they were very successful," Collier said. "[We] want to help educate, about sex, students from all backgrounds, of all sexual orientations and we want to be able to demonstrate safe sex as well as safe sex that is adventurous, in heterosexual and homosexual relationships."
Collier said that she and her team are continuing to work to find a way to address student concerns and some changes have been made to the original "Dirty Bingo" program
"I will be working with the advising staff as well as some of the students who programmed the event to try to look at some of the concerns students have," Collier said. "And if there are items that occur over and over, items that are not appropriate, we will pull [them]."
"There is never going to be a time when you won't offend someone, but if we can't bring up controversial topics in a comfortable and open atmosphere, then we're only hurting ourselves as people and students in the modern world," Law said.


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Narrow your search
The feature set of the affordable Pandigital Novel looks good on paper, but this color e-book reader and multimedia device is hobbled by its extremely slow performance and unresponsive touch screen.
Pricing not available
The Meizu MX4 Ubuntu Edition goes on sale this week in a lottery-style sale.
Technically Incorrect: The talk show host claims to reveal Apple's latest product. It costs $20 a month. But it's basically just a donation to Apple.
A computer consultant with bipolar disorder helps develop a free app that lets others with similar conditions track their mood and behavior -- and earn rewards like gift cards for doing it.
Horrorstör doesn't look like a traditional horror novel, but it promises a chilling look at what it's like to be a modern worker.
"The New World," a digital novel by Chris Adrian and Eli Horowitz, tackles topics like love, grief, memory, and immortality. Special e-book design elements add to the immersive experience.
This wide-angle zoom has a novel range and is probably the fastest in a class where f2.8 rules.
With a new software development kit and a $100 million dollar investment fund, Amazon wants third parties to help make the Alexa-controlled smart speaker even smarter.
No cast or premiere date is set. But showrunners are asking for fans' help casting a new Starz TV show based on Gaiman's award-winning fantasy novel "American Gods."
The boy wizard takes centre stage next summer in a play from author J.K. Rowling, musician Imogen Heap and the people behind the stage adaptation of "Let the Right One In".


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put a period after the word smell
I'm betting that on Monday by end of day we are at $40, this is not a typical stock where one can says it's been up last week has to go back down... This back in the day excite, emc, and the likes that would fly $60 bucks in a day, there were no rules one could follow... We are on the brink of an epic drug that will save lives, its just not a normal stock anymore and buyers know this.. I have shorted stocks in my past ( never this one) and have lost more then I have won thinking ( it has to fall like goog at 200) and lost my butt I wont even chance that again.. just to me a mistake...
wishful thinking by shorts like you
Sentiment: Strong Buy
your nose will betray you
Probably, but it's going to be incredibly difficult to time.
maybe but don't get caught out of this stock. i lost 2.50 a share trying that on Tuesday.
Sentiment: Strong Buy
not Tuesday...last Thursday. Didn't get back in quick enough. Took off!
did the same @$@$ thing.
same here. done daytrading this, in and holding on til it jumps 10% on 74 week data and then 40% on announcement of breakthrough AND accelerated approval then ill sell :)
i won't do it but shorts will


text: Thanks Dave and yes I did see worldwide pinhole day and thought I need to get on this. I'm hoping to get the rest of my darkroom supplies build an LED safelight and darkify my bathroom sometime next week. Hopefully I'll be able to figure the process out well enough in time for the big day.


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Overall leader Marcel Hirscher claimed his fourth straight World Cup giant slalom victory with the discipline's third-biggest winning margin on Sunday
Ending a dispiriting four-year victory drought, Carlo Janka won a World Cup super-combined event Friday in front of his home Swiss crowd. The former ...
Ted Ligety news and stories
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The Supervillain Archetype Test
Their result for The Supervillain Archetype Test ...
The Megalomaniac
Ambitious, Intelligent, Calculating
The Megalomaniac is the most prestigious of super-villain classes. If anyone is ever going to rule the world, it will probably be you.
Your main goal in life is power and domination, you have the tools to do it, and you know it. Megalomaniacs are intelligent and forceful, and they tend not to let their emotions cloud their judgment. Most of the time. They are usually found, or not found, working at the top of a huge structured organization, though many prefer to work by themselves.
The Megalomaniac has but one flaw, but its an invariably fatal one; arrogance. He knows that he can take over the world, and he isn't afraid to let you know, often elaborately and in great detail. They often do not foresee the fly in their ointment, because they do not want to admit that such a fly could exist.
Sample Megalomaniacs: Dr. Doom, Lex Luthor, Ras al'Ghul, Kang the Conqueror, Emperor Palpatine, Brain
Their Analysis (Vertical line = Average)
They scored 16% on Ambition, higher than 89% of your peers.
They scored 10% on Hatred, higher than 79% of your peers.
They scored 5% on Greed, higher than 15% of your peers.
They scored 2% on Insanity, higher than 53% of your peers.
All possible test results
The Professional
The Professional is the most dangerous of all villains. You do what you do better than anyone, because, as a Professional, you have standards. The Pr... Read more
The Psycho
The Psycho stalks the dreams of everyone; hero, civilian, and even fellow villains. Nobody and nothing is safe from you, and you're loving every minute of it.... Read more
The Nemesis
The Nemesis is the villain that even the most powerful hero fears. Your hatred for your lawful counterpart knows no bounds. Your main goal may have b... Read more
The Crook
The Crook is the most common super-villain, and perhaps the most human. All you want is to be rich. Is that really so bad? Your main goal is wealth, an... Read more
The Megalomaniac
The Megalomaniac is the most prestigious of super-villain classes. If anyone is ever going to rule the world, it will probably be you. Your... Read more
Recent Results
ToltecRanger60 / m / Straight
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Neil Patrick Harris brought his diverse talent to Glee.
Not only does Eva Longoria have a killer bod, but she wants to be exactly like George Clooney. …
She's ready for the summer!
Work it, girl.
Mariah Carey, her boobs and her new beau James Packer, aka the fourth richest man in Australia, took their love to Ibiza, Spain where they gallivanted on a yacht with her kids.


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Posts Tagged 'Album of the day'
Roadburn Album of the Day: Temporarily On Hold
Posted on Friday, June 19th, 2015
The album of the day will be temporarily on hold until July 15th, as we're working behind the scenes on Roadburn 2016. Plus we want to enjoy the summer a bit as well – we're sure you understand!
Thank you for your understanding – album of the day will return in July.
