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Strasbourg, 22 May 2012
OPINION No. 7
1. The Consultative Council of European Prosecutors (CCPE) was established by the Committee of Ministers of the Council of Europe in 2005 with the task of rendering Opinions regarding the functioning of prosecution services and promoting the effective implementation of Recommendation Rec(2000)19 of the Committee of Ministers to member States on the role of public prosecution in the criminal justice system.
2. The Committee of Ministers instructed the CCPE1 in 2012 to adopt an opinion for its attention on the management of the means of prosecution services.
3. The CCPE has drafted the present Opinion on the basis of 29 replies received from member States to a questionnaire2. These replies show that prosecutors, based on whether they are independent from the executive or not, do not have at their disposal the same means for managing their services. The competence for establishing a budget is almost invariably shared between the prosecution and the Ministry of Justice; often the Ministry of Finance is also involved. Approximately a half of the States indicate that the budgets of their prosecution services are governed by the system of management by results including such objectives as efficiency and productivity. All replies show that the budgets allocated to prosecution services are regarded as insufficient; this situation is bolstered by the current financial crisis.
A. Reference texts (SECRETARIAT)
4. The CCPE underlines the importance of referring to the Convention on Protection of Human Rights and Fundamental Freedoms (ECHR) and the case-law of the European Court on Human rights (the Court)3.
5. The CCPE took into consideration the Recommendation Rec(2000)19 of the Committee of Ministers to member States on the role of public prosecution in the criminal justice system, and in particular the part concerning the guarantees to the prosecution service for exercising its role. It also took into account the recommendations contained in the previous Opinions of the CCPE, especially in Opinion No. 4 (2009) on the relations between judges and prosecutors in a democratic society.
6. The CCPE also took into consideration the European Guidelines on ethics and conduct for public prosecutors – the Budapest Guidelines4, Opinion No. 2 (2001) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on the funding and management of courts with reference to the efficiency of the judiciary and to article 6 of the ECHR, as well as the Report of the European Commission for the Efficiency of Justice (CEPEJ) entitled "European Judicial Systems: Edition 2010" and the Report of the Venice Commission on European Standards as regards the independence of the judicial system – Part II: the Prosecution Service5.
B. Scope and purpose of the Opinion (Maria-Antonella BINO)
1. Scope of the opinion
7. The present Opinion applies to prosecution services as regards the execution of all functions entrusted to them in accordance with the law. The prosecution assumes a key role in the criminal justice system. In particular, as the authority charged with monitoring the application of the law and prosecuting any divergent behaviour the prosecution service must respond to the common need to combat domestic and international crime.
8. At present the prosecution service is confronted with an increasing density of crime that gives rise to a growing feeling of insecurity. Expansion of organised crime, acts of terrorism and anarchy (disorder) in certain areas as well as the development of transborder cybercrime requires an increased efficiency of repressive action, due to the serious danger they represent for the society.
9. This requires significant human and technical resources. Therefore prosecution services need to have at their disposal appropriate means, particularly financial, even in time of economic crisis.
2. Purpose of the Opinion
10. The autonomy of management represents a guarantee of independence and efficiency of the prosecution. Nevertheless the power of prosecution services to manage autonomously their own budgets and resources varies from one member State to another.
11. Therefore (a number of) common principles emerge. Among them: recognition of the need for a structural and financial independence of the prosecution and the current trend towards an increasing autonomy of management. The need to rely on management professionals is a necessary precondition of this. Thus the elaboration of common principles as regards the management of means, particularly financial, should be encouraged.
12. Taking into account the current situation in each member State, the present Opinion aims at elaborating proposals and recommendations permitting to identify the needs and employ the resources of prosecution services in an efficient manner.
13. The efficiency of prosecutorial activities depends, to some extent, on the resources allocated to the prosecution service.
14. The resources allocated for carrying out prosecutors' activities should be commensurate with the tasks and functions imposed on prosecutors, including for the protection of human rights and fundamental freedoms.
15. Member states are responsible for allocating the necessary resources, including funds adequate to the needs of prosecution service.
16. The financial resources of any prosecution service should not depend on political changes in the parliament and the executive branch and should be a constituent part of the state budget. Despite the fact that allocation of funds to the prosecution service is deemed to be a political decision, it would be advisable to ensure that the legislative and executive authorities concerned could not unduly influence the prosecution service when making decision on its budget. The decision on the allocation of means to the prosecution service should be made in strict accordance with the principle of its independency.
17. The official procedures for submitting and examining proposals for financing the prosecution service should ensure that the allocated funds be sufficient enough in view of the important role of the prosecutors in the protection of human rights and fundamental freedoms, as well as in creating a socially oriented state governed by the rule of law. Allocations from budget and other types of resources for the prosecutorial activities are needed to enable efficient execution of prosecutors' functions and competences stipulated by the law.
18. It seems advisable for the prosecution service to take part, along with the executive branch, in the elaboration of a part of state budget on the issues of financing of the prosecution service, and participate in the parliamentary debates on relevant provisions of the draft budget.
19. The right of the prosecution office to contact the parliament directly in order to express its opinion concerning its needs may be one of the forms of its active involvement in the elaboration of its own budget. It would be also advisable for the prosecution service to take part in consideration of budgetary issues concerned in the parliament, including in its specialized committees.
20. The procedure for adopting the budget of the prosecution service should provide for taking into consideration the opinion of the prosecution service itself.
21. It should be ensured that the allocation of resources for professional training of prosecutors be in conformity with the international principles and standards concerning such training.
22. Not less important issue to be taken into consideration by member states is allocation of resources for introducing new technologies into the prosecutors' activities.
23. The management of budgetary resources allocated to the prosecution service should be conducted by the prosecution service itself.
24. If the prosecution service is entrusted with managing its own resources, the state should arrange for appropriate training of prosecutors and provide to them necessary assistance in accomplishing such a function. In any case it is important that the responsibility for all administrative decisions related to allocation of resources which directly affect the prosecution service's activities should be laid on the prosecution service itself.
A. Core needs of prosecution services and financial regulations (Harald RANGE)
25. The core need for the prosecution services is to be able to comply with their legal tasks. For example, in states, where prosecution offices are ruled by the principle of legality, they have to be able to investigate all crimes that as a matter of law need to be investigated. The rule of law is not to be impaired by monetary restrictions. Thus there should be no limit for the budget of the prosecution service within the field of investigative necessities.
26. To allow for the sufficient allocation of means by parliament, the estimated costs need to be calculated in advance. This requires reliable schemes of budget planning. Criminal statistics of previous years may serve as a basis to elaborate an overall minimum budget for the prosecution service in the year or time period to come.
27. Budget lines for the prosecution service must, however, under all circumstances allow for quick reactions to unforeseen developments. This includes a redistribution of funds within the prosecution service as well as the general allocation of further means by parliament to comply with the exigencies of effective law enforcement.
28. These basic conditions respected it is of no importance whether the prosecution service is run independently or on a joint budget together with the courts. What is needed is a strong advocate for the course of justice who is in an adequate position for the necessary negotiations with parliament.
29. Controlling and auditing are core elements to assure the diligent management of public funds. Yet, they have to be adapted to the specific tasks of the prosecution services. Due to its special mission the use of funds spent on investigating crimes cannot be assessed by cost performance calculation; by no means are investigations to be determined by cost effectiveness. Auditing must be restricted to the administration of the prosecution services such as investments in infrastructure. Controlling may be a useful instrument to establish best practices within the prosecution service as a means to compare the handling of cases in different units but may not be used as a means to govern the prosecution service as such.
B. Specific needs (Peter POLT/Vladimir ZIMIN)
1. Needs of the prosecutor in the criminal law field
30. Adequate allocation of resources for ensuring prosecution activities is a necessary pre-condition for implementing the principle of the prosecutors' independence, including when they act in the criminal law area.
31. Financial independence of prosecutors is not a privilege, granted for their personal benefit, but a guarantee of fairness of criminal prosecution, protection of human rights and freedoms in criminal proceedings, and finally, of proper administration of criminal justice.
a. With regard to investigations
32. The management of financial resources of on-going investigations varies significantly in the different Member States. The same diversity is true for the role of the Prosecution Services in the course of the investigation. In some of the Member States the Prosecution Service itself has investigative power in relation to certain crimes stipulated by law and crimes committed by a special circle of defendants. In other Member States the Prosecution Service has no investigative power, but it has the right to order the investigative authorities to carry out investigative acts.
33. The costs of the given investigative act are usually advanced by the investigating authority actually executing it. In many Members States therefore prosecutors often face the problem that investigating authorities – with reference to their low budgetary means – deny to, or are reluctant to execute the prosecutorial order to carry out investigative acts. This problem is especially delicate in cases where extra costs occur (e.g. when expertise on DNA and homogenetics or the use of special investigative techniques is needed).
