text:
1. On appellate review of a district court's review of an agency's decision, the appellate court must first determine whether the district court followed the requirements and restrictions placed on it and then conduct the same review of the agency's action as required of the district court.
2. K.S.A. 77-519(a) of the Kansas Administrative Procedure Act authorizes an administrative agency to consider and rule on a motion for summary judgment.
3. When considering the propriety of an agency's action in granting summary judgment, a reviewing court must look to K.S.A. 77-621(c)(4) (the agency erroneously interpreted or applied the law) and K.S.A. 77-621(c)(5) ( the agency failed to follow prescribed procedure) in considering de novo whether, resolving all facts and reasonable inferences from the facts in favor of the nonmoving party, there exists a genuine issue of material fact and whether the party who prevailed before the agency was entitled to judgment as a matter of law.
4. When the terms of a contract are governed by statute, courts interpret the contract to effectuate the intent of the legislature.
5. K.S.A. 2007 Supp. 74-4927(3)(A) authorizes the Kansas Public Employees Retirement System (KPERS) Board of Trustees to make adjustments in its plan from time to time in order to keep its policies consistent with current and comparable policies available in the insurance industry to large employers.
6. While it is true under the general rule that ambiguous terms in an insurance policy are liberally construed in favor of the insured, K.S.A. 2007 Supp. 74-4927(3)(A) does not preempt the overarching rule of contract construction that absent ambiguity, courts do not construe contracts but merely enforce the contract terms in accordance with their plain and ordinary meanings.
7. Equitable estoppel may prevent enforcement of contract provisions. To prevail on the grounds of equitable estoppel requires a showing that (1) the party claiming equitable estoppel was induced to believe certain facts existed by the other party's acts, representations, admissions, or silence when under a duty to speak; (2) the party relied and acted upon those facts; and (3) the party would be prejudiced if the other party were allowed to deny the existence of those facts.
8. Claims-made insurance policies and occurrence insurance policies are discussed. Coverage under a claims-made policy requires that a claim is made during the policy period. Coverage under an occurrence policy requires that the event giving rise to the claim occurred during the policy period.
9. Under the KPERS plan for disability benefits, KPERS is required to establish prejudice from a late claim in order to avoid coverage on the grounds that the claim was untimely. Prejudice is not presumed but must be proven.
Appeal from Shawnee District Court; CHARLES E. ANDREWS, JR., judge. Opinion filed August 1, 2008. Reversed and remanded with directions.
James S. Oswalt, of Hutchinson, for appellant.
J. Phillip Gragson, of Henson, Clark, Hutton, Mudrick & Gragson, LLP, of Topeka, for appellee.
Before McANANY, P.J., GREEN and CAPLINGER, JJ.
McANANY, J.: This appeal involves the decision of the Kansas Public Employees Retirement System (KPERS) to deny disability benefits to William A. Sheldon. The appeal is complicated by two factors. First, the case was resolved before the agency by summary judgment rather than the typical weighing of conflicting evidence, making factual findings, and arriving at legal conclusions that arise from the facts as established. Second, the agency never determined whether Sheldon was totally disabled as defined by the policy. Summary judgment was entered because Sheldon's claim was too late.
In order to provide a complete factual overview, we will summarize the facts from the record. As will be seen, we will constrain our factual consideration considerably once we undertake the analysis needed to evaluate the court's ruling on the summary judgment motion that led to this appeal.
KPERS was created by the Kansas Legislature to be "a body corporate and an instrumentality of the state of Kansas." K.S.A. 74-4903. It provides retirement and other benefits, including disability benefits, to participating members. Sheldon was a member of KPERS. He was a school teacher who taught and coached athletics in schools in Langdon and Sharon Springs before coming to the Lewis Unified School District No. 502 (U.S.D. 502) in August 1988, where he taught and coached in the elementary school, junior high, and high school.
While at U.S.D. 502, Sheldon developed back problems and underwent surgeries in 1999 and 2000. The surgeries did not resolve his back pain, so he stopped coaching though he continued to teach. Virgil Ritchie, the school principal who later became school superintendent, encouraged Sheldon to apply for disability benefits on one or two occasions, but Sheldon thought his back would improve.
Before beginning the 2001-2002 school year, U.S.D. 502 notified Sheldon and others that their teaching contracts would not be renewed at the end of the school year due to a decline in student enrollment and resulting budget constraints. Sheldon's back condition was not a factor in the decision to terminate his employment. Sheldon taught throughout the school year. His last day of teaching for the school district was May 24, 2002.
Over that summer and during the summer of 2003, Sheldon taught drivers' education courses in Larned. He also applied for various teaching positions in Kansas, Texas, New Mexico, Nebraska, Montana, and Colorado. Sheldon was unable to obtain another teaching position.
In November 2003, Sheldon called KPERS to inquire about disability benefits. Melva Janke, an administrative assistant handling disability claims, spoke with Sheldon and followed up with a letter in which she stated:
"To be eligible to receive a monthly disability benefit under the terms of the KPERS disability income benefit policy, a member must be totally disabled for over 180 continuous days. The 180 day waiting period commences the day after the member's last day physically on the job in a KPERS covered position. A Disability Income Benefit Certification is enclosed for further description of total disability.
"Your employer states you left work due to reduction of force, therefore, it appears you would not meet the definition of total disability at the time you left."
Janke called U.S.D. 502 to inquire why no disability claim had been filed on Sheldon's behalf. She was advised that no claim was filed because the school district understood that Sheldon intended to continue working after he lost his position with U.S.D. 502.
Almost a year later, on October 6, 2004, Dr. Pedro A. Murati examined Sheldon and opined that Sheldon suffered a 20% whole person impairment based on his low back injury. On October 11, 2004, Sheldon made his first request to KPERS for disability benefits. On December 29, 2004, Security Benefit Life Insurance Company (Security Benefit), the KPERS plan administrator, denied Sheldon's claim because he was not totally disabled within the meaning of the disability policy and because he failed to provide timely written notice of the claim.
On January 1, 2005, DCG Resource Options, LLC, (DCG) replaced Security Benefit as the plan administrator. Sheldon's request for reconsideration was referred to DCG. DCG reconsidered the claim and, on March 30, 2005, again denied it based upon Sheldon not meeting the definition of total disability as of May 24, 2002, when he left the school district.
Sheldon sought an administrative appeal with KPERS. He supported his claim with medical opinions from Dr. Murati and from Dr. Kris Lewonowski, the surgeon who operated on Sheldon's back. Dr. Lewonowski opined that Sheldon was disabled on and before May 24, 2002. To explain his late filing, Sheldon claimed he had been dissuaded from pursuing his claim by KPERS employees.
After the completion of discovery, KPERS moved for summary judgment, arguing that Sheldon's claim was untimely. KPERS did not argue that Sheldon was not totally disabled on May 24, 2002. In his response Sheldon claimed that KPERS should be estopped from raising the lateness of his claim and, in any event, KPERS had not been prejudiced by the late assertion of his claim. The hearing officer sustained KPERS' motion, finding that Sheldon's claim was not timely. The hearing officer made no finding as to whether Sheldon was disabled as of May 24, 2002. After exhausting his administrative remedies, Sheldon filed an action for judicial review in the district court. The district court affirmed the denial of disability benefits, and this appeal followed.
Standards of Review
The district court's review of actions of an administrative agency is governed by the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq. Miller v. Board of Trustees of KPERS, 21 Kan. App. 2d 315, 317, 898 P.2d 1188 (1995). When we review the district court's decision upholding KPERS' decision to deny benefits to Sheldon, we must first determine whether the district court followed the requirements and restrictions placed on it and then conduct the same review of the agency's action as required of the district court. See Jones v. Kansas State University, 279 Kan. 128, 139, 106 P.3d 10 (2005).
K.S.A. 77-621(c) lists the bases for granting Sheldon relief upon judicial review. These are the standards that apply in both the district court and in this court on appeal. They are:
"(1) The agency action, or the statute or rule and regulation on which the agency action is based, is unconstitutional on its face or as applied;
"(2) the agency has acted beyond the jurisdiction conferred by any provision of law;
"(3) the agency has not decided an issue requiring resolution;
"(4) the agency has erroneously interpreted or applied the law;
"(5) the agency has engaged in an unlawful procedure or has failed to follow prescribed procedure;
"(6) the persons taking the agency action were improperly constituted as a decision-making body or subject to disqualification;
"(7) the agency action is based on a determination of fact, made or implied by the agency, that is not supported by evidence that is substantial when viewed in light of the record as a whole, which includes the agency record for judicial review, supplemented by any additional evidence received by the court under this act; or
"(8) the agency action is otherwise unreasonable, arbitrary, or capricious." K.S.A. 77-621(c).
Here, the administrative proceeding did not involve presenting evidence before the hearing officer and the hearing officer weighing the conflicting evidence in order to arrive at a decision. Rather, the hearing officer ruled on KPERS' motion for summary judgment, a procedure specifically authorized by K.S.A. 77-519(a) of the Kansas Administrative Procedure Act. The KPERS Board of Trustees then reviewed the hearing officer's order and voted to adopt it in full.
This raises the question: By what standard do the district court and this court evaluate the hearing officer's order sustaining KPERS' summary judgment motion and the KPERS Board of Trustees' decision to adopt it in full? We do not find the parties' appellate briefs to be helpful in this regard. Further, prior Kansas cases do not provide us with any guidance. The only case we find which deals with the review of an agency's grant of summary judgment, Abbott v. Kansas Board of Examiners in Optometry, 268 Kan. 739, 1 P.3d 318 (2000), does not address the standard of review. However, the standards for summary judgment are well known and can be found in Korytkowski v. City of Ottawa, 283 Kan. 122, 128, 152 P.3d 53 (2007).
