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As provided in section 551.708 of title 5, Code of Federal Regulations (CFR), this decision is binding on all administrative, certifying, payroll, disbursing, and accounting officials of agencies for which the U.S. Office of Personnel Management (OPM) administers the Fair Labor Standards Act (FLSA). There is no right of further administrative appeal. This decision is subject to discretionary review only under conditions and time limits specified in 5 CFR 551.708 (address provided in 5 CFR 551.710). The claimant has the right to bring action in the appropriate Federal court if dissatisfied with the decision. The agency should identify all similarly situated current and, to the extent possible, former employees, and ensure that they are treated in a manner consistent with this decision as provided for in 5 CFR 551.708.
On July 27, 2009, OPM's Center for Merit System Accountability, now Merit System Audit and Compliance, received an FLSA claim from Ms. Barbara R. King regarding the time she served as the Sexual Assault Prevention and Response Program Manager (SARC) at SAFB, Texas. We received the agency administrative report (AAR) on September 22, 2009, and an email from the claimant on October 4, 2009, commenting on the AAR. We have accepted and decided this claim under section 4(f) of the FLSA of 1938, as amended, codified at section 204(f) of title 29, United States Code (U.S.C.).
In reaching our FLSA decision, we have carefully reviewed all information furnished by the claimant and the agency, including information obtained from telephone interviews with the claimant, both of her first-level supervisors during the period of her claim, the Air Education and Training Command Sexual Assault Response and Prevention Coordinator, and pertinent Air Force program documentation.
The claimant states her role working with victims for the "response" portion of her job should be categorized as a "First Responder" and meets "the requirements of Department of Labor's [DoL] first responders and the Part 541 Exemptions under the Fair Labor Standards Act (FLSA)." She requests: (1) she "[r]eceive retroactive premium pay for working "administratively uncontrollable overtime" with interest for the Period [sic] 1 Oct 07 through 29 Feb 09;" (2) "[r]estoration of credit hours/compensation lost;" (3) "[c]onsideration of position to determine if status was on call, on call back or stand by and any back pay/credit available;" and (4) "[r]esearch if position should remain fully exempt, non-exempt, or be exempt for management and program responsibilities and be non-exempt for periods of emergency after-hours work."
The claimant also asks OPM to: (1) "[a]ssess" if DoD follows the rules for FLSA exempt positions in having to use accrued leave "(annual, sick, comp time, credit hours) for absences from work that are shorter than a full day;" (2) determine how exempt Department of Defense (DoD) employees are charged for short absences from work; (3) determine "[i]f short absences should have been time off without charge to leave, restore leave taken with a credit to [her] leave balance;" (4) review the SARC and Sheppard AFB workload data to determine whether it is exempt or nonexempt "during the periods of emergency response to victims" stating the "DoD [Department of Defense] Instruction lists the SARC as both a manager, professional and a First Responder;" (5) return any "used leave (annual, sick, used comp time, credit hours) or otherwise compensate [her] for time taken off using accrued leave for periods of less than one full day;" (6) pay "the differential for overtime worked with interest" if the "position/function is evaluated to be non-exempt;" and (6) if the work is found to qualify for " 'stand by' duty pay and such pay be given with other pay/allowances; calculate percentage and pay out for the period 1 Oct 07 through 29 Feb 09 with interest."
The claimant further asks OPM to: (1) "properly" code the SARC position for "future employees with Air Force and Department of Defense; ensure they are informed of the status requirements for the position, and offered premium pay, standby duty pay and other compensation commensurate with the position requirements;" (2) "publish the results of this inquiry" to DoD full-time SARCs and their supervisors, human resources offices, timekeepers and "program managers so they may apply for any compensation personally due to them;" and (3) "waive the period of the claim to allow it to be retroactive to the start date as the SARC, or the beginning of the SARC Program implementation DoD-wide if the individual came into the program as one of the initial trained SARCs for their installation."
General issues
In addition to seeking redress for herself, the claimant seeks to use this decision to remedy what she appears to believe are programmatic issues concerning the compensation SARCs receive Air Force- and DoD-wide. However, because the designation of an employee as FLSA exempt or nonexempt ultimately rests on the duties actually performed by the employee, we cannot consider the exemption status of other employees or positions in making our decision. See 5 CFR 551.202(e). Under 5 CFR 551.702(a), a claimant may file a "claim challenging the correctness of his or her FLSA exemption status determination [emphasis added]." Therefore, this decision will not address or respond to the issues raised by the claimant concerning other employees or the broad programmatic issues she seeks to raise that are not covered by the FLSA claims adjudication process.
Period of the Claim
As provided for in 5 CFR 551.702(b), FLSA pay claims are subject to a two-year statute of limitations, except in cases of willful violation where the statute of limitations is three years. In her claim request, the claimant states: "I am not sure of what evidence, if available, that the claim period was preserved in accordance with the time limits in 5 CFR 551.702 is required to assert my claim within the time limits or if this communication fulfills this requirement." Therefore, since the claimant has provided no evidence she preserved her claim with her agency prior to filing with OPM, we find the claim was preserved effective July 27, 2009, when it was received by OPM. The claimant identified the period of her claim to be October 1, 2007 through February 29, 2009. Therefore, the entire period of the claim identified by the claimant falls within the two-year statute of limitations provided for in 5 CFR 551.702(b).
We note the appellant asks us to waive the period of the claim. The FLSA does not merely establish administrative guidelines; it specifically prescribes the time within which a claim must be received in order to be considered on its merits. OPM does not have any authority to disregard the provisions of the FLSA, make exceptions to its provisions, or waive the limitations it imposes.