Tags: Album of the day, Roadburn
Posted in 2015, Album of the Day, Roadburn Recommended | 1 Comment »
Album of the Day: Lucifer – Lucifer I
Posted on Thursday, June 18th, 2015
Lovingly pinched from Treble Zine: The name Lucifer comes up frequently in searches through the vinyl archives of 1970s obscurities. It's the pseudonym that electronic music pioneer Mort Garson used for his eerie, Moog-based progressive concept album Black Mass. Lucifer was also a short-lived and little known hard rock band […]
Album of the day: High on Fire – Luminiferous
Posted on Wednesday, June 17th, 2015
Lovingly pinched from The Obelisk: It is a fun coincidence of timing that High on Fire's seventh album, Luminiferous (released by eOne Metal), should arrive — a summer blockbuster in its own right — just one month after George Miller's film Mad Max: Fury Road, since the two works would […]
Album of the Day: Steve Von Till – A Life Unto Itself
Posted on Tuesday, June 16th, 2015
Lovingly pinched from Factory Worker Media: Whether folk music is inherently suited to grim, mature musings or vice versa, the turbulence which permeates the work of a "dark" or "angry" young songwriter seems to catalyze over time, to potentially yield songs that, despite their softer, subtler tread, are broader in […]
Album of the Day: Les Discrets – Live At Roadburn
Posted on Monday, June 15th, 2015
Lovingly pinched from Echoes And Dust: Live albums always feel, at best, a little bit redundant to me. Live music is an all-round sensory experience – the sights, the smells, the volume and the engagement are all things that are bred from actually being there and unless the band intend on […]
Album of the day: Sammal – Myrskyvaroitus
Posted on Friday, June 12th, 2015
Lovingly pinched from Sea of Tranquility: You might remember a year or so ago we covered a little EP by a Finnish band called Sammal, who sing in their native tongue and pay homage to some of the great prog and heavy rock bands of the '70s. That debut EP […]
Album of the Day: FOGG – High Testament
Posted on Thursday, June 11th, 2015
Lovingly pinched from Echoes And Dust: Does the world need another psychedelic power trio in thrall to Led Zeppelin, friendly hallucinogens and biker grease? Probably not, but there are loads of permutations of familiar pleasures whose proliferations are welcome, despite being completely unnecessary to the planet's well-being: methods of brewing coffee. […]
Album of the Day: Royal Thunder – Crooked Doors
Posted on Wednesday, June 10th, 2015
Lovingly pinched from ThisIsNotAScene: Often bands are formed for a shared love of similar tastes of music. Not only born out of eclectic tastes, Royal Thunder have absorbed these influences into their music to produce an unusual hybrid of Progressive Rock, Classic Rock, Indie, Goth and Grunge. This makes Royal […]
Album of the Day: The Exploding Eyes Orchestra – I
Posted on Tuesday, June 9th, 2015
Lovingly pinched from Meat Mead Metal: Over the past few years, Jess and the Ancient Ones have become a revelation in the world of metal and extreme music. Their haunting occult-based sound is infectious and enrapturing, and their powerful singer has pipes that can put the world to shame. Seeing […]
Album of the Day: Insect Ark – Portal/Well
Posted on Monday, June 8th, 2015
Lovingly pinched from Angry Metal Guy: Once upon a dark and glum time, also known as the beginning of the dank '90s, a bunch of enigmatic German misfits got together, formed a band called Bohren & der Club of Gore, and started playing music that was quite novel for its […]


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We offer discount to nonprofits, government agencies, and federal contractors
In just the last two weeks, congressional calls to #EndFamilyDetention have turned the tide of momentum significantly.
AILA Doc No. 12121350 | Dated December 13, 2012 | File Size: 606 KDownload the Document
USCIS press release announcing that beginning 2/1/13, USCIS will collect new immigrant fee of $165 from foreign nationals seeking U.S. permanent residence. Applicants can pay online through USCIS website after receiving visa package from DOS & before departing for the U.S.
[[To print the PDF on this page please use the print function in the PDF reader.]]
Cite as AILA Doc. No. 12121350.Open the Document
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2015
American Immigration Lawyers Association.


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Snohomish County
Fires That Slowed Traffic On I-5 Likely Arson
The Daily Herald reports the Washington State Patrol was looking for two men in their 50s with light-colored hair in a Hyundai Sonata.
Kitsap County Starts Text-To-911 Service
Snohomish County will begin testing the same service this week, but residents still need to call 911 for help until the testing is completed
Oso Victims Remembered Year After Deadly Slide
A solemn crowd gathered in Oso, Washington, on Sunday to honor 43 people who lost their lives a year ago in the deadliest landslide in U.S. history.
Woman And Man Stabbed In Lynnwood
The Snohomish County sheriff's office says a man and woman were stabbed about 7:30 a.m. Wednesday at a Lynnwood apartment complex.
Ex-Sonic Robert Swift Arrested For Attempted Burglary
Troubled former NBA player Robert Swift was arrested Tuesday along with another man suspected of attempting to break into a home in Gold Bar.
Request Seeks Records Going Back To 1776
The Snohomish County sheriff's office has stopped trying to fill a public records request from a man who asked for every record going back to 1776 — even though that was 113 years before Washington became a state.
Shots Fired At Police In 3 Snohomish County Towns
An officer who was injured helping arrest a man suspected of shooting up police stations and patrol cars in three towns in Snohomish County, Washington, is recovering.
Apartment Fire Displaces 25 Residents
A fire department spokeswoman says a fire likely caused by a smoldering cigarette butt has displaced 25 people and caused more than $500,000 damage at a Mountlake Terrace apartment complex
Searchers: Last Body Found From Oso Landslide
The body of 44-year-old Kris Regelbrugge, whose husband also died, was pulled out of the debris from the March 22nd disaster.
Last Body In Oso Mudslide Found
Workers have been screening debris and watching for the body of 44-year-old Molly Kristine "Kris" Regelbrugge


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What do you do while you are waiting for your blessing to show up? Do not get angry; rejoice with those who get their blessing! And rejoice knowing that your blessing IS on it's way!
Jesus will stick closer to you than a brother but friendship is a 2-way street. Will YOU be the friend of God?
When you find yourself in a place where you don't want to be, do not weep and think about how things used to be... Stand up and sing the Lord's song in a strange land!
What do you give someone who has everything? God created us to praise! And as praisers, we need to remember this: MY praise blesses the Lord!
A principle that applies to those who have been baptized into Christ: Where sin abounds, grace shall more abound!


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Author Archives: Jen Ryan
Sabre and Back Cove 2015 Rendezvous
It's official! Set your course for 44.6.13 – 69.6.33 on August 16-18, 2015. That's Rockland, Maine where the 45th Sabre Anniversary and Rendezvous will be celebrated with the owners of Sabre sail and Sabre and Back Cove motor yachts. … Continue reading
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Sabre 54 Fly Bridge Review by Yachting Magazine
A brand new review done by Yachting Magazine on the newly redesigned Sabre 54 Fly Bridge. Sabre 54 Fly Bridge Review
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YES she can take it!
Blue Bliss Voyage Fort Lauderdale to Barbados, 2013, by Klaus Priebe Chapter 1 Living in Barbados we need very seaworthy boats. We had heard that Sabre's are well built and when we looked at them at the Fort Lauderdale … Continue reading
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A sneak Preview at the Brand New Sabre 66!