In his appellate brief, Sheldon states that we are bound on appeal by the substantial competent evidence standard found in K.S.A. 77-621(c)(7) and that we must view the evidence in the light most favoring the prevailing party. K.S.A. 77-621(c)(7) certainly cannot apply on judicial review of a summary judgment order, since the standard for summary judgment is not whether there is substantial evidence on the record as a whole to support the judgment, but rather whether there is no genuine issue of material fact and whether the movant is entitled to judgment as a matter of law. Further, it seems contradictory to suggest that we must view the evidence in the light most favoring the prevailing party when, in summary judgment proceedings, the court must resolve all facts and inferences which may reasonably be drawn from the evidence in favor of the nonmoving party. See State ex rel. Stovall v. Reliance Ins. Co., 278 Kan. 777, 788, 107 P.3d 1219 (2005).
In its appellate brief, KPERS recites the familiar notion that upon judicial review of an agency's action the court may not substitute its own judgment for that of the agency. See In re Certif. of Need App. by Community Psychiatric Centers, Inc., 234 Kan. 802, 806, 676 P.2d 107 (1984). However, this is in direct conflict with our time-honored practice of de novo review of orders granting summary judgment. See Roy v. Young, 278 Kan. 244, 247, 93 P.3d 712 (2004).
We conclude that when considering the propriety of an agency's action in granting summary judgment, a reviewing court must look to K.S.A. 77-621(c)(4) (the agency erroneously interpreted or applied the law) and K.S.A. 77-621(c)(5) (the agency failed to follow prescribed procedure) in considering de novo whether, resolving all facts and reasonable inference from the facts in favor of the nonmoving party, there exists a genuine issue of material fact and whether the party who prevailed before the agency was entitled to judgment as a matter of law.
The Contract
The KPERS disability plan required Sheldon to give Security Benefit written notice of his claim within 180 days after "any event for which benefits are payable . . . or as soon thereafter as it is reasonably possible." Upon receipt of the notice of claim, Security Benefit was required to furnish Sheldon a proof of loss form which he was required to complete and submit to Security Benefit "within 90 days after the date written notice of claim is required." However, failure to timely submit a proof of loss does not
"invalidate or reduce any claim if it is shown that it was not reasonably possible to furnish such notice or proof within such time and that such notice or proof was furnished as soon as was reasonably possible, and in no event, except in the absence of legal capacity, later than one year from the time written proof of loss is otherwise required . . . ."
Interpretation of the contract is an issue of law over which appellate review is unlimited. Conner v. Occidental Fire & Cas. Co., 281 Kan. 875, 881, 135 P.3d 1230 (2006). KPERS was created by our legislature. See K.S.A. 74-4901 et seq. When the terms of a contract are governed by statute, courts interpret the contract to effectuate the intent of the legislature. See Pieren-Abbott v. Kansas Dept. of Revenue, 279 Kan. 83, 88, 106 P.3d 492 (2005). Sheldon cites K.S.A. 2007 Supp. 74-4927(3)(A) as an expression of the legislature's intent and argues that because the statute refers to the legislature's intent to provide the broadest possible coverage, the KPERS disability policy must be construed liberally in favor of providing coverage for him.
Read in context, the relevant portion of the statute provides:
"To carry out the legislative intent to provide, within the funds made available therefor, the broadest possible coverage for members who are in active employment or involuntarily absent from such active employment, the plan of death and long-term disability benefits shall be subject to adjustment from time to time by the board within the limitations of this section. The plan may include terms and provision which are consistent with the terms and provisions of group life and long-term disability policies usually issued to those employers who employ a large number of employees. The board shall have authority to establish and adjust from time to time the procedures for financing and administering the plan of death and long-term disability benefits authorized by this section." K.S.A. 2007 Supp. 74-4927(3)(A).
The statute is not as sweeping as Sheldon suggests. Our Supreme Court has determined that when the statute is considered in its entirety, it simply authorizes the KPERS board to make adjustments in the plan from time to time in order to keep its policies consistent with current and comparable policies available in the insurance industry to large employers. See Rubin v. KPERS, 229 Kan. 575, 578, 629 P.2d 148 (1981). While it is true under the general rule that ambiguous terms in an insurance policy are liberally construed in favor of the insured, K.S.A. 2007 Supp. 74-4927(3)(A) does not preempt the overarching rule of contract construction that absent ambiguity courts do not construe contracts but merely enforce the contract terms in accordance with their plain and ordinary meanings. See O'Bryan v. Columbia Ins. Group, 274 Kan. 572, 575-76, 56 P.3d 789 (2002).
Our examination of these provisions of the plan discloses no ambiguity or lack of clarity. Absent extenuating circumstances described in the policy, a claim must be made within 180 days of disability, and proof of loss must be submitted within 90 days thereafter. The plan defines total disability as
"disability which commences while this Plan is in force as to the Member whose disability is the basis of claim and is caused by sickness or injury which prevents the Member from performing each and every duty of any and all occupations for which he is reasonably qualified by education, training or experience and in any case disability that requires the regular and continuous care of a physician unless care would serve no helpful purpose."
In granting summary judgment, the hearing officer did not determine whether Sheldon was totally disabled within the meaning of the policy when he left the school district. On review of the decision affirming the hearing officer's entry of summary judgment, we must consider all facts in the light most favoring Sheldon, the nonmoving party. Thus, for the purpose of our review, we must assume that Sheldon became totally disabled on May 24, 2002, the last day he worked for U.S.D. 502.
Using May 24, 2002, as the date of disability, Sheldon was required to file a written notice of claim by November 20, 2002, 180 days thereafter. It is undisputed that KPERS received Sheldon's notice of claim on October 21, 2004. Such a late notice is excused if Sheldon can demonstrate that timely notice of his claim was not reasonably possible and the notice of claim and proof of loss were filed no later than February 18, 2004 (180 days after disability, which is November 20, 2002, for notice of the claim; plus 90 days for proof of loss; plus 1 year).
Sheldon does not present facts upon which a jury could reasonably conclude that it was not reasonably possible for him to assert his claim in a timely fashion. While he claimed that he did not have the medical opinions necessary to establish his disability until he was examined by Drs. Murati and Lerwonowski, he does not explain why he could not schedule the examinations sooner. Further, the sole exception to the final deadline of February 18, 2004, arises when the claimant is legally incapacitated. There is no evidence here that Sheldon lacked the legal capacity to assert his claim.
Sheldon was aware of his KPERS disability benefits. Ritchie encouraged him to seek disability benefits on at least one occasion prior to May 24, 2002. Sheldon did not contact the school district or KPERS to request assistance with his claim until November 2003. The final deadline for a late claim was February 18, 2004. Sheldon did not submit his claim until October 2004. Applying a plain reading of the unambiguous provisions of the policy to the uncontested facts, it is clear that Sheldon's claim was untimely.
Equitable Estoppel
Sheldon contends that KPERS should be estopped from raising these time limitations as a defense. Whether KPERS is estopped from raising this defense is a question of law and not an issue of disputed material fact. Equitable estoppel may prevent enforcement of contract provisions. See Toshiba Master Lease, Ltd. v. Ottawa University, 23 Kan. App. 2d 129, 927 P.2d 967 (1996). For Sheldon to prevail on the grounds of equitable estoppel he must show: (1) he was induced to believe certain facts by KPERS' acts, representations, admissions, or silence when it was under a duty to speak; (2) he relied and acted upon those facts; and (3) he would be prejudiced if KPERS were allowed to deny the existence of those facts. See Fleetwood Enterprises v. Coleman Co., 37 Kan. App. 2d 850, 865, 161 P.3d 765 (2007) (citing Rockers v. Kansas Turnpike Authority, 268 Kan. 110, 116, 991 P.2d 889 [1999]).
Sheldon's estoppel claim is based upon (1) U.S.D. 502 failing to file a Form K-60 to initiate the disability claim process; (2) KPERS dissuading him from filing a claim when Janke informed Sheldon that he was ineligible; and (3) KPERS failing to inform him of the time limitations. We will consider these bases in order.
(1) Inaction by U.S.D. 502
Sheldon contends that estoppel applies because U.S.D. 502 was notified of his desire to file a disability claim in November 2003 when Janke called the school district after speaking with Sheldon by telephone. This contention fails for several reasons.
First, Janke called the school district to determine why no K-60 had been filed for Sheldon when he left the school district. There was no request by Janke or by Sheldon that the school district take any action at that time.
Second, Sheldon cannot use the acts of the school district to estop KPERS, a separate and independent entity. Sheldon failed to show that U.S.D. 502 was an agent of KPERS for the purpose of filing a disability claim. If anything, U.S.D. 502 would have been acting as an agent for Sheldon, not for KPERS. See Barbara Oil Co. v. Kansas Gas Supply Corp., 250 Kan. 438, 446, 827 P.2d 24 (1992) (defining "agency").
Third, Sheldon fails to show prejudice arising from the school district's failure to file a claim on his behalf in November 2003. Sheldon's notice of claim was due on or before November 20, 2002. Sheldon fails to demonstrate that the provisions of the policy extending the deadline applied to him.
