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No. 88,4841
In the Interest of
B.H. and N.H.
1. K.S.A. 38-1561 and K.S.A. 38-1581(c) of the Kansas Code for Care of Children are construed and applied.
2. Whether language in a statute is mandatory or directory is determined on a case-by-case basis, and the criteria is whether compliance with the language is essential to preserve the rights of the parties.
3. The time frames proscribed by the statutes in K.S.A. 38-1501 et seq., the Kansas Code for Care of Children, are to see that a severance case is expeditiously resolved and to protect parties from unreasonable delay. But a rigid interpretation of the statutes would do little to further the end that each child shall receive the care, custody, guidance, control, and discipline, preferably in the child's own home, as will best serve the child's welfare and the best interests of the State.
4. Although time limitations for a child in need of care case are stated in K.S.A. 38-1561 and K.S.A. 38-1581(c), they must be read in concert with K.S.A. 38-1501, which instructs that the Kansas Code for Care of Children shall be liberally construed.
5. The language regarding time limitations for dispositions of a child in need of care case stated in K.S.A. 38-1561 and K.S.A. 38-1581(c) is directory, not mandatory.
Appeal from Ellis District Court; THOMAS L. TOEPFER, judge. Opinion filed April 25, 2003. Affirmed.
Kip Johnson, of Saindon & Johnson, P.A., of Ellis, for the appellant natural father.
Thomas J. Drees, county attorney, for the appellee.
Before KNUDSON, P.J., BRAZIL, S.J., and BUCHELE, S.J.
BUCHELE, J: The natural father of N.H. and B.H. (children) appeals the termination of his parental rights. He claims that the delay in reaching trial of this case violated his due process right; the trial court erroneously admitted evidence of an alcohol counselor and individual therapist; and there was a lack of substantial evidence to support unfitness or that he was likely to change in the foreseeable future. We disagree and affirm.
On May 20, 1999, the State filed a child in need of care (CINC) petition as to the children. The petition alleged, among other things, that the father had approached Social and Rehabilitation Services (SRS) asking for assistance because the family was without housing, food, gas, and electricity. Records revealed the children had been in SRS custody in June 1998, and had been removed from the home on previous occasions for medical neglect, allegations of sexual abuse, and allegations of physical neglect.
On May 25, 1999, a temporary custody hearing was held and the district court found probable cause to believe the children were in need of care. SRS was given custody pending further hearings. The father stipulated the children were in need of care at an adjudication hearing. The court adopted nine conditions which the father had to meet to establish reintegration. A dispositional hearing was scheduled for October 27, 1999.
At the October dispositional hearing, the parties requested a continuance because the father had not completed the court-ordered evaluation and the children were being reintegrated into the residence of the father and his sister, T.W., who was living with him and helping to care for the children. The hearing was rescheduled for December 20, 1999. The children had been returned to their father's care on October 27, but were removed again on November 23, 1999, after a violent dispute between the father and T.W. On January 27, 2000, the district court transferred the case from Trego County to Ellis County based on the father's motion.
On March 31, 2000, a dispositional hearing was scheduled but, after two different recording devices malfunctioned, the father objected to continuing the hearing without a recording. After several continuances, a dispositional hearing was held on August 16, 2000. The father objected to the proposed journal entry of the August 16 hearing, and the district court scheduled October 13, 2000, for a hearing on the father's objection. The court concurred with the father that the new circumstances of his recent marriage should be considered before severance could occur. The parties agreed that a new home study could not be completed by November 2, thus, the November 2 hearing would be used as a review hearing to examine the new home study. The court noted any delay would be in the father's favor because it would give him a chance to develop his case for having the children returned to him. The State noted it could not file a motion to sever until it had all the information about the new family.
On November 2, 2000, a review hearing was held and a severance hearing was scheduled for January 24, 2001. The January 24, 2001, severance hearing was continued by consent of the parties to July 23, 2001, because more time was needed to review the new home study.
On June 5, 2001, the father filed a motion to dismiss arguing that the children were adjudicated children in need of care on September 18, 1999; the State had set the matter for severance several times, but no such motion had ever been filed; he had substantially complied with all aspects of the reintegration plan; and the State had not used reasonable efforts to reintegrate the children.
On July 3, 2001, the State filed its request for severance of parental rights, stating it was relying on a presumption of unfitness pursuant to K.S.A. 38-1585(a)(5) and 38-1585(a)(6).
On July 23, 2001, the matter came on for severance hearing. The father argued the case should be dismissed because the matter had been set for severance four times, but the State had never filed the severance petition until recently; the State had not used reasonable efforts during the past 2 years to effectuate a reintegration program; disposition was held a year after adjudication; and reintegration was never attempted after the children were removed in November 1999. The court took the father's motion under advisement and found jurisdiction as to severance was lacking until service was made on the maternal grandfather. Thus, the severance hearing was continued to October 16, 2001.
Finally, a severance hearing was held on October 16 and 17, 2001. The father renewed his motion to dismiss because the case had not proceeded in a timely manner. The district court never specifically overruled the motion to dismiss, but by proceeding, it essentially denied the motion to dismiss.
The resolution of this issue involves a determination of whether the procedural language of K.S.A. 38-1561 and K.S.A. 38-1581(c) is mandatory or directory. "This court's standard of review is unlimited as the interpretation of a statute is a question of law. [Citation omitted.]" State v. Residential Unit & Real Estate, 26 Kan. App. 2d 260, 261, 983 P.2d 865, rev. denied 268 Kan. 893 (1999).
The father contends the language of K.S.A. 38-1561 and K.S.A. 38-1581 is mandatory and failure to follow the mandates of the statutes violated his due process rights. K.S.A. 38-1561 provides: "The order of disposition may be entered at the time of the adjudication, but shall be entered within 30 days following adjudication, unless delayed for good cause shown." Pursuant to K.S.A. 38-1581(c):
"The county or district attorney or the county or district attorney's designee shall file pleadings alleging a parent is unfit and requesting termination of parental rights or the establishment of a permanent guardianship within 30 days after the court has determined reintegration is not a viable alternative unless the court has found a compelling reason why adoption or permanent guardianship may not be in the best interest of the child. The court shall set a hearing on such pleadings and matters within 90 days of the filing of such pleadings."
The father asserts he was denied his rights to parent his children from November 1999, when the children were removed from his house for a second time, until disposition, held on August 16, 2000, some 9 months after the removal of the children and 15 months after adjudication. He alleges he was denied his rights to parent his children until severance, which did not occur until October 2001, over 2 years after the removal of the children from his home. Further, the father argues he was denied due process by the State's continuous failure to file its motion to sever. He contends the continuance of the severance hearings were not in his best interest because the State's failure to continue reintegration in good faith after adoption became the case plan goal, coupled with the State's failure to timely file the motion to sever, gave the impression he was not making efforts to reintegrate the children and had the effect of substantially denying him due process of law.
In the case of In re J.L.D.,14 Kan. App. 2d 487, 490, 794 P.2d 319 (1990), the court stated:
"When the State seeks to terminate the relationship between a parent and child, it must do so by fundamentally fair procedures that meet the requisites of due process. Santosky v. Kramer, 455 U.S. 745, 752-54, 71 L. Ed. 2d 599, 102 S. Ct. 1388 (1982). Thus, the question is in each case, including the case before us, what process is due. Due process is not a static concept; rather, its requirements vary to assure the basic fairness of each particular action according to its circumstances."
Our review of the record does not show that the father's due process rights were violated in this case. Many of the delays were either requested, agreed to, or caused by the father and some were made by the court to give the father more time to comply with the goals of integration. Also, we do not recognize how the father was prejudiced by the fact the State did not file its motion to sever until July 3, 2001, given the termination hearing was not held until October 16, 2001. The father was represented by counsel throughout the pendency of the case and had sufficient timely notice of the factors the State was relying on in requesting termination. Moreover, the father requested some of the delay in filing the severance motion when he remarried and the State was required to do an entire new home study and consider all the new circumstances.
The language regarding time limitations for dispositions of a child in need of care case stated in K.S.A. 38-1561 and K.S.A. 38-1581(c) is directory, not mandatory. The criteria for determining whether a statute should be deemed mandatory or directory was stated in Lyon-Coffey Electric Coop, Inc. v. Kansas Corporation Comm'n, 29 Kan. App. 2d 652, 660-61, 31 P.3d 962, rev. denied 272 Kan. 418 (2001):
"Whether language in a statute is mandatory or directory is determined on a case-by-case basis, and the criteria is whether compliance with the language is essential to preserve the rights of the parties. Marais des Cygnes Valley Teachers' Ass'n v. U.S.D. No. 456, 264 Kan. 247, 251, 954 P.2d 1096 (1998). If it is essential to the preservation of the rights of the parties, the statute is mandatory. Factors indicating the provisions of a statute are mandatory are: (1) the use of negative words that require an act shall be done by no other method or at no other time than that stated, or (2) provision for a penalty or other consequence for noncompliance. 264 Kan. at 251. The statute is directory where the provision establishes a manner of proceeding and a time within which an official act is to be done and is intended to secure order, system, and dispatch of the public business. 264 Kan. at 251."
In State v. Residential Unit & Real Estate, 26 Kan. App. 2d at 261, the court dealt with the language of K.S.A. 60-4113(g) of the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA). Under K.S.A. 60-4113(g), "the hearing on the claim shall be held within 60 days after service of the petition unless continued for good cause." The case, however, was set more than 60 days after service of the petition and the hearing was held more than 100 days after service of the petition. 26 Kan. App. 2d at 261.
The Residential Unit & Real Estate court held:
"K.S.A. 60-4113(g) is a matter of convenience rather than substance. It gives a view to the proper, orderly, and prompt conduct of business; has no words of absolute prohibition; and does not provide a penalty for noncompliance. If a party has complied with statutory provisions requiring action, then subsequent procedural steps to be taken by the court are directory, and the review proceeding is not defeated by defects created or matters overlooked by court personnel. [Citation omitted.]" 26 Kan. App. 2d at 263.
The Residential Unit & Real Estate court also noted that under K.S.A. 60-4123, the Act is to be liberally construed. 26 Kan. App. 2d at 263.
In the case of In re T.K., 11 Kan. App. 2d 632, 633-34, 731 P.2d 887 (1987), the court held the 30-day time period under K.S.A. 38-1683(a) was directory, not mandatory. Although the 30-day requirement is clear and unambiguous, the court held it had to be read in concert with K.S.A. 38-1601, which instructed that the Kansas Juvenile Offenders Code be "'liberally construed' for the ends enumerated." 11 Kan. App. 2d at 636. Also, "a rigid and legalistic interpretation of the appeal provisions does little to further the parental interests of the State. While the clear purpose of 38-1683(a) is to provide a prompt review of the district magistrate judge's decision, order and promptness are the general characteristics of a directory statute." 11 Kan. App. 2d at 636. Further, the legislature provided no remedy where the 30-day limit was transgressed and the main legislative purposes were not defeated when a hearing was not promptly held. 11 Kan. App. 2d at 637. See also State v. Fink, 217 Kan. 671, Syl ¶ 3, 538 P.2d 1390 (1975) (language requiring a preliminary hearing within 10 days of arrest or personal appearance is directory); In re Flournoy, 5 Kan. App. 2d 220, 223, 613 P.2d 970 (1980) (language requiring a hearing within 2 weeks after filing a petition is directory).
Although time limitations for a child in need of care case are stated in the statutes, they must be read in concert with K.S.A. 38-1501, which instructs that the Kansas Code for Care of Children shall be liberally construed. The time frames proscribed by the statutes are to see that a severance case is expeditiously resolved and to protect parties from unreasonable delay. But, a rigid interpretation of the statutes would do little to further the end that each child shall receive the care, custody, guidance, control, and discipline, preferably in the child's own home, as will best serve the child's welfare and the best interests of the State. The legislature has provided no remedy where the time limits were transgressed. The father has not shown his rights were prejudiced by the delay or that it is in the interests of the child that the case be dismissed. We find the trial court did not err in refusing to grant the father's motion to dismiss.
The father argues the trial court erred by allowing testimony from his individual drug and alcohol counselor and his individual therapist.
"When determining whether evidence was properly admitted at the trial court level, the appellate courts utilize an abuse of discretion standard of review. [Citation omitted]. Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable. If reasonable persons could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion. [Citation omitted]. Wide latitude is given to the district court in determining what evidence to admit. [Citation omitted]. The appellant has the burden of showing why admitted testimony should have been excluded. [Citation omitted]." State v. Alexander, 268 Kan. 610, 617, 1 P.3d 875 (2000).
K.S.A. 38-1514(b)(1) provides for the evaluation of development or needs of a parent and states:
"Physical, psychological or emotional. During proceedings under this code, the court may order an examination, evaluation and report of the physical, mental or emotional status or needs of a parent. . . . Written reports and other materials relating to the examination and evaluation may be considered by the court but, if requested by any interested party in attendance, the court shall require the person preparing the report or other material to appear and testify."
K.S.A. 38-1514(c)(1) addresses the confidentiality of the reports and states: "No confidential relationship of physician and patient, psychologist and client or social worker and client shall arise from an examination or evaluation ordered by the court." See In re K.G.O., 12 Kan. App. 2d 7, Syl ¶ 1, 738 P.2d 98 (1987) (K.S.A. 38-1514[c][1] creates an exception to the confidential relationship between a psychologist and a client.).
The father contends K.S.A. 38-1514(b)(1) and (c)(1) do not apply because the court did not order any drug or alcohol evaluations. Thus, K.S.A. 65-6410 and 65-5603 should have applied, thereby making the information privileged. Although the conditions agreed to at the adjudicatory hearing required him to comply with the recommendations of Youthville and later St. Francis, the court never specifically ordered him to obtain such an evaluation. The father argues even if this court concludes there was an implied order, the only evidence that should have been admitted without his consent was the actual evaluation, not the testimony regarding his treatment. According to the father, the district court could not have found he had an alcohol problem without the testimony of the drug and alcohol counselor and his individual therapist.
Richard Duncan, a substance abuse specialist for SRS, did the drug and alcohol evaluation in January 2000. At the hearing, the father asserted that Duncan's testimony was privileged pursuant to a ruling by Magistrate Judge Flax. The State argued it was implicitly ordered because the father was ordered to follow through on Youthville's recommendations and the evaluation was done at Youthville's request. The district court agreed with the State and admitted Duncan's testimony and evaluation over the father's objection.
Duncan's evaluation concluded that the father needed inpatient treatment for alcoholism because of his self-reported history of drinking, intent to keep drinking as pain medication for his knee, and his report that he sometimes loses control and becomes violent when drinking. The father described three incidents to Duncan when he was intoxicated and got into physical confrontations. The father also said he had been drinking when the violent domestic dispute with his sister occurred. The father told Duncan he did not need inpatient treatment and refused to sign any releases for treatment centers.
At the September 17, 1999, adjudication hearing, Judge Flax ordered the father to obtain a parenting psychological evaluation, to follow all recommendations made in such evaluation, and to participate with Youthville services and follow their recommendations. Dr. Kohrs' evaluation was apparently the parenting evaluation the court specifically ordered, while Duncan's evaluation was based solely on a referral from United Methodist Youthville (Youthville). In a March 2000, journal entry, however, Judge Flax specifically considered the issue of privilege, noted that he had ordered the father to follow the recommendations of Youthville and stated: "Youthville recommended an alcohol evaluation. The Court rules this is admissible as a Court ordered report."
Thus, even if the order was implicit at the time the evaluation was completed in January 2000, Judge Flax later ruled it was a specific order based on Youthville's recommendation. Therefore, pursuant to K.S.A. 38-1514(c)(1), the evaluation was court ordered and was not privileged. The district court did not abuse its discretion in admitting Duncan's alcohol evaluation.
The father does not specify which individual therapist's testimony should have been excluded. Various "individual therapists" testified, including Jane Kohrs, Brett Murray, and Nancy Dreiling. Presumably, he objects to Dr. Kohrs' testimony because under the court's finding of alcohol addiction or abuse as defined, the court stated: "Dr. Kohrs believes that lack of alcohol treatment and the lack of cooperation with counselors indicates a poor prognosis." Dr. Kohrs' evaluation was apparently the court-ordered parenting psychological evaluation. Thus, it also was not privileged.
Regardless of whether any individual therapists' testimony should not have been admitted, the district court had sufficient competent evidence to make a finding of an alcohol problem based solely on Duncan's evaluation. Moreover, there is evidence from which the court could have found the father had an alcohol problem without the testimony of Duncan or any individual therapist. For example, the father admitted to Belinda Hartman that he was drinking when he got angry with his sister and sometimes he "blacks out" and doesn't know what he is doing when drinking. Alcohol abuse was only one of several reasons the court terminated the father's parental rights.
We find no error in admission of the testimony.
The applicable standard of appellate review in a termination of parental rights case is "not whether the record contains substantial competent evidence of a clear and convincing nature but whether there is substantial competent evidence in the record to support the trial court's decision that the parent was unfit and that parental rights should be terminated." In re S.M.Q., 247 Kan. 231, 240, 796 P.2d 543 (1990). The appellate court "cannot reweigh the evidence, substitute its evaluation of the evidence for that of the trial court, or pass upon the credibility of the witnesses. This court must review the evidence in the light most favorable to the party prevailing below. [Citations omitted.]" In re A.N.P., 23 Kan. App. 2d 686, 692, 934 P.2d 995 (1997).
When considering the factors for terminating the rights of a parent under K.S.A. 2002 Supp. 38-1583, the court must give primary consideration to the physical, mental, or emotional condition and needs of the children. The existence of any one factor listed under K.S.A. 2002 Supp. 38-1583 may, but does not necessarily, establish grounds for termination of parental rights, and the determination must be based on an evaluation of all applicable factors. K.S.A. 2002 Supp. 38-1583(e).
Here, in determining that the father was unfit and his parental rights should be severed, the district court found the following K.S.A. 2002 Supp. 38-1583(b) factors existed: K.S.A. 2002 Supp. 38-1583(b)(1)("[e]motional illness, mental illness, mental deficiency or physical disability of the parent, of such duration or nature as to render the parent unlikely to care for the ongoing physical, mental and emotional needs of the child"). The court found the father has a physical disability and a mental deficiency as described under K.S.A. 2002 Supp. 38-1583(b)(1). The father is physically disabled with a sole source of income of $550 per month from SSI payments; he is unable to provide for his own needs on this income, much less the needs of his children. He also has demonstrated an unwillingness to cooperate with service providers who assist in proper budgeting and financial management, although given many opportunities to do so. During the pendency of the case, the father lived in five different residences, some lost due to nonpayment of rent.
The trial court also noted that notwithstanding his limited means, the father purchased a stereo system requiring monthly payments of about $178, leaving little money for basic necessities. Further, Dr. Kohrs testified the father had a life-long learning disability with a low average to borderline IQ. Although borderline individuals can successfully raise children, alcohol issues, moodiness, low self-worth, high impulsivity, and poor judgment skills would work against his success as a parent. Also, there was testimony from social providers that the father refused or reluctantly accepted services and could only function successfully with help from providers and his female companions. There was no evidence these overriding deficiencies were likely to improve with help or over time.
Also K.S.A. 2002 Supp. 38-1583(b)(2) (conduct toward a child of a physically, emotionally or sexually cruel or abusive nature) applied because when SRS took custody of the children in May 1999, they both had head lice, N.H.'s teeth were seriously decayed and she needed dental surgery, and she had a urinary tract infection. The father would "head butt" with B.H. As a manner of discipline, the father yelled and screamed at the children until they would shake. Further, he seemed disinterested in N.H., which is a form of emotional abuse, and both children were developmentally and socially delayed when SRS took custody, but they significantly improved while in foster care.
The trial court also cited K.S.A. 2002 Supp. 38-1583(b)(3) (excessive use of intoxicating liquors or narcotic or dangerous drugs), noting the father has an alcohol addiction, but refused treatment. Further applicable factors were K.S.A. 2002 Supp. 38-1583(b)(7) and (b)(8) (reasonable efforts by appropriate public or private child caring agencies have been unable to rehabilitate the family; and lack of effort on the part of the parent to adjust the parent's circumstances, conduct or conditions to meet the needs of the child). The court found substantial evidence was presented of reasonable efforts by appropriate agencies to rehabilitate the family, but the father did not make sufficient effort to adjust his circumstances, conduct, or conditions to meet the needs of the children.
K.S.A. 2002 Supp. 38-1583(c)(3) (failure to carry out a reasonable reintegration plan) also applied because the children have not been in the father's physical custody and he has failed to carry out a reasonable plan directed towards the reintegration of the children. In terminating the father's parental rights, the court considered the above factors in light of the physical, mental, and emotional needs of the children.
The testimony of the many individuals involved with the family provides sufficient competent evidence to terminate the father's parental rights. Reviewing the evidence in the light most favorable to the party prevailing below, there was substantial competent evidence in the record to support the trial court's decision that the father was unfit by reason of conduct or condition which rendered him unable to care properly for the children and the conduct or condition was unlikely to change in the foreseeable future.
1REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 23, 2003, pursuant to Rule 7.04 (2002 Kan. Ct. R. Annot. 46).


