text:
Skip to comments.GOP may let contraception rule take effect without a fight
Posted on 07/27/2012 6:05:24 PM PDT by LonelyCon
This spring, Republicans were on a mission: repeal the Obama administrations rule to require employers to cover birth control. House Speaker John Boehner even stood on the floor of the House in February and promised that Congress would act. This attack by the federal government on religious freedom in our country must not stand and will not stand, Boehner said.
But now, with the rule set to take effect Wednesday part of the Obamacare law the GOP hates so much the fiery repeal rhetoric has fizzled. In fact, few on Capitol Hill are saying anything about it at all. And that House vote to block the rule? Never happened and isnt in the works either. A group of die-hards on the issue asked for it again in a closed-door meeting Wednesday with House leadership but said no promises were made.
Even Rep. Jeff Fortenberry (R-Neb.), one of the most vocal critics of the rule and co-sponsor of a bill to eliminate it, has gone quiet now that the rule is about to kick in.
Its a reminder of how fast things changed for Republicans this spring. What looked like a great attack line against the president on religious liberty and a chance to rally evangelical and Catholic voters against President Barack Obama quickly morphed into another example of what the left dubbed the Republicans war on women.
And it seems like House Republican leadership took the attacks to heart. A small group of House Republicans and religious liberty groups are trying to get the issue going again including attempts to get the courts to halt it but theyre not getting any traction with top Republicans.
The administrations mandate is an attack on religious freedom in America and that it needs to be reversed, Boehners spokesman, Michael Steel, told POLITICO. Were working closely with the Catholic bishops and others committed to religious liberty to find a path that will undo this attack on religious freedom.
That is it. I will never think the GOP are "good guys" ever again.
I am not naive about how spineless my party — the GOP — can be. But I think Romney's going to win and I believe the Republicans will have an easy time reversing the anti-religious aspects of Obamacare.
Did you imagine the Senate was going to suddenly go along with the House?
At this point, I don't see the point of voting. I caught a few minutes of Karl Rove on Fox today bragging about how much money he's making. Guess who he's making it off of?
It will be a different congress a few months from now.
Hopefully, one that doesn't include Boehner.
What a bunch of pansies — they hear the media taking the leftist line and they fold like a cheap suit. Where are the spines? Don't they know this is a winning issue? Good grief. Talk about suicidal tendencies.
Romney is the answer!
Yup. I have been assured by a number of eminent political scholars on FR that once elected, the GOP that bails on this and other issues to placate the MSM/Libs is the very same one who will ensure he governs to the right. So we are all safe, fat and happy. No worries folks!
If there is no United States of America, there will be no contraception within the former borders for an extended period of time, and I don't know why anybody should care about crap like that anyway.
Given the current environment, people should be concerned about beans, bullets and bandaids.
i read that as barmaids ~ then cleared my eyes and you'd said 'band aids' ~
I'm with you.
N0bama needs to go NO matter what it takes.
Then we can work out the details.
Now if you start a new job you will have to have CommieCare.
If you switch health plans, CommieCare.
No choice.
Free sterilization for women, free birth control
How much is this costing me? I don't know.
It's "preventative" care for women.
THank Senator Barbara Mikulski.
because God forbid if you had to copay! Even for sterilization for
women in college.
But now I have to get CommieCare.
We have already let our freedom go without a shout.
It's over.
The Marxists have won.
Overwhelm the system with illegal alien, Obamacare, Dodd-Frank,
Food Stamps, stimulus.
Then, we let our freedom go without noticing.
IT's disgusting.
One business owner got an injunction today in Federal Court.
But it only applies to them.
The rest of us -— are sentenced to CommieCare.
Bye Comrades! Bye Bye!
Romney will give a short delay. But he will not stop what's happening. The electoral process will not stop what's happening. We passed the point where votes could make a difference.
I fear war and rumors of war. I see the Tiber foaming with blood.
Obamacare To Provide Free Purses To Promiscuous Females
The Obama administration has announced that females will now be eligible to recieve a free "Safe Sax Condom Purse" (Sandra Fluke model) under the President's Free Condom initiative which is part of the Obamacare program.
The purse (pictured here) contains 32 colorful "emergency" condoms sealed in easy open plastic pouches that are actually an integral part of the purse.
Now there will be no need for promiscuous females to forego that drunken sexual interlude or one-night-stand just because they forgot to grab some free condoms at the dorm or the local welfare office.
Three things...
1. This is Politico, who will twist and turn any story to make Republicans look bad. Especially to Republican voters.
2. Do you really think the GOP House can keep the rule from taking effect? Doing so would require the approval of the Senate (not gonna happen) and the approval of the White House (not gonna happen, either).
3. The GOP House, the GOP Senate minority leader and the GOP Presidential candidate have all promised -- straightforwardly -- to kill Obamacare if they win the Presidency and Congressional majorities in the November election. Kill Obamacare and the contraception issue is closed.
Thus, the House didn't cave, as you suggest. Instead, they chose to save their bullets for a battle they could win. The same thing you would do if you were in their position...
There is no point in taking a vote now. The last time they voted, the left and the MSM had a field day saying how there are so many out of work and the GOP is wasting time on their 33rd vote to repeal Obamacare. What is the point of such a vote anyway when Harry Reid will not let it come up in the senate and even if he did, the senate would never approve it. Voting now only distracts from the negatives of Obama and gives the left something to beat the GOP over the head with.
Sen Jim DeMint, you know that liberal from SC, was on WMAL last week and Mark Levin this week. He said that the best strategy was to fund the Govt for only 6 months until the new Congress gets in. Once we get the New Congress with a President Romney, the plan was to end all of this nonsense.
He said he wanted to get all of this stuff done now to avoid a lame duck session and to put pressure on the Dems.
Again Politico is trying to spin this.
I get frustrated with some people here some times, they are easily manipulated by the likes of Politico.
Sen Jim DeMint has already outlined the strategy. I just posted it.
I don't know when House Speaker John Boehner is running again. But I would even vote for a democrat to keep him from winning again. And I never voted for a democrat in my life.
I don't know when House Speaker John Boehner is running again. But I would even vote for a democrat to keep him from winning again. If He were in my district. And I never voted for a democrat in my life.
I think they're letting the lawsuits take the lead, which is fine by me.
Every 2 years I would guess :)
Maybe maybe not...remember this is from Politico (hardly our friend) AND written by two women with an sagenda. Their goal is to get conservatives to tire and give up
Being Politico I do not doubt that. But the GOP has a long record of playing Lucy pull the football with stuff like this and every time Lucy does in fact pull the football. Then the GOP puts op some 'conservative' out there to explain why this was needed.
Sorry. DeMint has more than a few questionable votes to his credit. He may be more 'conservative' than most in the GOP but he is still very much "GOP" first and foremost.
DeMint is the most conservative in the US Senate and his motive is never questionable.
And by the way, he is out in the Senate doing what he has to do to make things right instead sitting behind a computer and whinning about things.
Then Stop posting your complaints to FR on any political topic. If I can't, neither can you.
And please do read up on DeMint. As I said, he may be more conservative than most, but he has his issues.
Lastly, unless he turns water into wine, he's human hand any human's motives are 'questionable'...unless you go the drooling lapdog route. Which I don't. You are free to tread that path, or not, at your determination.
Er, could you please . . . grow a pair? I refer you to John Belushi's speech in Animal House on "when the Germans bombed Pearl Harbor."
We've got a big job ahead of us. It may resemble the task Washington faced in late 1776. Or a civil war. Is this the time to be checking out?