When Sabre first began building 28 foot sailboats in 1970, there were very few large, owner operated motor yachts in use. Over the past forty+ years the fleet of large, private vessels has grown dramatically with new operating systems allowing … Continue reading
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Wasabi Green with Envy
Recreational boating has evolved in the last few generations. In my parents era it was the "men against the sea" generation. My mother pretended to enjoy boating but we all knew she was more comfortable with both feet firmly planted … Continue reading
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Another Flag Day'er! Got my fingers crossed too.
in town for free camps
Another Flag Day'er! Got my fingers crossed too.
Happy two-weeks-until-our-birthdays.
For the love of God. Brian, please bring back the negbomb.
Troll caved, hence the nonsensical replies.
Logged in at work to neg. smh.
Your avatar.
Edit: FYI to new readers, this whole part of the thread is referring to someone who was (wisely) deleted. Not BiY. We all still like him.
Cool story bro
You could care less? So that means do care some, maybe even a lot. That does not jive with the rest of your post, however.
Caring continuum, anyone?
So there's that... someone should make sure there's no possibility of original content coming from this corner.
Any chance BWC redshirts this year? This is kinda sorta like what happened to Stonum last year and BWC hasn't burned his redshirt yet if memory serves me right.
Stonum was suspended for the year though, thus the redshirt, I highly doubt Campbell will receive the same punishment.
in all honesty BWC is needed this year, going forward we don't have as many depth issues at the line. i'm guessing if BWC doesn't start at bama, you will see pipkins atleast in the rotation if not starting if he is the real deal
who hasn't made a stupid mistake while drinking? The kid is a senior in college, he is bound to mess up. I'm sure plenty of us here have done way worse things while intoxicated.
things like this:
Just remember: in case of emergency, your recruiting seatbelt can be used as a safety device
make you one of the funniest people whose contributions I read regularly on the internet. If there was a "laughs per words posted" metric for internet users, your rating would have to be near the top. Don't mean to get all mushy on you, Brah (NTTAWWT), but just wanted to say thanks for the laughs.
I continue to insist that I am funny, the opinion of other people notwithstanding.
Let the legal process run its course. He could be found not guilty on both counts (like Josh Furman was). Just let the case play itself out and try not to OVERREACT!!!!!!!!!!!!
...so much for being a senior leader.
4 years, finally time to grow up and lead the way on and off the field. Just too much to ask, I suppose.
...or it could be that yet another of our players was attacked by a gate (Jerald Robinson being the first). Stupid gates, always picking fights they can't win and then calling the police afterward.
Eh, destruction of property. Stupid move. But, hardly the work of a bad dude or multiple offender. enjoy working 40 hours at the local humane society or something, Will
probably doesnt warrant much of a suspension. much adieu about nothing in my book
You giving odds on that? /s
I sincerely hope your first paragraph is correct and that we don't have to say goodbye to him.
Meh... for sliding across a car hood? I've done the same thing. Difference is I'm not 300 pounds, so I wouldn't damage the car. Not smart, but not something to get kicked off of a team over.
This is not a big deal...he didn't intentionally try to hurt the car (or so it seems)...he is over 21, got drunk and unintentionally broke something. I see no need for a suspension as long as he gets some community service. And no this is not just homerism, coulda been Notre Dames starting free safety and I would feel the same way.
He's not a minor.
He didn't drive.
He didn't kick the police or threaten them (Thanks for that Natore Dame).
He just did something boneheaded drunk.
Community service, extra laps, etc. nothing more.
actually he is a minor
According to Ann Arbor police, Campbell was arrested after attempting to slide across the hood of a vehicle at 2 a.m. on April 7 in the 600 block of Church Street. An officer in the area could hear the sheet metal on the hood of the car buckle under Campbell's weight — he's listed at 322 pounds — and arrested the senior, police stated.
I gotta say this is pretty funny and I would think Hoke would be able to see that side of the story too. I want a gif of BWC trying this.
So he tried to pull a Starsky but it didn't go so well.
I almost just threw my computer to the ground in anger when I read this.... for team 133 to have a chance, they gotta have him perform all year out of his mind!
AA.com story is updated: Arrested for sliding across a car hood while drunk. Assuming he's 21, I think this will blow over pretty damn quick. I hope he doesn't get Josh Furman's prosecuter.
As an aside, I wish I was there to see a 300lb+ guy try that move.
That's just impressive.
The story doesn't say that he was in possession of alcohol, though, so I'm not sure that his age matters.
Your body is a container. If that wasn't included in the definition of MIP then next to no one would get them.
Right, but there's no indication that his body contained alcohol, or that a test was done to determine that. That doesn't mean that that's the case, but the poster you replied to is right that the article makes no mention of alcohol possession, in his body or otherwise.
"Campbell was intoxicated, according to police."
I've only ever seen it (in other states, admittedly) when someone was caught with a drink in his or her hand.
I think this poster campaign was kicked off a year or two ago, but I've seen plenty of these: (http://www.umich.edu/~dofs/alcohol/pdf/Awareness-Drunk65.pdf) floating around the campus.
Apparently Michigan adopted "one of the toughest minor in possession laws in the country" in 2004...I'm glad that someone was thinking of the children.
IIRC it had to do with being able to bust 19 year olds who went to Canada and came back drunk.
I actually asked someone about thia. If you can provide receipts that say you drank the alcohol in Canada, they can't get you (unless you're driving or doing other stupid things).
would be interesting to see international law on that...
I have no proof or anything to cite, but it came up in a conversation I once had with a police offier. He may have just been speaking towards the general attitude from police rather than specific international law, but I thought it was worth noting.
I'm surprised the no alcohol offense was included in the charges then. I can see that getting him in the dog-house more than the car slide, the former being an intentional bad choice, versus unintentionally damaging property (albeit naive to think he could pull it off without crushing the car)
What is with the AA Prosecutor's Office? They have the (temerity) to press a *felony* charge for sliding across a car hood? I swear--prosecutors have lost any sense of proportion. Considering all the things he could do, this isn't one I'd worry about over much.
Pay for the damage. Run some steps. Move along.
Agree. Calling this malicious destruction of property is a BIG stretch. When I think malicious destruction I think taking a bat to a windshield, or perhaps ramming into a Taco Bell (see mgo.licio.us). "Stupid" is about as far as I would go in describing this.
I was going to post that the arresting officer normally cites everything they can think off that qualifies, but being an arraignment, you would think the prosecutor would have wittled down the charges to reflect the incident (or what they think they can get a conviction for). In that case, I concur... what the eff is wrong with the prosecutor's office in AA?
Chill everyone. It's not like he kneed a police officer or something. He'll be fine and probably won't miss any time.
After reading the article, this seems like something that could be worked out by BWC paying to fix the car he damaged. That would make it right, no?
but I have a feeling this will turn out to be a minor offense and misdemeanor at best like his attorney said similar to the Jerald Robinson vs. parking gate affair. Vandalism on a college campus sounds probably more like a college prank/mistake gone wrong than a truly heinous crime like assault, larceny, or DWI.
Scholarship football players probably need to know they are under the spotlight and more scrutiny than normal college students, but kids will be kids.