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Perhaps a 645DII in the works? Perhaps the D800 has slowed sales? I'm not sure this move will convince anyone to buy a 645D, who wouldn't have otherwise; it will certainly reduce the resale value of the camera however.The price that should be reduced is that of the 25mm IMHO.Tom
Hi Tom,They try to put some difference between this model and the next one which will be "a quantum leap" and priced at 12999 USD. Besides the prices of used 645D will be dictated by the thousands of Japanese which will "upgrade" their 2 to 3 years old cameras in 2013 with the next model.Best regards,Radu
Radu:Very interesting. I would assume a "quantum leap" to be near full frame, an advantage that 35mm cameras can never overcome. High ISO and live view would be nice as well, but not as significant to me and, I suspect, most users of the 645D.Regards,Tom
It would be nice if Pentax would bring out some New Digital A. F. Lenses instead of a New Body. We have been waiting long enough.
Thanks for the updates, Radu. All makes perfectly sense to me. The current 645D is great, but would benefit from an update. Hope the new 25mm DA fits the larger sensor of the new camera. I could live without the 90mm, but the new wide angle zoom would be great. I am not sure about the remainder of the Pentax product line (K, Q, Ricoh, full-frame, etc.), but I am quite happy with their 645D strategy.
Hi Radu:You certainly seem to have sources in Pentax! Im glad to hear the pixel pitch will remain the same; most of the old lenses do quite well with the existing sensor, but might be challenged by smaller pixels. So the sensor will be about 20% larger ~ 50MP? I am happy with the existing electronics, maybe because I was primarily using film before the 645D and had no basis for expectations. Heck, auto focus is a novelty to me! Looking forward to the wide angle zoom; like Lacunapratum, I dont understand the urgent need for a 90mm.Regards,Tom
Radu,any knowledge of a Pentax 67D in the works ?Man, a 50MP 6x7 sized chip that uses the same P67 lens mount, that'd be superb!!!-Dan
The camera is rumored to be the first (or in the first row of a new class) to make real use of a 16bit RAW.
I have been using the 645D for at least a year. I shoot it very hard. My only digital camera. I use it for personal work and for jobs. It is a fine camera. Lenses can be purchased dirt cheap.Viewfinder is incredible; build quality is great. Color fidelity maybe not as good as my old Nikon, but still quite good in Lightroom4.My only comment of concern is that the internal processing engine seems vastly unpowered. The buffer; the write times to card seem quite long. When shooting people, can really be an issue if shooting a lot of frames quickly. The buffer will just lock up on you, and it makes you wait a long time. It is certainly no D3x, in terms of speed. Hopefully, if there was a revision model to this original body, they'd put in a V8 engine, instead of a little Briggs and Stratton lawn mower engine. But maybe it was designed for landscape guys, where speed is not an issue. But my point is: test it with your own shooting style.But for ten grand, it's an amazingly enjoyable camera to work with, even with its small underpowered engine.The other weird thing I found: there was only a return policy option at B&H. Not at Adorama or Samys. Very bizarre to just write a check for ten grand on blind faith alone. Bizarre business practice by Pentax. B&H offered standard 30 days, but luckily I did not return it.Very solid camera. Beautiful large viewfinder.That is my contribution to this thread.
Never with a CCD. Even if Pentax is able to acquire a CMOS design to use, I don't see any way they can possibly make use of 16 bits in raw. This does not stop MFD manufacturers from trying to float such claims, coyly or otherwise.Print DR of course goes higher, but this of course has nothing to do with raw.
Never with a CCD. Even if Pentax is able to acquire a CMOS design to use, I don't see any way they can possibly make use of 16 bits in raw. This does not stop MFD manufacturers from trying to float such claims, coyly or otherwise.Print DR of course goes higher, but this of course has nothing to do with raw.