The GOP is standing by and forcing Good Christians to fund the murder of millions of children.
They are watching the trains going to the Death Camps
It would appear that some conservatives believe the MSM only when they say bad things about Republicans...
We care about the contraception coverage mandate because it is pressing us into paying for the murder of innocent babies.
"I am not naive about how spineless my party the GOP can be. But I think Romney's going to win and I believe the Republicans will have an easy time reversing the anti-religious aspects of Obamacare."
Yeah...think how great it will be when Romney gets to implement all his great Mass ideas (Romneycare, gay marriage, abortion on demand, gun control) with the blessing of a GOP controlled congress.
President Romney with a GOP majority led by Boehnor, McConnell, McCain sounds outstanding.
Do you think Sen Rubio will also tackle comprehensive immigration reform?
We are screwed either way. In my mind Romney, aided by a GOP congress probably does more long term damage than Obama, opposed by a GOP congress, can do in four more years.
Oh, horse****. The ONLY way to get this damnable law and the enforcements thereof to be changed is to CHANGE the legislative and executive branches.
People ARE working to change the mandate, but believe it or not the House of Representatives doesn't have dictatorial powers.
We have to do this the right way.
The best way is to defeat the despicable occupant of the White House in November, and put Republicans in charge of the legislative branch again.
I'm seeing it that way too.
I'm seeing it that way too.
"I think the feeling may be that Romney is going to win and that it makes sense to wait until after the election to fight the religious liberty battle."
Great so Romney thinks that religious liberty is a losing issue. Why did y'all nominate this clown?
The best way is to actually nominate and elect a conservative...
Is this the same Jim Demint,who in April 2011,said of Romneycare, "I have no problem with it"?
This is the last election that the gop will have its base... they will need a new one after November.
Thanks for the info on DeMint. Sounds like a plan.
Boehner and the GOPe are not "Spineless",they are complicit and collaborating with Obama and the dems,in pushing this Country into being a marxist/islamist slave state. While at the same time profitting off of it.
I have seen no evidence that boehner has listened to us at all. He conspires behind closed doors... while telling us that Cut, Cap and Balance is the only plan being negotiated... and now we are faced with the Super Committee... his baby... and a half a Trillion Dollars cut from our Military and Medicare. Top that off with boehner just stating that he would not defund any of obamacare... that he intended to fully fund the Federal budget... a budget that is 1.28 Trillion Dollars in deficit for this fiscal year. This is not the "right way". This is the same old song and dance and the same old and well worn gop excuses.
That was my thought, as well. The MSM will do anything to try to damp down the Republican vote this year. It is the ONLY way that Obama can win.
Do they want to be unelected?
The more I see what cowards the Republicans are, the more I feel justified in my decision to sit out the presidential election and hunker down, get under the radar, and protect my family in my own way.
America is dead and gone. The final nail in the coffin was the 2008 election of an African communist as President and Commander-in-Chief of the Armed Forces. America had a great run. Remember it fondly for what it was. Theres no point hanging onto the past.
The United States of America is now little more than a land mass populated by cretins, ingrates, and parasites who have absolutely no respect for the military and who vote for big government to confiscate money from their neighbors so that it may be redistributed to them in exchange for their votes. It is not an America worth defending anymore. That America no longer exists.
The parasites outnumber the hosts now, and theres no going back. America is dead.
The Democrats have won.
Nothing lasts forever, (shrug), and there's no point crying or whining about it. My recommendation to every decent human left out there is to throw some cold water in your face and go to Plan B. Figure out how to grab every government dime you possibly can before the parasites who comprise the Democrat party "base" gobble it all up. Look for angles. Look for refuge. Get under the radar and game the system. Every man for himself.
Good luck, everybody.
Boehner, or what ever your name is. In 2013 you are gone.
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text:
Career Stories - Walter
The Secret of My Success:
If you're a talented "student of color"
looking to break into the world of Advertising, I'm about
to tip you off to one of the industry's best kept secrets:
MAIP (Multicultural Advertising Internship Program).
I wouldn't be surprised if this is the first
you've heard of it. You see, despite the fact that this is
an exceptional program sponsored by the AAAAs (American Association
of Advertising Agencies), recruitment has been a problem due
to a lack of student awareness. Believe it or not, MAIP has
been around for over three decades and to my knowledge it's
the only internship program dedicated to increasing the woefully
low number of minorities in advertising. Whoa, I just said
the "M" word! Don't sweat it, MAIP is in no way
a "hand out". Like Fishburne says in The Matrix,
this program "can only show you the doors, you have to
walk through them."
MAIP offers 10-week paid, summer internships
in Account Service, Creative, or Media Planning at some of
the top agencies in the country. A select few are invited
to travel outside of their local markets and intern in other
cities. MAIP picks up 60% of their travel and housing expenses.
Sound too good to be true? It's not. And in my case, the internship
led to an opportunity at a large New York agency.
Gettin' the Gig:
I entered the MAIP program during the summer
of '96 and was fortunate enough to be selected for the New
York group. It had been my dream since high school to work
in Manhattan. MAIP arranged some temp housing and assigned
me a roommate who was also aiming to land a gig in "the
City". We hit it off right away, but there was always
an undertone of quiet competition between us. Five weeks into
the internship, he was offered a full time position at the
agency he was interning for. To this day, he readily admits
that he lucked into a vacant position, but the fact that he
landed a gig so quickly lit a fire under me.
By design, MAIP provides opportunities to
meet informally with Human Resources at various agencies.
I spent the last five weeks of my internship calling the HR
folks I'd met, sending them my resume and scheduling interviews.
It was during the last few days of the program that I got
a call back from D'Arcy (DMB&B) asking that I return for
a second round of interviews. They were looking for an Associate
Account Manager on their extremely busy TYCO Toys account
and wanted the position filled quickly. I was due to fly back
to New Mexico in two days, so we arranged a gauntlet of interviews
for the very next day. I met with five people and the interviews
ranged between half an hour to 45 minutes each.
One of the interviews was conducted over lunch
- luckily I'd practiced swallowing bites whole to avoid getting
caught after questions with a mouth full. Of course when asked
something I needed to think about, I'd pretend to be chewing
to give myself an extra second or two to think. After the
interviews, I felt I'd made a connection and left an impression
on my interviewers but still had nervous jitters as HR walked
me out giving me the standard "don't call us we'll call
you" speech. And what made it worse was I hadn't received
a call from any of the other agencies requesting that I come
in for second round interviews with them. At the end of the
longest week of my life, D'Arcy called and made an offer (a
few of those other agencies called too - but I'd already accepted
the D'Arcy gig). Three weeks later I was back in Manhattan
and on the job.
On the Ropes:
I'd be lying if I said the first couple months
weren't tough. It was definitely a "trial by fire"
with little margin for error - hey, New York boasts the largest
ad market in the world so one should expect a bit of intensity.
I was trying my best but couldn't really find someone to show
me the ropes. At one point my supervisor called me in for
what felt like an extremely de-motivating ream session but
looking back that was a turning point for me. I realized that
I had to actively seek the tools and knowledge I needed -
no one was going to hand them to me. I stopped pretending
to "get it" and started asking questions until I
did. I still made plenty of mistakes but I learned from each
of them and by the end of my first year I was holding my own
(by the end of my second year I was so buttoned up it was
I had to learn the hard way, you don't: Get
your foot in the door and get some experience even if the
job offer is for an account that doesn't interest you (think
I was excited to advertise toilet paper and diapers?). The
basic ins-and-outs of the job are the same regardless of the
account - and most agencies tend to rotate people to alternate
accounts after 9 months to a year anyway.