34. The prosecutor can be the master of the criminal case in the investigation phase of the procedure only if the financial position of the Prosecution Service enables him to be so. Therefore, the Prosecution Services of the Members States need to have at their disposal – as a separate chapter in their budget – the sufficient resources for the advancement of all the necessary investigative acts (including those of extra cost) to be executed either by the Prosecution Service itself or by the investigative authorities on the order of the prosecutor. This kind of approach would significantly contribute to carry out comprehensive investigations and avoid deviations in criminal procedures.
35. In addition to the advancement of the costs of the investigative acts, special attention should be paid to the full imposition and – if necessary - to the strict and consistent recovering of these costs. The necessary mechanisms should be set up in order to be able to recover – from the persons concerned - all possible costs advanced or borne during the criminal procedure by the different authorities. From the point of view of the Member States and their judicial bodies the consistent recovering of the costs of the criminal procedures is of special importance at the time of the global financial and economic crises hitting us today.
36. Member states wherein investigation is one of the functions entrusted in the prosecution service should:
- ensure that funds can be used immediately and without obstruction by the prosecution service for conducting any investigative and other procedural actions necessary for effective and impartial investigation;
- allocate to prosecutors material and technical resources which enable them to apply special modern technologies during investigation and supervision over observance of laws during investigations (computer search engines and search systems, equipment for conducting forensic expertise, electronic data bases, videoconferencing etc.).
37. Prosecution service should not be unduly restricted in managing the budget resources allocated for the investigation purposes. But the utilization of such resources should be rational, effective and transparent.
38. In case of necessity in order to promote efficiency of countering crime, it is necessary to organize specialization and training of prosecutors in relation to specific crimes committed with the use of modern technologies (for instance, high- tech crimes).
39. Provisions should be taken against prioritised allocation of funds for investigating particular crimes to the detriment of investigating other socially dangerous offences.
b. With regard to other functions of prosecution
40. It is necessary to ensure that the number of prosecutors is not less than the number of judges in the first, appellate and cassation instances.
41. The material and social remuneration of prosecutors should preferably not be lower than that of judges.
42. It is necessary to ensure the involvement of prosecutors in using modern techniques of criminal proceedings, including in E-justice processes.
43. While carrying out other functions related to criminal prosecution, the prosecutors (and if appropriate, members of their families) should be provided with proper working conditions related to their safety.
44. For this purpose member states also should take necessary measures to ensure that prosecutors and their families are physically protected by special state authorities when their personal safety is threatened as a result of the proper discharge of their professional duties.
45. Minimal standards should be observed concerning the security of prosecutors, provided for by the relevant documents of the United Nations Organization, Council of Europe and International Association of Prosecutors (IAP).
46. More and more expenses are caused by ever increasing participation of prosecutors in international cooperation in criminal matters which includes a wide range of issues such as extradition, assistance in criminal matters, seizure and confiscation of criminal assets.
47. To ensure that international cooperation can be carried out expeditiously and efficiently, proper funds are needed, in particular, to apply modern information technologies in sending and executing requests for legal assistance, including by videoconferencing, and in encryption; to pay for visits of prosecutors abroad to participate in international events, including consultations and negotiations, particularly with the view of drafting international conventions; to pay for interpretation and translation.
48. Certain funds are needed for organizing international conferences and seminars, and taking measures to promote the efficiency of international cooperation, including seconding liaison officers to the national embassies in foreign states, and paying the activities of joint investigation teams and relevant coordination bodies (for example, Eurojust, European Judicial Network, Consultative Council of Prosecutors General of the CIS States, and Consultative Council of European Prosecutors).
2. Needs of the prosecutor outside the criminal law field
49. The prosecutorial activities outside the criminal law field, which, to different extent, are performed in most member states of the Council of Europe, sometimes require special forensic examination and involvement of specialists from different areas of expertise (for instance, psychologists in cases related to family law, accountants and financial experts on bankruptcy, chemists and biologists in the matters related to environmental protection).
50. Depending on the variety and extent of work the need may arise to create within a prosecution service specialized units to perform activities outside the field of the criminal law in general or in particular fields (for instance, in the area of corruption or environmental protection).
51. Obviously, the specific nature of this activity may require special training of the personnel.
A. Human resources (Antonio VERCHER)
52. It goes without saying that crime itself is increasingly an international phenomenon. This explains the growing number of Prosecutors in the different European legal systems, which is the logical reaction from the States to counteract the increase of criminality and to prevent crime.
53. It is important to underline, however, that growing criminality is due to increasing international integration and globalisation, expanding international trade and increasing international data flow. This reality means new ways and possibilities to commit crimes, which, consequently, implies the need to co-operate in its detection and the apprehension and prosecution of criminals, as well as to receive a special training to be able to face the threats posed by the above mentioned phenomena. This approach was openly expressed in the Explanatory Memorandum of Recommendation Rec (2000) 19 of the Council of Europe and it is implied in the Seventh United Nations Congress on the Prevention of Crime and Treatment of Offenders, which took place in Milan in 1985.
54. Moreover, since Prosecutors have to be objective and fair in the performance of their professional tasks, there is a certain trend in the European legal systems to provide them with a higher degree of autonomy.
55. As a result, there is an expanding demand for human resources in the Public Prosecutors Offices, as well as the necessary material and budgetary means to carry out the prosecutorial tasks. If one also takes into account the fact that in a number of countries Prosecutors also perform their tasks outside the criminal law field, this demand certainly becomes much more evident.
56. In fact, the new Public Prosecutors Offices, in the vast majority of European countries, are perceived as much more complex and sophisticated than the traditional Offices.
57. Generally speaking, there are three different professional levels which may integrate the staff of the modern Public Prosecutors Office:
- The legal level is normally integrated by the Public Prosecutors themselves, with their assistants. Occasionally, it may also be convenient to hire or to recruit lawyers, whenever they may be needed as a way to complete the legal unit in the Public Prosecutor Office. In that case, recruited lawyers may be used to reinforce the legal staff, either to deal with specific complex cases, or to support any specialized area -criminal or not-, in which the Public Prosecutor may be competent.
- There is an open list of different experts which may integrate the technical units which are part, or are under the control, of the Public Prosecutors Office. For instance, psychologists or psychiatrists may be essential to deal with cases of juvenile delinquency, of mentally ill criminals, or to assist victims. Sociologists and experts in statistics may be of great use when there is a need to supply with statistical data. It may also be convenient to resort to computer engineers to research anything which has to do with cybercrimes, or biologists or chemists to investigate environmental crimes, etc., etc.
58. Finally, the administrative staff is an essential part of the Public Prosecutors Office. Their members are the better trained people to cope with the bureaucratic workload of cases which inevitably increases in parallel with the specialization or complexity of matters dealt by the Prosecutor.
59. Needless to say that a system to calculate the workload of Prosecutors must be designed in order to identify their evolving needs. This system should be also able to measure those factors that influence or affect the professional tasks of the Prosecutor, so that those legal areas in which the Public Prosecutor is competent are properly treated and no legal loopholes exist.
B. Financial resources (Gabriela SCUTEA)
60. The main source of funding for the Prosecution Services is the state budget, which is generally endorsed by the Parliament. In some legal systems, the Prosecution Service is directly involved in defining the budgetary needs and is responsible for the budget management whereas in others the executive intermediates such tasks on behalf of the public prosecution. The state budget basically covers the immediate needs to safeguard the primary tasks of the Prosecution Services such as personnel costs, goods, services and investment costs. Most of the time, the funds allotted from the state budget are not enough to cover more complex tasks.
61. Prosecution Services may also access external public funds mainly originating from the EU, World Bank or donor developed states. Yet, such funds only target specific aspects for the activity of the prosecution such as specialized training for the staff, implementation of modern management or investigation techniques or promote the international cooperation. The EU Member States have access to Union grants, on a competitive basis, with a view to develop a European judicial culture and strengthen the relationship among prosecutor's offices, including via funding of joint investigation teams. Usually, the states have to provide further funding to ensure the sustainability of such tasks and sometimes this becomes an extra-burden for the state budget.
62. Although on short term the impact of such funding seems low, on long term it proves its benefits and Prosecution Services are strongly encouraged to access extra funds.
63. Generally, the management of the funds granted by international organizations is regulated by the donor organization/state through clear and strict procedures the beneficiary has to comply with. The use of external funds are limited to the purpose they were allocated. The process is very transparent making from this tool a legitimate source of funding activities meant to fine-tune specialized tasks of the public prosecution.
64. However, Prosecution Services should be reluctant to accessing funds provided by non-governmental organizations where the aim and the criteria for their accessing are not clear and transparent and could be interpreted as means to corrupt officials.
65. The general principles of using the public resources, both from state allocations and extra funding should be observed: the principle of opportunity, the principle of efficiency and effectiveness and the principle of legality. When in the use of such resources are involved more than one body, their observance must be doubled by a careful coordination to ensure the duplication of efforts is avoided and financial means are channeled to the achievement of the final goal.
66. As such, for cases when other bodies are involved in investigations, the Prosecution Services are advised to apply policies meant to ensure complementarity and value for money for the overall inputs, avoiding overlapping of resources.
67. Prosecution Services should enjoy as much autonomy in budgetary matters as possible, as an effect of the application of the principles that govern the planning and use of public funds.