(2) Dissuasion by KPERS
When Sheldon inquired about disability benefits in November 2003, Janke informed him that he was ineligible because his employment had been terminated due to a reduction in the work force and not due to his back injury. Based on this statement, Sheldon claims he was dissuaded from pursuing his claim further. The essence of estoppel is this: A party who takes a position which the other party relies and acts upon should not be permitted to take a contrary position in litigation to the detriment of the other party who acted in good faith reliance on the earlier position. See Fleetwood Enterprises, 37 Kan. App. 2d at 865; Coffey v. Stephens, 3 Kan. App. 2d 596, 599, 599 P.2d 310 (1979). Here, KPERS has not taken contrary positions before and then during litigation. KPERS has consistently claimed that Sheldon was not totally disabled at the time he ended his employment with U.S.D. 502. It is only for purposes of summary judgment that we assume that Sheldon was totally disabled as of May 24, 2002.
Then there is the issue of detrimental reliance. Janke's letter to Sheldon stated: "If you wish to pursue this matter, put your concerns in writing to the KPERS office. If you have questions, contact me." Enclosed with the letter was the Disability Income Benefit Certification. In a later affidavit, which did not conflict with her deposition testimony but clarified her November 2003 letter (see Mays v. Ciba-Geigy Corp., 233 Kan. 38, 45-46, 661 P.2d 348 [1983]), Jancke explained that this certificate was the disability policy itself. Sheldon did not recall receiving this plan document, but he testified that he would not dispute Janke if she testified she sent it. In her affidavit Janke swore she sent Sheldon the plan document. Thus, this fact was uncontroverted for purposes of summary judgment. Accordingly, in November 2003 Sheldon had as much information regarding his entitlement to benefits as he had later in October 2004 when he eventually submitted his claim. Sheldon's inaction was not due to some misinformation communicated to him by KPERS. Janke's November 2003 letter to Sheldon is not a valid basis for invoking the doctrine of equitable estoppel.
(3) Failure To Disclose Time Limits
Sheldon's final basis for equitable estoppel is KPERS' failure to inform him of the time limits for filing a claim. Sheldon was provided the time limits for submitting a claim when Janke sent him a copy of the plan with her November 19, 2003, letter. This was in response to Sheldon's first expression of interest in making a claim. These facts negate any possible estoppel argument.
Sheldon contends that KPERS has the duty to show prejudice in order to invoke the defense that his claim was too late. The hearing officer concluded that "Mr. Sheldon's assertion that KPERS must show prejudice to his late filing is an unreasonable attempt to effectively extend the deadline for filing claims indefinitely." This apparently was based upon him accepting KPERS' position that prejudice must only be shown when a late claim is asserted in an occurrence policy, not in a claims-made policy; and the KPERS disability policy is a claims-made policy. The district court agreed, citing Marshall v. Kansas Med. Mut. Ins. Co., 276 Kan. 97, 101-02, 73 P.3d 120 (2003), for the distinction between occurrence and claims-made policies.
The court in Marshall made this distinction in discussing the common types of liability insurance available to health care providers. The district court also cited Phico Ins. Co. v. Providers Ins. Co., 888 F.2d 663 (10th Cir. 1989), which dealt with a coverage dispute between two liability insurers of a hospital. The claims-made/occurrence distinction makes sense in resolving liability coverage disputes such as a typical dispute between competing liability carriers when company 1's policy was in force when the tort occurred and company 2's policy was later in force when the claim was made. The analysis becomes tortured when the distinction is applied to first-party coverage under a disability policy.
In its brief in support of its motion for summary judgment, KPERS relies on a number of cases to support its claim that it need not show prejudice from Sheldon's late notice of claim. Here they are: LaForge v. American Cas. Co. of Reading, Pa., 37 F.3d 580 (10th Cir. 1994), dealt with whether an insurance carrier had to provide liability coverage for a director of a failed savings and loan association under an officers and directors liability policy; Phico, cited by the district court, involved a coverage dispute between two liability insurers of a hospital; Simundson v. United Coastal Ins. Co., 951 F. Supp. 165 (D.N.D. 1997), involved a dispute over coverage in a claims-made liability policy for a wrongful death claim asserted approximately 2 years after the policy ended; Hunt v. Kling Motor Co., 841 F. Supp. 1098 (D. Kan. 1993), dealt with the issue of prejudice from an insured's late notice to its liability insurer regarding a pending suit; Campbell & Co. v. Utica Mut. Ins. Co., 820 S.W.2d 284 (Ark. App. 1991), considered whether there was coverage under a claims-made errors and omissions liability policy when no claim was made and no written notice was given during the policy period; T.H.E. Ins. v. P.T.P., Inc, 331 Md. 406, 628 A.2d 223 (1993), involved the denial of coverage under a claims-made liability insurance policy for a claim made and reported after the policy had expired.
The common thread of these cases is that they all deal with liability insurance policies. Not one deals with first-party coverage under any type of policy, let alone a disability policy.
Coverage under a claims-made policy requires that a claim is made during the policy period. Coverage under an occurrence policy requires that the event giving rise to the claim occurred during the policy period. The hearing officer and the district court found that the KPERS policy was a claims-made policy. This distinction is meaningless in the context of the KPERS policy which does not come into and out of existence from time to time but provides ongoing coverage to a group whose members are constantly changing as they join and leave employment in the public sector.
Sheldon was a public school teacher. As such, he was a member of KPERS and entitled to disability coverage while employed by the school district. If he became disabled while employed by the school district and a member of KPERS, he was entitled to benefits. If he ceased his employment and his membership in KPERS at a time when he was not disabled as defined by the policy, he was not entitled to disability benefits. If he later became disabled, he still was not entitled to benefits since, at the time he became disabled, he was not covered by the KPERS plan.
What triggers coverage under the KPERS plan is "disability which commences while this Plan is in force as to the Member whose disability is the basis of claim." The reference to "while this Plan is in force as to the Member" refers to the fact that while KPERS coverage is ongoing for its members, members come and go; and coverage for Sheldon is dependent upon him being a KPERS member, employed by the school district, when his disability occurred. Thus, if Sheldon was totally disabled as defined by the policy at the time he left the school district, he was covered under the KPERS policy if he properly perfected his claim.
KPERS claims that Sheldon's claim was not timely. Sheldon claims this does not matter if KPERS has not been prejudiced by his late claim. Given the fact that the triggering event is the occurrence of disability, not the assertion of a claim, KPERS seems to concede that it must show that it was prejudiced by the late notice to avoid coverage when it stated in its appellate brief: "Since the KPERS plan is a claims made policy, the notice-prejudice rule does not apply. In Kansas, the rule's application is generally limited to occurrence policies."
No Kansas case has specifically addressed whether prejudice due to a late claim must be shown in the context of a claim against KPERS for disability benefits. However, the issue has been addressed in other insurance and insurance-type settings.
A showing of prejudice from a late claim was required to avoid liability under a construction performance bond in School District v. McCurley, 92 Kan. 53, 142 Pac. 1077 (1914). Prejudice arising from late notice of a workers compensation claim was required by statute to avoid an insurer's liability in Pike v. Gas Service Co., 223 Kan. 408, 409, 573 P.2d 1055 (1978). However, a statutory change in 1993 resulted in insurers no longer being required to show prejudice to avoid liability for such claims. See Injured Workers of Kansas v. Franklin, 262 Kan. 840, 846, 942 P.2d 591 [1997].) In Local No. 1179 v. Merchants Mutual Bonding Co., 228 Kan. 226, 230, 613 P.2d 944 (1980), late notice did not relieve a surety of liability when no prejudice resulted. In the context of a fidelity bond issued to a savings and loan association, the failure of the insured to provide a timely proof of loss does not void coverage absent a showing of prejudice. See National Union Fire Ins. Co. v. FDIC, 264 Kan. 733, 751, 957 P.2d 357 (1998). An insurer who issued a comprehensive general liability policy must show prejudice to avoid liability due to late notice of a claim. AT&SF Ry. Co. v. Stonewall Ins. Co., 275 Kan. 698, Syl. ¶ 8, 71 P.3d 1097 (2003).
As pointed out in Phico, 888 F.2d at 668-69:
"Policy provisions respecting notice of claim or occurrence should be liberally construed in favor of the insured. [Citation omitted.] Thus, many courts apply the rule that, in the absence of an express forfeiture clause, if the insured gives the insurer timely and adequate notice, even though not submitted in writing or in keeping with policy terms, it is the obligation of the insurer to show actual prejudice for denial of coverage. [Citations omitted.] . . . Forfeitures of insurance policies are disfavored in Kansas and should be permitted only when expressed in clear and unmistakable terms. [Citations omitted.]"
We find few cases from other jurisdictions considering the notice-prejudice rule in the context of a disability claim. Applying Florida law in a case in which the insurer denied coverage for a disability claim under the federal Employee Retirement Income Security Act (ERISA), the court in Borschel v. Continental Cas. Co., 536 F. Supp. 2d 1294 (S. D. Fla. 2008), found a rebuttable presumption of prejudice for an untimely claim which the insured may overcome with contrary evidence. However, this is contrary to the accepted notion in Kansas that prejudice is never presumed but must be proved. See National Union Fire Ins. Co., 264 Kan. at 751.
Applying California law in a similar ERISA case, the court in Mizzell v. Paul Revere Ins. Co., 278 F. Supp. 2d 1146 (C. D. Cal. 2003), required the insurer to demonstrate actual prejudice from an untimely claim to justify denying coverage. Missouri law, applied to a claim for disability benefits under ERISA, requires the insurer to establish prejudice from a late claim. See Reid v. Connecticut General Life Ins. Co., 17 F.3d 1092 (8th Cir. 1994).