Position Information
The AAR includes a copy of AF Standard Corps Personnel Document (SCPD) 9G816 classified initially as Sexual Assault Prevention and Response Program Manager, GS-101-12. The cover sheet shows the original classification crossed out and replaced by YA-0101-02. The SCPD cover sheet states "Conversion Effective Date: 21 Jan 2007" and "NOTE: THIS PERFORMANCE PLAN IS SUPERSEDED [sic] BY NSPS [National Security Personnel System] REGULATIONS EFFECTIVE: 01/21/2007." In her response to the AAR, the claimant states she did not work under the SARC position description (PD) provided in the AAR: "The PD cover sheet clearly states that the position description became invalid when NSPS was enacted. I worked under objectives and goals designed by my supervisor and I and those are reflected on my Performance Appraisals of record by my supervisors (Col Kris Beasley and/or Col David Norsworthy)."
We do not agree. The SCPD functions as both PD and performance plan. While the claimant's SCPD performance plan was superceded by an NSPS performance plan, the PD portion of the SCPD remained intact. Notification of Personnel Action, Standard Form 50, provided in the AAR shows the claimant occupied PD 9G816 until July 19, 2009, when she was placed in another position. The AAR includes a statement signed by the claimant and her supervisor on September 18, 2009[1], that "SCPD Number 9G816 is complete and accurate" with a note added by the claimant: "This is the core document; under NSPS I also worked under goals created by my supervisor." We also find the major duties and responsibilities in PD 9G816 consistent with the performance expectations outlined in the DoD NSPS performance appraisal (DD Form 2906) provided by the claimant.
DD Form 2906 shows three primary "job objectives:" (1) "manage the Sexual Assault Response for Sheppard AFB;" (2) "[d]evelop and implement a Sexual Assault Prevention Training Program" in accordance with DoD Instruction 6495-2; and (3) function as a supervisor over the staff assigned to her. The first duty is shown as occupying 50 percent of the claimant's time, the second duty 35 percent of the time, and the third duty 15 percent of the time.
These objectives mesh closely with the major duties listed in the PD of record. Duty 1 states the claimant serves as the installation's SARC "developing and managing prevention and support programs and activities for sexual assault and other areas of interpersonal violence and victim needs, as directed by the commander." Among the functions listed under this duty are: developing plans, programs, guidelines, and budgets; assessing the installation's need for the establishment and/or modification of processes, procedures, contacts, and training to carry out the program and meet program objectives; developing and/or modifying installation plans, milestones, and evaluation measures to ensure meeting goals and objectives; developing and implementing a communication strategy to expand awareness of sexual assault and, in conjunction with the Family Advocacy Office (FAO), domestic violence; developing opportunities for command emphasis on core values and positive behavior; seeking, analyzing, and documenting input from interested parties about the program and making recommendations to concerned program officials including the vice commander and headquarters level program manager, as appropriate, for modifications to the Air Force program and practices; evaluating procedures, results, relationships, and interactions to improve mission accomplishment, implement quality improvements, or in response to concerns about statutory and regulatory compliance and/or customers requirements; and ensuring compliance with reporting requirements defined in the implementing instructions.
Duty 2 states the claimant ensures the development and implementation of prevention programs relating to sexual assault. Among the functions listed under this duty are: participating with the Family Advocacy Program Manager in domestic violence prevention activities; serving as an advisor to the Community Action Information Board and the commander's consultant on institutionalizing core values; consulting on and coordinating activities in other areas of human relations needing prevention efforts; serving as the point-of-contact for ongoing prevention, education, and training for all base personnel, leadership, and deploying personnel; ensuring the delivery of mandatory training and assessing needs specific to the installation population; assisting individual commanders in identifying unit training needs; identifying the need for and sources of training and obtaining or providing the training; providing and/or obtaining initial and ongoing training of volunteer victim advocates (VA); and assisting in or providing training for first responders to sexual assault reports.
Duty 3 states the claimant develops, implements, and maintains an installation victim support system. Among the functions listed under this duty are: developing a response system which may include a sexual assault response team approach; ensuring use of the case management system required by DoD directive and AF instruction; contacting and arranging for the full range of installation support services; e.g., medical, security and chaplain, and off-base services; e.g., crisis centers and community support groups, needed to support the needs of individual alleged victims and the program to ensure the availability of 24-hour victim advocacy services; ensuring the availability of trained volunteer VAs "24 hours each day and 365 days a year"; recruiting, screening, interviewing, and selecting VAs from military members, AF civilian employees, and AF spouses, informing the wing commander of selections; periodically assessing VA training needs; evaluating VAs' level of knowledge; developing a VA recognition program; and assigning individual VAs to victims or ensuring a system of assignment is in place. Other listed functions include: supporting victim needs through VAs and ensuring the continuity of care, including support if the victim moves to another installation or leaves the AF; publicizing and advertising reporting procedures for sexual assault in particular; ensuring information on both on- and-off-base assistance is available; serving as on-scene representative to coordinate the efforts of investigating agencies and VAs; keeping victims and other appropriate personnel informed of case status; working with military and civilian law enforcement units to establish protocol and procedures to ensure 24-hour notification of a VA in all incidents of alleged sexual assault, participation in safety planning, and establishment or modification of safety measures; developing Memorandums of Understanding with appropriate authorities and community resources to ensure a desirable standard of care for AF personnel seeking off-base support; interfacing with FAO staff to facilitate shared prevention efforts; and interfacing with local and State authorities and other AF Major Commands as appropriate.
Duty 4 states the claimant serves as the installation commander's consultant for all sexual assault issues and represents the commander and vice commander on committees, working groups, at conferences, and in community meetings. The claimant keeps the vice commander informed of issues, program status, areas in need of improvement, etc., as well as case management and installation climate, and the status of victim care and any assistance needed that is not being provided by base agencies.
The first duty is shown as occupying 30 percent of the claimant's time, the second duty 30 percent of the time, the third duty 20 percent of the time, and the fourth duty 20 percent of the time.