subset: commoncrawl


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Man shot to death while hunting in Upstate
Man shot to death while hunting in Upstate
Authorities say a Florida man has died after he was shot by a fellow hunter in Greenwood County.
Investigators said 51-year-old Robert Iselin Jr. was shot once in the chest around 9 a.m. Saturday.
Authorities say Iselin was with a group of hunters that separated after going into the woods near Ninety Six.
Department of Natural Resources spokesman Capt. Robert McCullough says 25-year-old Lucus Brickweg of Satellite Beach, Fla., said he heard something from his tree stand and fired.
McCullough says he got down 10 minutes later and realized he had shot Iselin.
Brickweg is charged with criminal use of a firearm and no hunting license. It wasn't clear if he had a lawyer.


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Emily's Small Seattle Home Kitchen
Like this entry? Favorite it below!
- Name:
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- Describe a challenge you've overcome or a smart resource you've found for your kitchen.:
- A question we had to ask ourselves when renovating our kitchen was 'do we get rid of our dining room space for a larger kitchen? or compromise with small kitchen and small dining room?' We finally decided that we couldn't give up having a dining table and chose the latter. We maximized our small kitchen by building all the way to the ceiling.
- What's your favorite meal to cook here?:
- I love trying new recipes from countries that I've visited. Last month was dumplings. This week is paella!


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Win, Lose or Draw Is Coming Back
For kids. But maybe a grown-up version could come back, too.
The Disney Channel is reviving Win, Lose or Draw, with Disney Channel stars, kid contestants, and fancy schmancy drawing contraptions. According to TV Guide, this new version will "employ modern technology," with the contestants drawing on "interactive multi-touch screen displays" instead of plain old easels like they used back in the dark ages. Cupcake Wars' Justin Willman* will host, and as always, no one will be allowed to say "Pictionary."
* This post initially misspelled the host's name.