There isn't a textbook big enough to contain
all the facets of this business:
Ask, Ask, Ask! Trust me, a supervisor will
get moderately annoyed if they have to explain something multiple
times but they'll lose their mind if you pretend to understand
and they have to redo something you botched.
Advertising is not a 9-5 gig. Expect to work
long hours and occasional weekends. There are a lot of variables
(staffing, workload, size of account) but you'll get a feel
for how long it takes you to get through your projects.
4 years and counting:
I've been in the business about four years
now and in that short time I've worked for two agencies building
a diverse roster of experience (TYCO Toys, Charmin, Pampers,
Joseph Abboud - Men's Apparel, INROADS recruiting, and I'm
currently working on Nestle NesQuik). Most importantly I've
had fun along the way - for every deadline, budget issue,
and difficult client, there is a great creative presentation,
commercial shoot, or phone call from Mom and Dad who just
saw your new ad. All in all, I'd have to say the industry
has been pretty good to me and even if I choose to make a
career change later on, I've picked up some invaluable marketing
experience that should translate to other fields.
If you are interested in more information
on MAIP, contact the AAAA's or see their web site.
Good luck.
Follow us on
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subset: commoncrawl


text:
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text:
Carole A. Feuerman
World Renowned Hyper Realist Sculptor
Works Shown at Art Miami, Scope, Concept Art Fair,
Markowicz Fine Arts, The National Hotel
and FAAM - Fine Art Auctions Miami
Featuring Works from 70's to The Present
Cocktail Reception and Installation of New Works at:
The National Hotel - Friday, December 2nd @ 6pm
Markowicz Fine Arts Hosts Reception & Exhibition - Saturday, December 3rd @ 7pm
New York, NY (November 17, 2016) – Carole A. Feuerman's work will be presented in several different locations during the Art Fairs in Miami December 2016. Feuerman is credited with starting the Hyper-realist movement in the late 1970's. Known for her sculptures of the swimmers, Feuerman is the only figurative artist to realistically paint bronze figures so real that you would mistake them for live people, and to install them in monumental size in public locations throughout the world.
The National Hotel, (1677 Collins Ave. Miami Beach, FL. 33140), will co-host a cocktail party with Markowicz Fine Art on Friday, December 2, 2016 from 6pm - 8pm.
They will be showcasing her monumental sculpture The Golden Mean, which is cited on Collins Avenue and 17th Street in front of the hotel. On the hotel's front entrance, you will also see her iconic sculptures Next Summer and Survival of Serena.
Markowicz Fine Art, (110 NE 40th Street Miami Design District) will host a cocktail party and reception Saturday evening, December 3 at 7:00pm. There will be a group exhibition for artists: Carole Feuerman, Formento & Formento, and Kai Orlinski.
The public will be greeted by Feuerman's "Toasting to Your Health," a sculpture of a woman holding a drink, that looks so real you might want to say hello to her. Carole Feuerman's installation titled "Rated X," will feature her erotic works from the 1970's featuring sculptures, hyper-realistic pieces and prints.
Carole Feuerman's work will also be presented in two locations at Art Miami Fair (Art Miami Pavilion 3101 NE 1st Avenue Miami, FL 33137), the leading international contemporary and modern art fair at the midtown Miami complex in the renowned Wynwood Arts District. It is one of the most important annual contemporary art events in the United States.
KM Fine Arts (Los Angeles, CA & Chicago, Il) Art Miami Pavilion (Booth B402) will debut her newest sculpture titled The Goddess. It is a girl with her ear listening to the shell. A "shell" has many symbols and meanings such as beauty and fertility. It also was exemplified in ancient and renaissance paintings of the Goddess Venus, the Roman goddess of love. Additional artworks shown will be Miniature Serena, 2016 and Miniature Balance, 2016.
C24 Gallery (New York, NY) at Art Miami Pavilion (Booth B307) will present Feuerman's first print editions titledSerena Prints Suite, 2012. Feuerman uses vivid colors designed to complement each other. C24 will exhibit the last available suite in this edition of 30. They will also be exhibiting The Hug, 1980, a marble sculpture from her series of works on relationships. The Hug has not been shown in 25 years. It explores the relationship between a man and a woman. Along with that, C24 is showing Tree, 2016 is a life size sculpture of a woman representing the organic process of growth and fertility.
Gallery Biba (Palm Beach, FL) at Scope Art Fair (Booth F31) will showcase Feuerman's sought after miniature sculptures, Mini Serena, 2013, and her newest Brooke with Beachball fragment, (2016).
Gary Lichtenstein Editions at Mana at Concept Art Fair, (Bayfront Park, Downtown Miami) will be showing Feuerman's newest silk screened Triptych, Capri, Catalina, and Moran (2016), diamond dust, silk screen on board.
About Carole A. Feuerman
Carole A. Feuerman is recognized as a pioneering figure in the world of hyperrealist sculpture, which emerged around 1970 in relation to photorealist painting. Together with Duane Hanson and John De Andrea, her contemporaries, she was one of the three leaders that started the movement by making life like sculptures that portray their models precisely. While Hanson used uniforms and props to achieve a Pop Art irony, and De Andrea continues to explore the love relationships of men and women, Feuerman's sculptures have always visualized a natural beauty and a sense of inner peace. Dubbed 'the reigning doyenne of super-realism' by art historian John Spike, Feuerman has solidified her place in art history.
Feuerman's prolific career has spanned over four decades. She has been the subject of eight museum retrospectives to date and four catalogue raisonnes. Her works continue to be exhibited worldwide. In Italy, she has exhibited four times in the Venice Biennale, in the Piazza della Republica; and the Teatro Romano e Museum Civico in Fiesole. In Asia, she has exhibited in Harbour City, Hong Kong; The National Museum of China, Shanghai, Huan Tai Hu Museum, Jiangsu, China; and the Clayarch Museum, Daejeon Museum and Suwon Museums in Korea. Numerous public sculptures have appeared in outdoor venues, including Petrosino Square in New York City and the Frederik Meijer Sculpture Gardens in Grand Rapids, Michigan. One of Feuerman's most recognizable pieces, The Golden Mean, can be seen in Riverfront Green Park overlooking the Hudson River owned by the City of Peekskill, NY. Her Monumental Double Diver is owned by the City of Sunnyvale, CA. in Silicon Valley.
In 2011, she founded the Carole A. Feuerman Sculpture Foundation in order to generate excitement, interest and passion for the arts and to inspire and award deserving artists with education grants. This year 2016, Feuerman had a solo show, Hero and Leander, at C24 Gallery, in NY; a solo show called, Carole A. Feuerman: Body of work, at the DeLand Museum of Art, DeLand, FL.; a solo show with her iconic, Monumental Quan, at the Lotte Palace Hotel, New York, NY; The Golden Mean, at The National Hotel, Miami, Fl.; Swimmers at the Markowicz Fine Arts, Miami, FL.; and a solo show, Reflections, at KM Fine Arts in Los Angeles. In 2017, she will have a solo show on the Grand Canal for the Venice Biennale in Italy; and a solo show at the Dennis Museum Center, Traverse City, Michigan and a solo show at Marshall Fredericks Sculpture Museum, University Center, Michigan.