Washington requires a showing of prejudice, as explained in Kaplan v. NW Mut. Life Ins. Co., 100 Wash. App. 571, 990 P.2d 991 (2000). The court stated:
"The policy underlying the prejudice requirement is based on risk spreading. Insurance policies should provide the maximum protection possible, while still being fair to the insurer. If insurers were allowed to avoid payment based on the insured's conduct even in the absence of prejudice, the public policy of risk spreading would be compromised and, in a sense, the insurer would receive a windfall." 100 Wash. App. at 578.
It appears that the weight of authority and the more reasoned view is to require an insurer to establish prejudice from a late claim for disability benefits in order to avoid coverage. We conclude that the requirement for KPERS to show prejudice applies here.
This leads to the final question: Has KPERS established that it is entitled to judgment as a matter of law due to it being prejudiced by Sheldon's late disability claim? As noted earlier, prejudice is not presumed but must be proven. Further, "the presence or absence of 'prejudice' in this context is a finding of fact. [Citation omitted.]" Reid, 17 F.3d at 1098.
The purposes of a timely notice of claim are twofold. One is to afford the insurer an opportunity to encourage medical treatment as soon as possible to mitigate the effects of the injury and to prevent avoidable complications. The other is to afford the insurer an opportunity to investigate the claimed injury and the surrounding circumstances to determine its course of action regarding the claim for benefits. In its statement of uncontroverted facts in support of its motion for summary judgment, KPERS did not list a single fact from which the hearing officer, considering the facts in the light most favoring the nonmoving party, could conclude that KPERS was prejudiced by Sheldon's late notice. In its argument in support of its motion, KPERS made no claim that it was prejudiced by Sheldon's late notice.
The issue of prejudice was first raised in Sheldon's brief in opposition to the motion. Sheldon provided a statement of additional uncontroverted facts, including the fact that he had been examined by two doctors who expressed opinions regarding his disability. Through his supporting affidavit, Sheldon attached reports from these doctors, one of whom was an examining doctor and the other was his treating surgeon. Sheldon argued that KPERS had not been prejudiced by his late notice because, among other things, his medical records (which would include the records from his treating surgeon) were available.
In its reply brief, KPERS did not contest that Sheldon's medical records were available. It simply argued: "If [Sheldon] had submitted notice of claim and/or proof of loss during the 180-day elimination period, KPERS would have sent [him] to a doctor to be evaluated, but KPERS did not get that opportunity. The lost opportunity to investigate prejudiced KPERS."
In ruling on the motion the hearing officer listed his findings of fact. None of those facts makes reference to any prejudice suffered by KPERS. In his discussion of the facts, the hearing officer concluded that "KPERS did suffer prejudice because it can't now go back to 2002 and have Mr. Sheldon's claimed disability be timely evaluated by a doctor."
An independent medical examination of the claimant is an important tool in the defense against a disability claim. Nevertheless, it is a tool that is not employed in every case. It is uncontroverted that Sheldon's medical records are available. Those records alone may not be sufficient for KPERS to determine whether Sheldon met the policy definition of disability at the time he left U.S.D. 502 on May 24, 2002. Further, if Sheldon was disabled when he left U.S.D. 502, the extent of Sheldon's disability (and KPERS' liability for disability benefits) may have been ameliorated by treatment KPERS could have authorized had Sheldon given notice of his claim in timely fashion. Had the issue of Sheldon's late notice and any resulting prejudice been submitted to the hearing officer for a decision on the merits, the hearing officer could have made a factual determination whether Sheldon's medical records alone were sufficient to avoid a claim of prejudice. However, KPERS sought to avoid the fact-finding process in favor of a summary disposition of the claim. Consequently, in considering KPERS' summary judgment motion, the hearing officer was obliged to resolve all facts and inferences reasonably drawn from the evidence in favor of Sheldon, the nonmoving party. Therefore, absent an uncontroverted fact that these medical records would be inadequate for KPERS to defend against the claim, the hearing officer was obliged to conclude for purposes of summary judgment that KPERS was not prejudiced because Sheldon's medical records were available. The hearing officer drew the opposite conclusion.
On review, the district court upheld the agency's action because there was substantial evidence of prejudice. As discussed earlier, this is not the appropriate standard when reviewing an agency's grant of summary judgment. Rather than viewing the evidence in the light most favoring Sheldon, the district court affirmed based upon the evidence of prejudice viewed in the light most favoring KPERS.
KPERS failed to establish that it was entitled to summary judgment based upon its having been prejudiced by Sheldon's late claim. Accordingly, we must reverse the district court, set aside the order for summary judgment in favor of KPERS, and remand the case for further proceedings before the agency's hearing officer for further summary judgment proceedings consistent with this opinion or for resolution of the factual disputes regarding Sheldon's claim.
Reversed and remanded with directions.


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Creamy Panties: My Lesbian StalkerFavorites [+]
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Writer/director Nica Noelle's erotically supercharged Creamy Panties series continues with My Lesbian Stalker. Rejected and dejected, Siri (a busty blonde twenty-something babe, not the artificial intelligence that you might find in your phone) can't shake her obsession with the absolutely delicious brunette Jelena Jensen. After all, Jelena was the seductress who introduced Siri to the ecstasy of lesbian sex. Siri is so lovesick that she takes to hanging around outside the young goddess' house, and she doesn't even try to hide very well.
Just when it seems as if Jelena hasn't noticed the spying, she confronts her former lover. Understandably, Jelena doesn't appreciate being stalked. It's not exactly the sort of behavior that will make Jelena change her mind and take Siri back – or is it? Once Siri confesses that she just can't stand being without her and wants to know where it all went wrong, Jelena gets turned on knowing that the ample-bodied blonde misses fucking her that much.
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Jelena's no helpless victim, and her ultimate revenge is reminding her old flame of the breast-caressing, clit-licking sexual experiences they shared. You can't blame Siri for being obsessed with Jelena after watching them in action together.


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Database schema standards
From Joomla! Documentation
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Naming Conventions
General Naming Conventions
There are many conventions used when naming tables or fields, so others are capable of understanding the contents of the table. While there are no absolute conventions, the following are used quite often, with the intention of clearer SQL statements.
- No spaces. Using spaces is highly not advised when naming tables or fields. It makes SQL statements more complicated and harder to understand. In order to identify a gap in between words, underscores could be used. However, the preferred method is the use of Pascal casing.
- Pascal casing. This practice is known by many other names, but will be referred to here as Pascal casing. This involves using a capital letter at the beginning of each new word.
Examples: ExampleTable, TableOfContents
- Singular names. The use of singular names is just a simpler way of writing names. While plural names could be used, singular names are shorter and easier to understand.
Example: Student (as opposed the Students)
- Simple, yet describes the contents of the table or field. Names should be as small as possible, while still giving a user a clear indication of its contents.
- Avoid similar names. When making larger databases, and having many tables, the tables should be clearly identifiable. If 2 or more tables have similar names, consider renaming one of the tables or combining the contents of them both. The same could be said for fields, to a lesser extent.
Table Naming Conventions
Using prefixes. Helpful in distinguishing the different types of tables. While the prefix should be in lowercase, use Pascal casing to begin the next word. There are other types of tables; these are just the more common types. Similar types of naming conventions could be used for the types of tables that are not listed here.
- Data tables.Standard data tables should have the prefix: tbl
Example: tblExample
- Link tables. Tables that link 2 or more data table with a many-to-many relationship should have the prefix: link
Example: linkVendorProduct
Field Naming Conventions
- Using a prefix.
Fields in tables. Prefix should consist of the first 3 letters from table's name. This is to easily identify which field belongs to which table. If any prefixes conflict, then use additional letters for the prefix. For example:
Table name: tblExample Field name: exaField
- Link tables. Due to the nature of link tables, the above prefix doesn't make much sense and is redundant when used in link tables. Instead the same prefix link is used, much like the link tables.
Table name: linkVendorProduct Field name: linkVenID
- Primary keys. The general name of a table's primary key should be the first 3 letters of the table name followed by 'ID'. Similar to the general prefixes for other fields. Depending on the contents of the table, this may vary, however all primary keys should be unique of one another.
Table name: Customer Primary key: cusID
- Foreign keys. Use the standard prefix of 3 letters, but follow it with the referred table's full name, followed by 'ID'.
Table name: Product Reference table: Customer Foreign key: proCustomerID
Data types
There are a number of data types used in databases. The following are the common ones used.
- Integer (int): Integer is a data type that stores whole numbers.
|Storage (Bytes)
|Minimum Value
|Maximum Value
- Float: A float data type is one that holds fractional values. That is they contain a decimal point that can "float" to the left or right depending on exponent. Floats have single precision. When defining a float, the total number of digits and the number of digits after the decimal point is declared.
|Storage (Bytes)
|Minimum Value
|Maximum Value
- Double: Double is a large floating point number. The double data type has double precision and like floats can hold fractional values.
|Storage (Bytes)
|Minimum Value
|Maximum Value
- Bit: Bit is a data type that is used to store bit field values. Bit(M) will store M bit values, where M ranges from 1 to 64. Assigning a value to the bit field data type that is less than M bits long will result in the value being padded on the left with zeros.