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My passion for wildlife was stimulated in my teenage years, mainly thanks to my Mum (a biology teacher) who made me look at the world differently and being inspired by writers such as Paul Colinvaux. This early interest developed into biological research in my 20s, when I did practical conservation work in places such as the Comores and Mongolia.
Today, any free time I have I spend pottering around the flatlands of East Anglia or escaping to our hut on the Northumberland coast looking for wildlife and castles with my wife and children.
I studied Biological Sciences at Oxford and Conservation at UCL, and worked at Wildlife and Countryside Link before spending five years as Conservation Director at Plantlife.
I joined the RSPB as Head of Government Affairs in 2004, became Head of Sustainable Development in 2006, before becoming Conservation Director in 2011.
A colleague told me on Friday that he was off to Bhutan for a holiday. As he is a Manchester United fan, I thought that he was simply escaping the ridicule of City fans, but of course he was in search of wonderful wildlife. Whenever I think of Bhutan I think of snow leopards - a species which I searched for in vain for many months in the 1990s in Mongolia, a near neighbour. But I also think of their famous National Happiness Index.
This was first proposed in 1972 by Jigme Singye Wangchuck, the country's former King. King Wangchuk said that instead of relying on Gross Domestic Product as the best indicator of Bhutan's progress, it should instead consider its "Gross National Happiness." That was to be measured by its peoples' sense of being well-governed, their relationship with the environment, satisfaction with the pace of economic development, a sense of cultural and national belonging.
I know it has its critics, but it has always made sense to me.
Talk of Bhutan made me wonder how the Office of National Statistics was getting on with its own attempt at developing a national well being index. You may recall that David Cameron first spoke about this in opposition saying that "It's time we admitted that there's more to life than money, and it's time we focused not just on GDP, but on GWB - general well-being". Then, last year, he asked the National Statistician, Jill Matheson, to develop a national measure of well-being and progress. Following a five month consultation, a progress report was published in the summer. Those who replied to consultation felt that health, friends and family, job satisfaction/economic security matter most but also the present and future conditions of the environment.
As a hypochondriac, who loves his job and likes nothing better than going in search of beautiful places with my family, I think that I probably agree with the findings. I'd probably add that I was also pretty happy that Chelsea let in five goals this weekend. However, years of experience has taught me that, in sport, happiness can be fleeting.
We can expect the first assessment next spring, just before the Rio+ 20 Summit in Brazil - twenty years on from the seminal Earth Summit. If ever there was a meeting which was focused on enhancing our well-being, this has to be it. And so it is sad that Mr Cameron, once such an advocate of sustainable development and well-being, has reportedly decided not to attend due to a clash with the Queen's Jubliee. I hope that he reads Charles Clover's open letter in yesterday's Sunday Times which urges him to rethink his decision and attend.
What makes you happy? Do you think we should have a national index of well-being? And do you think that the Prime Minister should attend the Rio+20 Summit next year?
It would be great to hear your views.
If you ever take a trip through Salt Lake City, Utah, you may notice a curious monument. Prominently situated outside the Salt Lake Assembly Hall, it looks a bit like Nelson's column. But, instead of an heroic Admiral of the Fleet, this particular monument has a pair of bronze gulls perched on its top.
This is a commemoration of the so-called "miracle of the gulls". Mormon folklore says that the first harvest of the Mormon settlers in Utah in 1848 was miraculously saved by a flock of gulls, which fed upon a ravenous swarm of insects that were devouring the precious crops. The authenticity of the story is dubious, particularly in relation to the role of the gulls, but the principle of a monument to birds is an appealing one. I have been reminded of it several times this week, for good reason.
Gulls are not universally loved. Far from being the subjects of monuments, they are amongst our most-maligned species. They are stereotyped as noisy and messy menaces, who will, given half a chance, snatch chips and hotdogs from the hands of unsuspecting seaside holidaymakers.
I'd argue that they are generally just misunderstood. If they are antisocial and dysfunctional, then it's because we've made them this way. We drop food in our streets and the gulls have learned that, where there are humans, there is often the chance of an easy meal. It's not really surprising that they occasionally decide to save time and try to grab a carbohydrate fix before it hits the pavement.
Peter Aldous, the Conservative MP for the coastal constituency of Waveney, has launched a crusade against the gulls. He paints a picture of Lowestoft, the largest town in his constituency, as one spray-painted white by airborne defecation, where it is impossible to park one's car or hold a family barbecue without the aid of a gull-proof umbrella. I do wonder how the Suffolk Tourist Board feels about these comments? He's not exactly selling the place, is he?
He has taken his battle to the Commons, hosting a debate at Westminster Hall, featuring a host of MPs anxious to vent their anger at...erm...gulls. En route, he encountered our own Paul Forecast, the RSPB's Regional Director for Eastern England, on the Jeremy Vine Show (listen here, 1hr 39mins in).
Another Conservative MP, Mike Weatherley, who represents Hove and Portslade in Sussex and who has therefore, we assume, seen a gull or two in his time, pointed out that there are some people, himself included, in Brighton and Hove that rather like their gulls. As indeed they should, given that their local football team, Brighton & Hove Albion, are known as the Seagulls.
And it was with considerable pleasure that I listened to Jim Paice MP, Minister of State for Agriculture and Food, as he offered a defence of the 'seagull'. He did not deny that in some parts of the country – mostly (but not always) coastal towns and villages – gulls have earned the moniker 'Public Enemy Number One.' But does this 'nuisance' behaviour mean we should be killing gulls? We think not, the law says not, and the Minister did a good job in outlining the reasons why not.
I would think, wouldn't you, that our elected representatives have bigger things than this to worry about? And surely we should be looking at our own untidy behaviour, which encourages gulls into towns in the first place, rather than blaming the gulls for taking advantage of it?
As the Minister pointed out, there are many tried-and-tested deterrent measures out there. Only where there is a genuine risk posed by gulls to public health and safety can lethal methods of control be considered, and only then as a last resort.
Avoiding lethal control is particularly important when the species under consideration is a red-listed species of conservation concern. Despite increases in urban areas, the national population of herring gulls – the species most often implicated in these disputes – has in fact declined by more than 50% in the last 25 years, making it a Government priority for conservation action. Indiscriminate shooting is hardly conducive to the reversal of population declines. I was pleased to hear these sentiments echoed in the Minister's speech.
Lowestoft, which Mr Aldous portrays as some guano-covered hellhole (it isn't), is the UK's most easterly town. It is home to our most easterly colony of kittiwakes, a gentle, almost dove-like, gull, itself in serious decline. These nest on a purpose-built wall near Lowestoft's South Pier, after their original nesting site was demolished. Granted, they are noisy, but they give gulls a good name and, I'm sure, attract a number of visitors to Mr Aldous' constituency. Assuming his description of his constituency HQ hasn't put them all off.
I'd prefer us to be celebrating our gulls, like the people of Salt Lake City, rather than berating them. They're not bad, they're just misunderstood.
And all this commotion got me thinking about another "nuisance" species. Mr Paice was standing in for his colleague Richard Benyon MP, Minister for the Natural Environment and Fisheries. Mr Benyon is undertaking a review of the cormorant licensing regime – I wonder if we can hope for a similarly robust defence of our native wildlife there?
It is predicted that the world population will reach 7 billion on Monday. At want time the 7 billionth human will be born and to which lucky mother, I do not know. But it is a time to reflect on what it means for us and the other millions of species on which we share this planet.
Population growth is a contentious, complex (and occasionally a taboo) subject given its links to reproductive health rights, migration, religious beliefs, and past ineffective coercive means to reduce it.
Our view is that the absolute size, growth rate and distribution of the human population, are important drivers of environmental change but no simple relationship exists between population size and environmental change.
In fact, the impact of humans on nature is a function of how many people there are on the planet, what they consume and the availability of technology. Consumption patterns of the world's peoples are critical to the resulting environmental impacts.
It is also a fact that environmental impacts of population growth vary significantly across the planet. Direct human impacts are particularly severe in biodiversity-rich developing countries where there are populations that are directly reliant on local natural resources.
On a global scale, the size and composition of an economy together with income inequality, are better predictors of biodiversity loss than population density. The greatest impact of human population on the environment largely takes place in developed countries where population growth is actually lowest and this is down to our comsumption patterns.
In the UK, while national income has more than doubled in the last forty years, population has grown by only 10%. Our environmental impacts stem mainly from our increased affluence which translates into a much larger environmental impacts than those of previous generations. The UK's 'ecological footprint' extends well beyond our borders as we import many of the resources we consume, some of which are environmentally damaging e.g. feedstocks, such as soya from South America or oil palm from Indonesia.
The UK's population profile adds an additional level of complexity to the issue. We are an ageing population with dependency ratios declining dramatically. From an economic perspective, this change will create a vast financial burden on those of working age and will clearly have ramifications when assessing our economic potential against large, dynamic economies with young populations (like Brasil, India or China). It is conceivable that future population debates will focus more on the optimal distribution of population rather than its absolute size.
So what is the solution?
The first priority must be to try to fix the system in developed nations so that economic growth is decoupled from environmental damage.
Second, it is important to work with others to advocate more sustainable development in the emerging economies. Rio+20 provides an opportune platform to advance this.
Third, we need to support effective, non coercive, approaches to reduce fertility levels. This involves improving living standards of the poor, improving women's rights and education, and providing access to reproductive health services. The challenge we face today is to provide a vision of how a growing population can live within environmental limits. Living within our means. That surely is something we can all buy in to.


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UWRF Art Department presents "UWRF Alumni Exhibition I". Featured artists
include Bachelor of Fine Arts graduates Kari Klicke ('04), Joe Singewald ('03),
and Jill Van Sickle ('02). A number of the artists will be present to
discuss their work at the opening reception on September 10 from 4-5:30
PM. Contact the Art Department at 715-425-3266 for more information.