Her selected private collectors include the Emperor of Japan, President William & Secretary of State Hillary Clinton, Norman Brahman, the Caldic Collection, Mark Parker, Andrey Molchanov, Unlu Menkul Degerler, Ariella Wertheimer, Robert Hurst, and Malcolm Forbes.
de Monterrey, Mexico
October 13, 2016 - January 8, 2017
Escultura Hiperrealista 1973-2016
October 28 - November 28, 2016
Changzhou, Jiangsu Province, China
Contact: Mook Ji, firstname.lastname@example.com
"Swimmers Dance on the Water"
La Biennale Di Venezia 2017
In Conjunction With Global Art Affairs and Concilio Europeo dell'Arte
May 13- November 26
(10am -6pm, closed tuesdays)
VIP Opening
May 10-12
(open 10am-10pm)
Monumental Dancer and Beyond the Golden Mean
Contact: Emily Mcveigh, email@example.com, 813-421-8377


text:
The Donnas
The Donnas are an American all-female rock band from Palo Alto, California. They consist of Brett Anderson, Allison Robertson, Maya Ford and drummer/percussionist Amy Cesari. They draw inspiration from Ramones, The Runaways, AC/DC, Bachman–Turner Overdrive and Kiss. Rolling Stone has stated that "the Donnas offer a guileless take on adolescent alienation; they traffic in kicks, not catharsis, fun rather than rage". MTV has stated that the band offers "...... more on Wikipedia
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3/5out of 5 based on 0 ratings. 0 user reviews
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Drug-Free Resources
Student Resources:
NIDA for Teens - Take the Knowledge Quiz
Parent Resources:
Partnership for Drug Free Kids - Recursos en Español
The Substance Abuse and Mental Health Services Administration - "Talk. They Hear You." Campaign Helps Parents Talk to Younger Children about Underage Drinking
Educator Resources:
National Institute on Drug Abuse - The Science of Drug Abuse and Addiction
Too Smart to Start - Help prevent underage alcohol use.
Other External Resources:
Drug Enforcement Administration (DEA)
Office of National Drug Control Policy
Yellow Ribbon Suicide Prevention Program - IT'S OK TO ASK 4 HELP!
The High Intensity Drug Trafficking Area Program - The Legalization of Marijuana in Colorado: The Impact Volume 4
This site provides external links as a convenience to our users. The appearance of external hyperlinks on the Westminster Area Community Awareness Action Team (C.A.A.T.) website, known as www.drugfreecommunity.com, does not constitute endorsement by the linked websites, or the information, products or services contained therein. Westminster Area Community Awareness Action Team (C.A.A.T.) does not exercise any editorial control over the information you may find at these locations.
Copyright © 2016 Westminster Area Community Awareness Action Team (C.A.A.T.) All rights reserved.


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Recipe courtesy of Andrew Bernheimer
Who thought truffled anything would ever be Fab & Fru?
*6 Servings
4 pounds Idaho/Russet potatoes, peeled and cut into quarters
One cup half and half
1 cup of butter
Truffle Oil to taste
(You can use either black or white truffle oil, but just start with a tablespoon and then add more to taste so you don't overdo it! The beauty of truffle oil is that while truffles themselves are insanely expensive, you can get a bottle of truffle oil at Trader Joe's for about $10!)
Cook potatoes in large pot of boiling salted water until very tender, about 20 minutes. Drain. Return potatoes to pot. Stir over medium heat until excess moisture evaporates, about one minute. Remove from heat and mash them up!
Add half and half, butter, and truffle oil. Stir until smooth. Season to taste with salt and pepper.
You can serve immediately or cover with saran wrap and refrigerate overnight. To reheat, add additional milk and possibly some oil (to taste) and warm slowly over the stove.
*We've pegged this recipe as the perfect compliment to our Short 'On Cash' Ribs, but you can make this delicious side dish with any meat, chicken, or pork dish. That bottle of truffle oil will last you quite awhile so the cost of this dish will gone down each time you whip it up!| Print


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howdy friends! i hope you are all having a marvelous day wherever you are in the world, i'm in good spirits today despite having a crap-tastic nights' sleep haha. just wanted to mention to all my followers who have a twitter account, i use mine pretty actively (maybe too much?) and often share pics of hauls, swaps, and links etc. there that i deem a bit too "small" for a full on blog post. just wanted to throw that out there, as i might be showing things that non-followers miss out on. my tweets are protected, i was getting hella spam bots for a while there haha, so you do have to "request" to follow me but i will approve ya right away :)
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May 11, 2012
A & J COMPANIES INTERNATIONAL, INC., T/A JOYCE'S TROPICAL GARDEN, PETITIONER-APPELLANT,v.GOVERNING BODY OF THE TOWNSHIP OF IRVINGTON, RESPONDENT-RESPONDENT.
On appeal from the New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control, Docket No. 7529.
Submitted: January 11, 2012
Before Judges Axelrad and Sapp-Peterson.
Petitioner, A & J Companies International, Inc, t/a Joyce's Tropical Garden, appeals from the December 6, 2010 final conclusion and order of the Director, Division of Alcoholic Beverage Control (Director) affirming the decision of the Administrative Law Judge (ALJ) sustaining eight charges occurring on two dates and revoking petitioner's plenary retail consumption license. We affirm in part, reverse in part, and remand.
This case has its genesis in a Resolution and Order adopted on October 27, 2009, by the Irvington Council acting as the Alcoholic Beverage Control Board of the Township of Irvington (respondent). Following a hearing, respondent found petitioner, the holder of plenary retail consumption license no. 0709-033-020-007, guilty of eight charges for conduct occurring at 1371 Springfield Avenue in Irvington, and revoked its license effective immediately. The charges were that: (1) on April 3, 2009, petitioner caused or allowed narcotics and other illegal activity on the licensed premises, N.J.A.C. 13:2-23.5(b) and (c) (charges 2 and l); caused the licensed premises to be conducted in such a manner as to become a nuisance (police intervention -public safety violated), N.J.A.C. 13:2-23.6(a)(3) (charge 3);*fn1 and caused or allowed lewd activity on the licensed premises and with audience participation, N.J.A.C. 13:2-23.6(a)(1) (charges 4 and 5); and (2) on May 6, 2009, petitioner failed to conspicuously display its license, N.J.A.C. 13:2-23.13(a)(1) (charge 6); allowed the sale of alcohol to an intoxicated person, N.J.A.C. 13:2-23.1(b) (charge 7); and caused the licensed premises to be conducted in such a manner as to become a nuisance (police intervention - public safety violated), N.J.A.C. 13:2-23.6(a)(3) (charge 8). Three charges relating to May 22, 2009 were withdrawn by the prosecutor.
Petitioner appealed to the Director. A consent order was entered on December 3, 2009 by the Acting Director staying the revocation of petitioner's license with conditions. The appeal was referred to an ALJ who conducted a hearing on June 2, 2010. On September 10, 2010, the ALJ issued an initial decision affirming the action of respondent on all eight charges and the revocation penalty.
Petitioner filed exceptions with the Director who, by final conclusion and order of December 6, 2010, affirmed the decision of the ALJ without further comment, and revoked petitioner's license. This appeal ensued. On February 17, 2011, petitioner filed a motion with the Appellate Division seeking summary disposition and a stay of the license revocation, which was opposed by respondent. By order of April 1, 2011, we denied petitioner's motion.