- Date: This data type stores the date but no time. The format of the date is 'YYYY-MM-DD'
|Storage (Bytes)
|Minimum Value
|Maximum Value
- Datetime: The datetime data type stores both date and time. The format of datetime is 'YYYY-MM-DD HH:MM:SS'.
|Storage (Bytes)
|Minimum Value
|Maximum Value
|1000-01-01 00:00:00
|9999-12-31 23:59:59
- Time: The time data type stores the time value. The format of time is 'HH:MM:SS'. The hours of the time data type is large because it can be used to display the time of day, elapsed time or the time interval between two events.
|Storage (Bytes)
|Minimum Value
|Maximum Value
- Year: The year data type is used to store the year values. By declaring the year as Year (4) a four digit year is specified. Declaring the year as Year (2) a two digit year is specified.
|Storage (Bytes)
|Minimum Value
|Maximum Value
- Char: The char data type holds strings or text. This data type is a fixed length data type and is declared with the length. The length specifies the maximum number of characters that are to be stored. If the text stored is less than the length then the remaining length is padded with spaces. The total number of storage in bytes is dependent on the length of the characters.
|Minimum Length
|Maximum Length
- Varchar: The varchar data type is like char where it holds text or strings and has its length defined during declaration. However, unlike the char data type, the varchar data type is not fixed length. It is variable length hence the term varchar. This means that if the text stored is less than the length, the remaining length is not padded with spaces.
|Minimum Length
|Maximum Length
ER Notation Standards
The following are required in creating an entity relationship diagram:
- Entities are represented by labelled rectangles. The label is the name of the entity. Entity names should be singular nouns.
- Relationships are represented by a solid line connecting two entities. The name of the relationship is written above the line. Relationship names should be verbs.
- Attributes, when included, are listed inside the entity rectangle. Attributes which are identifiers are underlined. Attribute names should be singular nouns.
- Cardinality of many is represented by a line ending in a crow's foot. If the crow's foot is omitted, the cardinality is one.
- Participation is represented by placing a circle or a perpendicular bar on the line. Mandatory existence is shown by the bar next to the entity for an instance is required. Optional existence is shown by placing a circle next to the entity that is optional.
Cardinality and Relationships
Defining the relationships between entities of a Database Management System (DBMS) is a crucial stepthat must be taken during the design process. They allow the designer and end user to understand how the different entities relate to each other, and understand the connections that exist between them. There are four main components that must be included when defining relationships within a database schema.
The first of these is the relationship itself. This involves identifying the relationships that exist between entities, and connecting them using the primary key/foreign key link where the primary key of one entity matches the foreign key of the other entity in the relationship. If there is no direct relationship between two entities, then they do not need to be connected. Every entity within the database must link to at least one other entity, so there should be no entities that aren't in a relationship (floating entities).
The second component is the relationship names. The relationship names ultimately describe the relationship between entities that have a relationship with another. They are generally short, being 2-3 words long, and are identified during the development of the ER diagram. As shown below, they are placed toward the entity that the relationship name is referring to, as opposed to referring from.
The third component of a relationship is the participation. This describes whether or not entries have to exist within an entity for a relationship to occur. This is usually described by using either a circle (O) for an optional participation requirement, or a pipe symbol (|) for a mandatory participation requirement. Once again, the participation requirement is shown toward the entity that is being referred to.
The final component is the cardinality of each relationship. The cardinality determines how many of each entity in a relationship must exist for that relationship to occur. They are generally represented by a crow's foot link between entities, with the absence of a crow's foot representing a singular instance and the appearance of a crow's foot representing multiple instances, as shown below:
An example using the above information is staff working at a university. Generally, staff members teach at one university, and a university employs many staff members. This case can be represented as:
Here, the relationship between these entities is represented by a single line connecting the two together. The relationship names are "employs" and "teaches at"; explaining that lecturers teach at a university and a university employs lecturers. The cardinality and participation combined state that a university must employ at least one lecturer, but one or more lecturers may not necessarily teach at a university.
Resolving Many-to-Many Relationships
Many-to-many relationships in an ER diagram must not exist when they are implemented into a database, as this can cause some information to be repeated within both tables. The way to fix this problem is to resolve the many-to-many relationship.
The first step in resolving a many-to-many relationship is to create a new entity that is placed between the entities present in the relationship. This entity will then hold the repeating information that appears in both tables, so the information is no longer repeated and can be easily updated.
The next step is to fix the cardinality and participation. This involves creating two one-to-many relationships that link to the new entity. The "many" end of the relationship must always point to the new entity between the two pre-existing entities. For the participation, the pre-existing entities must have a mandatory participation requirement within the relationship, and the new entity can either have an optional or mandatory requirement depending on the information that will be stored within it.
Finally, the link between the two original entities must be created. This simply involves linking each pre-existing entity to the new entity with the primary key to foreign key link by placing the primary key from each pre-existing entity into the new table and considering it as a foreign key.
An example of resolving a many-to-many relationship is shown below:
Original relationship:
Resolved relationship:
Database Terminology
There are a number of terms that may be encountered when researching or designing database schemas. These include:
- Attribute/Field: a characteristic or property of an entity. These will vary depending on the entity, and will generally be characteristics of that particular entity, such as name, age and gender for a person.
- Cardinality: the number of each entity that must exist within a relationship.
- Composite Key: several primary keys that serve as one within a single entity.
- Data: raw information that has yet to be processed, and therefore serves no purpose on its own.
- Data Item: a single cell within a table or entity (one value within a field or attribute).
- Data Type: the type of data that can be inserted into a field or attribute within a table.
- Database Management System (DBMS): a collection of related databases.
- Entity: a person, place, object, event or idea that stores and processes data.
- Entity-Relationship (ER) Diagram: a visual representation of a DBMS.
- Floating Entity: an entity that does not have a direct relationship with another entity.
- Foreign Key (FK): a primary key in one table that is used within another table, and is used to determine the relationship between the entities. These are usually distinguished by showing them in italics in an ER diagram.
- Information: data that has been processed and can be analysed and understood by humans.
- Normalisation: the act of reducing data redundancy by creating more tables or entities to store repeating information.
- Participation: whether the participation in a relationship is optional or mandatory.
- Primary Key (PK): an attribute whose values are unique for each entry. These are underlined when designing ER diagrams to differentiate them from other attributes.
- Record: one row of data entries within a database (one entry per attribute/field).
- Redundancy: when repeating data exists within an entity or table.
- Relational Data Structure: a written representation of the structure of a DBMS.
- Relationship: the association between entities in a DBMS.
- Relationship Name: describes the relationship between entities in an ER diagram.
- Self-Referencing: when an entity has a relationship with itself in a DBMS. An example of self-referencing in an ER diagram is:
- Super-Types and Sub-Types: sub-type entities are entities that exist within other entities to store information that is not needed by other entities. The container for these sub-type entities is called the super-type entity. The sub-type entity inherits all of the attributes of the super-type, but no vice-versa. An example that includes super and sub-type entities is:
- Surrogate Key: a primary key that is automatically generated by a system.
- Table: an entity that has been implemented into a database serves as a table to store information.
- Weak Entity: an entity whose PK is partially or totally derived from another entity.


text:
Participating Banks 2013-2014
Abingdon Banking Center (Branch of Raritan)
Citizens National Bank of Albion
Philo Exchange Bank, Allerton (Branch of Philo)
State Bank of The Lakes, Antioch
Arcola First Bank
The Peoples' Bank of Arlington Heights
Athens State Bank
The First National Bank of Barry
Better Banks, Bartonville (Branch of Peoria)
State Bank of Whittington, Benton
First Farmers State Bank, Bloomington (Branch of Minier)
Peoples Bank of Kankakee County, Bourbonnais
Germantown Trust & Savings Bank, Breese
Buckley State Bank
The Bank of Carbondale
CNB Bank & Trust, N.A., Carlinville
First National Bank in Carlyle
State Bank of Cherry
Buena Vista National Bank, Chester
Highland Community Bank, Chicago
Park Federal Savings Bank, Chicago
Home Federal Savings & Loan, Collinsville
Columbia National Bank
State Bank of Davis
Dewey Bank
Durand State Bank
Citizens Bank of Edinburg
First Clover Leaf Bank, Edwardsville
First National Bank of Dieterich, Effingham (Branch)
Legence Bank, Eldorado
Community Bank of Elmhurst
Farmers State Bank, Elmwood
Goodfield State Bank, Eureka (Branch of Goodfield)
Fairfield National Bank
Fairview State Banking Co., Fairview
The Fisher National Bank
First State Bank of Forrest
State Bank, Freeport
Galena State Bank & Trust Company
German-American State Bank, German Valley
First National Bank in Georgetown
The Gifford State Bank
Glasford State Bank
Southern Trust Bank, Goreville
Havana National Bank
The Harvard State Bank
Henry State Bank
Herrin Security Bank
State Bank of Herscher
First Community Bank of Hillsboro
Farmers & Merchants Bank of Hutsonville
Ipava State Bank
The Farmers State Bank & Trust Co., Jacksonville
Jersey State Bank, Jerseyville
Peoples National Bank of Kewanee
State Bank of Toulon, Kewanee (Branch of Toulon)
North Central Bank, Ladd (Branch of Hennepin
The Farmers Bank of Liberty
State Bank of Lincoln
Litchfield National Bank
First Security Bank, Mackinaw
The Fisher National Bank, Mahomet (Branch of Fisher)
First Bank of Manhattan
Prairie Community Bank, Marengo
The First National Bank, Mattoon
First State Bank, Mendota
Blackhawk Bank and Trust, Milan
Citizens State Bank of Milford
Milford Building & Loan Association, S.B.