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Choosing a health plan is not as easy as it once was. The costs, coverage, and out-of-pocket maximum are important, but just as important are the doctors, hospitals covered in the provider network, and the plan's quality ratings. Before you enroll in a plan, make sure you're not trading quality, service, and the doctors and hospitals you trust for premiums and copayments that seem too good to be true.
For Medicare Advantage (MA and MA-PD) plans
Rewards (HMO), Value (HMO), Classic (HMO-POS), Secure (HMO), Employer Group plans (HMO and HMO-POS)
To be eligible to enroll, you must:
Once we verify your eligibility with Medicare, your coverage will become effective the first day of the month.
The Annual Enrollment Period is from October 15-December 7. For most people, this is the only time they can choose a Medicare Advantage plan, unless they qualify for a special election period. Some of the reasons that may qualify you for a special election period include:
Please contact customer service for more information.
Most people cannot change to a different Medicare Advantage plan after December 7, but you may disenroll from your plan between January 1 and February 14. If you disenroll from your current Medicare Advantage plan during this time, you will return to Original Medicare—and if your current plan includes Part D prescription coverage, Medicare will allow you to choose a stand-alone Part D plan (this is also called a PDP).
There are also special situations that may qualify you to change your coverage during other times of the year (for example moving to another area). Please contact customer service for more information.
Medicare Advantage Disenrollment Form
Member Disenrollment Rights & Responsibilities


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Ramblings from a relocated and under-employed Southeastern Kentuckian. Liberal politics, art, music, movies, books,sports, games, whatever else strikes my fancy....Sad and strange the days that are no more...
posted by Dean @
Friday, June 29, 2012
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WASHINGTON (AP) — The number of people seeking U.S. unemployment aid fell sharply last week as a temporary spike caused by Superstorm Sandy has faded. Weekly applications have fallen back to a level consistent with modest hiring.
The Labor Department says applications dropped 25,000 last week to a seasonally adjusted 370,000.
Unemployment aid applications spiked a month ago after Sandy shuttered businesses in the Northeast. Applications jumped to 451,000 in the week ended Nov. 10. People can claim unemployment benefits if their workplaces are forced to close and they aren't paid.
The impact of the storm can still be seen in the four-week average. It rose to 408,000 last week.
Before the storm, applications had fluctuated this year between 360,000 and 390,000. That has coincided with only modest declines in the unemployment rate.


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The Department of Art and Art History's goal is to encourage all students to explore the complex processes of creating and examining works of art. We do so with a faculty committed to sustained creative work and research that helps us illuminate art's history and future with the expertise, nuance, and rigor our students and colleagues deserve.
The Department offers a Bachelor of Arts in Art (Studio Practice) and in Art History, and a Master of Arts in Art and Museum Studies. Each semester, the Department enrolls approximately 300 undergraduates in 29 Art Studio classes and 300 undergraduates in 13 Art History classes; and between 7 and 16 students in the graduate program classes.
Our two disciplines embody Georgetown University's dedication to "creating and communicating knowledge" in the broadest sense. Through study and practice of the arts, we learn to articulate ideas about ourselves, our traditions, and our environments in ways that are exceptionally direct. Students work with physical objects, make things with their hands, and grapple with forms and ideas from many eras and cultures. Art expands awareness of the world and enhances our ability to communicate. Visual literacy and cultural awareness are essential to informed, responsible, and reflective engagement in the modern world.
In Art courses, we focus on the student's experiential development of imagination and creativity as integrating forces in the liberal arts curriculum. Art History courses introduce a range of cultures and media, and provide the disciplinary grounding for the study and interpretation of art.
All of our courses in Art and Art History emphasize the study of original works of art in Washington's outstanding galleries and museums. They also exploit contemporary technologies to expand students' access to sources for learning around the world.


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Overland Sheepskin Co. is the most trusted source of quality bomber jackets for men and bomber jackets for women. Many of the bomber jackets in our collection have been inspired by the heavyweight sheepskin bomber jackets worn by airmen in WWII. We take great pride in the fact that our tough bomber jackets will deliver long-lasting warmth, comfort, and style for generations to come.
Whether you're looking for a rugged B-3 bomber jacket or a sophisticated leather flight jacket, Overland offers a wide selection of leather bomber jackets, including: shearling sheepskin car coats, sheepskin bomber jackets with leather trim, bomber jackets with lambskin leather and down, lambskin leather bomber jackets, distressed bomber jackets, and lambskin leather bomber jackets with sheepskin trim.
Have a question? Our friendly and knowledgeable product experts are available seven days a week at 1-800-OVERLAND (1-800-683-7526) to assist you in finding the bomber jacket that's right for you. Be sure to check out The B-3 Bomber Jacket: An American Icon, Tips on Buying a High-Quality Leather Jacket, and The 4 Factors that Affect the Price of Sheepskin Coats for useful tips and valuable information. All Overland products are backed by a 100% satisfaction guarantee.
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SPRINGFIELD, Ill. (AP) — Gay marriage has cleared a first hurdle to becoming law in Illinois after approval in a state Senate committee.
The Senate Executive Committee passed the legislation Thursday, sending it to the full Senate. It wasn't clear when that vote would take place.
If the measure becomes law, Illinois would become the 10th state to approve same-sex marriage. It would be the first state to adopt it after momentum built following several successes across the nation in the November election and public encouragement from President Barack Obama.
Advocates are pushing for full gay marriage rights just 18 months after the state recognized civil unions.
Many faith organizations are opposed on religious freedom grounds, arguing the proposal would compel them to treat same-sex unions as the equivalent of traditional marriage.


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Norm and the Moshe back on the radio
For any Avs fans wondering – Norm Jones and Marc Moser will again handle the radio duties for this coming season. They will both move over to AM 1510, the team's new radio home.
(By the way, did you know that Marc Moser has a pilot's license, and flies around all the time?)
One more footnote: I've been talking to more radio folk about that move to 1510, and just about everybody is skeptical that the signal will be any better than it is right now, come the season.
It's pretty complicated, I guess, but basically it has more to do with air "patterns" than wattage in determining a clear, strong signal. 1510's air patterns aren't very good. But we'll see. Kevin Medina, the GM at 1510, says they're working on it.


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Fitch Ratings Ltd. cut China's long-term local-currency debt rating, citing increasing risks to the country's financial stability given the lack of transparency in the increased borrowing of local governments.
Fitch lowered the rating to A+, its fifth-highest level, from AA-, the fourth-highest, the London-based company said in an e-mailed statement today. The company estimates total credit in China's economy, including various forms of so-called shadow banking, may have reached 198 percent of gross domestic product at the end of 2012, up from 125% at end-2008.
"Fitch believes Chinese LGs likely have significant additional contingent liabilities arising from debts of LG-linked corporates," the company said, referring to local governments in China. "The classification of lending between corporate and LG sectors have been opaque. Lack of transparency over the indebtedness of LGs is a shortcoming for China relative to peers."
Chinese local governments may have had 12.85 trillion yuan ($2.1 trillion) in debt at the end of last year, equal to about 25% of GDP, up from 23.4% at end-2011, Fitch said. Former Finance Minister Xiang Huaicheng said April 6 that the country's local-government debt may have exceeded 20 trillion yuan, almost double the figure given in a 2011 report by the National Audit Office.
Fitch affirmed China's long-term foreign currency debt rating at A+.
Local Debt
The combined debt of China's central governments and the nation's provinces and cities may currently be more than 30 trillion yuan, Xiang, who served as finance minister from 1998 to 2003, said at the Boao Forum for Asia. Local governments had 10.7 trillion yuan of debt at the end of 2010, the auditor said in its report.
Bond-market history indicates that the effect of sovereign ratings may be limited. Almost half the time, yields on government bonds fall when a rating action by S&P and Moody's Investors Service suggests they should climb, according to data compiled by Bloomberg on 314 upgrades, downgrades and outlook changes going back as far as the 1970s.
After S&P stripped France and the U.S. of AAA grades, interest rates paid by the countries to finance their deficits dropped rather than rose.
China's benchmark 10-year government bond yield fell to 3.4732% today from this year's high of 3.6143% on Jan. 29. Top-rated corporate debt with similar maturities pays 5.1122%, down 18 basis points this year.
Copyright 2014 Bloomberg. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