The following testimony and evidence was presented at the hearing before the ALJ. Irvington Police Officer Shaun Green testified for respondent that at about 11:30 p.m. or midnight on April 3, 2009, he and several officers were on routine patrol in their marked vehicles. When they drove past Joyce's Tropical Garden (Tropical Garden), he observed a male, later identified as Bernard Jackson, standing in the doorway with four or five individuals around him, and he appeared to be placing a handgun in the waistband of his pants. Jackson saw the officers and fled inside the Tropical Garden. Approximately ten to twelve officers responded to the scene. Officer Green pursued Jackson through the crowded bar towards the rear and into the "strip club portion" of the establishment, at which point Jackson discarded the weapon and was arrested. The gun, a 357 magnum, was loaded with one hollow point bullet. The officer later ascertained that Jackson had two outstanding warrants and did not have a permit to carry the gun.
Officer Green also testified he saw a patron toss a bag of marijuana to the floor and he observed "a marijuana bag on the bar as well as a discarded marijuana cigarette on the floor." He further observed an abandoned jacket on the chair at the bar with two bottles of alcohol in its pockets.
Irvington Detective Jerry Ramos testified that he responded as back-up to a police radio transmission indicating the police apprehension of a suspect in possession of a handgun inside the Tropical Garden. He reported that eleven officers and six detectives were at the premises that night. After observing the suspect was in custody and the premises appeared to be safe, he commenced his investigation regarding the liquor license. While inspecting the premises, the detective observed several used condoms behind a wooden structure about waist-high on the patron side of the bar. In close proximity to the condoms, he observed stains on the wall that he "believed to be semen" but which were never confirmed. He also observed "a couple of bags of marijuana and a marijuana cigarette" and "pint size bottles [of liquor] on the patron side of the bar on the floor directly behind the bar . . . where the patron would have their feet . . . if they had their stool pulled up to the bar."
As a result of the investigation, Detective Ramos testified he filed a report noting, in part, that "[a] suspect was arrested in possession of a handgun inside of the establishment and in addition two separate suspects were arrested for possession of CDS" and recommended the following five charges regarding the licensed premises: (1) illegal activity; (2) narcotic activity; (3) nuisance; (4) lewd activity; and (5) lewd activity with audience participation. He based the nuisance charge on the numerous charges on this particular date and, based on his review of the computerized system of the police call logs (CAD report), explaining, "the fact . . . that we had responded to this particular establishment on numerous occasions in the past . . . two dozen or more [times]." That evening he walked with the manager throughout the establishment, explained to her the violations, and pointed out his observations to her (with the exception of the loaded gun, which was taken from the premises).
With regard to the purported events of May 6, 2009, Detective Ramos testified to an administrative report he prepared on May 30, 2009, based solely on a report prepared by Sergeant Brennan, who the detective testified was "currently not on duty" due to a back injury. There was no testimony regarding an ABC investigation purportedly conducted by Sgt. Brennan on May 22, 2009, that resulted in the three charges; the report was merely marked for identification. No exhibits were admitted into evidence at the hearing.
Betty Oster testified for petitioner. She stated that she was the manager of the Tropical Garden, and was in charge of it on the night of April 3, 2009. She explained she erroneously told police she was the owner because she is the one who is always present and in charge. Oster testified that Jackson was not employed by the licensee and she had never seen him prior to his being chased by Officer Green into and through the establishment that night. She explained that during the commotion one of the dancers fainted, so she took her outside and when the other police arrived she was standing outside the side door. According to Oster, there were about fifteen to twenty people in the Tropical Garden that night. Oster was not aware that any patrons or employees possessed drugs or marijuana on the licensed premises that night or that any of the employees were arrested by the police that night, and did not observe anyone tossing marijuana. She also had no knowledge of any condoms being on the licensed premises or of any semen being on the wall, and was unaware the police found condoms there. Oster acknowledged she presented her license to Detective Ramos that night but denied he discussed any violations with her. She further stated she had a security person standing at the front door; however, there were no further questions on this issue.
The ALJ affirmed the action of respondent on the five charges arising from the April 3, 2009 incident and the three charges arising from the May 6, 2009 investigation, as well as the revocation penalty. The ALJ's decision was affirmed by the Director. This appeal ensued.
On appeal, petitioner argues the record does not contain sufficient evidence to support a finding on any of the charges. Petitioner also argues the ALJ improperly placed the burden on it to disprove the charges by a preponderance of the evidence and applied an incorrect review standard of whether respondent's guilty finding and penalty was "unreasonable, arbitrary or capricious."
Specifically, as to the first two charges, petitioner contends the record is devoid of evidence that it allowed, permitted or suffered illegal possession of narcotics or any illegal activity at the Tropical Garden pursuant to N.J.A.C. 13:2-23.5(b) and (c) either by allowing the activity on the premises or failing to prevent such activity after it "knew or should have known" of its occurrence. See Benedetti v. Bd. of Comm'rs of Trenton, 35 N.J. Super. 30, 34 (App. Div. 1955). It further contends "[t]here was absolutely no showing of wrongdoing or culpable conduct" on its part. See Ishmal v. Div. of Alcoholic Beverage Control, 58 N.J. 347, 351-52 (1971). Petitioner urges that it was the police who caused Jackson to enter the establishment with a loaded gun when they chased him (charge one), and that its security personnel had no obligation to search its patrons for weapons prior to their entry.
Petitioner claims the second charge was deficient because the charge alleged it "caused or allowed narcotics activity in the licensed premises" but omitted the word "unlawful" as contained in N.J.A.C. 13:2-23.5(b)*fn2 and the ALJ did not find petitioner guilty of allowing "unlawful" narcotics activity. Petitioner additionally renews the argument it made to the ALJ that the Director's unpublished decision in Nancy Lee Baldwin v. City Council of Elizabeth, Division of Alcoholic Beverage Control Bulletin 2341 (March 10, 1980) is directly on point. In Baldwin, the Director reversed a municipal finding of guilty as to this regulation where patrons had discarded drugs upon police entry and it was satisfied the testimony did not establish the licensee or employees had actual or constructive knowledge of the presence of the drugs. Petitioner further asserts the ALJ erroneously imposed an obligation on it to "screen" all patrons for drugs at the doorway upon their entry to the premises.
As to the third charge of operating its business so as not to constitute a nuisance,*fn3 similar to its first argument, petitioner emphasizes the fact that a dozen officers were summoned to the Tropical Garden on the night in question was as a result of Officer Green chasing Jackson inside, not as a result of petitioner's operation.
Petitioner next argues the discovery of several used condoms on the patron side of the bar as supporting the ALJ's guilty finding on charge four, causing or allowing lewd activity on the premises, and five, permitting lewd activity with audience participation, N.J.A.C. 13:2-23.6(a)(1). Petitioner argues that the condoms, in and of themselves, are not "lewd" and there was no evidence that petitioner knew or should have known of their presence or that any particular activity involving them occurred on the premises at any particular time.
As to charges six through eight, petitioner emphasizes that there was no evidence pertaining to any activity on May 6, 2009. Petitioner notes that the only mention in the record was testimony by Detective Ramos that he reviewed an administrative report regarding an incident occurring on that date that mentioned three violations. The officer who prepared the report did not testify and the report was not introduced into evidence.
Petitioner also challenges the penalty of license revocation as inappropriate and too severe. Petitioner urges that it should be reversed as an abuse of discretion.