68. It should be the task of the Prosecution Service to define its own budget, based on its own needs analysis and workload, cost and performance indicators specific for the prosecution activity. Crime occurrence is evolving all the time and as such the need of the prosecution to intervene and make use of resources. If the financial means of the prosecution are allotted only based on historical figures and macroeconomic indicators, countering crimes could be seriously hampered.
69. It is not necessary that the prosecutor him/herself be directly involved and specialized in the process of planning and managing the financial means. Prosecution Services should, where appropriate, include specialized personnel with background on finance and management to carry out such function and ensure the accountability for the use of resources. However, prosecutors should be aware that they could link with such specialized personnel and highlight their needs which are to be transposed in resources.
70. Prosecution Services should be permitted to access more resources. Member States are encouraged to explore developing of confiscation polices that enable the capitalization of the confiscated goods and their use to fund the activity of the prosecution and judiciary in general.
71. Prosecution Services are encouraged to conclude agreements with other state authorities with a view to share facilities and administrative services or participate to joint actions.
72. As an effect of the principle of legality of the use of public resources, the financial management performed by the Prosecution Services independently should be subject, when appropriate, to supervision from the state authorities with control and audit attributions, similar to other public institutions.
73. Member States should take appropriate measures to give full effect to the Recommendation (2000)19 of the Committee of Ministers to Member States on the role of public prosecution in the criminal justice system and in particular to ensure that public prosecutors are able to perform their professional duties and responsibilities without unjustified interference or unjustified exposure to civil liability.
74. In this respect, Member States should consider having the liability of the public prosecutors for judicial errors only subsidiary to the state liability. In legal systems providing for professional insurance for prosecutor's judicial errors, the implementation of such regulations must be doubled by effective implementation measures and Member States should closely monitor the functionality of the process.
C. Equipment and material resources (Gabriela SCUTEA)
75. Prosecution Services are urged to implement and use centralized IT systems for planning, monitoring and comparing the expenditure of prosecution services, as a practical and efficient method to balance the use of resources versus the workload of the territorial services, generating benchmarks for using resources at the level of different offices, enabling the quick reallocation of resources when needed and finally ensuring accountability of the expenditures.
76. Member States are encouraged to supply prosecution services with the necessary means to implement the use of IT equipment in their daily work. Prosecution Services should consider implementing and using E-justice tools, common IT systems with the judiciary, electronic case management permitting to reduce the length of the proceedings and secured electronic tools to ensure the data protection.
77. Member States are also required to support the need of the prosecution services to have available adequate premises where the public can be received, as a further means to support and facilitate access to justice.
D. The means of prosecution services and government austerity plans (Peter POLT/Olivier DE BAYNAST)
78. Although the total nominal volume of appropriations for the Prosecution Services in most of the countries increased between 2008 and 2011, in the questionnaire answered by the Member State prosecutions during the preparation of this Opinion the vast majority pointed out that the recent economic crisis affected their financial situation to some extent. The magnitude of this effect seems to vary from the introduction of a general policy towards making savings and redistributing resources to core activities at the expense of e.g. capital investment, on the one hand, to radical cuts in the salaries of prosecutors, on the other. Most respondents assessed the resources currently at the disposal of the Prosecution Services of their countries as insufficient and obtaining additional human and financial resources is seen as a priority in a number of the Member States.
79. As an effect of the global financial and economic crises Member State Prosecution Services have to face new challenges. In many countries criminality increased or its structure has changed significantly. As austerity may have contra productive effect, in the present situation Member States should endeavour to provide for the Prosecution Services better technical equipment, better access to training for the staff and better access to technical expertise that is required in support of evidence used in courts.
80. The Prosecution Services themselves have their own tasks in annulling or at least minimising the negative effect of the economic crises on their everyday work. By better cooperation and coordination between the European and domestic actors of fight against crime the current situation can improve considerably. On European level the different possibilities for cooperation in criminal matters (e.g. through Eurojust or by conducting joint investigations) should be used much more extensively. On domestic level agreements with other local, regional and national authorities permitting to share administrative services, office facilities and support staff, or improved cooperation with other controlling authorities (such as tax inspectorates) may help in overcoming the present problems.
81. The economic crises shall not influence the quality of prosecutorial work in a negative way. The introduction of new structures within the Prosecution Services (e.g. establishment of specialised units for fight against economic criminality and corruption) or in the system of financing the prosecution (e.g. providing budgetary autonomy in countries where Prosecution Services do not have it) can contribute on a large scale to keep up professional quality.
E. Management by results (Raija TOIVIAINEN/Alessandra GIRALDI)
82. In some Member States, activities of the prosecution service are managed according to the principle of management by results. This concept covers an interactive, agreement-based steering model, where resources are allocated based on agreed and expected activity. The principal idea in management by results is for the parties to establish an appropriate balance between the resources available and the results to be attained. The purpose of management by results in the Prosecution Service is to ensure that the resources of local prosecution offices are balanced with objectives and that operating efficiency is balanced with operating quality to the best possible extent. Another purpose is to ensure that desired results are attained cost-effectively. Furthermore, management by results creates transparency with regard to justifying how resources are used which may be an effective tool when negotiation further resources.
83. A performance agreement is a steering instrument established on the basis of performance negotiations, between a fiscal government body (i.e. the Ministry of Finance, Ministry of Justice or Parliament) and the Prosecution Service. Prosecution Services should themselves participate in these negotiations as they know best how to set the objectives for its outputs in order to guide prosecutors in their actual work. The Prosecution Service should have sufficient liberty for setting its objectives so as to achieve the best possible results.
84. The basic criteria for evaluating performance and allocating resources are a definition of core outcomes and outputs. The outcomes of the Prosecution Service consist of how well social objectives set for the service (e.g. enforcement of criminal liability) have been attained. Outputs, on the other hand, concern objectives which the Prosecution Service can itself influence through its own activities and how they are managed, i.e. operating efficiency, quality control and management of human resources. In order to apply an activity based allocation of resources, a clear definition of output must be in place.
85. Outputs should be closely linked to the Prosecution Service's core activities and available resources, so that attainment of the objectives depends solely on what the agency does and how it is managed. Objectives should be realistic yet challenging, and also clear and measurable. Attention should be paid to the fact that definition of outputs will impact on the activities carried out by prosecutors.
86. Performance negotiations should produce a written agreement detailing the objectives set and the resources allocated to their attainment, and also the criteria by which the operations of the Prosecution Service are monitored and evaluated. Prosecution authorities should actively be involved in negotiating the agreement.
87. The Prosecution Service is responsible for attaining the set objectives and for its outputs. Management by results requires the agency to report on the attainment of objectives. Typically, local prosecution offices report to the Office of the Prosecutor General, which in turn reports to the government body allocating the resources. How well the objectives are attained will influence the objectives set and the resources allocated for the next operating period. Evaluation and measurement of results in a clear and reliable way is vital, but may pose a challenge. Good performance indicators show what has been achieved, not what actions have been taken. Evaluation of whether the objectives of the Prosecution Service have been attained or not should always be followed by decisions on concrete measures. These may concern not only the Prosecution Service itself but also the government body responsible for steering, if it transpires that the central government has through its actions substantially undermined the performance capacity of the Prosecution Service.
To be completed
1. Prosecution services must have sufficient means in order to fulfil their various mission (cf CEPEJ report)
2. Prosecutors should estimate their needs, negotiate their budget and decide how to use the resources allocated
3. Prosecution services have final responsibility for the budgets allocated to them. Links with results of the services
4. Modern management methods should be used. Necessary transparency
5. Need for a flexibility in the management of budgets
6. Management training for prosecutors to be ensured
7. Resources to be adapted to the new challenges related to the globalisation.
8. The situation of economic crisis currently requires additional efforts from prosecutors. Justice needs to be done, even if the situation is difficult
9. Prosecutors must be consulted on the savings to be made
10. Is the management by results the solution?
11. Necessary coordination between the prosecutor and the manager of the prosecution services
12. The accountability principle requires the body whose performance is being evaluated (the Prosecution Service) to be separate from the body evaluating that performance
13. The Prosecution Service should have a clearly defined strategic and operative responsibility for the results of its own operations and sufficient freedom to choose which actions to pursue to achieve the desired results
14. Agreeing on performance objectives should be based on genuine negotiation with room for discussing alternatives
15. A fact-finding mission to investigate management by results practices in other countries is recommended
To be decided: whether an explanatory report setting out various models of competencies with regard to establishing and managing the budgets of prosecution services should be attached to the Opinion.
1 1127th meeting of the Ministers' Deputies (23 November 2011).
2 See the replies of member States to the questionnaire on the CCPE website: www.coe.int/ccpe
3 See in particular….
4 Adopted at the 6th Conference of Prosecutors General of Europe in May 2006.
5 Adopted at the 85th plenary session of the Venice Commission (17-18 December 2010).