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Free lance marketing proposal social media jobs
For My Client i want a Professional proposal Written with Diagrams and Standard Structure. RESTAURANT TABLE BOOKING SYSTEM Feature to be included 1) Admin Panel 2) Frontend 3) Registered and Guest user 4) Table Booking (Number of People) 5) Food ordering 6) POS Integration (Assume API is there to Integrate with POS system) Positively Need by
Khulisa Social Solutions is positioning itself 2018-2020 as an innovative civil society organisation committed to rebuilding communities through focusing on job creation and promoting sustainable entrepreneurship. We are committed to and focusing on opportunities that develop skills, create jobs and promote a spirit of sustainable entrepreneurship
my topic is The impact of investment risk on real estate in Phnom Penh, Cambodia. The word maximum is 3000 and at least 5 journal.
write a research proposal of 2000 words
Need to write proposal for below link RFP [login to view URL] I have attached almost same RFP so not big changes needed here
heading will be Introduction Literature review Research Methodology Research outcome Research gap Aim of the Research Research Questions Data Analysis Current level of research skill & Area of Support References the research should be both qualitative and quantitative Topics: Islamic Banking - Risk Assessment Models on modelling liquidity risks - Proficiency in banking regulations - Risk Ma...
Hello! I am planning to propose to my girlfriend. My name is Joshua and her name is Shoshana, so people call us "Shoshashua". I want to get a plaque designed that will say "Shoshashua forever?" I was thinking of maybe doing it in a trippy style, and then printing it on metal? but I'm not set on that and I'm definitely open to ideas if you have something you think woul...
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Choose an organisation, develop a strategic proposal for how the organisation could modify its strategic direction to gain significant competitive advantage from adopting a triple or quadruple bottom line strategy. Draw a direct comparison with the current strategic direction to demonstrate the shift in direction necessary and the competitive advantage
Write an Internet work proposal for cooporation
The proposal will include the following - Field of Research - Topic of Research - Background of Research - Problem statement - Objective - Methodology - Schedule of research work - Equipment to conduct research (if any) - Budget details and source of financing (if any) - Expected outcome - Summary/ conclusion Total number of words required: 1300 to
Need to prepare RFP document for ARRCS and SOAR attached document.
Hi, how are you? I want to sign a contract with you about one important thing on 1~2 years period or on more than. If our contract is achieved successfully, you would be paid the salary every month. If you are in agreement with me , send me a message so that we can consult about the contract issues specifically. Thank you for your cooperation.
I have a 4 page document i need professional re-written. A company has managed to secure a loan from a major bank for $4.5 million and is seeking an investor to provide 10% as a security deposit as requested by the bank. I have provided a 4-page document which should be re-written using financial terms and laid out in a more professional manner.
...someone with a car interest or someone who promoted/worked sponsorships for a motorsports event. I host an annual car show. We are looking for sponsors/marketing partners on a regular basis. My proposal I believe is to generic, looking to step my game up. My show brings in around 10,000 people. We have a very cool kids car build, pinstripe charity jam
In need of free lance Gift packaging
need proposal writter who can be fulltime resource for writting rfp in schedule 7p
I am currently trying to streamline my processes, so the point is to minimise the work I have to do. I need someone who can very quickly run out proposals for all types of web services. If you do a good job and you do it quickly, I will likely use you continually.
The aim of this project will be to develop the following applications. ➢ Marketing Website, ➢ Android mobile application ➢ IOS mobile application ➢ And other types of IPADs and Mobile Telephones devices Technology Required a) Engine: a) Unity b) Gamebryo c) Vision d) Leadwerks e) ORX d) AutoCAD,ACES f) Visual3D e)
Hello! We want some writer who will be expert and qualified on technical proposal writings. Skilled writer needed for this job. Because, I have many many writing projects. If you do great I'll offer you many more ongoing projects. Native English speaker are allowed to place bid on this project only. More details on chat. No time waster please.
Hello! We want some writer who will be expert and qualified on technical proposal writings. Skilled writer needed for this job. Because, I have many many writing projects. If you do great I'll offer you many more ongoing projects. Native English speaker are allowed to place bid on this project only. More details on chat. No time waster please.
Please Sign Up or Login to see details.
...them Thay are waiting for our proposal. We wish to suggest to them something called "Strategic Partnership" >> [login to view URL] We have started working on proposal (text enclosed) but of course we
I need a good written commercial proposal
We would like to get a proposal for a logo for sports running socks (required as vector element). Our brand name is RUNOVA and this naming should be the main/only part of the logo. We are searching for something simple and clean but we are open to new ideas. Focus group is young professionals who care about the quality and uniqueness of the product
Need on going help in drafting schedule 70 project proposals
I need your input on creating the proposal to cover those needs in technical methodology , process and deliverables styles. 1- branding strategy (main snd sub brands) 2- planning 3- implementation I need the job done in 8 days (first draft in 4-5 days then 3 days to review and develop) No design needed. I'll provide more details to shortlisted
we are a business and finance co. Thailand based. need free lance female-reception cum customer care. entertain guests, dinners and attend business meetings for serving snacks and take notes
Must be available to start working on a HRMS proposal immediately.
...to be able to edit all text including social media stats. We are looking for about 6 different templates to use (just change the cover photo, the rest can be the same format) We will provide a folder full of photos to select from and our goal is to look millennial. For example, we love the vibe of this media kit to give you an idea of the vibe we
For my proposal happening on thursday, I would like you to build a 1-min video with 3D graphic and animation telling my love story (that i will provide with the script) and voice over to surprise my fiancee to be. I want it in 24 hours.
Description: A proposal for a "new solar idea" which will be submitted to the USAID.
Can work for any project effectively. Have an experience of work and recently working as technical writer for a company.
Hello everyone! We need a photoshop work for our company. What we need is a proposal for this Hotel-Wellness-Spa in this windows section. We need a Vinyl with their logo on it. It can be creative as you want, but it should be serious and profesional. We give you an "example" for the glossy texture. It should be middle-window art. Can you help us
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Need experienced resource for creating a business proposal document
comercial cleaning business that provides these services school cleaning restaurant cleaning offices cleaning pub ane leisure cleaning
We have a proposal that needs to be prepared. Currently we have a main document in word, also have some documents in pdf text and drawings. We need to incorporate the pdf documents into the word document in the appropriate places. The entire document needs to be formatted to be presentable for corporate purposes.
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...translator to translate English to Chinese. The document we have is a graphic design proposal between 1000 to 1500 words. We prefer someone who have understanding of design terms (e.g. Branding identity, brand personality, logo, website, UX etc). We will send the proposal to the right person today and need it done by Wednesday (Australian time).
Good day- we are lo...digital signage company, experience or an understanding of our our product and service is a must. If interested please write "Digital signage" in your first line of your proposal. If you do not- i will delete your bid. We are looking for skilled and serious freelancers. Looking forward to samples of work and proposals. Thanks
I need a proposal write up. I own a jewelry company and wish to partner with other complimentary businesses around me. more like a mutual agreement. Let me give an example. 1. Jones and Jones sell wedding gowns and I sell Wedding Rings. 2. If a customer of Jones and Jones comes to buy a gown. Jones and Jones give them a coupon to get rings from
I need someone who can help me to write land award proposal to government for agriculture purpose. 1. we plan to apply 40acres of agriculture land 2. we plan to plant fast harvest plant like vegetable, fruit (research on fast harvest plant is needed to convince government) 3. stated some reason of why government should reward the said land to us
I hane RFP for IT project for mobile app and portal and i need to create technical proposal
I have RFP for IT prject (mobile app, portal) and i need technical proposal based on it
Create a project proposal for funding and other various [login to view URL] proposal should be perfectly written without any grammar mistakes or spelling mistakes. All the below contents and everything which should be there in a project proposal should be present. 1. Executive Summary: Think of this as the elevator pitch, it sketches out the project in a
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Part 1 I would like somebody write me a proposal for Indiegogo so I can pay a developer to develop me app for my company that's the same level as Uber Freight and Convoy and board 360 and dat board . In a way of all website for my truck and transportation company and Logistics. Part 2 I need a very powerful app that could change the trucking industry


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Blair House Executive Chef Norris Sebastian and Owner Mike Schneider work closely with the various vintners to create the perfect food pairing for each wine presented. Chef Sebastian has been at the helm of numerous fine dinning restaurants such as the Swiss Austrian Restaurant, The Belvedere, The Grape, the Four Seasons Hotel and Resort in Dallas, TX and the AquaKnox Restaurant located in the Venetian Hotel and Casino in Las Vegas, NV. Chef Sebastian will create innovative dishes that will pair well with wines from the best Wineries in Texas.
January 30th Bella Vista Ranch- Wimberley, TX
February 6th Llano Estacado- Lubbock, TX
February 13th Driftwood Estate Winery- Driftwood, TX (Sold Out)
February 20th Flat Creek Estate, Marble Falls, TX
February 27th Torre di Pietra Vineyards, Fredericksburg, TX
Our distinctive Saturday evening dinners are offered to the public for $64.50 per person, plus tax and a 20% gratuity. Remember, reservations are required to participate in the festivities. Please call the Blair House Inn at (512) 847-1111.
Tags: Bella Vista Ranch, Driftwood Estate Winery, Flat Creek Estate, Llano Estacado, Specials, Torre di Pietra Vineyards, Vintner Dinner, wineries