We first address petitioner's argument that because this was a de novo appeal of a disciplinary action, respondent was required to prove its charges by a preponderance of the evidence and it was not petitioner's burden to disprove the charges. We disagree. N.J.A.C. 13:2-17.1 sets forth the procedure for all appeals from actions of a municipality "concerning the issuance, denial, renewal, transfer, suspension or revocation of a retail [liquor] license." (emphasis added). N.J.A.C. 13:2-17.6 expressly addresses the burden of proof, stating:
All appeals shall be heard de novo and the burden of establishing that the action of the respondent issuing authority was erroneous, and should be reversed, shall rest with appellant.
Accordingly, the standard applied by the ALJ, on which the Director relied, i.e., that petitioner failed to prove by a preponderance of the credible evidence that respondents finding petitioner guilty on each of the charges was "unreasonable, arbitrary or capricious," was the proper burden of proof.
We turn now to a review of the agency's findings, recited by the ALJ, on each of the charges. The scope of our review in an appeal from a final decision of an administrative agency is limited. Circus Liquors, Inc. v. Governing Body of Middletown Twp., 199 N.J. 1, 9 (2009). The "generally accepted gauge of administrative factual finality is whether the factual findings are supported by substantial evidence" in the record. Hornauer v. Div. of Alcoholic Beverage Control, 40 N.J. Super. 501, 504 (App. Div. 1956). We must sustain the agency's action in the absence of a "'clear showing' that it is arbitrary, capricious, or unreasonable" or "lacks fair support in the record[.]" Circus Liquors, supra, 199 N.J. at 9. In reviewing an agency's action, we consider:
(1) whether the agency's action violates express or implied legislative policies, that is, did the agency follow the law; (2) whether the record contains substantial evidence to support the findings on which the agency based its action; and (3) whether in applying the legislative policies to the facts, the agency clearly erred in reaching a conclusion that could not reasonably have been made on a showing of the relevant factors. [Id. at 10 (quoting Mazza v. Bd. of Trs., 143 N.J. 22, 25 (1995)).]
In weighing these considerations, we must acknowledge, when appropriate, an agency's "'expertise and superior knowledge of a particular field.'" Circus Liquors, supra, 199 N.J. at 10 (quoting Greenwood v. State Police Training Ctr., 127 N.J. 500, 513 (1992)). We also generally afford "substantial deference" to a determination of the Director enforcing the State's regulations regarding the sale of alcoholic beverages. Circus Liquors, supra, 199 N.J. at 10.
Our review of the record in light of the legal standards satisfies us that respondent's decision was reasonably supported by the evidence presented with regard to charges two, four and five and petitioner failed to sustain its burden of demonstrating that respondent's finding of guilt on those charges was erroneous. Accordingly, we affirm the ALJ's determination that on April 3, 2009, petitioner "allow[ed], permit[ted] or suffer[ed]" unlawful possession of narcotic drugs and "lewdness or immoral activity" at the Tropical Garden.
As found by the ALJ, Oster's assertion that she had no knowledge that any patrons possessed marijuana and did not observe anyone tossing marijuana, or observe the condoms, even if assumed true, is not dispositive. "A licensee is responsible to maintain control of its patrons and its licensed and surrounding premises." Antoine Servs., Inc. v. Mun. Bd. of ABC, Linden, 97 N.J.A.R.2d (Vol. 2) 9, 18-19 (Div. of ABC) (citing In re Nathan's Realty, Inc., 96 N.J.A.R.2d (Vol. 2) 25, 13 (Div. of ABC)). This strict rule is justified because "[t]he liquor business is an exceptional one and courts have always dealt with it exceptionally." Borough of Fanwood v. Rocco, 33 N.J. 404, 411 (1960). As the Supreme Court reiterated in Division of Alcohol Beverage Control v. Maynards Inc., 192 N.J. 158, 180 (2007), "[i]t has long been the law in New Jersey that, in the context of the regulation of alcoholic beverages, the word 'suffer' . . . imposes responsibility on a licensee, regardless of knowledge, where there is a failure to prevent the prohibited conduct by those occupying the premises with his authority." (quoting Essex Holding Corp. v. Hock, 136 N.J.L. 28, 31 (Sup. Ct. 1947).
The ALJ noted it was undisputed that police observed two bags of marijuana and a marijuana cigarette on the patron side of the bar and two patrons were arrested for possession of CDS that evening. Officer Green observed a bag of marijuana on the bar separate from the bag a patron tossed to the floor. The bag of marijuana in plain sight on the bar is surely an item that, at a minimum, was visible to the bartender. Moreover, considering Oster's assessment that the establishment "wasn't packed" that night, if she were carrying out her duties as manager, Oster also should have been aware of the presence of the illegal narcotics on the premises. See Benedetti, supra, 35 N.J. Super. at 34. Considering petitioner's burden to establish that respondent's finding of guilt of the charge was erroneous, Oster's mere denial of knowledge was insufficient. Although Oster noted there was a security person standing at the front door, she presented no testimony as to his job duties and responsibilities, whether he had any specific instructions to screen, in any way, patrons upon their entry to the establishment, or of his observations of the patrons that evening. Petitioner could also have brought in the security guard or bartender to testify but chose to rely solely on the vague testimony of its manager. Thus petitioner cannot avail itself of the defense asserted in Ishmal, supra, 58 N.J. at 350-52, as it presented no testimony that it took reasonable and repeated steps to prevent customers from possessing drugs or engaging in drug transactions.
Petitioner correctly states that condoms, in and of themselves, cannot be considered lewd. However, the items discovered by police were used condoms, and as found by the ALJ, their presence "in a bar that employs female dancers" reasonably suggests that lewd activity took place on the premises. Moreover, they were discovered on the patron side of the bar behind a waist-high wooden structure in the area described by Officer Green as the "strip club portion" of the establishment with a possible semen stain on the nearby wall, strongly suggesting that the dancers engaged in sexual activities with the patrons.
We are not satisfied, however, that the record supported a finding of guilt of the first charge of permitting illegal activity on the premises. It is undisputed that Jackson was standing with other individuals outside the front door, which Oster testified would have been closed, and he entered the establishment only when he was chased by police. Oster testified that Jackson was not employed by the licensee and she had never seen him before, and there was no refuting testimony from police that, for example, Jackson was a "regular" there or they had previously encountered him at the establishment. Nor was there any testimony that Jackson had been making a commotion outside that should have been investigated by Oster. Accordingly, there is no evidence that Jackson had been permitted inside prior to Officer Green's observation of him. Nor would Oster have any reason to know he was armed.
Petitioner also is correct in its challenge to charges one, three, and the three charges arising out of an alleged May 6, 2009 incident (four through six). The ALJ's sole basis for the guilty finding on the third charge of permitting the premises to become a nuisance was that "petitioner operated its bar in such a fashion as to require substantial police intervention," specifically, that ten to twelve officers were summoned to the premises. It is undisputed the police presence was solely in response to Officer Green's observation of Jackson placing a gun in the waistband of his pants when he was standing outside the entrance door to the Tropical Garden.
We further note that although the CAD report was marked for identification, Detective Ramos did not provide any specific detail of prior police calls to demonstrate the establishment had repeated breaches of public peace or conduct contrary to the public health, safety or welfare requiring close police observation. Officer Green merely stated that on the night of April 3, 2009, he and the other officers were "on patrol . . . addressing quality of life issues" and they drove past the Tropical Garden. Detective Ramos stated in vague terms that police had previously "responded to this particular establishment" about "two dozen or more" times; he provided no explanation of the nature of the calls or the results. The ALJ presumably gave this generalized testimony no weight as she did not reference the prior police calls in her finding of nuisance.