Midwest Bank of Western Illinois, Monmouth
DeWitt Savings Bank, Moweaqua (Branch of Clinton)
Brown County State Bank, Mt. Sterling
Scott State Bank, Mt. Zion (Branch of Bethany)
Farmers and Merchants National Bank of Nashville
Town Center Bank, New Lenox
Farmers State Bank of Western Illinois, New Windsor (Branch of Alpha)
State Bank of Niantic
CenTrust Bank, Northbrook
Old Exchange National Bank, Okawville
Heritage Bank of Central Illinois, Peoria Heights (Branch of Trivoli)
Vermillion Valley Bank, Piper City
Port Byron State Bank
Princeville State Bank
Raritan State Bank
The First National Bank of Raymond
Community State Bank, Rock Falls
Gateway Community Bank, Roscoe
Rushville State Bank
Savanna-Thomson State Bank, Savanna
Apple River State Bank, Scales Mound
Security Bank, S.B., Springfield
Bank of Springfield
Farmers State Bank of Sublette
American Midwest Bank, Sycamore
First Neighbor Bank, N.A., Toledo
The First National Bank in Tremont
Villa Grove State Bank
State Bank of Waterloo
Laura State Bank, Williamsfield
Community Bank, Winslow


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Roger Geffen MBE
Roger Geffen MBE
I first became involved in cycling as a volunteer with the London Cycling Campaign in the late 1980s. I then went on to take active roles in various transport and environment groups including the UK's anti-road movement of the early 1990s.
While working in local government, I gained a masters degree in Transport, focusing on walking, cycling and Local Transport Plan policies. I subsequently worked for a while in transport consultancy, specialising in cycling and sustainable transport projects.
I joined Cycling UK (then CTC) in 2002 and have the challenge of persuading the UK's politicians, the media and the wider public of the need for action to improve cycling conditions, while positively encouraging more people to cycle, whether for day-to-day journeys or for recreation. I also support Cycling UK's network of local volunteer campaigners and am a trustee of the Cyclists' Defence Fund
I love hill walking and enjoy classical music and also football – but strictly as a spectator!


text:
49ers cornerback Carlos Rogers says that the Jets quit during Sunday's 34-0 thrashing at MetLife Stadium. Jets coach Rex Ryan says that's not the case.
"I think we have a reputation in this league of being a tremendous defense," Ryan told the media on Wednesday, via Manish Mehta of the New York Daily News. "We didn't play that way. But as far as us quitting, there's no way. That wasn't the case."
But Ryan admits that the Jets got tired, which is equally troubling when it comes to whether the coaching staff has gotten the players ready to play.
"Late in the game, did we get fatigued? I think we did," Ryan said. "I think we wore down a little bit at the end of the game. But there's no quit. You can look at that tape. There's no quit."
Whatever it's called — quitting or fatigue or talent imbalance or a virus that makes guys play like they've quit — it's not good for the Jets or for Ryan. With cornerback Darrelle Revis and receiver Santonio Holmes done for the year, it will take the coaching job of Ryan's life to keep this team from quitting and/or getting tired and/or whatever it's called when the Texans roll into town on Monday, and beyond.


text:
Kelly Layman
Executive Director of Communications
Statement Regarding USF Polytechnic // Chair Ava L. Parker, Florida Board of Governors, State University System
FOR IMMEDIATE RELEASE – November 9, 2011
BOCA RATON, Fla.—The Florida Board of Governors of the State University System late today sitting as the full panel voted on a set of benchmarks that it said must be achieved before independence.Once these benchmarks are achieved, the independence issue would return to the Board of Governors for confirmation that the benchmarks have been achieved and for a final review and approval.
The benchmarks as expressed in the motion are:
• The USF Polytechnic Campus securing of separation accreditation for the branch campus pursuant to s. 1004.345, Florida Statutes;
• After separate accreditation is achieved, Polytechnic shall implement the programs identified in Phase I of the Business Plan upon approval of the programs by SACS (Southern Association of Colleges and Schools). Highest priority for program development and implementation shall be focused on programs in STEM fields, and appropriate discipline-specific accreditation shall be sought.
• Polytechnic must attain a minimum FTE of 1,244 as calculated in the Business Plan, with a minimum 50 percent of that FTE in STEM and 20 percent in STEM-related programs;
• The following facilities and infrastructure shall be in place – the Science and Technology Building, Phase I of the Wellness Center, the modular resident hall (70 beds), and the residence hall (120 beds);
• Polytechnic shall have a full complement of the following services or functions, provided either directly or where feasible through a shared services model – financial aid, admissions, student support, information technology, and finance and accounting with an internal audit function;
• Students shall be given an option to graduate with a diploma from USF, subject to university criteria;
• The Board of Governors shall monitor the development of the campus and its operations, working in collaboration with the appropriate boards, on a semi-annual basis; and
• The Board shall be consulted on any significant change to the Business Plan prior to any action being taken on such change.
Sixteen of the 17 Board members were present for the special full Board meeting session on this first day of the two-day regular Board of Governors meeting, which includes committee meetings. The discussion on this item was nearly four hours. The vote by member is listed below at the end.
Written communications from the past two-plus months from students, faculty, Student Government leaders, Faculty Senate leaders, state legislators, business leaders, former State University System personnel and many others all was provided to the Board members in advance for their review and consideration. Four state legislators provided comments: Senator JD Alexander and Senate President-designate Don Gaetz in person, and Sens. Paula Dockery and Mike Fasano through letters they requested be read into the record. Governor Rick Yost, Ph.D., the faculty representative member of the Board of Governors, and Governor Michael Long, the student representative member of the Board of Governors, both spoke to summarize their discussions with their respective constituencies.
STATEMENT FROM BOARD CHAIR AVA L. PARKER: "First, on behalf of my fellow Board members, I truly appreciate the time and hard work that has been devoted to preparing and evaluating this effort from many parties, particularly from university personnel at USF campuses. The Board today has made a decision that is in the best interest of the State University System, which is experiencing rising student demand amid relative decreasing slots to accommodate those applicants, and a rising ratio that is tipping the tuition burden more toward enrolled and future students. We are committed to sustaining both the quality and value of the State University System of Florida.
"One of the Board's constitutional responsibilities is to ensure a coordinated, accountable State University System. While growth is no doubt in our future, today we provided a set of reasonable benchmarks that USF Polytechnic Campus must reach in order to gain independence. These benchmarks ensure the development of a STEM-focused institution that will meet the growing demand for jobs in our state. The Board of Governors is committed to the support and oversight required to ensure the success of the university."
BACKGROUND: Since a request during the summer from Polk County leaders asking the Board of Governors to fully evaluate USF Polytechnic's future in the State University System, the Board of Governors has had two presentations – one at its September Board meeting, where the Board then asked for both a more detailed array of financial information and an academic transition plan. That second presentation was made at this Board meeting.
13 votes yes: Governors Norman Tripp (maker of the motion); Chair Ava L. Parker; Vice Chair Dean Colson; Dick Beard; Chris Corr; Ann Duncan; Mori Hosseini; Frank Martin; Tico Perez; Gerard Robinson (Commissioner of Education); John Rood; Gus Stavros; Rick Yost, Ph.D. (faculty representative).
3 votes no: Patricia Frost; Michael Long (student representative); John Temple.
Governor Stanley Marshall, Ph.D., is not present for the November Board meetings.
About the State University System of Florida
The State University System of Florida is governed by a 17-member Board of Governors, a constitutional body and led by appointed public servants. The System is comprised of 11 institutions with a total enrollment of more than 320,000 students, making it the fourth-largest public university system in the nation in terms of enrollment (some states have more than one university system). The Florida Constitution (Article IX, Section 7) was amended by the state's voters in 2002 to establish a statewide system of governance for all Florida public universities. As a result, the Florida Board of Governors was created in 2003 to oversee the State University System of Florida. Responsibilities include defining the distinctive mission of each institution and ensuring the well-planned coordination and operation of the System. The Board's 17 members include 14 appointed by the Governor, with three serving by virtue of their designations (a faculty member, a Florida Student Association student representative, and the Florida Commissioner of Education). The Board of Governors appoints a Chancellor who serves as the chief executive and administrative officer of the State University System. For more, including the Board's Annual Report that reflects accountability measurements and benchmarks occurring at each institution, see www.flbog.edu.


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No. 6 Bulldogs Gain Valuable Experience
NEW HAVEN, Conn—The No. 6 Bulldogs launched onto the water in two parts of the northeast this weekend. The Bulldogs sailed at the Women's Finger Lakes Intersectional hosted by Cornell in Ithaca, N.Y., and also at the Regis Bowl hosted by Boston University in Boston, finishing in fourth place at both events.
Four Bulldogs made the long trip to Cornell for the promotional Finger Lakes Intersectional. Saturday dawned with sunshine, which was quite rare across the rain-drenched northeast. Races were sailed in 420s in light breeze. Sunday brought some of the rain that had plagued the rest of the northeast. The breeze didn't fill until later in the day but there was still enough time to complete the twelve-race regatta. The team finished in fourth with 105 points behind Old Dominion University, Dartmouth, and Navy.
Senior Sarah Lihan and junior Elizabeth Brim won A division with 29 points, winning four races and never finishing out of the top five. Lihan sailed in England for the first two weekends followed by a weekend of singlehanded sailing at the Women's New England Singlehanded Championships, which made the Finger Lakes Intersectional her first double-handed regatta of the season. With three years of experience and a couple weeks of practice, Lihan was able to make the switch from singlehanded to double-handed look easy.
In B Division senior Rebecca Jackson and sophomore Stephanie Schuyler had an up and down regatta to finish in seventh with 76 points. They finished in the top five in four races and never finished out of the top 10. Schuyler said, "It was pretty light on Saturday which was frustrating, but it was to be expected when sailing on a lake. The weekend got better as Becca [Jackson] and I got used to sailing together. We have never sailed together before so it took a little while for us to get in sync."