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"Secure the border" long has been the refrain on immigration. According to the U.S. Customs and Border Protection agency, from 2001 to 2011 border patrol agent staffing grew from 9,212 to 21,444. During that same decade, the agency's budget grew from $1.1 billion to nearly $3.6 billion.
Undocumented immigration fell sharply. By many accounts, net migration to the United States is zero, perhaps negative. Nevertheless, the number of undocumented immigrants here has remained steady 11.5 million in 2011, according to Homeland Security figures. Moreover, they have grown roots: 86 percent arrived before 2005, 57 percent before 2000 and 30 percent before 1995.
A week ago, I spoke with an undocumented immigrant in his late 30s. Ten years ago, he crossed the border on his way to California. Four years later, he came to Utah because "life is calmer here. The people feel safe. You can get a ticket and not be worried about deportation."
Another person from Mexico who has lived in Utah for almost nine years recently told me, "Nobody is going to deport you if you don't get in trouble. There are not a lot of workers. They have to hire foreigners." This person added, "Maybe our employers are scared of reform because they would have to pay more money."
About a year ago, a Latino activist from Logan told me that the dairy industry would go bust if not for undocumented workers. Agriculture, hospitality and other key economic sectors would also suffer if undocumented workers had to leave.
This economic argument was a key underpinning of the "Utah solution" on immigration, part of which would give state "guest worker" permits to qualifying undocumented workers and their families. HB116 was unconstitutional, according to the Legislature's own counsel. It passed anyway.
In November 2011, the federal government warned Utah it would file a lawsuit if the state tried to implement HB116. It's an open-and-shut case: HB116 directly contradicts 8 USC 1324a, which prohibits hiring undocumented workers. Under the Supremacy Clause, HB116 is unconstitutional.
Earlier this year, the Supreme Court clarified the authority over immigration, saying that "the federal power to determine immigration policy is well settled." Two additional strikes against HB116 are these:
1. A state bureaucracy would cost $6.1 million to implement in 2013.
2. Just the fines for the state permit would cost two to five times what the federal permit costs. It is likely that very few people would apply.
Utah policymakers pushed HB116 as part of a message to the federal government to get real on immigration. If they want to keep that message afloat, it would be prudent to push back the implementation date. Then they should be honest about Utah's need for federal legalization of undocumented workers.
On Dec. 3, a person who identified himself as Juan José called into my radio show with a suggestion: "We need to speak more directly and with less fear about the need for reform. We are not going to go away."
I agree. The fundamental questions on immigration have long been:
1. How should the system handle those who want to come here?
2. At the border and internally, how should the system ensure compliance with, and respect for, the law?
3. How should the country deal with an undocumented population of 11.5 million?
Redesigning the immigration system for the 21st century begins with question three, and with legalization of the undocumented.
Mark Alvarez is an attorney who lives in Salt Lake City and hosts "Sin Rodeos," a Spanish-language radio program.


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Topic: Fett news
Mel put this feature onto RF and it is really interesting. It tells you about fett around the world, comic news, reviews and so on and so forth. But I thought Mel could put it on here, or someone make it. It's a feature that'd go at the top bar of the message board.
Like the idea?


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Factory VillageMay 23. 2013 1:50PM
Bennington, NH
Marker Number: 153
Name and date established: Bennington 1985, 1987
Description: Directly east was the "Great Falls of the Contoocook," where the river dropped 75 feet in less than a mile. Mills have been located here since 1783. In 1810, one of New England's first cotton mills started here. There has been a paper mill at the site of Monadnock Paper Mills since early in the 19th century. Five dams also powered a cutlery factory, a fulling mill, a powder mill, and a tannery. By the turn of the 20th century, the oldest dam generated electricity for Antrim and Bennington. Now the dams are used by the paper mill for power and flow control.
Location: Located on the east side of Route 202, near its junction with Route 31.
* e-Edition subscription required


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What Happens to the Case When a Divorcing Couple Reconciles
It doesn't happen that often but occasionally in my practice a divorcing couple will decide that they want to work on the marriage and not go through with the divorce.
Most of the time this happens very early in a case, although I have occasionally seen it even after we have reached a settlement. I suppose it can be a real wake up call to someone when their spouse files for divorce. They might realize that the situation is a lot more serious than they previously thought and they decide to really put their best foot forward to try to save the marriage before it is too late. Sometimes this works, sometimes Continue reading


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Tag Archives: Lisandra Sanatis
Conjoined twins leave hospital after separation
Posted on Health, Toddlers | 0 commentsin
Two formerly conjoined toddlers have recovered from separation surgery and are leaving a Richmond, Virginia hospital in the hopes of soon returning home to the Dominican Republic. On Friday, Maria and Teresa Tapia were released from Children's Hospital of Richmond at Virginia Commonwealth University. The 20-month-old girls had been joined at the chest and underwent complicated surgery that lasted nearly […]


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Army defectors killed 27 government forces Thursday in apparently coordinated attacks that were among the deadliest by rebel troops since the uprising began nine months ago. The escalating unrest prompted Canada to advise thousands of its citizens in Syria to leave.
The fighting began around daybreak in the southern province of Daraa, where the uprising against President Bashar Assad's authoritarian regime began in March.
Syria has seen a sharp escalation in armed clashes recently, raising concerns the country of 22 million is headed toward civil war. The U.N. raised its death toll for the Syrian uprising substantially this week, saying more 5,000 people have been killed since the revolt began.
"The attacks by army defectors are becoming more coordinated and more deadly. Unfortunately, this will likely lead to a new cycle of escalation by the regime," said Mohamad Bazzi, a Syria expert at the Council on Foreign Relations.
Sanctions by Western powers, Turkey and the Arab League have added to the growing pressure on Assad from within Syria. U.S. State Department official Frederic Hof told Congress on Wednesday that Assad's repression may allow him to hang on to power, but only for a short time.
Still, the regime could exploit the escalation of armed attacks by military defectors to escalate the crackdown with full force on pockets of defectors concentrated in Daraa and the northwestern province of Idlib that borders Turkey.
Defectors from the Free Syrian Army, whose leaders are based in exile in neighboring Turkey, fired a rocket-propelled grenade at a bus carrying policemen into the town of Busra al-Harir on Thursday, killing 12 officers, an activist based nearby said.
That set off clashes with an accompanying force of soldiers. The defectors killed 13 of them, said the activist, who would only agree to be identified by his first name, Omar, for fear of retribution.
The fighters then killed two more soldiers in an attack on a checkpoint, he said.
Busra al-Harir is home to about 300 army defectors who have been clashing with regime forces daily for nearly a week, he said.
"The army was shelling the town with tanks shortly before the attack by insurgents," Omar said.
Syrian troops are usually accompanied by policemen in buses, who round up people after the army enters an area.
Citing witnesses on the ground, the British-based Syrian Observatory for Human Rights also reported clashes in Daraa province. Syria has sealed off the country to foreign journalists, making it impossible to confirm the accounts.
Another activist group, the Local Coordination Committees, said three defectors were killed in Daraa Thursday. It did not mention government troops deaths.
Bazzi of the Council on Foreign Relations said the regime's crackdown has been depending more on the powerful intelligence agencies, whose members mostly belong to Assad's minority Alawite sect. Syria is predominantly Sunni Muslim.
"As these attacks by the defectors intensify, the army could become torn and splintered," said Bazzi. "The regime has tried very hard to keep the security forces (such as secret police) instead of the army as the first line of repression against the protesters."
Because of the turmoil, Canadian Foreign Affairs Minister John Baird said Canadians living in Syria should leave as soon as possible while commercial flights are still available. Washington issued a similar warning for U.S. citizens in September.
The Canadian ministry said there are about 5,000 Canadians in Syria.
"Our best advice is to leave Syria immediately, by any available means and while options exist," Baird said.
At the U.N., Russia began circulating a draft Security Council resolution it said was designed to resolve the conflict in Syria. It calls for an end to all violence. Russia has criticized opponents of Assad's rule for employing violent tactics. Western nations said the Russian draft did not go far enough, because it contained no sanctions against the regime.
Assad, who inherited power from his father in 2000, has denied issuing orders to kill protesters. But New York-based Human Rights Watch said Thursday that dozens of military commanders and officials authorized or gave direct orders for widespread killings and torture.
The 88-page report by the New York-based group is based on more than 60 interviews with defectors from the Syrian military and intelligence agencies. It identifies 74 commanders and officials behind the alleged abuse.
"Defectors gave us names, ranks, and positions of those who gave the orders to shoot and kill, and each and every official named in this report, up to the very highest levels of the Syrian government, should answer for their crimes against the Syrian people," said Anna Neistat, associate director for emergencies at Human Rights Watch.
All of the defectors interviewed said their commanders gave standing orders to stop the overwhelmingly peaceful protests throughout the country "by all means necessary." They understood the phrase as an authorization to use lethal force, especially because they had been given live ammunition instead of other means of crowd control.
About half the defectors interviewed by HRW said the commanders of their units or other officers also gave them direct orders to fire at protesters or bystanders and reassured them that they would not be held accountable.
The report quotes defectors as saying that in some cases, officers themselves participated in killings. It said the abuses constitute crimes against humanity and that the U.N. Security Council should refer Syria to the International Criminal Court.
Assad's regime claims armed gangs and terrorists are behind the uprising, not protesters seeking more freedoms in one of the most totalitarian regimes in the Middle East.
Syria's former ambassador to Sweden has also fled to Turkey to join the opposition, the Foreign Ministry said. The ministry said he was fired in Stockholm in 2008 and accused him of profiteering, forgery, exploiting his post and fraud.
Bassem Mroue can be reached on http://twitter.com/bmroue


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1 man arrested, 2 wanted by police after being indicted for killing man
1 man arrested, 2 wanted by police after being indicted for killing man
LOUISVILLE, Ky. —
Three men were indicted for killing a Louisville father but not all of them are behind bars.
Prosecutors are charging Dennis Minor, Cordell Richardson and Mitchell Jackson with the murder of Laquan Crawford.
The 20-year-old was gunned-down in broad daylight at 39th and Miami Avenue in January 2011.
Minor was arrested Thursday, but police are looking for Richardson and Jackson.
"It ain't gonna' bring him back. But, you know, it just feels like a big relief. I'll be glad when they get the other two," said Betty Thompson, the victim's grandmother.
Minor is being held at metro corrections on a $100,000 cash bond.
He's expected to be arraigned next week on multiple felony charges.