There was no competent testimony presented regarding an ABC investigation purportedly conducted by Sgt. Brennan or evidence presented with respect to the May 6, 2009 incident or investigation. Detective Ramos merely identified an administrative report he prepared solely based on Sgt. Brennan's report and stated he recommended petitioner be cited for three violations -- license not conspicuously displayed, sale of alcoholic beverages to an intoxicated person, and business conducted in such manner to become a nuisance. Neither the police nor administrative report were admitted into evidence. On cross-examination, Detective Ramos acknowledged he did not observe that the license was not conspicuously displayed or the sale of alcohol to an intoxicated person. No testimony was presented as to the basis for the nuisance charge.
Accordingly, the record does not support the ALJ's finding that "[i]t is undisputed that petitioner's license was not in plain view on May 6, 2009." Nor did the ALJ have a factual or legal basis to rely on a purported statement in "the police report as well as an addendum report" regarding the license display or the statement that the "bartender admitted to serving an intoxicated patron." As noted by petitioner's counsel in his objection to Detective Ramos testifying solely as to what Sgt. Brennan purportedly put in his report, the problem of Sgt. Brennan being unable to testify could "be solved in many different ways, but not by [Detective Ramos] testifying as to what [Sgt.] Brennan found." Respondent chose not to present competent testimony or admit evidence to support the charges of May 6, 2009. Accordingly, those charges cannot be sustained on this record.
As to petitioner's challenge to the severity of the penalty of revocation of its license, we are mindful that our "'review of an agency's choice of sanction is limited'" and we "'generally afford substantial deference to the actions of administrative agencies such as the Board . . . because of the expertise and superior knowledge of agencies in their specialized fields[.]'" Maynards, supra, 192 N.J. at 183 (quoting In re License Issued to Zahl, 186 N.J. 341, 353 (2006)). We are unable to effectively review the revocation sanction imposed here because it was based on a finding of guilt of all eight charges. Since we have removed five of the charges from consideration, we do not know if respondent would have imposed the ultimate penalty of revocation of petitioner's license solely on the three charges we sustained -- permitting CDS and lewd activities on the premises -- or if the Director would have affirmed the sanction. Accordingly, we remand for reconsideration of the sanction.
Affirmed in part; reversed in part; and remanded for reconsideration of the sanction. We do not retain jurisdiction.
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May 30, 1990
MARGARET ANN BUBLIS, PETITIONERv.DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, RESPONDENT
Petition for Review of an Order of the District of Columbia Department of Employment Services
Schwelb and Farrell, Associate Judges, and Kern, Senior Judge.
D.C. Code § 46-111 (a) (1987) provides, in part, that "any individual who left his most recent work voluntarily without good cause connected with the work, as determined under duly prescribed regulations, shall not be eligible for [unemployment compensation] benefits . . . ." By regulation, the Director of the Department of Employment Services has determined that among the "reasons considered good cause connected with the work for voluntary leaving" is:
Illness or disability caused or aggravated by the work; Provided, that the claimant has previously supplied the employer with a medical statement. . . .
7 DCMR § 311.7(e) (1986). In this case, the Director sustained an appeals examiner's interpretation of this regulation as requiring that the employee have supplied the employer with "medical documentation" in the form of a physician's statement or its equivalent explaining the illness or disability and consequent need for voluntary leaving. The Director further sustained the examiner's finding that petitioner had failed to supply the required statement. Mindful of our limited scope of review of agency action, we nevertheless are constrained to hold that, in the circumstances of this case, the determination that petitioner failed to furnish a "medical statement" is unsupported by substantial evidence in the record viewed as a whole. D.C. Code § 1-1510 (a) (3)(E) (1987). We therefore reverse the denial of benefits.
From November 1979 to September 1988, petitioner was a Health Education/Community Outreach Social Worker for the East Coast Migrant Health Project (ECMHP). The job apparently required her to change assignments and move to different migrant worker locations in southern states every six months or so. *fn1 According to the Employer's Statement submitted in connection with petitioner's request for unemployment benefits, in September 1988 petitioner "advised ECMHP she would not accept the position for which she had signed an agreement for (Nashville, N.C.) at the advice of her doctors." At the hearing before the appeals examiner, Dr. John Bartlett testified that petitioner came to his psychiatric clinic in North Carolina on June 17, 1988, complaining of anxiety attacks and an inability to drive her car, which her work required, because of fear and the feeling "that her current life situation was too stressful for her to bear." He diagnosed her as suffering from a major depressive episode, and advised her that "she would he unable to recover from her depressive episodes if she continued to work at [her present] job."
Petitioner apparently was hospitalized briefly, and toward the end of June received a note in the hospital from ECMHP's Assistant Administrator, Helen Kavanagh, stating: "Marge[,] Hang in there and get some rest. We're with you on this. Give a call when you need a cheery hello!" *fn2 A month later, ECMHP's Administrator, Sister Abhold, wrote petitioner inquiring, "How is your mother? She must be pleased that you are at home with her and helping the healing process with you . . . ." On July 29, 1988, petitioner forwarded a note to ECMHP from a psychiatrist stating: "Mrs. Bublis should remain of [sic; on] leave of absence (sick leave) for 6 add'l weeks." On September 19, 1988, Helen Kavanagh wrote to petitioner "capsulizing" a telephone conversation they bad a few days earlier. The letter confirmed that since petitioner's sick leave and vacation time would expire by September 30, she would then be on a leave of absence from ECMHP, but that, "since you also indicated that there is a strong possibility that you will not continue with ECMHP as strongly suggested by the three doctors you have been working with, ECMHP will need to know within a month's time whether or not you plan to continue." Petitioner left the employment of ECMHP on or about September 30.
At the hearing on petitioner's claim for benefits, Sister Abhold acknowledged that petitioner had called her and told her of the June depressive episode, and informed her that the doctor was recommending she go into another kind of work. Sister Abhold explained, however, that ECMHP had "never received any medical evaluation of [petitioner's] condition," only the physician's note recommending six more weeks of sick leave, and that petitioner had presented no "medical documentation" of any kind to the employer. Petitioner testified that she had been unaware "any of these things were needed" but believed the employer "understood [her situation] in September after my telephone call"; she had been reluctant to provide further details to the employer "because of the confidentiality of anyone seeking help for a psychological or psychiatric problem."
The appeals examiner found that petitioner
did not tell her employer the full reason for her resignation. She did not present any medical documentation concerning her health problem, because she wanted to keep the matter confidential. The employer was given a doctor's statement that said she would be unable to work for six weeks, but it did not elaborate on why the claimant would be out from work.
The examiner construed the "medical statement" regulation as requiring that the employer be furnished with a physician's statement or equivalent documentation establishing an objective connection between the employee's illness or disability and the employment. The Director upheld this determination.