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The latest from Facebook, Twitter and Instagram
Champions! Well done Team Jolly NZL Sailing Team
New Zealand at the Opening Ceremony of the World University Games #Gwangju2015
GOLD for our 2012 Olympic champions Jo Aleh and Olivia Powrie!
Team Jolly #inspired #roadtorio
Our New Zealand Flag bearers!
Julia Ratcliffe - New Zealand Flag bearer for the World University Games in Gwangju!
Tracey Lambrechs - Olympic Weightlifter - New Zealand Flag bearer for the Pacific Games in Papua New Guinea!
Congratulations to you both #Inspired
Congratulations Sarah - Great to see you back on the podium!
#Inspired #RoadtoRio
A huge good luck to our Aquaferns NZ team who are aiming for Olympic Qualification in the coming weeks starting this weekend at the Spanish Open!
From there they will then compete in the Swiss Open from July 9 - 12, then go to Kazan for the World Championships!
#Inspired #RoadtoRio
Back centre left, Victoria Hohaia, then clockwise Caitlin Anderson, Eva Morris, Kirstin Anderson, Jazzlee Thomas, Aleisha Braven, Amy Lowans, Anastasia Wilkes, Leticia Hart, Sarsha Younger
Team coaches are Julieta Diaz and Suzanne Vieira and Team Manager, Vicki Hustler
Valerie Adams New Zealand got Steven Adams to try his hand at shot-put! Tells him to stick to Basketball...
Well done Black Sticks women!
#inspired #RoadtoRio
Early morning filming with The Kiwi Pair Hamish Bond and Eric Murray #inspired #RoadtoRio
Congratulations to the New Zealand Rowing Team for some fantastic results overnight! 4 Gold, 1 Silver, 1 Bronze
#RoadtoRio #Inspired
Hammer thrower Julia Ratcliffe has been named as flagbearer for the New Zealand Team competing at the World University Games in Gwangju, South Korea.
New Zealand Weightlifter and Commonwealth Games bronze medallist Tracey Lambrechs has been named flag bearer for New Zealand's first Pacific Games Team in Papua New Guinea 2015.
1 July, 2015
NANJING, CHINA - AUGUST 24: (CHINA OUT) (L - R) Silver medalist Martina Campi of Argentina, Gold medalist Emily Fraser of New Zealand and Bronze medalist Jake Hunter of Australia celebrate on the podium after the Equestrian Individual Jumping Final on day eight of the Nanjing 2014 Summer Youth Olympic Games at Xinzhuang Equestrian Venue on August 24, 2014 in Nanjing, China. (Photo by ChinaFotoPress/Getty Images)
NANJING, CHINA - AUGUST 24: (CHINA OUT) Emily Fraser of New Zealand competes in the Equestrian Individual Jumping Final on day eight of the Nanjing 2014 Summer Youth Olympic Games at Xinzhuang Equestrian Venue on August 24, 2014 in Nanjing, China. (Photo by ChinaFotoPress/ChinaFotoPress via Getty Images)
NANJING, CHINA - AUGUST 22: Gold medalist Dylan Schmidt of New Zealand competes in the Men's Trampoline Gymnastic Final of Nanjing 2014 Summer Youth Olympic Games at Olympic Sports Center Gymnasium on August 22, 2014 in Nanjing, China. (Photo by Lintao Zhang/Getty Images)
All the action from New Zealand's 2014 Glasgow Commonwealth Games campaign.
Register for tickets to upcoming Olympic and Commonwealth Games. Nothing beats being there!
Watch the Royal NZ Navy Band and Hollie Smith perform the New Zealand Team's song
Richie Patterson lifts Gold


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McDonald # 4 ARBITRATION Employer T. Sunflower, T. Daisy, J. Forsythia And (Police Officers/ Discharges) Union DECISION AND AWARD PATRICK A. McDONALD Arbitrator 1 TABLE OF CONTENTS I. APPEARANCES .............................................................................. Cover II. INTRODUCTION ............................................................................ 3 III. FACTS ........................................................................................... 3 IV. RELEVANT CONTRACTUAL LANGUAGE ....................................... 7 V. CONTENTIONS OF THE PARTIES ................................................. 9 VI. ISSUES ......................................................................................... 16 VII. DISCUSSION AND DECISION ....................................................... 16 VIII. AWARD ......................................................................................... 26 2 IL INTRODUCTION This particular dispute arose when Mr. Terry Sunflower, Taylor Daisy and John Forsythia, Police Officers with the Employer Police Department, were discharged on or about August 28, 2007. Grievances were filed protesting that action. (Joint Exhibits 2, 3 & 4). The matters were not able to be settled through the initial steps of the grievance procedure and hence, were submitted for final and binding arbitration in accordance with the Collective Bargaining Agreement in force between the parties to this dispute. The grievances were consolidated for a hearing. Your undersigned arbitrator was jointly selected by the parties to receive evidence and render a final and binding decision. An evidentiary hearing was held on March 5, 2008 at the administrative offices of the Employer. At that time, both parties were ably represented and had the full opportunity of presenting testimony and exhibits. They supplemented this opportunity with extensive and helpful post hearing briefs. This matter is now ready for decision and award. III. FAC TS In August of 2007, the Internal Affairs Unit of the Employer Police Dept talent received a complaint alleging that Eileen Buttercup, an Emergency Communications Officer, had sexual relations with a number of police officers and other department employees while on duty and/or on Employer property. The Internal Affairs Unit initiated an investigation, which included interviews with not only Ms. Buttercup, but fifteen other individuals. 3 3 4 During the course of the Internal Affairs investigation, Ms. Buttercup was interviewed by Sergeant Brian Daffodil and Lieutenant Phillip Mulberry, in the presence of her union representative on August 21, 2007. A transcript was made of the investigatory interview. (Employer Exhibit 12). During the interview, Ms. Buttercup implicated and specifically named five police department employees, including two of the grievants, Officers Sunflower and Daisy. She denied having any sexual contact with Officer Forsythia, the third grievant in this matter. In continuing the investigation, all three of the grievants were interviewed. During the interview of Officer Sunflower, he admitted that the allegations that he had sexual relations with Ms. Buttercup while on duty and/or Employer property, were true. (Joint Exhibit 13). During his testimony at the arbitration hearing, Officer Sunflower testified that he now believes he had only four incidents of sexual contact with Ms. Buttercup, rather than the five or six incidents that he had first mentioned in the investigatory interview. The first occasion included oral sex in the women's bathroom on the third floor of the Police Department Headquarters Building while he was on a break during his shift. The three additional occasions occurred when he and Ms. Buttercup prearranged to meet in Police Headquarters and had sexual intercourse in the bathrooms on the third and fourth floor. During the investigatory interview with Officer Taylor Daisy, the grievant 'In addition to being employed by the Employer, Ms. Buttercup was also the wife of Employer Police Officer Barry Buttercup. 4 admitted that the allegations that he had sexual relations with Ms. Buttercup while on duty and/or Employer property, were true. (Joint Exhibit 14). Officer Daisy indicated that he used MDT, or mobile digital terminal messages, to prearrange meetings and locations to meet Buttercup while he was on duty and in uniform. One occasion involved oral sex, while the other two occasions included sexual intercourse outside his police cruiser. 2 The third interview with Officer John Forsythia occurred on Wednesday, August 22, 2007. Contrary to what Ms. Buttercup had stated during her interview, Officer Forsythia admitted the allegations that he had engaged in sexual relations with Ms. Buttercup while he was on duty and/or Employer property, were true. There were two such incidents. The first incident involved oral sex with Ms. Buttercup in the bathroom off of the break room on the fourth floor of the Employer Police Department Headquarters Building. According to Forsythia, on that occasion, neither he nor Buttercup were on duty. The second occasion occurred while he was on duty and he and Ms. Buttercup had prearranged, using a computer assisted dispatch (CAD), to meet in a private parking lot near Godfrey and Chestnut Streets near his police cruiser in the early morning hours. (Joint Exhibit 15). It appears that Ms. Buttercup resigned her position as an Emergency Communications Operator, effective August 23, 2007. Upon her resignation, her case was subsequently closed administratively by the Internal Affairs Unit. 