Evaluation of FLSA Coverage
The claimant refers to and relies on having her "response" work in dealing with victims, during and after hours, as properly categorized as a "First Responder" meeting the requirements of DoL's "First responders and the Part 541 Exemptions" under the FLSA. However, as a Federal employee, the claimant is subject to the FLSA regulations issued by OPM in part 551 of 5 CFR as provided for under 29 U.S.C. 204(f). OPM's administration of the FLSA must comply with the terms of the FLSA but the law does not require OPM's regulations to mirror the Department of Labor's FLSA regulations. OPM's administration of the FLSA must be consistent with DOL's administration of the FLSA only to the extent practicable and only to the extent that this consistency is required to maintain compliance with the terms of the FLSA.
Case law indicates that due to the peculiar nature of the statutory framework surrounding federal employment, it is reasonable for OPM's regulations to vary from Labor Department standard. See e.g., Billings v. United States, 322 F.3d 1328 (Fed. Cir. 2003). As such, the law does not require OPM's regulations be perfectly consistent with DOL's FLSA regulations. OPM regulations are controlling for covered Federal employees as Congress gave OPM independent authority to regulate FLSA for covered Federal employees. While there is legislative history indicating that OPM should administer the FLSA "in such a manner as to assure consistency" with DOL regulations and policies, there is no such requirement in the FLSA itself. While OPM attempts to be consistent with DOL's FLSA regulations, generally OPM utilizes FLSA guidance from DOL for instructive purposes only. Thus, the claimant is not covered by and may not rely on DoL's FLSA regulations to advance her claim.
Sections 551.201 and 551.202 of title 5 CFR require an employing agency to designate an employee FLSA exempt only when the agency correctly determines that the employee meets one or more of the exemption criteria. In all exemption determinations, the agency must observe the following principles: Each employee is presumed to be FLSA nonexempt. Exemption criteria must be narrowly construed to apply only to those employees who are clearly within the terms and spirit of the exemption. The burden of proof rests with the agency which asserts the exemption. If there is a reasonable doubt as to whether an employee meets the criteria for exemption, the employee should be designated FLSA nonexempt. The designation of a position's FLSA status ultimately rests on the duties actually performed by the employee. Our analysis of the claimant's duties follows. Because the claimant's duties did not substantially change during the claim period, and in the interests of providing a complete analysis of the claim, we have analyzed the claim under the applicable versions of the regulations in effect during the claim period.[2] Neither the claimant nor the agency asserts the claimant's work was covered by the professional exemption as detailed in 5 CFR 551.207 and, based on careful review of the record, we agree. Therefore, our analysis will be limited to the executive and administrative exemptions in effect during the period of the claim.
I. Executive Exemption Criteria
A. 1998 Regulations
Under the executive exemption criteria in 5 CFR 551.205 (1998), in effect at the beginning of the claim period, an executive employee is a supervisor or manager who manages a Federal agency or any subdivision thereof (including the lowest recognized organizational unit with a continuing function) and customarily and regularly directs the work of subordinate employees and meets both of the following criteria: (a) the primary duty test, and (b) the 80 percent test.
The agency states the claimant's SARC position is a supervisory position which satisfies the executive exemption criteria because:
she customarily and regularly directed the work of …[the] Deputy SARC [a military officer], and …[the] Sexual Assault Prevention and Response Assistant, 2 full-time employees. She also directed the work of…a reservist, and some 20 Victim Advocates. Additionally, she has the authority to make personnel changes that included but were not limited to selecting, removing, advancing in pay, or promotion of subordinate employees, or had the authority to suggest or recommend such actions; and customarily exercised discretion and independent judgment in such activities as work planning and organization, work assignment, direction, review and evaluation, and other aspects of management of subordinates, including personnel administration.
In contrast, the claimant states her authority over the Deputy SARC identified in the AAR "was severely limited and did not include the authority to discipline, remove, promote or reassign." The claimant states she had limited supervisory authority over the reservist and that she had no input to the reservist's "appraisal/job review." The claimant also states the Sexual Assault Prevention and Response Assistant was "on extended sick-leave during 2007-2008 and upon her return was detailed to another position" not under the claimant's supervision.
(a) The primary duty test is met if the employee:
(1) has authority to make personnel changes that include, but are not limited to, selecting, removing, advancing in pay, or promoting subordinate employees, or has authority to suggest or recommend such actions with particular consideration given to these suggestions and recommendations; and
(2) customarily and regularly exercises discretion and independent judgment in such activities as work planning and organization; work assignment, direction, review, and evaluation; and other aspects of management of subordinates, including personnel administration.
The primary duty test is not met.
The record shows the claimant directed a recognized organizational unit. However, the appellant did not supervise two or more employees as defined in the FLSA required to meet the executive exemption. Under 5 CFR 551.104, employee is defined, inter alia, as a person who is employed as a civilian in an executive agency as defined in 5 U.S.C. § 105 or as a civilian in a military department as defined in 5 U.S.C. § 102. Under 5 CFR 551.103(b)(4), a member of the Uniformed Services is not covered by the FLSA. Therefore,the military staff cited by the agency, including the Deputy SARC and the reservist, may not be considered as employees for purposes of the FLSA.
Under 5 CFR 551.103(b)(3), a volunteer is not covered by the FLSA and, thus, may not be considered an employee for purposes of the FLSA. As defined in 5 CFR 551.104, a volunteer means a person who does not meet the definition of employee and who volunteers or donates his or her service, the primary benefit of which accrues to the performer of the service or to someone other than the agency, and under which circumstances there is neither an expressed nor implied compensation agreement. Services performed by such a volunteer include personal services that, if left unperformed, would not necessitate the assignment of an employee to perform them.[3] Thus, VAs are volunteers under the FLSA and may not be considered as employees for purposes of applying the executive exemption to the claimant's work.[4] The Sexual Assault Prevention and Response Assistant was the only employee who was supervised by the claimant under the provisions of the FLSA.