It was the first time the four Bulldogs had been to Cornell and they quite liked the facilities. Schuyler said, "Cornell's venue is gorgeous and very impressive for a club team that does not have the type of funding that s chools with varsity teams have."
In Boston, the Bulldogs received a not so dry welcome by the Charles River. Saturday brought with it soggy sailing conditions as it poured rain for most of the day. Races were sailed in FJs in a southeasterly breeze of five to 10 knots that faded as the day went on. The Charles provided the puffy and shifty conditions that it is known for. Because there were only 10 teams at the regatta, both divisions were sailed together in a combined division with one bye set every rotation. Ten races were sailed throughout the day on Saturday.
Sunday's weather was a bit more agreeable with clouds rather than raindrops but unfortunately the wind seemed to have left with the rain. After being in postponement for three hours, two races were completed in very light conditions. A third race was started but then abandoned due to the nonexistent breeze and the regatta was called at 2:30 p.m. after 12 races. The Bulldogs finished with 212 points in fourth place behind Boston College, Harvard, and Tufts.
Freshman Claire Dennis and sophomore Margot Benedict sailed as the A Division team and finished in seventh overall. They had only one finish outside of the top 10 in 12 races and finished in the top five in two races. Freshmen Emily Billing and Heather May sailed as the B Division team and finished in 14th overall. They had two top-five finishes and seven top 10 finishes.
As the regatta progressed, the Bulldogs were able to adjust to the difficult Charles River conditions, which often leave people scratching their heads. Both teams were able to improve their finishes and had some of their best races towards the end of the regatta.
Next week the Bulldogs will be in action at the Navy Women's Intersectional in Annapolis, Md. With three divisions, the Bulldogs will once again be able to use their depth.
Report filed by Margot Benedict '12, Yale Sports Publicity


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ROMULUS, Mich. - This is much more than a story about a man and his beloved Labrador. It's about life and death.
Cpl. Jeff DeYoung, of Muskegon, survived deployment to Afghanistan while so many others did not. His dog Cena was always ahead of the pack, sniffing out danger -- specifically IEDs.
"This dog saved my life. I trust him more than I trust most human beings," said DeYoung.
Watch the reunion:26348630
His wife Lindsey knows Cena is what brought her Marine home alive from war. Now, the couple has two young daughters and a third on the way.
"I don't know what we would do without that dog," said Lindsey. "Honestly, everything they've been through, everything, you know the fire fights ... the dog saved my husband's life."
Four years ago, Cpl. DeYoung got off a plane and never saw his dog again. However, he never forgot their unbreakable bond while Cena battled more deployments.
"We slept together in fighting holes. We ate the same food. He drank out of my water system. I carried him across rivers. We had a hail storm and a dust storm and I had to cover myself on top of him," said DeYoung. "I am so glad that he recognized me."
That's what makes this reunion so special. The anticipation caught the attention of strangers at Detroit Metro Airport who heard just a small piece of the story.
Mission K-9 Rescue is an organization that reunites soldiers with their service dogs. No matter how many times Kristen Mauer flies in to make these emotional reunions possible, they never get old.
"They're their battle buddies. They protect each other out there and it's just a beautiful sight when they recognize each other for that first moment, and once that happens it's just beautiful," she said.
After so many years apart, DeYoung and Cena have a lot of catching up to do.
"He'll always have an honored place in my family," said DeYoung.
Cena will have great accommodations at his new home. He will be sleeping in a queen-sized bed with the family. They may need to upgrade.
Copyright 2014 by ClickOnDetroit.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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MIDDLEBURY — Monday, July 2, brought this year's Olympic swimming trials to a close. Audience members in Omaha saw some of the most decorated athletes in the world compete for the top three spots in each event, in hopes of taking them to London for the 2012 Olympic Games.
While outstanding times by young swimmers like Missy Franklin and Katie Ledecky were the week's highlights, nothing was publicized in the world of swimming like the friendly rivalry between medal winners Michael Phelps and Ryan Lochte. As the world watches a program devised to celebrate the passion of pure competition, the Olympics become the centerfold of our attention.
The tension of the sport has reached an all-time high. As one of the most attended events at each year's Olympic games, swimming features highly sought after tickets. The fanfare has become so intense that scalpers, including former Israeli Olympic swimmer Yoav Bruck, have allegedly been part of an international black market selling tickets for London 2012.
While the tickets scandal is definitely not good press for swimming, I do appreciate the extra attention being paid to the sport. After swimming competitively for 15 years in front of empty stands, I appreciate that people are more aware of how exciting the sport can be.
Nevertheless, it is easy to forget the simple pleasures of swimming — and athletics as a whole — in the midst of high-stakes competition.
Reflecting on many years of double practices and early mornings, the Olympics have inspired me to re-discover my passion for swimming by experiencing it in a different way. I am embarrassed to say that after all these years I had never swam in an open body of water. Untouched by a new side to an old sport, I was curious to see what lies beyond the confines of the lanes.
Taking to Lake Dunmore with the Middlebury masters swim team, the Muffintops, early last Tuesday morning, I was excited to extend my experience into a realm of swimming that I had never thought much about. I always believed open water swimmers as more intense variety than the rest of us lane swimmers, taking on the elements without the luxury of chlorine.
Diving into the murky, yet surprisingly warm, waters of Dunmore, I was surprised that a feeling of claustrophobia was creeping up on me. Accustomed to the clear lines guiding me at the bottom of the pool, this was an entirely different sensation.
I began to fall into a rhythm as I became more comfortable with my surroundings. With each breath I took, I could see the sun peaking around the mountains that surround the lake, very different than the normal pool surroundings of diving boards and lifeguards.
For beginners and veterans alike, opportunities to break free of the repetitiveness of the pool are all over Vermont. The Northeast Kingdom Open Water Swimming Association promotes and coordinates swims in legendary lakes all over the state. Swimming in open water allows swimmers the unique opportunity to be surrounded by nature while exercising and relaxing the body.
Spots such as Lake Memphremagog (Newport), Lake Seymour (Morgan), and Lake Willoughby (Westmore) attract swimmers from all over the state and beyond to experience their natural beauty, as well as compete in open water swim competitions.
The lack of stopwatches and lap counters gives a swimmer the chance to stop calculating and take the time to really think. As we focus on the competitive nature of sports during the Olympic coverage, we should keep in mind the other important benefits of athletics that are easy to forget.
While I will be religiously watching the Phelps/Lochte rivalry unfold throughout the summer, I will also make an effort to continue to get out into the open lakes. Athletics can be just as much an escape for the mind, as well as an exercise for the body.


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The following seven questions, along with a requested word limit, were asked of each local candidate for the Vermont House.
The questions are not repeated in the context of each candidate's response, but are recalled by subject at the beginning of each answer.
Election Day is Nov. 4.
1) HEALTHCARE: The state's Catamount Health plan is up and running, are you satisfied that it is meeting its goals and, if not, what additional steps should the state take to expand health care coverage? (Maximum 150 words.)
2) ELECTRICITY: The expiration of Vermont's contracts with its two big electricity providers, Hydro-Quebec and Vermont Yankee, is looming. And there are concerns about re-licensing Yankee. What should Vermont do to meet its energy needs? (150 words.)
3) AGRICULTURE: What state-level supports and policies regarding family farms would you promote as a legislator? (150 words.)
4) PROPERTY TAXES: The idea of a property tax cap to limit the rise in school spending has been suggested, but such reductions in funds could diminish the quality of education in our schools over time. How do you solve that dilemma? (150 words.)
5) HEATING: Vermonters are worried about how they will pay to heat their homes and gas up their cars this winter. What can the Legislature and state government do to help? (150 words.)
6) ECONOMY: State government is cutting back as tax revenues fall short of expectations. What can state government do to improve the Vermont economy? (150 words.)
7) SINGLE ISSUE: Discuss an issue of importance to you that you would work to address if elected. (100 words.)
By KATHRYN FLAGG
BRISTOL — After serving as a local civic leader for years, lifelong Bristol resident John "Peeker" Heffernan, 46, has turned his eye on statewide politics for the first time.
The current selectman and fire chief is throwing his cap into the ring in the race for a seat in the Vermont House of Representatives, running as a Republican against Addison-4 Representative District incumbents Michael Fisher and David Sharpe, both Democrats.
Heffernan came to the decision to run just weeks ago, he said, after weighing the advice of close friends, family members and neighbors.
"There are a number of people whose opinion I value, and I've spoken with them," said Heffernan. "The first question is, 'Do you feel that I can do this job and do it adequately?' And I haven't had anybody tell me that they don't think that I should do it, that they don't think that I can get a handle on how it works and do a good job."
Heffernan is no stranger to civic leadership. He's served on the Bristol selectboard since 2001. Before joining the selectboard he sat on the town's equipment committee, and he's also headed up the Bristol Recreation Club as president. And, after 18 years as a volunteer firefighter with the Bristol fire department, he was elected the department's fire chief in January.
His term as selectman is up this year — but regardless of the outcome of the state race, he hopes to continue to play a role in local politics.
"No matter what happens I'll still be looking to represent the people of Bristol on the selectboard," said Heffernan.
His experience on the selectboard has been a positive one, he said.
"I didn't have an agenda when I got on, and I still don't," said Heffernan. "I got on to try to make a difference for Bristol."
That same philosophy applies to his candidacy for state office.
Will Stevens and John Hill are the candidates for the seat in the Addison-Rutland-1 district, which includes Orwell, Shoreham, Whiting and Benson.
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As the Candidates File: 8th CD
July 15, 2011 Leave a comment
We're still waiting on Dave Crooks to file a report but thought we'd go ahead and post the numbers we've got and update with Crooks when it is posted.