'At the arbitration hearing, Officer Daisy acknowledged that while having sexual relations, he had removed his gun belt and lowered or removed his trousers while engaging in such sexual activities. The prearranged meetings occurred between 1:00 a.m. and 3:00 a.m. 5 5 In addition to the resignation of Ms. Buttercup, the Employer also accepted the resignation of Nicholas Clover, effective August 27, 2007. Mr. Clover was a ECO in the same department as Ms. Buttercup. (Employer Exhibit 17). As a result, the Internal Affairs Unit closed its case administratively on that employee as well. Officers Patrick Amaryllis and David Wisteria also resigned on September 4, 2007 and October 3, 2007, respectively. (Employer Exhibits 18 & 19). The Employer issued a seven (twelve hour) day suspension to Police Officer Adrian Ipomoea. The Employer indicated that it had concluded that there was evidence that encounters had taken place with Ms. Buttercup on Employer property, but that there was no evidence of either oral sex or sexual intercourse having occurred, (Employer Exhibit 20). According to the testimony of Sergeant Brian Daffodil of the Internal Affairs Department, other cases were investigated and it was determined that the charges were unfounded. As a result, those cases were closed accordingly. Finally, Disposition Reports and Action Reports were issued for Officers Sunflower, Daisy and Forsythia, recommending discharge from employment for engaging in indecent conduct while on duty and/or Employer property, conduct unbecoming an officer, and/or conducting personal business while on duty. (Joint Exhibit 7 & 8). These Disposition Reports were signed with acknowledgment of the recommendations by Employer Manager Kaden Juniper on September 13, 2007. According to the Employer, each employee was afforded due process rights to be heard prior to a final decision being made by the 6 6 Employer Manager. Each officer took advantage of these Loudermill Rights to present additional evidence and be heard directly in his own defense prior to a final decision being made by Mr. Juniper. 3 Hearings took place on Thursday and Friday, September 27, 2007 and September 28, 2007. Following those hearings, and after consulting with various professionals for their perspective, Juniper said he made his decision to discharge the officers. Each officer received notice of that determination by letter dated October 2, 2007. (Joint Exhibits 10 a, b, c). IV. RELEVANT CONTRACTUAL LANGUAGE ARTICLE 4 - MANAGEMENT RIGHTS Section 1. Except as otherwise specifically provided herein, the Management of the Employer and the direction of the workforce, including, but not limited to the right to hire, the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to layoff for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing safety, the right to determine schedules of work, the right to subcontract work (when it is not feasible or economical for the Employer employees to perform such work), together with the right to determine the reasonable methods, processes and manner of performing work, are vested exclusively in Management. In exercising these functions, Management will not discriminate against any employee because of his or her membership in the Union. Section 2. Rules of conduct not inconsistent herewith and in effect at the date of this Agreement shall be continued. Management shall have the right to amend, supplement, or add to said rules during the teat' of this Agreement, provided however, that Management shall first consult with the Union prior to any such amendments. Such rules shall be reasonable and shall relate to the proper performance of a Police Officer's duties and shall not be applied in a discriminatory manner. It is recognized that rules covering off- duty conduct are related to proper performance of a Police Officer's duties. 'See Cleveland Board of Education vs. Louderrnill, U.S. Supreme Court, 1-IER cases, 424, March 1985). 7 7 ARTICLE 10 - DISCHARGE AND DISCIPLINE Section 1. In cases of discharge or discipline, a representative of Management shall give prompt notice thereof to the employee and to the President of the Union. In cases of letters or warning or verbal warning memoranda, such letters shall be given to the affected employee and placed in the employee's personnel file. Section 5. Management shall not discipline or discharge any employee except for just cause. MANUAL OF CONDUCT 9.0 COURTESY AND DEMEANOR 9.4 While on duty or in uniform, employees shall maintain exemplary military bearing and, except when acting pursuant to orders from proper authority, wear uniforms and other clothing and equipment in compliance with established Departmental Rules, Orders, and Procedures. 13.0 DILIGENT PERFORMANCE OF DUTY 13.3 Employees of the Department will not devote any of their duty time to any activity which does not relate to a police function nor shall they conduct personal business while on duty or upon Employer property except with the proper authorization or in accordance with Departmental Procedures. 18.0 UNBECOMING CONDUCT 18.1 Employees shall not conduct themselves in a manner which: a. Brings the Department into disrepute. b. Reflects unfavorably upon the employee as a member of the Department and impairs their ability to perform a law enforcement function. 8 c. Damages or affects the reputation of any employee of the Department. d. Impairs the operation or efficiency of the Department or any employee. EMPLOYER RULES AND REGULATIONS Committing any of the following violations will be sufficient grounds for disciplinary action, up to and including discharge, depending upon the seriousness of the offense in the judgement of Management. 9. Engaging in obscene or indecent conduct. V. CONTENTIONS OF THE PARTIES A. For the Employer Case Union Number: 0-00-Terry Sunflower. The Employer contends that Mr. Sunflower admitted to engaging in sexual activities with a Department employee who is the wife of a fellow officer while he was on duty and/or Employer property on at least four separate occasions. These actions occurred in the Employer Police Department Headquarters Building after being arranged through the use of a computer assisted dispatch. In doing so, the Employer asserts that Sunflower failed to maintain exemplary military bearing while on duty or in uniform in violation of Manual Provision 9.4. The Employer maintains that he also devoted duty time to an activity not related to his police 9 9 function and conducted personal business while on duty, in violation of Manual Provision 13.3. In addition, Sunflower engaged in unbecoming conduct which brought the Employer Police Department into disrepute and reflected unfavorably upon him and other members of the Department. This, in turn, damaged his reputation and impaired the operation and efficiency of the Department, in violation of Manual Provision 18.1. The Employer asserts the grievant also engaged in indecent conduct in violation of Employer Rules and Regulations Section 2, Rule 9. By such actions, Sunflower met the definition of "indecent conduct" and his discharge is warranted for that infraction alone. His actions were certainly grossly unseemly, or offensive, to manners and morals in the community. Hence, the Employer asks that the discharge be upheld and the grievance denied. Case Union Number: 0-00-Taylor Daisy The Employer points out that the grievant has admitted to engaging in sexual activities with a Department employee who is the wife of a fellow officer while on duty and/or Employer property on three separate occasions. All of these actions occurred within the boundaries of the Employer outside a police cruiser after such rendezvous were arranged through the use of a mobile digital terminal. In carrying out such actions, the Employer maintains that Daisy failed to maintain exemplary military bearing while on duty or in uniform, in violation of Manual Provision 9.4. The Employer also asserts that the grievant, Daisy, devoted duty time to an activity not related to his police function and conducted personal business while on duty and/or 10 10 Employer property, in violation of Provision 13.3 of the Manual of Conduct. The grievant also engaged in unbecoming conduct, which brought the Employer Police Department into disrepute and