(b) The 80 percent test makes special provisions for employees in positions properly classified as GS-5 or GS-6; firefighting or law enforcement employees in positions properly classified at GS‑7, GS-8, or GS-9 who are subject to section 207(k) of title 29 U.S.C.; and supervisors in Federal Wage System positions classified below situation 3 of Factor 1 of the Federal Wage System Job Grading Standard for Supervisors. These employees must spend 80 percent or more of the work time in a representative workweek on supervisory and closely related work to meet this test.
The 80 percent test in 5 CFR 551.205(b) is not appropriate for the claimant's position.
Thus, we conclude the claimant did not meet the executive exemption under the 1998 regulations.
B. 2007 Regulations
Under the current FLSA regulations, effective October 17, 2007, 5 CFR 551.205 provides:
(a) an executive employee is defined as an employee whose primary duty is management (as defined in 5 CFR 551.104) of a Federal agency or any subdivision thereof (including the lowest recognized organizational unit with a continuing function) and who:
(1) Customarily and regularly directs the work of two or more other employees; and
(2) Has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees, are given particular weight.
(b) Particular weight. Criteria to determine whether an employee's suggestions and recommendations are given particular weight by higher-level management include, but are not limited to: Whether it is part of the employee's job duties to make such suggestions and recommendations; the frequency with which such suggestions and recommendation are made or requested; and the frequency with which the employee's suggestions and recommendations are relied upon. Generally, an executive's suggestions or recommendations must pertain to employees whom the executive customarily and regularly directs. Particular weight does not include consideration of an occasional suggestion with regard to the change in status of a co-worker. An employee's suggestions and recommendations may still be deemed to have particular weight even if a higher level manager's recommendation has more importance and even if the employee does not have authority to make the ultimate decision as to the employee's change in status.
As defined in 5 CFR 551.104, management means performing activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or financial records for use in supervision or control; appraising employees' productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment, or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures.
The claimant's work did not meet the executive exemption criteria under the current regulations. Her primary duties did not constitute management as defined in 5 CFR 551.104 because she did not fully perform any of the activities listed. Although she directed the work of Federal civilian employee VAs, as previously discussed the VAs were volunteers for purposes of the FLSA and, thus, cannot be considered employees for purposes of 5 CFR 551.104 or 5 CFR 551.205. Also as previously discussed she did not customarily and regularly direct the work of two or more other employees as defined for purposes of the FLSA.
Thus, we conclude the claimant did not meet the executive exemption under the 2007 regulations.
II. Administrative Exemption Criteria
Under the administrative exemption criteria contained in 5 CFR 551.206 (1998), in effect at the beginning of the claim period, an administrative employee is an advisor or assistant to management, a representative of management, or a specialist in a management or general business function or supporting service and meets all four of the following criteria:
(a) Primary duty test. The primary duty test is met if the employee's work (1) significantly affects the formulation or execution of management programs or policies; or (2) involves management or general business functions or supporting services of substantial importance to the organization serviced; or (3) involves substantial participation in the executive or administrative functions of a management official.
(b) Nonmanual work test. The employee performs office or other predominantly nonmanual work which is (1) intellectual and varied in nature; or (2) of a specialized or technical nature that requires considerable special training, experience, and knowledge.
(c) Discretion and independent judgment. The employee frequently exercises discretion and independent judgment, under only general supervision, in performing the normal day-to-day work.
(d) 80-percent test. In addition to the primary duty test that applies to all employees, General Schedule employees in positions properly classified at GS-5 or GS-6 (or the equivalent level in other white collar pay systems) must spend 80 percent or more of their work time in a representative work week on administrative functions and work that is an essential part of those functions to meet the 80-percent test.
The primary duty test is met.
The first element of the primary duty test is met because the claimant's primary and paramount SARC function was to formulate and execute the local SARC programs, including its policies. As defined in section 5 CFR 551.104 (1998), formulation or execution of management programs or policies means work that involves management programs and policies which range from broad national goals expressed in statutes or Executive orders to specific objectives of a small field office. Employees make policy decisions or participate indirectly, through developing or recommending proposals acted on by others. Employees significantly affect the execution of management programs or policies typically when the work involves obtaining compliance with such policies by other individuals or organizations, within or outside of the Federal Government, or making significant determinations furthering the operation of programs and accomplishment of program objectives. Administrative employees engaged in such work typically perform one or more phases of program management (that is, planning, developing, promoting, coordinating, controlling, or evaluating operating programs of the employing organization or of other organizations subject to regulations or other controls).
The claimant's supervisors stated they relied on the claimant to manage the SARC program on their behalf. To this end, the claimant determined how to plan and structure the program's work, including how to use the VAs and her assigned military staff, including deciding who would respond to telephone calls from victims, and who would accompany victims transported for medical or other emergency treatment or meet them at the treatment site. These decisions included deciding to who would carry and respond to the victim hot line cell phone and who would be assigned to each new case. The claimant estimated a new case arose every nine days. The claimant's program management duties also included planning and executing the large-scale training program needed to reach the large military student population of approximately 5,000 on-base at any time and a base population of approximately 15,000 active duty personnel, students, and others. She determined how to brief approximately 250 new airmen each week, deciding on the resources needed to conduct the briefings and how to structure the briefing to reach the intended audience. The claimant's performance standards reflect these program management responsibilities. In addition to managing the response to sexual assaults, described in the claimant's PD as occupying 50 percent of her time, the performance plan states the claimant would:
Develop and implement Sexual Assault Training Prevention Training Program IAW DoDI 6495-2. Provide effective awareness education to the base population, first responders, and post trauma support agencies, focusing especially on Airmen-in-Training, our most at-risk-population. Develop and use creative techniques and methods to help improve effectiveness. Annually conduct Sexual Assault awareness activities and establish professional relationships with on- and off-base agencies and assist with victim advocacy groups to educate, track trends and promote Sexual Assault awareness.