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Washington : Government Printing Office
|Chap. 660
|Lower Lake Rancheria, Lake County, Calif. Ante, p. 59.
|Chap. 660
Page 749
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of March 29, 1956 (70 Stat. 58), is amended by striking all of the section following the phrase "for the following-described land, to wit", and inserting: "Beginning at a point on the east line of lot 2, section 34, township 13 north, range 7 west, Mount Diablo base and meridian, that is situated south 48 degrees 17 minutes 30 seconds east, a distance of 849.39 feet from a point that is north 48 degrees 19 minutes 57 seconds west, a distance of 4.276.27 feet from the southeast corner of said section 34 and from said point of beginning, running thence north along the east line of said lot 2 to the center of said section 34; thence east along the line running east and west through the center of said section 34, a distance of 431.9 feet; thence north 18 degrees 12 minutes west, a distance of 464.5 feet; thence west to the west line of said lot 2; thence south along the west line of said lot 2 to the U.S. meander line of Clear Lake; thence southeasterly along said meander line to the east line of said lot 2; thence north along the east line of said lot 2, to the point of beginning, containing 41 acres, more or less."
Approved, July 20, 1956.

subset: commoncrawl


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Children's Law Center collaborates on the 2011 KIDS COUNT annual report
Contact: Peggy Binette 803-777-5400 email@example.com
The Children's Law Center in the university's School of Law is helping to provide a better understanding of how the recession has impacted children in individual states, including South Carolina.
The center serves as staff support and provides research for South Carolina Joint Citizens and Legislative Committee on Children and collaborates with KIDS COUNT South Carolina. Working with Dr. Barron Holmes, project director of KIDS COUNT South Carolina, staff in USC's Children's Law Center compiled and analyzed data for a report for the Children's Trust of South Carolina.
Harry Davis, director of the USC Children's Law Center, said the findings were startling.
"South Carolina continues to rank 45th in national indicators for the well-being of its children," Davis said. "More sobering is that the state ranks second-highest in the nation for families with both parents unemployed (6.6 percent), and that one-half of the children in South Carolina live in some measured degree of poverty. South Carolina ranks 14th among states for children affected by foreclosure."
Davis said that 25 percent of South Carolina children live in "poverty," which for a family of four is an annual income of up to $22,350 that has to cover expenses such as housing, utilities, clothing, transportation, medical care, education and food. Another 25 percent of the state's children live in "low income," which the federal government defines as an annual income at or below $44,700 annually for a family of four.
Working with Davis on the project were Gwynne Goodlett, an attorney and senior policy analyst, and Jenny May, a doctoral candidate and research assistant in the center who did much of the statistical analysis.
The 2011 KIDS COUNT data examined poverty, unemployment and foreclosures, all key indicators closely associated with the recession.
The South Carolina data revealed the following:
• 511,162 children live in some measured degree of poverty.
• 253,000 children live in families in which one or both parents are unemployed.
• 53,000 children were impacted by foreclosure of their home during 2007 – 2009.
This year marks the first time that the USC Children's Law Center has collaborated on the KIDS COUNT annual report.
Goodlett said the work for KIDS COUNT builds on the center's expertise and provides the opportunity to tap the greater resources that exist at USC.
"It is important and an exciting project for us," Goodlett said. "We have called upon faculty and members of the USC Research Consortium on Children and Families (RCCF) who are experts in their respective fields and look forward to working with them to continue to analyze the data we have collected."
KIDS COUNT data have been collected since 2000. The 2011 KIDS COUNT Data Book is accessible online at http://datacenter.kidscount.org.
For more information about the USC Children's Law Center and its role as the State Committee on Children's resource for data, research and policy related to children's welfare and well-being, visit the website http://childlaw.sc.edu
News and Internal Communications


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July 3, 2008
National September 11th Memorial & Museum StoryCorps & MA 9/11 Fund Montage Voiceovers
Dear FOS11 Member,
Please see the announcement below from the MA 9/11 Fund about three memorial projects.
The MA 9/11 Fund is pleased to bring you the convenient opportunity to work locally on three memorial projects in one day. On Monday, August 4th at the Newton History Museum, the MA 9/11 Fund will host the National September 11th Memorial and Museum, StoryCorps, and our own Commemoration consultant, Jonathan Barkan. The centerpiece of this day is a lunchtime presentation by the National September 11th Memorial & Museum, where family members will learn about the efforts underway in New York to honor loved ones lost on 9/11 and to educate the public about the attacks. In addition, family members will also learn more about how to donate personal memorabilia to the Memorial and Museum. Family members can participate in this day by signing up for any and all of the following events:
National September 11th Memorial & Museum Lunchtime Presentation & Discussion 12:00 – 1:00 Representatives from the National September 11 Memorial & Museum including Jan Ramirez, Chief Curator and Director of Collections; Amy Weinstein, Associate Curator and Oral Historian; and Caitlin Zampella, Director of Program Partnership Initiatives will lead an hour-long lunchtime presentation and discussion about the Memorial Museum's progress to date. In addition, they will be available throughout the day to answer any questions you may have and to review any materials you may wish to consider donating to the Memorial Museum. Items being sought at the moment include (but are not limited to) items worn or carried during evacuation and rescue operations, copies of voicemails, text and email messages sent on 9/11, items (including photographs) which may have been returned to you by NYPD, program materials reflecting ceremonies and other projects undertaken by survivors to mark recovery and healing, and materials illustrative of any kindness and compassion extended to you or from you.
StoryCorps – Individual Appointments Available from 10a – 5:00p StoryCorps is a national oral history project with a special focus on September 11th. Family members will be interviewed by trained StoryCorps staff in a soundproof location regarding their memories of their loved one lost. These interviews will be scheduled throughout the day in one hour appointments, starting at 10, with the last one at 4. At the end of each appointment, family members will receive a copy of their recording in a CD, and additional copies will be archived at the National September 11th Memorial and Museum (a StoryCorps partner), as well as the Library of Congress. To learn more about this project, please contact Caitlin Zampella at the National September 11th Memorial & Museum at (212) 312-8788 visit StoryCorps' web site at: http://www.storycorps.net/special-initiatives/september-11th.
MA 9/11 Fund Montage Voiceovers – Individual Appointments Available from 10a – 5:30p MA 9/11 Fund Commemoration consultant Jonathan Barkan will record brief interviews of family members regarding their recollections and their forward growth since September 11th, for use as potential voiceovers of this year's video montage. Interviews will be scheduled throughout the day in 30 minute appointments. To view the video montage as it exists today, please visit the MA 9/11 Fund web site at: www.massfundmedia.org.
Family members who want to sign up for the Memorial & Museum lunchtime presentation, or who want to make an individual appointment with StoryCorps or MA 9/11 Fund's Jonathan Barkan, should contact Diane Nealon at the Fund on or before July 21, 2008. Diane can be reached either by phone at 617-482-8156 or by email at email@example.com. Please note, individual appointments will be scheduled on a first-come, first-served basis, although we will do our best to make this as convenient as possible for all. The Newton History Museum is located at 527 Washington St., Newton, MA, 617-796-1450 (http://www.ci.newton.ma.us/jackson/contact/index.asp).


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Welcome to UWF
The main campus of 1,600 acres of rolling hills and natural woodland along the Escambia River is ten miles north of downtown Pensacola. Its facilities have been designed to complement the natural forest and waterways. In addition, the University of West Florida has waterfront property on Santa Rosa Island that is available for recreational, academic, and research pursuits. The University operates the Emerald Coast Campus which includes the UWF Fort Walton Beach Campus, the Eglin Air Force Base Center, and the Hurlburt Field office. It also manages 22 historic properties in downtown Pensacola.
In 1963 the Florida Legislature authorized funds to establish the University of West Florida. The first president, Dr. Harold B. Crosby, assumed office in July 1964. Ground was broken on April 16, 1965, and the first students began classes in the fall of 1967. Dr. James A. Robinson, the second president, took office in 1974. Dr. Morris L. Marx was inaugurated as UWF?s third president in 1988. Dr. John C. Cavanaugh became the fourth president on July 15, 2002. A 13-member Board of Trustees governs the University.
Currently, UWF enrolls more than 9,800 students in its College of Arts and Sciences, College of Business, and College of Professional Studies, and has conferred more than 57,000 associate, bachelor?s, master?s, specialist, and doctoral degrees.
The UWF Welcome Center provides maps, parking permits, and information about facilities and campus events. Located at the east entrance to the campus, it has a drive-through window for automotive traffic and a lobby for walk-in visitors. Information concerning campus tours may be obtained from the Office of Admissions at (850) 474-2230 or 1-800-263-1074. Information about off-campus locations can be obtained by calling the OWC/UWF Fort Walton Beach Campus at (850) 863-6565 and the Eglin Center at (850) 678-3727.
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description: They can kill forty bees a minute. A small gang can lay waste to an entire bee colony leaving thousands of severed heads and wings in their wake. They're the Hornets from Hell!