On more than one occasion, we have emphasized that "generally, the [unemployment compensation] statute should be construed liberally, whenever appropriate to accomplish the legislative objective of minimizing the economic burden of unemployment." Green v. District of Columbia Dep't of Employment Servs., 499 A.2d 870, 875 (D.C. 1985), quoting Thomas v. District of Columbia Dep't of Labor, 409 A.2d 164, 170-71 (D.C. 1979). See also Cohen v. District Unemployment Compensation Bd., 83 U.S. App. D.C. 222, 223, 167 F.2d 883, 884 (1948 ("the Unemployment Compensation Act be interpreted in accordance with its purpose"). Still, benefits under the statute are not available merely for the asking, and with particular reference to D.C. Code § 46-111 (a), the Director has determined, permissibly, that a claimant who leaves his employment voluntarily has the burden of proving "good cause connected with the work for the voluntary leaving." 7 DCMR § 311.4; see Hockaday v. District of Columbia Dep't of Employment Servs., 443 A.2d 8, 11 (D.C. 1982). One reason the employee may advance is disability or illness "caused or aggravated by the work"; but, to insure that the employer has the opportunity to ameliorate the work conditions or otherwise provide remedies and so avoid assessment for unemployment benefits, the regulation requires the employee, before quitting, to supply the employer with a "medical statement"
The first question to be decided, then, is whether the agency's construction of this term as requiring a physician's statement or equivalent documentation is a reasonable one compatible with the purposes of the statute. Just as we defer to the agency's reasonable construction of its enabling statute, e.g., Hughes v. District of Columbia Dep't of Employment Servs., 542 A.2d 832, 835 (D.C. 1988), so necessarily We accept its reasonable interpretation of its own regulations. Dell v. District of Columbia Dep't of Employment Servs., 499 A.2d 102, 107 (D.C. 1985).
In Hockaday, supra, which involved a claim for benefits arising before the effective date of the regulation at issue here, the Director denied the claim because the petitioner had not proven that "her leaving was justified in the absence of medical advice to leave her work for job connected reasons of health." 443 A.2d at 11. In sustaining the Director's determination, we held that "it is not unreasonable to expect an employee to provide such objective, professional verification; otherwise, there would be no way for the Director to distinguish between real and imagined health problems attributable to the work." Id. at 12 (footnotes omitted). We noted that "the position taken by the Director here is similar to the position set forth in the new regulation, effective November 20, 1981, which deals specifically with voluntary termination for health reasons." Id. at 12 n.15. We then quoted the provision involved in this case. What the regulation does, consistently with the Director's previous requirement discussed in Hockaday, is require an employee to give the employer (and not merely the Director at a post-claim hearing) "objective, professional verification" of the disabling illness and to permit the employer to take steps, if any, to accommodate the employee and avoid a job-necessitated resignation. The requirement is a reasonable one, for otherwise the employer would have to accept the employee's word concerning an illness and, on that basis, either adjust the work situation or risk assessment for benefits in the event the employee quits. *fn3 It is not unreasonable for the Director to impose on the employee the burden of supplying professional verification of the disability.
The second, and more difficult, question we must decide is whether the appeals examiner's Conclusion that petitioner had not furnished the requisite proof is supported by substantial evidence in the record. D.C. Code § 1-1510 (a) (3) (E). Our review on this question is similarly deferential, and the mere existence of substantial evidence contrary to the examiner's finding does not ally us to substitute our own judgment for his. Davis v. District of Columbia Dep't of Employment Servs., 542 A.2d 814, 816 n.2 (D.C. 1988); Hockaday, supra, 443 A.2d at 12.
The Director does not dispute that petitioner provided the agency with "objective, professional verification" that her leaving was for job connected reasons of health. Dr. Bartlett's testimony at the hearing fulfilled this requirement. We conclude, however, that the Director could not, in keeping with the statutory purpose, reject as insufficient the similar information petitioner had supplied to the employer before quitting the job. ECMHP's administrators conceded learning of petitioner's illness during the summer of 1988, and of its general nature. They also acknowledged receiving a psychiatrist's note requesting an additional six weeks of leave for petitioner, which was objective confirmation that the illness was not feigned. Twice during the summer--once while petitioner Was in the hospital--the administrators wrote to her encouraging her to get rest and affirming their support for her in "the healing process." By mid-September they knew, at least from petitioner, that three doctors who had treated her were recommending that she seek another kind of work, a fact recorded in the Employer's Statement submitted at the administrative level that petitioner had resigned on the reported advice of her doctors.
It is true that the employer did not receive documentation--in the form of a written or oral statement by a physician--of the specific nature of petitioner's illness, its job-relatedness, or the fact that it would necessitate her quitting unless some accommodation was made. We conclude, however, that the information possessed by the employer was enough to require it to assume the duty of inquiring further of her about these matters. It must be borne in mind that the regulation refers only to a "medical statement" and that the requirement of documentation by a physician is a gloss--a permissible one--placed upon the language by the agency. The requirement is thus a potential snare for the unwary employee, and for that reason basic fairness dictates that at some point the party assumed to have greater knowledge of the regulatory scheme must bear the responsibility of confirming the nature and cause of the illness and the prospect it holds out for resumption of work. *fn4 We conclude that that point was reached in this case. Had ECMHP requested documentation from petitioner in addition to the psychiatrist's note, and had she failed to comply, then she would have failed in her burden of proof under 7 DCMR § 311.4. But the employer did not seek further information of the sort it could reasonably be expected to ask for in deciding whether to further accommodate petitioner or accept the possibility that she would resign and claim unemployment benefits.
In these circumstances, and emphasizing the concrete knowledge which the employer had of petitioner's illness and its likely effect on her future employment, We hold that the agency's Conclusion that petitioner failed to supply the required medical statement is unsupported by substantial evidence in the record. Its Conclusion is, accordingly,
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Recent Niagara Falls Reviews
Nice home and Excellent location
This home is ideal for families and groups of 8-10. The property offers privacy as well as the fabulous made to order breakfast 3 doors down at the Niagara Grandview Manor. There are 4 bedrooms (all on the second floor) and 3 full baths (1 on the main floor and 2 on the second floor). The home was clean, neat and the beds were very comfortable. The staff were helpful in every way. The breakfasts were superb and portions ample. Everyone was friendly, outgoing and attentive. I highly recommend this establishment.


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On the sidelines for nearly seven months, the Bob Baffert-trained grade II winner Victory U.S.A. returns to action Sunday as the likely favorite in the $100,00 Las Flores Handicap (gr. III) at Santa Anita.Although he dominated the Santa Anita trainer standings for seven consecutive years after winning his first title in 1996-97, the Las Flores, a six-furlong event for older fillies and mares, has eluded the 51-year-old Baffert.In spite of the inclement Southern California weather, Victory U.S.A. has drilled in typical Baffert fashion for her return. The 4-year-old Kentucky-bred daughter of 1998 Belmont Stakes (gr. I) winner Victory Gallop has two bullet workouts among her last six recorded moves. Victory U.S.A. has not raced since finishing third by a head last July 31 in the San Clemente Handicap (gr. II) at Del Mar. The chestnut filly has a 3-2-3 record from 11 starts, with earnings of $613,637 for owner Thomas F. Van Meter II of Lexington, Ky. Victory U.S.A. won the Stonerside Beaumont Stakes (gr. II) on April 8 and was subsequently fourth in the Kentucky Oaks (gr. I). David Flores rides Victory U.S.A., who was assigned top weight of 120 pounds.$100,000 Las Flores Handicap, fillies & mares 4 & up, 6 furlongs
PP. Horse, Jockey, Weight
1. Liz On Polk Street, Jose Valdivia Jr., 114
2. Victory U.S.A., David Flores, 120
3. Minnie The Moocher, Victor Espinoza, 112
4. Quero Quero, Gary Stevens, 117
5. Puxa Saco, Mike Smith, 115
6. Delizia, Tyler Baze, 113
7. Miss Terrible, Alex Solis, 116
8. Run Rebecca Run, Julio Garcia, 113
9. Mazella, Jon Court, 113
10. Papa to Kinzie, Pat Valenzuela, 114
Victory U.S.A. Stands Out in Las Flores Field
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