The claimant's efforts to treat her hands-on victim support duties as a separable primary duty is misplaced. For purposes of the FLSA, primary duty is singular and establishes the primary and paramount purpose of the employee's work. Although discussed in relationship to supervisory duties in the 1998 regulations, activities in which both workers and supervisors are required to engage themselves are considered to be closely related to the primary duty of the position. Thus, the direct victim support work performed by the claimant must be construed as closely related to her SARC function and must be included in the calculation of her exempt program management primary duty.
The claimant's reference to DoL's "First Responder" regulations to nonexempt her hands-on victim support duties is misplaced since she may not rely on DoL's regulations as discussed previously. However, we will address this issue since it is the underpinning of her claim.
Section 541.3(b)(1)of 29 CFR states:
The section 13(a)(1) exemptions and the regulations in this part also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work.
With regard to the executive exemption, 29 CFR 541.3(b)(2) states such employees are not exempt since their primary duty is not management and does not meet the requirements of 29 CFR 541.100. Section 541.3(b)(3) of 29 CFR states "[s]uch employees do not qualify as exempt administrative employees because their primary duty is not the performance of work directly related to the management or general business operations of the employer or the employer's customers as required under § 541.200." However, as noted in Federal Register, Vol. 69, No. 79, Friday, April 23, 2004, page 22130, in which DoL responded to comments on its proposed FLSA regulations defining and delimiting the exemptions for executive, administrative, professional, outside sales, and computer employees:
Federal courts have found high-level police and fire officials to be exempt executive or administrative employees only if, in addition to satisfying the other pertinent requirements, such as directing the work of two or more other full time employees as required for the executive exemption, their primary duty is performing managerial tasks such as evaluating personnel performance; enforcing and imposing penalties for violations of the rules and regulations; making recommendations as to hiring, promotion, discipline or termination; coordinating and implementing training programs; maintaining company payroll and personnel records; handling community complaints, including determining whether to refer such complaints to internal affairs for further investigation; preparing budgets and controlling expenditures; ensuring operational readiness through supervision and inspection of personnel, equipment and quarters; deciding how and where to allocate personnel; managing the distribution of equipment; maintaining inventory of property and supplies; and directing operations at crime, fire or accident scenes, including deciding whether additional personnel or equipment is needed. See, e.g., West v. Anne Arundel County, Maryland, 137 F.3d 752 (4th Cir.) (EMT captains and lieutenants), cert. denied, 525 U.S. 1048 (1998); Smith v. City of Jackson, Mississippi, 954 F.2d 296 (5th Cir. 1992) (fire chiefs); Masters v. City of Huntington, 800 F. Supp. 363 (S.D.W. Va. 1992) (fire deputy chiefs and captains); Simmons v. City of Fort Worth, Texas, 805 F. Supp. 419 (N.D. Tex. 1992) (fire deputy and district chiefs); Keller v. City of Columbus, Indiana, 778 F. Supp. 1480 (S.D. Ind. 1991) (fire captains and lieutenants).
The claimant's decision to perform victim support work assignable to VAs and other program staff reflects the exercise of exempt program management authority and does not change the primary purpose of her work from exempt to nonexempt. As the SARC, the claimant was responsible for formulating local program policies, making policy decisions, and/or recommending proposals that were acted on by her supervisor. As an exempt administrative employee, the claimant performed all of the phases of program management described above, e.g., planning, coordinating, or evaluating operating programs.
The claimant also meets the second element of the primary duty test because her work involved management or general business functions or supporting services of substantial importance to the organization serviced. As defined in 5 CFR 551.104 (1998), management or general business function or supporting service, as distinguished from production functions, means the work of employees who provide support to line managers. (1) These employees furnish such support by (i) Providing expert advice in specialized subject-matter fields, such as that provided by management consultants or systems analysts; (ii) Assuming facets of the overall management function, such as safety management, personnel management, or budgeting or financial management; (iii) Representing management in such business functions as negotiating and administering contracts, determining acceptability of goods or services, or authorizing payments; or (iv) Providing supporting services, such as automated data processing, communication, or procurement and distribution of supplies. (2) Neither the organizational location nor the number of employees performing identical or similar work changes management or general business functions or supporting services into production functions. The work, however, must involve substantial discretion on matters of enough importance that the employee's actions and decisions have a noticeable impact on the effectiveness of the organization advised, represented, or serviced.
The claimant's work met the criteria because her work involved providing a management support function of substantial importance to the base as defined above. The SARC function is a staff function similar to human resources management or financial management. It is intended to assist SAFB line managers to proactively prevent sexual assaults or other areas of personal violence from happening and acts as the commander's agent to ensure victims receive the full range of support services they need. As stated in Duty 1, the claimant was expected to serve as the "commander's consultant and coordinator for Wingman support activities involved in the institutionalization of respect and the Air Force core values." At SAFB this was complicated by the challenge of inculcating such values and behaviors in the large military student population. The claimant's representational duties included representing the commander and vice commander on committees, working groups, at conferences, and in community meetings. These duties also included developing Memorandums of Understanding with appropriate authorities and community resources to ensure a desirable standard of care for AF personnel seeking off-base support; interfacing with FAO staff to facilitate shared prevention efforts; and interfacing with local and State authorities and other AF Major Commands as appropriate. Thus, we find the appellant's work met the second element of the primary duty test.
The claimant's work did not meet the third element of the primary duty test because her work did not involve substantial participation in the executive or administrative functions of a management official. As defined in 5 CFR 551.104 (1998), participation in the executive or administrative functions of a management official means the participation of employees, variously identified as secretaries, administrative or executive assistants, aides, etc., in portions of the managerial or administrative functions of a supervisor whose scope of responsibility precludes personally attending to all aspects of the work. This is not descriptive of the type and nature of the work the claimant performed as SARC.
The nonmanual work test is met.