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WITHIN NATURE’S INTRICATE WEB OF CHECKS AND BALANCES … THERE IS A PLACE FOR ‘PAY BACK’.
These too are honeybees. they made their hive in a hollow tree.
they too are caring for their young.
but these are native japanese honeybees. and they are not quite as defenseless as their european cousins.
THEY haVE EVOLVED A SECRET WEAPON AGAINST THE GIANT HORNET.
one they may meet often in this deadly season.
this hornet is the advanced guard of an attack force the bees could never withstand.
but this time THE BEES SET A trap. they want the hornet inside. and the hornet obliges.
The SCOUTs main task IS TO MARK THE SPOT WITH A telltale pheromone … SO THAT her sisters CAN FIND IT LATER.
But the native honeybees know her game.
By swinging their abdomens to and fro they signal their strategy to one another.
the bees hold off until the last possible moment. and then, as if of one mind, they swarm.
the hornet is engulfed by hundreds of bees.
but they don’t sting the intruder. instead, as revealed by thermal photography, they all begin to vibrate, gradually raising their collective temperature to 117 degrees Fahrenheit.
Japanese honeybees can tolerate a temperature of 118 degrees.
Their victim's upper limit is 115. The hornet scout is slowly roasted alive.
And the secret of the honeybees' location dies with her.


text:
By Sarah Kliff The Washington Post
For all the political division over the nation's health care law, one provision has managed to put two longtime rivals on the same side.
Big tobacco companies and anti-cancer activists are standing in opposition to a part of the Affordable Care Act that allows insurance companies to charge smokers 50 percent more than patients who do not use tobacco.
Cigarette makers such as Altria say the policy amounts to discrimination against smokers.
The American Cancer Society, meanwhile, worries that the high surcharges could make health insurance unaffordable to cigarette smokers, who are disproportionately low-income.
"We're anti-smoking, not anti-smoker," said David Woodmansee, the cancer society's associate director for state and local campaigns.
Unlike other groups that have failed to get a divided Congress to kill parts of President Obama's signature legislative accomplishment, these unusual partners could have a shot at success: They can take the battle to individual states, which have the authority to bar health insurers from considering tobacco use in setting subscriber premiums.
Health insurance plans have typically set premiums higher for patients who they expect to have higher health costs.
Starting in 2014, the Affordable Care Act will curtail this practice. Health insurance plans are barred from charging women higher premiums than men. They can charge older patients only three times as much as the youngest members. Smokers, meanwhile, could face a 50 percent surcharge on their premiums.
Although low- and middle-income tobacco users will get premium subsidies meant to make health insurance more affordable, that government assistance would not apply to the tobacco surcharge, leaving the smoker to foot the bill.
One analysis, prepared by the nonpartisan Institute for Health Policy Solutions, estimated that the tobacco surcharge could cause a low-income person's annual premiums to jump from $708 to $3,308.
Health insurance companies tend to support the provision, which they argue allows them to adequately charge tobacco users for the additional health-care costs they incur.
"If issuers are not allowed to adjust rates for tobacco use for these individuals, they will have to increase standard rates for all individuals," the Blue Cross Blue Shield Association wrote in comments to the Department of Health and Human Services last month.
The American Cancer Society opposed the tobacco rating provision during the congressional debate about the health-care law. It is now looking at a state-by-state approach to work on rolling back the provision.
Altria, which owns cigarette company Philip Morris, is monitoring the states for similar developments. The group spent more than $10 million on federal lobbying in 2012, according to the Center for Responsive Politics, but has not yet engaged on the issue at the state level.
"It is something that we'll be monitoring as state legislatures come into session," spokesman David Sutton said.


text:
One Direction & Beyonce make list of most charitable stars
Listen to One Direction on iHeartRadio | Listen to Beyonce on iHeartRadio
One Direction has come just shy of topping the annual DoSomething.com list for the year's Most Charitable Stars.
The British boy band are runners-up this year behind country star Taylor Swift, who is receiving the top honor for the second year in a row. The charity site is applauding One Direction for partnering with BBC's Comic Relief to volunteer in Ghana. Later in the year, Harry Styles and Liam Payne teamed up to raise an impressive $800,000 for a U.K.-based cancer research group using the site Prizeo.com.
Coming in behind the boy band on this year's list is Beyonce, who used her starpower to call attention to women's rights with the "Chime For Change" concert.
Other charitable musicians in the Top 20 include rap duo Macklemore & Ryan Lewis, Carrie Underwood, Alicia Keys, Demi Lovato, Miley Cyrus, Blake Shelton and Justin Bieber.
The late Paul Walker came in at number four this year. The actor lost his life in a car crash the same day as hosting a charity event to raise money for typhoon victims in the Philippines.
Photo Credit Getty Images


text:
Submit News
2014 Spark EV Capable of 0-60 MPH Under 8 Seconds
Tiffany Kaiser
November 19, 2012 5:37 PM
Recipient E-mail
Sender E-mail
2014 Chevrolet Spark EV in San Francisco
(Source: automobilemag.com)
The 2014 Spark will also have a SAE combo charger for DC Fast Charging
General Motors (GM) has released some new information about its 2014 Chevrolet
Spark EV
, which it claims will excel in power and range.
According to GM, the 2014 Spark EV will have an oil-cooled magnet motor that is capable of 130 HP, or 100 kW. Coupled with the 400 lb.-ft. of torque, the Spark can reach 0-60 mph in under eight seconds.
"When our team set out to develop the propulsion system for Spark EV, we knew we had to provide surprising fun-to-drive acceleration with maximum efficiency," said Spark EV Chief Engineer Chuck Russell.
"What we think customers will enjoy most is how fun
Spark EV
is to drive; it's seamless and power is available at every stage of the drive. This will help us to provide an exciting option for those customers who are looking for an EV that's as much fun to drive as it is environmentally responsible."
Aside from power, Spark has another attractive feature: it's charging abilities. According to GM, the 2014 Spark will have a SAE combo charger for DC Fast Charging, allowing an 80 percent charge in just 20 minutes. This will certainly allow for more EV range within Spark's lithium ion battery pack, which will be over 20 kWh.
Last year, it was announced that the Spark would use a different battery pack from the Volt after an investigation was launched into the cause of a fire during NHTSA testing. Instead, it was said the Spark would use batteries built by A123 Systems. The A123 batteries are less fire prone as they use
lithium phosphate chemistry
. However, A123 Systems just
recently filed for bankruptcy
GM also made sure to mention that the Spark EV's motor and drive system will both be manufactured in early 2013 in the United States -- which is a first.
General Motors
"You can bet that Sony built a long-term business plan about being successful in Japan and that business plan is crumbling." -- Peter Moore, 24 hours before his Microsoft resignation
Related Articles
Official: A123 Systems Files for Bankruptcy
October 16, 2012, 4:44 PM
GM Buys Lithium Phosphate Batteries for Spark EV
December 9, 2011, 1:37 PM
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October 12, 2011, 12:55 PM
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text:
Joe Nichols celebrating birth of new daughter
Listen to Joe Nichols on iHeartRadio
Joe Nichols has another little girl. '
The country star used Twitter to announce the birth of daughter Georgia Blue, who made her arrival into the world Tuesday morning. He added in his tweet that Georgia tipped the scales at a healthy seven-pounds, four-ounces, and that mom and baby are both "doing great."
Its official! At 8:06am we were blessed with our brand new baby girl, Georgia Nichols. At 7lbs 4oz, her and mom are doing great.
— Joe Nichols (@JoeNichols) May 20, 2014
Nichols' rep is sharing a few more details with "People." The newest member of the Nichols clan has brown hair and brown eyes, measures 19-and-a-half-inches, and was born in Texas.
May 20, 2014
Georgia is the second child for Joe and his wife, Heather. The couple just celebrated daughter Dylan's second birthday last month. Joe also has a 15-year-old daughter, Ashelyn, from a previous relationship.


text:
Matt Shoemaker's arm never really inspired scouts. But his arm might not be his greatest asset when he takes the mound.
Shoemaker attacks. He doesn't waste time. He doesn't pitch around hitters, he pitches down the middle more often than not. And he can do it for more innings than most.
"That's what Shoe does: He's an inning-eater for us," manager Keith Johnson said. "He goes out there, goes deep in the ballgame and gives us an opportunity to win."
Despite a strong start from Shoemaker on Tuesday afternoon, the Bees (12-8) could not seize the opportunity. Tacoma (10-10) earned a series split by getting a pair of runs and holding on for a 2-1 win. Salt Lake's only run came on a homer by Chris Snyder in the second inning, his seventh of the year.
It was disappointing to take the loss, Shoemaker acknowledged, and the 10 hits he surrendered were more than he wanted to give up. But that didn't mean that he hadn't given the Bees enough of a chance: Seven innings with only two runs given up can get a win on most days.
"The goal is to go out and attack the bottom of the zone, get the ball low and get ground balls," he said. "I though I did that pretty well. We had a lot of ground-ball hits, and I'd rather have ground-ball hits than doubles, triples or home runs."
If you look back on the career of the 26-year-old right-hander with a lumberjack's beard, he's had a lot of success with that approach. His attacking mentality limits his pitch counts while allowing him to cover a lot of innings. Last season, he led the Pacific Coast League with 176.2 innings pitched while throwing a team-high 123 strikeouts.
For an undrafted prospect out of Eastern Michigan, he's come a long way. Six years ago, he couldn't get a sniff. Now he's a reliable starter at one of the highest levels of pro ball.
Back then, Shoemaker had bones to pick with all of those people who didn't give him much of a chance. Nowadays, just like his pitching style, he tries to keep moving forward.
"I thought I was underrated back then, but it's part of the game," he said. "I got a chance with the Angels, so I've just tried to run with it."
Tuesday offered examples of what makes him so valuable: He fought through struggles in the third and fourth innings, giving up seven hits but only two runs. Then he pitched three more innings after that, going three up and three down until bowing out after the seventh.
More than two-thirds of his pitches were strikes. He left six baserunners stranded, and he walked only one batter.
Even in a loss, you can't ask for much more than that.
"He gives you consistency," Johnson said. "I don't know how many years he's been at the top of his league or at the top of minor league baseball in innings pitched. That says something as far as his stuff and his ability to get guys out. That's the biggest thing with Shoe: He gets out there and he competes."
Twitter: @kylegoon
Rainiers 2, Bees 1
O Chris Snyder's second-inning homer accounts for the Bees' only run.
• Salt Lake starter Matt Shoemaker falls to 1-3 despite a quality start.
• The Rainiers outhit the Bees 11-8.