reflected unfavorably on him as a member of the Department, damaged his reputation and impaired the operation and efficiency of the Department, in violation of Manual Provision 18.1. Finally, according to the Employer, Daisy engaged in indecent conduct in violation of Employer Rules and Regulations Rule 9 of Section 2. The Employer argues further that Daisy's actions certainly meet the dictionary definition of "indecent, " as being grossly or unseemly or offend the manners and morals of the community. Hence, his conduct and discharge is warranted for that infraction alone. It therefore requests that the discharge be upheld and the grievance denied. Case Union Number: 0-00-John Forsythia According to the Employer, the grievant, John Forsythia, admitted to engaging in sexual activities with a Department employee who is the wife of a fellow police officer while on duty and/or Employer property on two separate occasions. All of the acts occurred after being arranged through the use of computer assisted dispatch. The Employer maintains that by his actions, Forsythia failed to maintain exemplary military bearing while on duty or in uniform, in violation of Manual Provision 9.4. Forsythia also devoted duty time to an activity not related to his police function and conducted personal business while on duty and/or Employer property, in violation of Manual Provision 13.3. The Employer further asserts that the grievant, Forsythia, engaged in conduct unbecoming an officer, which brought the Employer Police Department into 11 11 disrepute, reflected unfavorably onto him, and as a member of that Department, damaged his reputation and impaired the operation and efficiency of the Department, violating Manual Provision 18.1. Finally, the Employer maintains that the grievant engaged in indecent conduct, violating Employer Rules and Regulations Rule 9 of Section 2. In summary, the Employer argues that grievant Forsythia's actions meet the definition of indecent conduct and that discharge is warranted for that infraction by itself. If therefore requests that the discharge of the grievant, John Forsythia, be sustained and the grievance be denied. According to the Employer, at the hearing, on these three matters, the Union presented a number of prior cases making a claim for the first time that there was disparate treatment of the grievants in this case. According to the Employer, none of these cases involved multiple situations of prearranged meetings with a female employee of the Employer Police Department where sexual activities took place. Moreover, none of those cases involved a violation of Section 2, Rule 9 of the Employer Rules and Regulations where a finding of indecent conduct was sustained. The only case involving sexual intercourse took place with a female employee of Paradise Tan in Case _____, in which an undercover agent engaged in sexual activity with a professional employee of that establishment. Hence, the Employer submits that these cases are dissimilar to those presented in this matter and do not present cause for disparate treatment. In summary, while the Employer acknowledges that the grievants were otherwise 12 12 exemplary officers with clean service records, and are sincerely remorseful for those actions, the fact is that the gravity of the proven offenses is quite heavy and serious. The discharges should only be disturbed if the retained right of the Employer to issue discipline lacks rationality and fairness. In this case, all of the grievants were grown men who failed to live up to their solemn signed oaths of office. It therefore requests that the discharges of Terry Sunflower, Taylor Daisy and John Forsythia be sustained. For the Union The Union submits that these cases are unfortunate in that each of the grievants fell victim to the enticements of Ms. Buttercup, who appeared to be quite skilled at enticing men, since she was sexually involved with at least six Employer Police Dept ______ [went employees. According to the Union, by some definitions, Ms. Buttercup's track record would earn her the label of a "sexual predator." While recognizing that the grievants are responsible for their actions and deserve some discipline for their misconduct, the Union asserts that the Employer overreacted when it made a decision to terminate the employment of all of these competent and experienced officers who had otherwise outstanding work records. Concerning the charges, the Union refers first to Section 18.1, Unbecoming Conduct. It points out that to the extent, a violation of any part of this rule is based upon their misconduct becoming public knowledge, the Union believes the application of this 13 13 rule is grossly unfair. This is so, according to the Union, because the grieva nts did nothing to cause their misconduct to become public knowledge. There was nothing adherent in their misconduct which caused it to become public knowledge. Somehow, however, the investigation was leaked to the media. According to the Union, if the Employer is allowed to bolster charges when otherwise private information is leaked to the press, it will potentially provide an incentive for certain Employer employees to leak information regarding misconduct investigations in the future. The Union also refers to Section 2, Rule 9 of the Employer Rules and Regulations concerning engaging in indecent conduct. According to the Union, this rule fails to give fair notice as to what conduct is really prohibited. "Indecent conduct" is subject to many possibly interpretations. The definition of "indecent conduct" is dependent on one's belief system and moral code. For example, according to the Union, drawing a picture of Mohamed would be considered indecent conduct in some situations. Eating pork might be considered indecent conduct with other belief systems. This is just such a rule. One is left to guess what might be considered indecent or offensive and by what standard. Hence, the Union urges the arbitrator to find this rule to be unreasonable and unenforceable on its face. The Union also points out that the discipline imposed was not progressive discipline. In this case, all three grievants were experienced police officers with good work records. Officer Daisy had approximately six and one-half years of experience, Officer Forsythia had eleven years of experience and Officer Sunflower had twelve years 14 14 of experience. None of the grievants had a prior disciplinary record. All of the grievants were cooperative and honest during the investigation. Indeed, according to the Union, without their honesty and cooperation, it is unlikely that the Employer would have had a factual basis upon which to issue discipline. The third prong of the Union's defense involves a charge of disparate treatment. Just cause required that basic fairness be such that employees who engage in similar misconduct and violate similar rules receive similar discipline. While just cause allows some disparity in treatment for similar rule violations, when the disparity is extreme, even if the facts are not identical, the disparity and treatment becomes unreasonable so as to violate just cause. In this matter, the Union introduced four cases demonstrating that the Employer has disparately treated the grievants. (Union Exhibits 22, 24, 25 and Joint Exhibit 20). According to the Union, all of these cases involved serious misconduct. Yet, the grievants only received suspensions. In three of the cases, the suspensions were one week, while the forth involved a one month suspension. The Union asserts that what the Employer did was politically and personally expedient. However, that is not an element of just cause. The media's involvement in this case does not justify the gross disparity between the discipline the grievants received and the discipline the individuals discussed received in the four cases cited. As a result, the Union maintains that suspensions to other employees, anywhere from the duration of one week to one month, would have been reasonable and supported by just cause. The Union therefore requests that the arbitrator sustain these three grievances and order the Employer to reinstate the grievants to work, taking into account the applicable factors of each individual case. 15 16 15 V I . I S S U E S 1. In each case involving Officers Sunflower, Daisy and Forsythia, was there cause for discipline? If not, what is the remedy? 