We find the claimant's SARC functions met the first element of the nonmanual work test because it was intellectual and varied in nature. As defined in 5 CFR 551.104 (1998), work of an intellectual nature means work requiring general intellectual abilities, such as perceptiveness, analytical reasoning, perspective, and judgment applied to a variety of subject-matter fields, or work requiring mental processes which involve substantial judgment based on considering, selecting, adapting, and applying principles to numerous variables. The employee cannot rely on standardized application of established procedures or precedents, but must recognize and evaluate the effect of a continual variety of conditions or requirements in selecting, adapting, or innovating techniques and procedures, interpreting findings, and selecting and recommending the best alternative from among a broad range of possible actions.
The SARC program required understanding and applying knowledge of multiple subject-matter fields that cross several social science and related occupations. The work required knowledge of adult education and training sufficient to plan for and deliver program briefings to a wide variety of adult audiences; knowledge sufficient to assess the need and provide for the full range of psychological and medical support for victims of sexual assault; knowledge of the investigative and judicial requirements related to the handling of sexual assaults; and knowledge of program planning and management techniques, principles, and practices sufficient to conduct an activity-level SARC program. The claimant was required to apply substantial judgment based on considering, selecting, adapting, and applying principles to numerous variables in managing the SARC program. Although she was required to operate the program within the parameters of DoD and AF regulations, her program management responsibilities required her to evaluate and determine the most effective way of implementing the program tailored to meet the needs of SAFB's diverse targeted populations, including successive groups of military students. As discussed in Duty 1 of the PD, the claimant was expected to establish and/or modify processes, procedures, and training necessary to meet program objectives. The claimant's performance standards state the claimant was to "develop and use creative techniques and methods to improve [the program's] effectiveness." This could not be accomplished by relying on application of standardized procedures or well-established techniques and precedents outlined in agency standards. Program goals extended beyond making audiences aware of sexual assault issues to dealing with such related issues as domestic violence and inculcating AF core values in military students described in the claimant's performance standards as SAFB's "most at-risk-population." The claimant's performance self-assessment for the period of October 1, 2007, to September 30, 2008, speaks to the claimant's focus on program improvement, including (1) changing the setting for law enforcement interviews of victims which "[v]ictims, SARC, Advocates and Special Agents all agree is leading to better statements and less traumatized victims," (2) creating a "password protected case management meeting tool" requested for use by other SARC offices and the FAO, and (3) developing a strategic plan linking sexual assault education and awareness programming, on-call case availability, funding, key partnership meetings, and special event planning with victim based events to ensure victims were supported and program goals were met. Thus, we find the claimant's SARC work was intellectual and varied in nature.
The claimant's nonmanual work as discussed previously met the second element of the nonmanual work test. As defined in 5 CFR 551.104 (1998), work of a specialized or technical nature means work which requires substantial specialized knowledge of a complex subject matter and of the principles, techniques, practices, and procedures associated with that subject-matter field. This knowledge characteristically is acquired through considerable on-the-job training and experience in the specialized subject-matter field, as distinguished from professional knowledge characteristically acquired through specialized academic education.
As SARC, the claimant applied a substantial knowledge of subject-matter common to several social sciences concerning adult behavior as it relates to sexual assault, domestic violence, and related areas of human interaction sufficient to manage the SARC program. This knowledge extended to preventing and dealing with the aftermath of sexual assault and domestic violence and provided continuity of care for the victims of both restricted and unrestricted sexual assault. In order to reach her intended audiences, the claimant had to apply the principles and practices of adult training sufficient to modify and/or develop program training tailored to specific audiences. As SARC, development of such knowledge and skill resulted from considerable specialized program training required for all SARCs and on-the-job training and discussions with others in the program, including the Command SARC. As discussed under "Recruitment Knowledges, Skills and Abilities (KSA)" in the claimant's PD of record, the work of the position required knowledge of a wide range of social science principles, concepts, and practices relating to the prevention of and response to sexual assault and other acts of interpersonal violence; knowledge of social service delivery systems and concepts, principles, and theories relating specifically to sexual assault and other acts of interpersonal violence; and knowledge of laws, regulations, Executive orders, etc., relating to victim advocacy, sexual assault, and other acts of interpersonal violence.
The discretion and independent judgment test is met.
The claimant exercised the level of discretion and independent judgment to meet this test. As defined in 5 CFR 551.104 (1998), discretion and independent judgment means work that involves comparing and evaluating possible courses of conduct, interpreting results or implications, and independently taking action or making a decision after considering the various possibilities. However, firm commitments or final decisions are not necessary to support exemption. The "decisions" made as the result of independent judgment may consist of recommendations for action rather than the actual taking of action. The fact that an employee's decisions are subject to review, and that on occasion the decisions are revised or reversed after review, does not mean the employee is not exercising discretion and independent judgment of the level required for exemption. Work reflective of discretion and independent judgment must meet the following three criteria:
(1) The work must be sufficiently complex and varied so as to customarily and regularly require discretion and independent judgment in determining the approaches and techniques to be used, and in evaluating results. This precludes exempting an employee who performs work primarily requiring skill in applying standardized techniques or knowledge of established procedures, precedents, or other guidelines which specifically govern the employee's action.
(2) The employee must have the authority to make such determinations during the course of assignments. This precludes exempting trainees who are in a line of work which requires discretion but who have not been given authority to decide discretionary matters independently.
(3) The decisions made independently must be significant. The term "significant" is not so restrictive as to include only the kinds of decisions made by employees who formulate policies or exercise broad commitment authority. However, the term does not extend to the kinds of decisions that affect only the procedural details of the employee's own work, or to such matters as deciding whether a situation does or does not conform to clearly applicable criteria.