text:
WATCH: Taylor Swift beatbox collab with LL Cool J at Grammy nom concert
Listen to Taylor Swift on iHeartRadio | Listen to LL Cool J on iHeartRadio
(Yahoo!) - Okay, okay. So we know that Taylor Swift is not exactly the most proficient beatboxer out there--as evidenced in February of this year with 2012 Grammy host LL Cool J, in which he nearly fell down laughing at her attempts to scratch and click.
Swift is older and wiser--and has yet more awards under her belt-- 10 months later, but no matter how accomplished, she still can't beatbox her way out of a...box. Like, ever.
Proof? The opening scene at the 2013 Grammys Nominees Concert. Watch for yourselves and judge whether Swift has grown in the craft. "This is going to be terrible," she said to LL, "I'm only doing this for you." To be fair, rap legend LL Cool J. doesn't exactly shine in his role as pop star singing Swift's hit "Mean," either. "I can't sing, so we're even," he admitted to Swift. All in good fun, right?
READ MORE: Yahoo!
Photo Credit Getty Images


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A judge has dismissed all damages claims in a lawsuit by San Bernardino County against Upland and two transportation agencies in which the county sought reimbursement for a portion of a legal settlement the judge maintains was corrupt, it was announced Wednesday.
After calling the county's landmark $102 million settlement with Rancho Cucamonga investor group Colonies Partners LP "unconscionable, unlawful and sordid" and "the worst of the worst" at a motions hearing last week, San Diego Superior Court Judge Ronald S. Prager on Tuesday affirmed his tentative ruling: that the county was not entitled to be reimbursed by the defendants for a portion of the settlement.
The case was heard in San Diego County to avoid a potential conflict of interest.
"Their damages claims have been gutted," said Ken MacVey, attorney for San Bernardino Associated Governments, or SanBAG, the county's transportation planning agency and one of the defendants in the suit along with Caltrans.
The county argued that its lawsuit, filed in November 2004, was to compel the defendants to reimburse the county for damages the defendants were liable for, the design and construction of an Upland storm drain, built near the Colonies' 434-acre property during the 210 Freeway extension project. The storm drain diverted floodwater onto Colonies' property and damaged it, thwarting development of a housing tract and retail center.
Colonies' co-managing partner Jeff Burum sued the county in March 2002 after the county denied his request to pay for flood-control improvements on the property, propelling a nearly 5-year legal battle that ended on Nov. 28, 2006, when county Supervisors Bill Postmus, Paul Biane and Gary Ovitt approved the $102 million settlement.
Neither the county's outside counsel nor its in-house legal counsel ratified the settlement.
But the county's lawsuit against Upland, Caltrans and SanBAG came two years before the controversial settlement, and the county maintains those liabilities will continue to exist even if the settlement is rendered void.
The Board of Supervisors spent a combined total of eight hours in closed session on Wednesday and Monday to discuss Prager's decision and how to respond to it, but reached no decision as of Wednesday The supervisors will reconvene in closed session at 2 p.m. Tuesday, board Chairwoman Janice Rutherford said.
"We'll see if we can reach some reportable action at that point," Rutherford said.
The Colonies settlement is now the focus of a broad criminal case involving the state Attorney General's and the District Attorney's offices.
Burum, along with Biane, former Assistant Assessor Jim Erwin and Mark Kirk, Ovitt's former chief of staff, were charged in April 2011 in a criminal conspiracy and bribery case.
All four defendants deny any wrongdoing.
Prosecutors allege the defendants conspired to steer the settlement in Colonies' favor in exchange for a total of $400,000 in bribes.
Postmus, under a plea bargain with prosecutors, pleaded guilty in March 2011 to 15 felony charges in connection with the Colonies case and a companion corruption case involving the Assessor's Office, which he formerly headed. He admitted to taking a $100,000 bribe from Burum in exchange for his vote approving the Colonies settlement.
Defense attorneys maintain that the settlement was not only fair, but potentially saved the county hundreds of millions of dollars more had it continued fighting the developer in court and lost. Two trial court judges had issued tentative decisions in favor of Colonies Partners before the settlement.
Furthermore, Burum's $400,000 in contributions to political action committees tied to the supervisors who approved the settlement were completely transparent and legal - merely a gesture of good faith to rebuild bridges fractured by the prolonged and heated legal battle, defense attorneys maintain.
MacVey argued that Postmus' conviction voided the county's claims. Judge Prager agreed.
"Here, SanBAG presented evidence indicating that Postmus had a financial interest in the $102 million settlement. More specifically, Postmus' guilty plea, grand jury testimony and plaintiff's admissions establish said financial interest," Prager wrote in his 5-page decision.
Deputy state Attorney General Melissa Mandel, the lead prosecutor in the criminal case, declined to comment Wednesday on the impact Prager's decision could have on the criminal case. She said she had not yet seen Prager's decision and therefore felt it inappropriate to comment.
Deputy District Attorney John Goritz, who is prosecuting the case with Mandel, could not be reached for comment Wednesday.
The criminal case remains suspended pending a state Supreme Court decision on whether or not it will review a request by prosecutors to reinstate bribery and other charges against Burum and the other defendants, which were dismissed by a trial court Judge.
Prager let stand a claim by the county alleging that the defendants designed and built the 20th Street storm drain in Upland that is blamed for the flooding to Colonies' property. MacVey said the county and defendants will argue the merits of the remaining claim at trial.
The county has spent roughly $26 million in the last nine years on the case, county spokesman David Wert said.
MacVey said SanBAG has spent roughly $9 million defending itself in the lawsuit.
He doesn't believe the county's remaining claim will hold water, either because the claim didn't even surface until years into the litigation.
"They waited years and years to raise this claim, so we don't think there's any merit to the claim," he said.


text: OverviewBack to top Larabar - JamFrakas Chocolate Chip Cosmocrisp Bar - 1 oz. Item# :81595UPC# :021908509044 Brand:Larabar Size/Form:1 oz. Larabar JamFrakas Crispy Chewy Food Bar For Kids Chocolate Chip CosmocrispLarabar JamFrakas Chewy Food Bar For Kids Chocolate Chip Cosmocrisp has 8 vitamins and minerals.What is unique about JamFrakas?The Jam is the chewy-gooey-goodness of fruits, nuts and honey. The Frakas is the fun of whole-grain crispy rice, which creates a delicious crispaliciousness in every bite. All together JamFrakas™ is organic magic- a playful mouthful of kid-friendly food as yummy to eat as it is healthy.Now, if we could get parents to share!What are the quality standards for JamFrakas products?USDA Organic.Simple, whole food ingredients such a fruits, nuts and whole grains.Gluten, Dairy and Soy Free.Contains no high fructose corn syrup.Has no trans fats- contains only healthy fats made from nuts.Has between 9-11 naturally occurring vitamins and minerals per bar.Low in SodiumCholesterol FreeContains Non- GMO ingredientsCertified KosherIs JamFrakas Organic?Yes, JamFrakas is USDA certified organic by Quality Assurance International.Where does the cocoa in JamFrakas come from?We source our cocoa from farmers and communities that support sustainability and Fair Trade, which ensures workers are treated with dignity and protects against forced labor and child labor abuses. All our cocoa is Fair Trade Certified by TransFair USA™.Are there nuts in JamFrakas bars?Yes, we use tree nuts such as almonds and cashews in all of the JamFrakas flavors. The JamFrakas PEANUT BUTTER BLISSCRISP contains both tree nuts and peanuts.Do JamFrakas products contain peanuts?We currently make two products that contain peanuts: LÄRABAR Peanut Butter Cookie and JAMFRAKAS Peanut Butter Blisscrisp. We take the peanut allergen issue very seriously and have made certain that all LÄRABAR products containing peanuts are made in a dedicated manufacturing facility. This means that the products containing peanuts do not come into contact with our other LÄRABAR products/ flavors thus there in no possibility of cross contamination in the manufacturing process. While we manufacture our peanut flavors in a dedicated manufacturing facility we cannot guarantee that any our ingredients have not come in contact with peanuts prior to reaching our manufacturing facility.Is this product just for kids?When we made the JamFrakas bars we fell in love with the taste of them. Because they are made with simple and whole ingredients they are good for kids of all ages.