2. If there was cause for discipline, was discharge appropriate considering all the circumstances? V I I . DISCUSSION AND DECISION Arbitrators have used a number of standards in determining the quantum of required proof in cases concerning discharge. Certainly the employer in any discharge case has the burden of moving forward with the presentation of facts and at a minimum establishing a prima facie case. The quantum of required proof as aforestated varies according to the charges involved and the arbitrator. In general, arbitrators use the "preponderance of evidence" rule or some other similar standard. (See Kroger Company, 25 LA 906 [Smith, 1955].) Many arbitrators, however, require a higher degree of proof where the alleged conduct is of a type recognized by criminal law or results in the discharge of the grievant. In deciding the amount of proof to be produced, I do not believe that labor arbitration should be bound by criminal law doctrines such as "beyond a reasonable doubt". At the same time, I do believe that in cases as serious as this involving discharge, 16 and certainly involving a person's reputation, a degree of proof above and beyond that normally used should be required. As such, I am convinced that the best standard is requiring that the employer carry the burden of demonstrating by "clear and convincing evidence" reasons that would justify the serious penalty of discharge. (Duval Corp., 55 LA 1089 [Black], 1970; A & P Co., 45 LA 968 [Volt, 1965]; Vernor's, Inc., 80 LA 596 [McDonald, 1983]; and Renaissance Center Partnership, 76 LA 379 [Daniel, 1981].) In meeting this burden, circumstantial evidence is available and many times plays a large part in producing the necessary just cause for discharge. By the same token, while it has been recognized that it is not necessary that knowledge or notice of all of the elements of a particular action be established by direct evidence and that circumstantial evidence can be used to establish the elements of a particular action, in order to protect an accused, such circumstantial evidence must do more than give rise to mere suspicion. (See NLRB v Shen-Valley Packers, CA 4, 1954, 33 LRRM 2769.) Of course, regardless of the type of evidence utilized, the burden remains on the employer to establish the elements of the action which form the basis for discharge. In this case, the three grievances were consolidated for hearing. At the same time, the Union requests that the arbitrator consider the unique merits of each grievance individually when rendering my award. I certainly will honor that request. At the same time, however, there are many things that are of a similar nature, which caused the consolidation in the first place. For example, the complaints filed by the Employer against each of the grievants is 17 17 similar in nature. Each of the complaints charges each grievant with a violation of Section 9.4, Section 13.3., and Section 18.1 of the Employer Police Department Manual of Conduct. (Joint Exhibits 8a, 8b and 8c). At the same time, Section 2, Rule 9 of the Employer Rules and Regulations, is also cited as having been violated. (Joint Exhibits 8a, b, and c). The stipulated facts regarding the misconduct of the grievants is contained in Exhibits 13, 14 and 15). The Union stipulated to the facts contained within those exhibits with certain clarifications. Likewise, all of the grievants had sexual relations with the same person, Eileen Buttercup, the wife of a fellow Employer police officer. In reviewing the complaints, I have also read carefully those sections of the Department Manual of Conduct cited in the complaints. For example, Section 9.4 speaks in terms of employees maintaining exemplary military bearing while on duty or in uniform and wearing their uniforms and clothing and equipment in complaint with established Departmental rules, orders and procedures. In reviewing the facts of each individual grievant, it is clear that Officer Terry Sunflower engaged in sexual activities with Ms. Buttercup while he was on duty and/or Employer property on four separate occasions. There is no need to detail such activities, inasmuch as they have been stipulated to and have been mentioned in the factual presentation of this case. Suffice it to say, that Officer Sunflower was not maintaining exemplary military bearing, or wearing his uniform in compliance with Departmental rules and orders, when he was engaged in such sexual activities. 18 Much the same can be said for Officer Taylor Daisy when he was engaged in similar sexual activities with the same, Ms. Buttercup. Officer John Forsythia admitted to engaging in sexual activities of a similar nature with Ms. Buttercup on two separate occasions. As a result, I do conclude that all three grievants violated Section 9.4 of the Manual of Conduct. The next section of the Manual cited in the complaints for each of the grievants was Section 13.3. That section indicates that, "Employees will not devote any of their duty time to any activity which does not relate to a police function, nor shall they conduct personal business while on duty or upon Employer property, except with the proper authorization or in accordance with Departmental procedures." Once again, it appears quite clear from the evidence and the stipulations that while engaging in sexual activities with Ms. Buttercup, Officers Sunflower, Daisy and Forsythia were conducted "personal business" while on duty or upon Employer property and such activities did not relate to a police function, The final Manual of Conduct section cited for each of the grievants is Section 18.1, which is Conduct Unbecoming an Officer. This rule, obviously, is of a general nature and relates to a violation of Rules 9.4 and 13.3, in terms of each grievants' activity. There appears to be little question but that the conduct of each of the grievants did bring the Department into disrepute, did reflect unfavorably upon each of the grievants as a member of that Department, did damage and affect the reputation of employees of the 19 Department, and impaired the operation of the Department. The Union understandably argues that each of the grievants did nothing to cause their misconduct to become public knowledge. Somehow, the media became aware of this investigation. None of the parties acknowledged responsibility for the leaking of this information to the media. No evidence was received into the record concerning the responsibility for such information being given to the media. Yet, the fact is that the media did become aware of this information and because of the number of police officers and employees involved, gained local prominence. I am confident that each of the grievants was not thinking about the consequences of his conduct when those sexual activities occurred. Yet, at the same time, one could argue justifiably that once these acts were discovered, the attendant publicity would bring each of the officers into disrepute, as well as the Police Department. In any event, I do find that the evidence supports the conclusion that Rule 18.1 was violated, in that the actions of the each of the grievants is conduct unbecoming a police officer for the Employer.' Rule Number 9 of Section 2 of the Employer Rules and Regulations was also cited to each grievant in their complaint. Rule Number 9 speaks in terms of "engaging in obscene or indecent conduct." The Union argues that this rule is so general that it fails to give fair notice as to what conduct is prohibited. In such a situation, it "See Palsgraf vs. Long Island Railroad Company, 248NY339, 162 NE 99 (1928), 20 20 argues that the rule would be unreasonable on its face. The Union further argues that the term "indecent conduct" is subject to many possibly interpretations. While I agree with the reasoning of the Union to an extent, I find that Rule 9 is similar to Section 18.1 of the Manual of Conduct, in terms of being violated when other rules in the Manual of Conduct have been violated. The term "indecent conduct" obviously refers the mores of the community in which each of the grievants is working. The example cited by the Union relate more to religious beliefs than do the general rules of conduct. In reviewing the activities of each of the grievants, I do conclude that such activity meets the definition of "indecent conduct," and as a result, violates Rule 9, Section 2 of the Rules and Regulations of the Employer. Having found the rules of conduct were violated and that there is cause for discipline, is discharge of each of the grievants appropriate considering all of the circumstances? Let us examine the cases of each grievant individually. Grievance: 0-00 - Officer Terry Sunflower In reviewing this matter, an arbitrator looks at a