As SARC, the claimant worked independently in performing her daily activities, including planning, organizing, and executing the SAFB SARC program sufficient to meet the degree of discretion and independent judgment characteristic of this test. The claimant's supervisors both stated they relied on the claimant to manage the program independently. One supervisor stated the SARC program was in the "process of being constructed" at the time the claimant occupied the SARC position, that program regulations and instructions had gaps, and that he relied on the claimant to deal with these gaps and to elevate the issues and propose solutions to the Command SARC. Both supervisors relied on the claimant to advise them on technical program issues and to represent SAFB with on-post and external organizations to arrange for and provide victim support services. The decisions the claimant made were significant within the meaning of the regulation in that they affected how the program was managed, including how to use program staff and resources, and what adjustments needed to be made to training materials and approach to reach discrete audiences. These decisions were not solely limited to the procedural details of her work.
The 80-percent test in 5 CFR 551.206(d) (1998) is not applicable.
Because the claimant's position is classified above the GS-5 or GS-6 or equivalent grade level, this criterion does not apply to the claimant's work.
Thus, we conclude the claimant met the administrative exemption under the 1998 regulations.
B. 2007 Regulations
The current regulation under 5 CFR 551.206 (2007), describes the administrative exemption criteria, in relevant part, as follows:
An administrative employee is an employee whose primary duty is the performance of office or non-manual work directly related to the management or general business operations, as distinguished from production functions, of the employer or the employer's customers and whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
(a) In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered. The term "matters of significance" refers to the level of importance or consequence of the work performed.
(b) The phrase discretion and independent judgment must be applied in light of all the facts involved in the particular employment situation in which the question arises. Factors to consider when determining whether an employee exercises discretion and independent judgment with respect to matters of significance include, but are not limited to, whether the employee:
(1) Has authority to formulate, affect, interpret, or implement management policies or operating practices;
(2) Carries out major assignments in conducting the operation of the organization;
(3) Performs work that affects the organization's operations to a substantial degree, even if the employee's assignments are related to operation of a particular segment of the organization;
(4) Has the authority to commit the employer in matters that have significant financial impact;
(5) Has authority to waive or deviate from established policies and procedures without prior approval;
(6) Has authority to negotiate and bind the organization on significant matters;
(7) Provides consultation or expert advice to management;
(8) Is involved in planning long-or short-term organizational objectives;
(9) Investigates and resolves matters of significance on behalf of management;
(10) Represents the organization in handling complaints, arbitrating disputes, or resolving grievances.
(c) The exercise of discretion and independent judgment implies the employee has authority to make an independent decision, free from immediate direction or supervision. However, an employee can exercise discretion and independent judgment even if the employee's decisions or recommendations are reviewed at a higher level. Thus, the term discretion and independent judgment does not require that decisions made by an employee have a finality that goes with unlimited authority and a complete absence of review. The decisions made as a result of the exercise of discretion and independent judgment may consist of recommendations for action rather than the actual taking of action. The fact that an employee's decision may be subject to review and that upon occasion the decisions are revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment.
* * * * *
(e) The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures, or specific standards described in manuals or other sources.
The claimant's work met the administrative exemption criteria of the current regulation. As discussed previously, the claimant's program management duties included the exercise of discretion and independent judgment with respect to matters of significance. Also as discussed previously, as the SARC the claimant's supervisors expected her to interpret and implement DoD and AF program policies as well as develop and implement local program policies and procedures as necessary to achieve broad program goals. The claimant's performance self-assessment for the period of October 1, 2007 to September 30, 2008, discussed previously speaks to these responsibilities. Although she managed a small staff program, nonetheless her work affected SAFB's efforts as a training installation to institutionalize AF core values in its large military student population. The claimant represented SAFB in arranging for victim support services with community organizations for AF personnel seeking off-base support and worked with other AF components, as discussed in the aforementioned self assessment, to improve program quality and victim support. The claimant's supervisors viewed her as a program expert, and depended on her advice on technical and administrative program matters. They relied on her to develop and propose both short- and long-term program plans specific to SAFB as discussed previously in this decision.
Thus, we conclude the claimant met the administrative exemption under the 2007 regulations.
Decision on FLSA Coverage
Based on the above analysis, and the general principles governing exemptions provided in 5 CFR 551.202 (of both 1998 and 2007 regulations), the claimant clearly met the criteria for the administrative exemption provided in 5 CFR 551.206 (of both the 1998 and 2007 regulations) during the period of the claim and therefore was not covered by the overtime pay provisions of the FLSA. Therefore, her claim for FLSA overtime must be denied.
Since the claimant was exempt during the period of the claim, she was also not covered by the provisions of 5 CFR 551.431 for time spent on standby duty or in an on-call status or the compensatory time off provisions of 5 CFR 551.531. Therefore, we will not address these or any of the other premium pay issues raised by the claimant. As an exempt employee, any entitlement the claimant may have to the premium pay she seeks must be pursued through the compensation and leave claim provisions of 5 CFR, Part 178.
[1] Although the claimant left this position on July 19, 2009, OPM's FLSA claims process requires certification of PD accuracy by the claimant and the agency as part of its AAR.
[2] The current OPM regulations implementing the FLSA for Federal employees took effect on October 17, 2007. As such, the claim period is subject to two different versions of the OPM regulations implementing FLSA for Federal employees.
[3] Under 10 U.S.C. § 1588, the Secretary of Defense is authorized to accept a variety of voluntary services, including health-care related services and providing services to members of the armed forces and their families such as family support and other morale and welfare services. Also see DoD Directive 6495.01, October 6, 2005, Sexual Assault Prevention and Response Program; and DoD Instruction, June 23, 2006, Sexual Assault Prevention and Response Program Procedures.
[4] Federal civilian employee VAs were not assigned to the SARC organizational unit. Although they performed duties in support of the SARC program under the direction of the claimant, they officially reported to other Sheppard AFB supervisors who were responsible for executing the range of human resources authorities contemplated in the primary duty test for Federal civilian employee VAs for their non-volunteer work.