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SEAL BEACH - As work continues on the San Diego (405) Freeway widening project, Caltrans is wrapping up a study on potential traffic impacts with two additional toll lanes now on the drawing board.
The toll lane portion of the project has involved two skirmishes: six West Orange County cities along the route of the widening of the San Diego (405) Freeway are worried about traffic and use of the lanes, and a family near the site has complained of noise during construction.
In the first dispute, Seal Beach officials worry about aggravated gridlock on the freeway, predicting drivers will not use the toll lanes.
Also, the toll lanes will not continue into the Long Beach/Los Angeles County area, creating a bottleneck, and it will require pushing back a soundwall in Seal Beach's College Park East neighborhood, causing a negative impact on home values, according to former Councilwoman Patty Campbell.
"There's going to be a horrendous mess there," she added Friday.
Officials throughout those areas are keeping a close tab on the project, and awaiting the study's release in late May or June.
There will be a 45-day comment period following the study's release, then the Caltrans officials will decide whether to move ahead with plans for two toll lanes, according to Caltrans spokeswoman Cindy Azima.
Last year, on May 18, the Orange County Transportation Authority released an environmental impact report to widen the 405 with four alternatives - one suggesting the addition of toll lanes between the San Gabriel (605) and Costa Mesa (73) freeways.
Six cities - Seal Beach, Los Alamitos, Westminster, Costa Mesa, Fountain Valley and Huntington Beach - joined into the Corridor Cities Coalition to fight the toll lanes plan and helped convince the OCTA directors to reject the plan.
Seal Beach's share in the advocacy effort - and coalition membership fee - cost $60,000. It will receive consultant services, including technical written comments, to respond to Caltrans' re-released environmental study, according to a staff report by Assistant City Manager Sean Crumby.
Meanwhile, one Seal Beach household is complaining that noise from the project is disrupting their peace
"We just want the noise to stop so we can sleep," said Danielle DeVries, adding that noise and vibrations penetrate the home on College Park Drive.
The DeVries - Danielle and her husband, Dave - also complained that the project is violating the city's noise ordinance.
However, Caltrans is not bound by that local ordinance, according to Azima.
Caltrans, she explained, is working on state right-of-way property within contract provisions for nighttime work.
Caltrans construction has gone beyond contract provisions by taking measures to reduce the noise during construction, including upgrading back-up alarms on trucks so sound is lowered more quickly; placing sleeves on mufflers; padding trash bins with dirt to reduce impact of large objects dumped into the bins; modifying work schedules and activities as feasible; directing workers that there should be no loud or inappropriate language at night; and running equipment as far away from residents as possible, according to Azima.
Caltrans is also working with the DeVries to address their concerns and offering hotel accommodations to the affected residents.
Only the DeVries household has complained of the noise, Azima said, adding that restricting work only to daytime hours would create project delays and increase costs, compromise safety of motorists and crews, and impact response times for emergency responders
email@example.com, 562-714-2167, twitter.com/JoeSeguraPT


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Learnist is an awesome, user-curated portal of knowledge!
When I arrived at the site, I immediately got lost in checking out all the featured articles. I recommend you do too! Because the best way to explore this site is to dive right into the things that interest you.
On the main page you'll find a rotating featured section in the dark grey area of the homepage. Below that in the white area of the page you'll find featured articles divided up by section. For example: News, Science, Products, Reading, Music, Lifestyle, Mathematics, and more!
You can do more in depth navigation from the navigation strip at the top of the page with the categories: Featured, New, Popular, Art & Design, Technology, Health & Fitness, Education, Science, Food & Drinks, Business, and even more categories can be found in the More drop-down.
The site lets users organizes text, images, video, and audio into curated galleries of educational awesomeness! If you want to curate, you'll need to sign up. Do this by clicking the Sign Up link at the top of the page. It will open little window where you'll select to register either via F-connect with Facebook or via your e-mail address. I chose F-connect. Once you're registered, log in, and then you'll be presented with another little window that asks you to select some interests. Do that and then check out the page that loaded beneath it which teaches you how to use Learnist on the web.
I highly recommend you take the tour that Learnist provides. It shows you everything you need to know to use the site to your best advantage. There are twelve different topics in the tutorial and as you learn them you complete a learning! They will teach you how to tag things, how to create your own learning, how to share information across the web by using it over social media or your blog, and so much more.
This site is an amazing way to access curated knowledge from all across the web! What will you learn today?
http://learni.st/category/featured [1]


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Printable View
I was out yesterday morning second one in the water at this particular spot that can get damn Kooky in the summer. Uncrowded, not great, but this lady, paddles right out to me. I mean there is a whole wide open beach of beach break, and not good at that. She was nice enough and chatty. Actually she was very nice, I'd say mid-40s, and just relearning how to surf. So I was trying to give her advice and called her into a wave and paddled for it. The wave overtook her and she pearled, board in the air. She came up and lost the sun glasses she was wearing. I think she said they were $400 glasses, titanium frame... I kind of felt bad for calling her into a wave, then I remembered, no one should wear $400 in the line up. Summer is here, I guess we have to deal.
She came up and lost the sun glasses she was wearing. I think she said they were $400 glasses, titanium frame... I kind of felt bad for calling her into a wave, then I remembered, no one should wear $400 in the line up. Summer is here, I guess we have to deal.[/QUOTE]
Wow,Thats really not that bright.
I got in everyday by 6:30 or so. Wasn't too bad - saw a lot of people I havent seen since September - good guys - just not year round surfers. After 10:00 when the lifeguards came on they really didnt inforce the boundries of the surfing beaches which was good and it spread everyone out a bit. I guess because there wasnt a ton of swimmers in. The best was these punk a$$ agro kids who I never saw before with all new high end stuff try to rip into some local kids over something probally stupid. When it got to the beach the locals wanted to finish it but the parents of the a-holes dialed 911 on their cell phones got their kids and left. They were driving a MB SUV that was parked in a handicap spot and it sure didn't look like any of them had any type of disability (probally the tag was for a grand parent or something who wasnt even with them).
Not exactly surfing a top spot this time of year, but this morning was nice. The entire length of the beach all to myself from 8 till about 9:30, then me and a friend trading off waves. The only downside about the beach is there are no jetties so you kinda have to wait for the right set to come in. That said, there was some fun ones rolling in every now and again and just not one on the water till the tide dropped out. I'll take a little a little smaller with less hassle any day of the week.
Just today this guy was paddling for every wave within a 200 yard stretch. I paddle maybe 20-30 yards away to be by myself, and the SUPer sees a wave coming in my direction, and he paddles for it from where ever he's at, then afterwards acts like it's all good.
Take the time to learn the rules. I was even nice enough to pretend I never noticed the 10 times or so that he fell off his board.
i didnt even bother paddling out this weekend... just too many people. i actually checked the surf cams to see if it was even worth laying out on the beach. short answer: hell nah. i could barely see sand
three more months....
this weekend though
dont know what everyones complaining about with so many babes around.. and knee thigh waves arent worth getting upset over. sizable swell keeps beginners out of the water


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On View
James Earl
Portrait of Captain Samuel Packard
James Earl
American, 1761-1796
Portrait of Captain Samuel Packard, ca. 1794
Oil on canvas
88.9 x 74.3 cm (35 x 29 1/4 inches)
Bequest of Miss Louise B. Bowen 21.485
Although born in Massachusetts, James Earl developed his sophisticated portrait style during ten years of study in London. When he returned in 1794, he disembarked at Charleston, South Carolina, a prosperous city in which his skill was rewarded with commissions. He also painted several New Englanders during his short American career, including Captain and Mrs. Samuel Packard of Providence. Packard's (ca. 1761-1820) success as a ship's captain, merchant, and shipowner is indicated by the sailing vessel in his portrait's background and the spyglass in his hand. He married Abigail Congdon (ca. 1761-1854), a descendant of one of Rhode Island's earliest English settlers and the owner of considerable property in North Kingstown (see her pendant portrait: 1993.049) . Their wealth and refined taste is apparent in their stylish coiffures, in Packard's embroidered silk waistcoat, and in the copious lace trim on his wife's bonnet and dress.


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KISS' Gene Simmons to appear on 'CSI'
Gene Simmons is headed to the small screen.
"The Hollywood Reporter" says the KISS frontman is on board to appear as himself in an upcoming episode of "CSI."
The show's executive producers Don McGill and Carol Mendelsohn say in a joint statement that they're "really excited" about having the rocker take part in a episode. They add that the plotline will revolve around "a rock and roll themed murder mystery."
Simmons' episode of "CSI" is tentatively scheduled for March 12th. "CSI: Crime Scene Investigation" airs on CBS Wednesday nights at 10:00 p.m. Eastern.
Photo Credit Getty Images


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In the News
Original journalism from the Center's OpenSecrets Blog
Congressional Candidates Regularly Stray Far From Home in Search for Campaign Cash
September 29, 2010 | In a congressional election cycle marked by continued economic strife and high unemployment, out-of-state campaign contributions are padding war chests for both incumbents and challengers across the country, according to a Center for Responsive Politics analysis of campaign finance filings.
Barack Obama Nominates Politically Connected Ambassadors for Hungary, New Zealand
October 15, 2009 | Politically connected ambassadors will soon represent the United States in Hungary and New Zealand. President Barack Obama has nominated philanthropist and real estate developer Eleni Tsakopoulos-Kounalakis to be ambassador to Hungary, while he nominated lawyer David Huebner to serve as the nation's top diplomat in New Zealand and Samoa. The Center for Responsive Politics has found that both Tsakopoulos-Kounalakis and Huebner have been active donors to federal politicians over the past 20 years.
Blagojevich Fundraiser Added to Obama, Biden, Jackson War Chests
January 26, 2009 | Although it's unclear to what extent businessman Raghuveer Nayak was involved in Illinois Gov. Rod Blagojevich's alleged scheme to sell President Obama's Senate seat, what is clear is Nayak's commitment to funding the campaigns of the governor, the new president, the new vice president and others in Congress and the administration.
Feel free to distribute or cite this material, but please credit the Center for Responsive Politics. For permission to reprint for commercial uses, such as textbooks, contact the Center.