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Volume 19, Number 6
September 2002
By Wells Anderson and Joseph M. Hartley
Shared-space arrangements raise serious questions about maintaining client confidences. This article discusses ways to address this issue.
Receiving communications. Many shared-space arrangements include a receptionist who fields incoming calls for all tenants. If a client leaves a substantive message with the receptionist, attorney-client privilege is arguably waived, so the receptionist should be instructed never to take substantive messages from clients and to offer to transfer them to your confidential voicemail. Similarly, advise your clients not to put the receptionist in this position.
Under most state laws, a message taken by your personal secretary is protected as if it had been made to you directly. Problems can arise with the manner in which the message is taken: A staff member speaking in a normal tone of voice often can be heard by anyone walking by. If confidential information is taken over the phone, it must be done sotto voce, and the secretary must be advised of this fact.
Answering machines are not secure because anyone can replay or overhear a message. Invest in a voicemail service or equipment with an individual mailbox and password. Similarly, having one person who opens and sorts all mail is an unbelievably bad idea in a shared space. Client mail must be delivered-unopened-directly to you. If a receptionist opens the mail, you have just blown the attorney-client privilege for any privileged information. This also applies to hand-delivered documents from clients.
Most multitenant offices use a shared fax machine on a dedicated phone line, usually in a common, unsecured area. If you are in litigation and the opposition realizes you share a machine, you may be in for an unpleasant and expensive fight over the confidentiality of your client's faxes to you. Why risk it-a plain-paper fax machine costs less than $300. Fax/modem cards have also made it possible to send and receive securely from your computer. In terms of outgoing faxes, if you or your staff stands by the machine while sending a document, there should be no confidentiality problems. You do, of course, need rules against leaving faxes unattended while they are being sent over a shared fax machine.
Lawyers continue to agonize about the risks of communicating via e-mail. In all offices, confidential e-mails usually are saved in both paper and electronic forms. Once printed, they need to be safeguarded like other paper communications. So long as electronic messages remain on your own computer-and you secure your computers appropriately-confidentiality is not a problem.
Protecting documents on site. The thorniest problem in the shared office space is maintaining the confidentiality of information after it arrives. In the stand-alone firm, file storage does not present a confidentiality problem because that area usually is accessibly only by members of the firm. Many practitioners in shared office spaces opt for the convenience of centralized, shared file storage. You or your firm may have your own shelves, but anyone in the suite has access to the room and, thus, your files.
You must ensure that no confidential documents are publicly available to members of the office suite. If you want the convenience and economy of using a central storage area, you should not store confidential documents there. For transactional lawyers, this probably means the bulk of files have to be kept elsewhere. For litigators, it means all files except privileged documents can be kept in the storage area. Alternatively, any firm could adopt a simpler approach: Correspondence and memo files are stored privately; pleadings, discovery, nonprivileged documents, and the like are stored in the shared file area. This approach might be more inconvenient but would avoid no end of troubles.
Another option is having secure storage areas for all your files. Before you write this off as unworkable overkill, consider that files should be locked during the day yet easily accessible to relevant parties. The solution can be as simple as putting a locked file cabinet at each secretary's workstation, or as complex as having all files stored in the lawyer's office, which of course would be locked each night.
In almost every firm that shares space with other lawyers, the cubicles are effectively public areas to which any tenant of the suite has access. Precautions are necessary to safeguard work in progress at a secretary's desk. Confidential documents must remain in the secretary's possession at all times and be securely put away if the secretary leaves the area, even briefly. Many lawyers like to have an In-box on their secretary's desk, but in a shared suite, it is safer in the lawyer's office. Alternatively, a drawer or other enclosed container at the secretary's desk could serve the purpose, although this arrangement could lead to "out of sight, out of mind" problems with documents. For the same reasons, filing should be done immediately and the files returned to a secure location.
Using a common photocopier can help cut down on expenses in shared environments, but the same security measures regarding confidential documents must be followed by all using the machine. Current prices for high-speed printers are so reasonable that in many cases it makes more sense for each firm to have its own printers within easy reach and under the watchful eyes of its own staff.
A chron file contains copies of everything the lawyer sends out, including confidential communi-cations, so it should be secured. Document management software offers a secure alternative to the chron file, listing the lawyer's documents by date, with originals just a double-click away. Such software eliminates the busywork of maintaining an additional paper file of all work product.
Message slips should be guarded just like any other confidential communication. Message pads should be kept in a closed drawer after hours. Here again, switching to an electronic message system could help. Most networked computers can make the message pad obsolete, provided that the network is secured. Case and matter management software now incorporate internal phone message features with pop-up windows to notify lawyers about important messages.
One last item is the disposal of drafts of confidential information. Some lawyers will keep the draft in the file forever. If you don't, you and your secretary need to take appropriate precautions to make sure the draft is unreadable by anyone who goes through your trash. Shredders are a sensible investment.
Some of the procedures recommended here do not distinguish between confidential and public information. Entirely too much goes on in a law office to permit two separate policies based on a staff member's determination whether a particular document is confidential. Treat everything as if it is confidential, and avoid the problem from the start.
Wells Anderson is a legal technology consultant based in Minneapolis. Joseph M. Hartley is a trial lawyer in Santa Monica, California.
This article is an abridged and edited version of one that originally appeared on page 38 of Law Practice Management, March 2002 (28:2).


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UPDATE: Day 2 of Walker Trial
Rounding out the morning's testimony in the federal prosecution of Calvin Walker was the questioning of BISD purchasing agent Naomi Lawrence-Lee.
Walker's defense attorney, Dick DeGuerin, cross examined Lee, who is the prosecution's second witness. Lee was asked questions related to BISD's maintenance contract with Walker and how the electrician was paid for services.
According to Lee, the scope of work under question was not part of the BISD board-approved contract, and it was her opinion that the work performed was new construction, not maintenance. She also admitted that this scope of work should have gone through the bidding process.
Additionally, Lee stated that Walker's contract with BISD stipulates he be paid from the approved budget of the maintenance department, and the work submissions under question were all paid from insurance proceeds related to Hurricane Ike.
Defense council addressed invoices and statements from Walker to BISD and asserted that money billed to the district was approved, at no fault of his client's, even if the amount seemed excessive to onlookers.
Read more this afternoon as the trial continues, beginning at 1:15 today.
From earlier today...
As Day 2 commenced in the Beaumont federal court case against Calvin Walker of Walker's Electric, the prosecution continued the questioning of Beaumont Independent School District purchasing agent Naomi Lawrence-Lee.
Walker is accused of bilking the school district by altering invoices and overcharging for materials and services. Lee was asked pointed questions referring to multiple invoices submitted to BISD for payment that reflected materials used for different temporary campus projects that coincidentally totaled the same amount. In each of the invoices, Walker added a 10 percent mark-up of more than $50,000.
Although the mark-up alone exceeds the amount at which BISD seeks bids, according to Lee, she said the district elected not to do so in this case.
"I believe the district operated under the belief it had satisfied state law," she said.
However, the Texas Education Agency found that BISD had violated state law in the way it handled payments and contracts awarded to Walker's Electric - a fact Lawrence-Lee later admitted to under questioning by prosecutor Bob Rawls.
Testimony will continue throughout the week. The Examiner will post updates on the courtroom deliberations throughout the entirety of the trial. Check back today for more.


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Incoming Reviews: December 5, 2011December 5th, 2011 by admin
The first day of the month usually marks our reception of many online reviews of our titles. This weekend, we received five such reviews. Though some reviews are not entirely timely, they speak volumes of the books and their respective authors.
The Sacred Body: Asceticism in Religion, Literature, Art, and Culture by David Jasper, reviewed in Christian Scholar's Review (2010, 39:3).
As an author, Jasper is not ashamed to bare his own life before the reader's eyes. His method is refreshingly frank in its idiosyncrasy: personal anecdotes are common, the personal pronoun is abundant, and the book as a whole has an artful, syncopated quality.
The Hope of Liberation in World Religion by Miguel A. De La Torre, reviewed in Journal of Eccumenical Studies (2011, 46:1).
[This volume] clearly demonstrates the necessity of moving interreligious dialogue into a liberationist context, where the experiences of the oppressed constitute the starting point for the dialogue.
Kierkegaard on the Faith and the Self: Collected Essays by C. Stephen Evans, reviewed in Perspectives in Religious Studies (2011, 38:1).
[E]xcellent and well-written.... It is clear that Evans' love for Kierkegaard is driven by his conviction that Kierkegaard will help one become both a better philosopher and a better Christian. With this in mind, Evans exhorts his reader to pick up Kierkegaard for herself, to be troubled by Kierkegaard in a good way.
American Women and Classical Myths by Gregory A. Staley, reviewed in International Journal of Classical Tradition (2010, 17:1).
This volume is distinguished by a specific focus on the United States, and in particular on women's interaction with classical mythology.... American Women and Classical Myths is recommended for information on women's contribution to the history of Classics in the United States, as well as for a study of the reception of female figures from Classical mythology.
Also reviewed is Wilhelm Pratscher's The Apostolic Fathers: An Introduction in Sewanee Theological Review.