number of circumstances and considers a number of factors. In this case, the charges are of a serious nature. The grievant, on four separate occasions, engaged in sexual activity with the afore mentioned Ms. Buttercup. All of the acts occurred in the Employer Police Department Headquarters Building, after being arranged through the use of the computer assisted dispatch. At the 21 21 time of the incident, Officer Sunflower had approximately twelve years of experience. No prior disciplinary record was submitted. Officer Sunflower admitted during his testimony that he wanted to be a police officer. He acknowledged making a "big mistake," and stated, "I won't make it again." He indicated that he was having marital difficulties at the time that his activities with Buttercup took place. He acknowledged that he was aware that Buttercup was married to a fellow Employer police officer at the time he had the sexual activity with her. Sunflower, likewise, admits that after the first sexual activity with Buttercup, the other three occasions were premeditated after being arranged through the use of the CAD. Grievance: 0-00 - Officer Taylor Daisy In the case of Officer Daisy, sexual activity occurred on three separate occasions. The activity occurred outside a police cruiser in the Employer after being arranged through the use of a mobile digital terminal (MDT) with Ms. Buttercup. At the time of the incident, the grievant had approximately six and one-half years of experience and had no prior discipline on his record. During his testimony, he indicated that he wanted to come back to work, he loves to help people, and knows he can be effective. He said "I made a mistake, I won't make it again." To his credit, the grievant did not blame anyone else for his mistake. Officer Daisy testified that he was aware that Ms. Buttercup was married, but she told him that she was getting a divorce. The grievant appeared to be cooperative and 22 22 honest during the investigation. Grievance: 0-00 - Officer John Forsythia Officer Forsythia admitted to engaging in sexual activities on two separate occasions. The first occasion occurred in the Employer Police Department Headquarters Building. According to Forsythia, both he and Buttercup were off duty at the time. The second occasion occurred outside a police cruiser within the Employer, after being arranged through the use of a computer assisted dispatch (CAD). Officer Forsythia had approximately eleven years of experience at the time of this incident. He previously had been a Sergeant and Platoon Leader with the U.S. Army with ten years of experience prior to joining the police force. The grievant had no prior disciplinary record. During his testimony, he stated "I still want to be a police officer, that's where my heart is. This has been a life-changing event. My word is good." On cross examination, Officer Forsythia acknowledged that his actions were "uncharacteristic of him." It was a "bad decision." He said that Buttercup and his wife know each other, as his wife is a Detective with the Employer Police Department. He was unaware that other police officers had a sexual relationship with Ms. Buttercup. The Union points out that the discipline imposed in each of the cases was not progressive or corrective. The Union emphasizes the fact that under a progressive disciplinary system, both the Employer and the employee gain in maintaining the 23 23 employment relationship. In this case, all three grievants were experienced officers and had good work records. In considering misconduct, offenses are generally of two general classes; those which are extremely serious offenses, and those less serious infractions. As to the second category, it is clear that the concept of corrective or progressive discipline is recognized and should be followed in the absence of contractual language to the contrary. I fully subscribe to that principle. In the first category of cases, however, which involve serious offenses, arbitrators usually sustain discharges without the necessity of demonstrating prior warnings or corrective discipline. The charges in these cases are serious charges. They were highly publicized through no fault of either the grievants, the Union, or the Police Department. As I stated earlier, no evidence was produced indicating responsibility for the media obtaining information concerning these matters. The fact is, however, that the matters did obtain a great amount of local attention, sparked as usual, by a media frenzy. Such discipline and such publicity will damage each of the grievants as potential witnesses if they were reinstated as police officers. Without my editorializing on such a situation, suffice it to say that we must deal with the facts as we find them. In this set of circumstances involving these serious charges, I do conclude that the Employer's actions are not unreasonable simply because prior corrective action was not taken. Finally, the Union, while effectively representing each of the grievants, 24 24 emphasized four cases in which it submits are of a similar nature, yet resulted in suspensions rather than discharges. (See Union Exhibits 22, 24, 25 and Joint Exhibit 20). I have examined the cases cited to me and introduced into evidence. Obviously, the facts of those cases are not identical. In three of the cases, a seven day suspension was administered. In the fourth case, a month suspension occurred. Unfortunately, in disparate treatment situations, it is difficult to ascertain all of the factors an employer considers in deciding on discipline and a decision. Employers take into consideration many factors, including its ability to prove their case. Many of these factors and considerations are not known or revealed in reviewing a personnel report or a complaint disposition report. In any event, while I commend the Union for making such an argument, I do conclude that it is not controlling in this case and that the facts of the four cases cited, while having some similarities, have sufficient differences so as to not make the discipline disparate in nature. It is apparent from a reading of this discussion of this decision that this case has not been an easy one to decide for this arbitrator. Each of the grievants was an experienced police officer. Each had a good disciplinary record. Unfortunately, each grievant succumbed to the temptations of the moment. While each grievant knew that Buttercup was the wife of a fellow Employer police officer, yet, each of them prearranged a rendezvous for sexual gratification while on duty. A test in this type of situation is whether considering all the factors and 25 25 circumstances, the actions of the Employer are reasonable or arbitrary and capricious. I do conclude that the actions of the Employer fall within the "reasonable" range. While I have great sympathy for each of the individual grievants, this is not the test. Such sympathy is not sufficient by itself to set aside the discharges and the discipline imposed by the Employer. VII, AWARD' Grievance: 0-00 - Officer Terry Sunflower The Employer has sustained its burden of demonstrating, by clear and convincing evidence, violations of the Police Department Manual of Conduct and the Employer Rules and Regulations. It has met the standard of just cause under Article 10 of the Collective Bargaining Contract. This grievance is therefore denied and the discharge upheld. Grievance: 0-00 - Officer Taylor Daisy The Employer has sustained its burden of demonstrating, by clear and convincing evidence, violations of the Police Department Manual of Conduct and the Employer Rules and Regulations. It has met the standard of just cause under Article 10 of the Collective Bargaining Contract. This grievance is therefore denied and the discharge upheld. 5 1n accordance with Article 8, Section 4, the fees and expenses of the arbitrator are to be paid by the Union. 26 26 Grievance: 0-00 - Officer John Forsythia The Employer has sustained its burden of demonstrating, by clear and convincing evidence, violations of the Police Department Manual of Conduct and the Employer Rules and Regulations. It has met the standard of just cause under Article 10 of the Collective Bargaining Contract. This grievance is therefore denied and the discharge upheld. Respectfully Submitted, Patrick A. McDonald PAM/clbh Dated: May 8, 2008 27 27
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Pronunciation: Heckler & Koch
Added on: 2009-02-16 Listened: 1.6K timesin: HK, Heckler, Koch, German company
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