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BREVARD, N.C.- The Brevard College men's basketball team will travel to Greeneville, Tennessee on Tuesday night in search of their first win of the season against the Tusuclum College Pioneers. Tipoff from Pioneer Arena is set for 8 p.m.
The Tornados (0-3, 0-2 SAC) are coming off a 94-71 loss to Newberry on Saturday afternoon in Boshamer Gymnasium. The Pioneers (1-5, 0-2 SAC) are in search of their first conference win after losses to Carson-Newman and Wingate to open conference play.
Tusculum was picked 9th in the SAC Preseason Coaches' Poll after finishing 8th last season with a 4-14 record in league play.
The Pioneers do much of their scoring from the perimeter, and currently lead the SAC in three pointers made and attempted.
TC's Addison Flynn is 7th in the conference in scoring, averaging 19.7 points per game this season. Not far behind are Darius Carter (14.0 ppg) and Jalen Walker (13.5 ppg).
Matt Shown (6'6") and Neal Spinks (6'7") log most of the minutes in TC's frontcourt, and are combining for 15 points and 11.6 rebounds on the year.
Also down low for the Pioneers is Keith Jumper, last season's SAC Freshman of the Year. The 6-foot-7 forward is averaging 5.8 points and 2.8 rebounds this season.
Brevard has shown a balanced scoring attack in the early going, with four players averaging at least 10 points per game. Darius Moose is pacing the Tornados with 18.3 points per game, and is currently tied for 5th in the league in rebounds (8.0 rebounds per game).
Also scoring in double figures for the Tornados are Dominique Pickett (15.3 ppg), Manzey Miller (12.3 ppg) and Miles Leathers (10.3 ppg).
Alex Moe, who missed BC's season opener against Lees-McRae with a shoulder injury, is averaging 6.5 points and 7 rebounds through his first two games.
The Tornados are shooting a keen 43.2 percent in 74 attempts from beyond the arc this season, ranking second in the conference behind Wingate (46.3).
The Tornados earned a split in the season series last year with an 85-76 win in the season finale in Boshamer Gymnasium on March 2nd after the Pioneers edged BC 66-64 in Greenville on February 2nd. Tusculum leads the series 7-3 since Brevard joined the SAC as full members for the 2008-2009 season.


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And We cut them up on the earth into parties, (some) of them being righteous and (others) of them falling short of that, and We tried them with blessings and misfortunes that they might turn. (Surat al-A'raf, 168)
This fact revealed by Allah in the Qur'an has applied ever since the time of the Prophet Adam (pbuh). In other words, there are believers and unbelievers in every society. Those who have faith and abide by Allah's commandments and prohibitions, living the life that He reveals in the Qur'an and seeking to gain His approval, demonstrate fortitude when necessary in the face of all difficulties out of a hope for paradise. They never abandon their desire to earn Allah's approval, even if slandered, imprisoned, exiled or martyred.
In addition to this community of believers there is another group who do not obey Allah's commandments as revealed in the Qur'an, who prefer to live for their own desires and passions, who take satan as their friends and engage in activities they imagine will be harmful to Muslims, during the course of which they have no hesitations over committing actions that are total violations of the Qur'an, such as slandering, lying about and attacking other people. This group is made up of idolaters, unbelievers and hypocrites, who will occupy the very lowest level of hell. In referring to this community that does not adopt His religion, that does not protect or talk about it but rather seeks to conceal, eradicate and damage it, Allah uses words that emphasize their base characters. Allah reveals this in verse 9 of Surat al-Tawba;
... but that Allah will cover with shame those who reject Him. (Surat at-Tawba, 2)
Allah describes the unbelievers, idolaters and hypocrites He has created for hell thus in verses: 'Such people are like cattle. No, they are even worse:
We created many of the jinn and mankind for hell. They have hearts they do not understand with. They have eyes they do not see with. They have ears they do not hear with. Such people are like cattle. No, they are even worse! They are the unaware. (Surat al-A'raf, 179)
UNBELIEVERSdo not abide by Allah's commandments and prohibitions. IDOLATERS may be people who worship stone idols or, in our day, those who regard money and other worldly concerns as equal to Allah. Or else they claim to be devout but actually invent various rules and provisions in Allah's name that are actually nowhere in the faith and seek to alter the faith in line with their own desires and interests and to turn it away from its original essence. HYPOCRITES, on the other hand, are a satanic community who cunningly seek to give the impression they are genuine while trying to spread strife and corruption among Muslims and generally harm them. Allah reveals in this verse of the Qur'an that disgrace will be their reward in this world and in the hereafter:
... Do you, then, believe in one part of the Book and reject the other? What repayment will there be for any of you who do that except disgrace in this world? And on the Day of Resurrection, they will be returned to the harshest of punishments. Allah is not unaware of what you do. ( Surat al-Baqara, 85 )
Allah belittles unbelievers, idolaters hand hypocrites in several verses of the Qur'an, implying such expressions as "APES, PANICKED DONKEYS, PLANKS OF WOOD AND PIGS." Other verses contain expressions such as "ALLAH FIGHT THEM," "THEY ARE LIKE CATTLE, OR EVEN WORSE," "DESPICABLE" AND "THE ENEMY." These verses read:
And We divided them into nations in the earth. Some of them are righteous and some are other than that. We tried them with good and evil so that hopefully they would return. ( Surat Al-A'raf, 168 )
We created many of the jinn and mankind for Hell. They have hearts they do not understand with. They have eyes they do not see with. They have ears they do not hear with. Such people are like cattle. No, they are even worse! They are the unaware. (Surat al-A'raf, 179)
That is because they have had iman and then returned to disbelief. So their hearts have been sealed up and they cannot understand.
When you see them, their outward form appeals to you, and if they speak you listen to what they say.But they are like propped-up planks of wood. They imagine every cry to be against them.They are the enemy, so beware of them. Allah fight them! How they are perverted! (Surat al-Munafiqun, 3-4)
When they were insolent about what they had been forbidden to do, We said to them, 'Be apes, despised, cast out!'. (Surat al-A'raf, 166)
Say: 'Shall I tell you of a reward with Allah far worse than that: that of those whom Allah has cursed and with whom He is angry–turning some of them into monkeys and into pigs–and who worshipped false gods? Such people are in a worse situation and further from the right way.' (Surat al-Maida, 60)
The intercession of the interceders will not help them. What is the matter with them that they run from the Reminder like panicked donkeys. (Surat al-Muddaththir, 48- 50 )
Who would deliberately renounce the religion of Abraham except someone who reveals himself to be a fool? We chose him in this world and in the hereafter he will be one of the righteous. (Surat al-Baqara, 130)
... Do you, then, believe in one part of the Book and reject the other? What repayment will there be for any of you who do that except disgrace in this world? And on the Day of Resurrection, they will be returned to the harshest of punishments. Allah is not unaware of what you do. (Surat al-Baqara, 85)
But do not obey any vile swearer of oaths, any backbiter, slandermonger, impeder of good, evil aggressor, gross, coarse and furthermore, despicable, simply because he possesses wealth and sons. (Surat al-Qalam, 10-14)
... Those Allah humiliates will have no one to honor them. Allah does whatever He wills. (Surat al-Hajj, 18)
... but that Allah will cover with shame those who reject Him. (Surat at-Tawba, 2)
'It may well be that your Lord will have mercy on you. But if you revert to what you did, We also will revert. We have made hell a prison for the disbelievers.' (Surat al-Isra':8)
'Be moderate in your tread and lower your voice. The most hateful of voices is the donkey's bray.' (Surah Luqman, 19)
You are well aware of those of you who broke the Sabbath. We said to them, 'Be apes, despised, cast out.' (Surat al-Baqara, 65)
Allah subjected them to it for seven whole nights and eight whole days without a break. You could see the people flattened in their homes just like the hollow stumps of uprooted palms. (Surat al-Haqqa, 7)
We unleashed a howling wind against them on a day of unremitting horror. Plucking out men as if they were roots of palm-trees torn up (from the ground). Yea, how (terrible) was My Penalty and My Warning! (Surat al-Qamar, 19- 21)
The attitude that Muslims should adopt toward people who have no understanding of displays of love, affection and respect and whose aim is to work against Allah, the Qur'an and Muslims, is revealed as follows in the Qur'an:
Fight them! Allah will punish them at your hands, and disgrace them and help you against them, and heal the hearts of those who believe. (Surat at-Tawba, 14)
Allah reveals that He will punish and disgrace this cruel group spiritually, using Muslims as His instrument, and tells Muslims of the spiritual victory and felicity they will thus achieve. Therefore, Mr. Adnan Oktar, who loves Allah most passionately, lives for love of Allah, treats Muslims with affection and compassion and strives to unite all mankind in a spirit of brotherhood speaks with and lives by this language commanded by Allah in the Qur'an. In other words, Mr. Oktar employs a way of speaking commanded by Allah in the Qur'an, for the purpose of criticizing the false logic of unbelievers, polytheists and hypocrites, the enemies of Allah, His prophet and the faith.