Bucshon – $208,110 Raised, $195,971 Cash on Hand
White – $17,150 Raised, $100,000 Personal Loan, $111,317 Cash on Hand
Bucshon had a good fundraising quarter but his cash on hand advantage was brought down a notch by a $100,000 personal loan from Terry White to his campaign. That said, Bucshon still has a significant cash on hand advantage and, luckily for Bucshon, it looks like the Democrats will spend their money on a primary. We doubt Terry White will have another $100,000 to throw at a General Election campaign IF he makes it through the primary.


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On November 24th 2010, the FDIC issued its final guidance and supervisory expectations for overdraft payment programs (see... Read more
On the Origin of Income
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To Disclose, Or Not To Disclose
With the implementation of Regulation E, it appears that the dynamics associated with a financial institution's overdraft program yet... Read more
What Lessons Can Be Learned from the Wells Fargo $203M Lawsuit
On August 10, 2010, a large "ripple" emanating from San Francisco was felt throughout the banking world. The "ripple" was caused... Read more
Wireless WAN Security
Banks have an ever-increasing need for Wide Area Network (WAN) services to transfer information among their central locations, branches... Read more
How to Interpret the Latest FDIC Proposed Overdraft Program Guidance
Late last week the FDIC came out with their FIL-47-2010, which detailed its latest supervisory expectations, and asked for comment on them... Read more
The Inevitable Conversion: Achieving Faster Return on Investment
Whether banks approach them as positive or negative, technology conversions are inevitable at every institution. Each year, nearly 1,100... Read more
Core Deposits More Critical than Ever to Bank Profitability
The financial services market continues to be fragmented, with profitable customers sharing their wallets among two, three, or sometimes... Read more
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Are You Ready for an Operational Risk Management Solution?
So you survived the chaos of 2009 but it's time to fast-forward to 2010. How about focusing the second half of 2010 on delivering value... Read more
Seeing Versus Knowing: Why Corporate Governance Has Been Perceived as Failing Lately
The press has been talking about it for a while. If you Google it, you find almost a half million hits: try it- corporate governance failure-... Read more
Capital Planning: At a minimum, each organization's Capital Plan should address the organization's current and future capital requirements.
At a minimum, each organization's Capital Plan should address the organization's current and future capital requirements. Read more
Focus on Succession Planning
Given the current state of the economy, it's no surprise that many financial institutions are re-evaluating their current staffing structure... Read more
Vendor Management
It may be understandable that with many of the issues taking place in the industry today that vendor management might be far priority list... Read more
Keep Checking the Rear View Mirror to Avoid Disaster: Objects in our industry's mirror change on a rear-view basis.
Objects in our industry's mirror change on a rear-view basis. Read more
The Importance of Technology in Managing Your Institution's Liquidity
Liquidity management has evolved from a minor element of risk execution to its current status as one of the four risk management areas... Read more
Gen Y in Community Banking
We hear a lot about Gen Y – the Millennials, the Echo Boomers, the Net Gen. They are between the ages of 15 and 32, and at about 70 million... Read more
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By: Curtis Carpenter on
Although the banking industry continues to labor under the weight of billions in nonperforming assets, we think we can spot some early signs... Read more
2010 Industry Outlook
by Curtis Carpenter. Nonperforming assets and problem banks... Read more
Risk Management (Formally) Drives into the Boardroom
Don't be surprised if you see various rules regarding Board responsibilities, specifically those issued by the Securities and Exchange... Read more
A Fair Lending Compliance Update for Directors
Directors are expected to provide oversight on the quality of bank's management attention to this important area of regulatory compliance... Read more
- Previous Content


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Jeans are basic pieces in every woman's wardrobe. Jeans are perfect for a multitude of casual occasions, offering high comfort and style to their wearer. A well-chosen pair of jeans can emphasize your assets and trickily camouflage your body flaws. If you are not pleased with your feminine curves, you can find some excellent jeans styles that help you to visually elongate your figure and feel sexy and confident in your own skin. Knowing your individual body type you can select the perfect fit more easily. The ideal jeans will bal... Read More


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In Hollywood, I imagine, the two sincerest forms of flattery are imitation and left-liberalism. As I suggested yesterday, Argo clinched its Oscar for best picture through the flattery of a left-liberal introduction and conclusion to its story about revolutionary Iran. But let's not overlook the opening scene from Lincoln which, in my opinion, strikes the only false notes in this brilliant film.
That scene features an African-American soldier, in the aftermath of a bloody battle, complaining to Lincoln about pay disparities between black and white soldiers and, more generally, the absence of equal rights. Did such a conversation occur? Conceivably, but the complaining soldier seems like a time traveler, transported from a college campus in the 1960s.
The first scene closes with two white soldiers who happened to be present when Lincoln delivered the Gettysburg Address. They recite to Lincoln the first part of the speech. When the white soldiers exit to join their company, a black soldier takes up the recitation.
This fragment surely is fiction. The Gettysburg Address was not an "instant classic" and its wording would not have been known to any soldier, black or white, not in attendance.
Why did Lincoln open with this scene? Probably for the same reason Argo opened with its standard-issue liberal account of the rise of radical Islam in Iran — to meet the political correctness imperative.
In the case of Lincoln, the imperative was to bring heroic African-American characters into a movie about a Constitutional Amendment to ban slavery. To be sure, African-Americans appear in the course of the plot. But they appear as servants and a mistress. These characters are noble enough, but they aren't superheroes.
Bringing black soldiers, fresh off of a military victory, into the movie bridges that gap. And having one of them remind Lincoln how far from equality African-Americans will remain after the war precludes excessive self-congratulation over passing the Thirteenth Amendment. Let's not kid ourselves; Lincoln was great, but America will remain rotten for quite some time.
Finally, the recitation of the Gettysburg Address by black and white soldiers shows that, even though America will remain rotten, the seed has been planted for a "new birth of freedom." "Progressives," eventually, will take it from there.
As with Argo, the flattery is complete. The filmmakers have touched all of the left-liberal bases and can now get on with telling their story and hoping for that Oscar.
Here is Lincoln's opening scene.


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The New Bern Board of Aldermen will consider a new city marketing proposal offered through the N.C. Certified Retirement Community Program.
The New Bern Board of Aldermen will consider a new city marketing proposal offered through the N.C. Certified Retirement Community Program.
Aldermen voted 6-1 to consider an application to the N.C. Department of Commerce to be part of the program. Alderman Victor Taylor opposed the move.
Andre Nabors, tourism development manager for the N.C. Division of Tourism, Film and Sports Development, gave alderman a presentation Tuesday of the N.C. Certified Retirement Community Program that was started in 2008 as a pilot program in Lumberton. The state tourism division started marketing the retirement program in 2011, he said.
The N.C. Certified Retirement Community Program is a marketing tool using a state website to attract retirees and visitors to communities.
The goal of the program is to promote North Carolina as a preferred retirement destination; assist communities in development and marketing as attractive retirement lifestyle locations; assist those communities to promote economic development and create jobs; and to encourage mature market travel to the state.
To be eligible as a N.C. Certified Retirement Community, a town, city or municipality has to be incorporated, within 30 miles of a hospital or emergency medical services, establish a retiree attraction committee, create a marketing and public relations plan and a long-term community plan, Nabors said.
It will also cost the city $10,000 to apply for the program, or 50 cents per person in the city, whichever is greater. The city would be allowed to partner with other entities including the New Bern Convention and Visitors Bureau to finance and implement the program.
Taylor was opposed to the idea.
�I�d like to know how the city would benefit,� Taylor said.
New Bern is already a visitor and retirement community, he said.
Nabors said the city would benefit by reaching people who may come to New Bern four or five times, and even if they don�t retire in New Bern they would bring an economic boost to the city, he said.
�We have no problem getting retirees to come here,� Taylor said. �They already come to New Bern.�
Taylor said the money to apply for the five-year program could be used on economic development.
Alderman Bernard White asked how the program could keep New Bern thriving.
Nabors said the website would attract active retirees who would come into a community and may start a business, volunteer their services or continue their educations, and more retirees would bring more businesses.
Mayor Lee Bettis said Alderman Denny Bucher �could be a poster child� for the program. Bucher retired to New Bern and started three businesses, Family Tire Auto in New Bern Morehead City and Jacksonville.
Alderman Dana Outlaw said he would have to see what other cities in the program have done and asked what other states have similar programs.
Nabors said Mississippi, Tennessee, Texas, Louisiana, Nevada and Arizona all have programs. There are six cities in North Carolina participating, he said.
North Carolina generated $19.4 billion in visitor spending in 2012, Nabors said. That was a 56 percent increase since 2002, he said.
Visitor spending last year generated $970.4 million state tax revenues and $579.4 million in local tax revenues across the state, Nabors said.
Alderman Sabrina Bengel said the N.C. Certified Retirement Community Program was a marketing tool that would give New Bern greater exposure than it gets now.
Epperson said the goal of the city�s branding campaign was to attract more businesses, visitors and residents to New Bern, and marketing for retirees was something the campaign could have done.
Last year, the city budgeted $82,000 to hire North Star to research and propose a possible marketing brand for New Bern. There was also $75,000 budgeted for the city to implement the brand.
Epperson said he would pursue potential partners to help with the application fee and present his findings to the board at a later date.
Bettis supported the N.C. Certified Retirement Community Program.
�I think as many people who can find out about our coastal river culture as possible the better,� he said.
Eddie Fitzgerald can be reached at 252-635-5675 or at firstname.lastname@example.com. Follow him on Twitter @staffwriter3.