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Transcripts taken from CNN's "Larry King Live" Aired April 28, 2008
The panel included -
Dr. Michael Eric Dyson, professor at Georgetown University (Obama Supporter)
Lanny Davis, he served as special counsel to President Bill Clinton (Clinton Supporter)
Flavia Colgan, columnist and editorial board member of the "Philadelphia Daily News (Obama Supporter)
Carole Simpson, former ABC anchor, now a leader in residence at Emerson College. (Clinton Supporter)
An excerpt of the conversation:
SIMPSON: Thank you very much. What I want to say is how much things have changed. When this race started, Obama had all of the attention, rock star, Obama girl, everything, everybody was flocking to him. And now look at where we are. And I was asked on this program, should Hillary drop out and I said absolutely not. Anything could happen. And look at what has happened. We have a confluence now of race and religion, two hot political potatoes, and Obama stuck right in the middle of it.
DYSON: Larry, can I say this? I think it's very important to say that Barack Obama himself has been brilliant in transcending these divisions, these bitter precincts of prejudice, and looking towards an America that he can unite. Even though he loves his pastor and distances himself from what he says that he finds [offensive], he calls on the American people to move beyond his paralyzing prejudices to unite as Americans. I think that's what we have to focus on.
KING: We have about a minute. Flavia, do you fear that Obama may become this year's Dukakis?
COLGAN: Look, the proof in the pudding is in the eating of it. And I certainly respect the viewpoints of the American voter. So far they have obviously chosen Barack Obama, in terms of delegates. And throughout the country, he's running a 50-state strategy. But I will respect whatever decision they make. I think that it's patronizing to the American public to think that we haven't made — and this is where I disagree with Reverend Wright — that we haven't made enough progress as a nation that someone like Barack Obama will not become president simply because of the color of their skin. I do not believe that.
SIMPSON: Oh, you better believe it.
COLGAN: I'm sorry. You can have your opinion.
SIMPSON: You better believe it.
COLGAN: I do not believe, based on my experience, that that is the case. I think it's unfortunate that this Jeremiah Wright thing -- and I think as a pastor, he should show more humility. And I agree with Carol that it's completely about his ego to come out at this time in a way that he knows will affect Barack Obama. I think that's unfortunate, because Lanny and I should come back on and talk about issues.
KING: I'm going to recommend to the powers that be that we bring this panel back for a full hour, so we can really hear things coherently. As we wind things up, visit our website, CNN.com/LarryKing. You can download our latest podcast, which is Laura and Jenna Bush. We've also got a special Jimmy Carter quick vote. As always, you can email upcoming guests. Tomorrow night, Joy Behar. Wednesday night, Michael Moore.
Wednesday, April 30, 2008
Tell us how you really feel Sista!!!!!
Posted by Citizen Ojo at 11:36 PM
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subset: commoncrawl


text:
2013 63 FORD FIESTA ECONETIC 1.6TDCI 94 BHP VANONE COMPANY OWNER, ONLY 25000m
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- Fuel TypeDiesel
- Body StyleCAR DERIVED VAN
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- Mileage25529 miles *
- Owners1
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Every effort has been made to ensure the accuracy of the above information but errors may occur. Please check with a salesperson.
The following documents are available for this vehicle:


text:
The "House Challenge"
is coming to an end.
Last Monday Sara sent the last pdf
with instruction and suggestions.
The houses of everybody are far from finished
but that is okay,
we will have many more weeks to continue.
On the 20th of March
random couples will be picked by Sara
and we'll make some small item
for the house of the other person of the couple :
a small fun swap,
just like at the end of the other challenges !
These are the three walls of my house.
I incorporated the roof :
the green walls end in green leaf-like points.
I also found my coloured wire,
thick and thin.
The wings of the butterfly
have very thin blue wire attached to the front side
and now she has long antennae
(with a bead at the end)
These are the walls since yesterday.
There are some more inhabitants now :
... a (sleeping) cocoon and the known "doorman"
... two new baby caterpillars ...
Making the butterfly wings with
water soluble
was sooooo much fun
that I had to do some more with that funny stuff today.
I have two varieties of the water soluble "fabric"
One is kind of plastic-like,
the other one is thicker and looks more like interfacing
only DON'T touch it with wet hands, or sneeze :
it will shrivel away !!!
First I have a piece of water soluble
(big enough to fit in a plastic embroidery hoop
that one is thin, so it will easily go under the presser foot of the machine )
then I use some tulle or polyester sheer
with lots of threads and snippets underneath.
Then comes the "free stitching" :
you have to be sure that all the snippets are connected by stitch.
When you are satisfied with your end product
you can pin your work on a thick cellular polystyrene
and rinse out the water soluble !
(using little water leaves a lot of "glue" in your work and makes it stiff,
using a lot (and rub some) leaves your work a lot softer !)
A new idea taking shape
Held up against the light
you better see the waste threads I used for this one
Just have to show this gorgeous Amaryllis :
two stems with four flowers each !!!
And last week we had another mandala evening
(Isis & Osiris)


text:
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text:
A Station Eight Fan Web Site
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Posts Per Page: 1 : 10 : 25 : 50 : 100 : All :
The Director knew exactly about Yama's situation and Hunter was able to blackmail him.
a) How did the Director of Yama learn?
b) How did the Director learn about Yamas exile and its reasons?
c) Does the Director really know where Yama's clan is or was it a bluff?
Hi Greg. Want to keep this short and simply but I do have to congratulate you and your team for season 3 of Young Justice.
1) And will we, the fans, are going to see all of the team member's origins similar to the comic, Campfire Secrets and Rabbit Holes? I would love to see Batgirl, Troia, Robin II, Beast Boy, Bumblebee....basically the members that join after 2011 but before 2016 (Wonder Girl and Blue Beetle are the exception of course).
2) And this one is just a random question but, does Barbara Gordon have a close relationship with her mom?
Thank you for your time.
Hey Greg, Do you know if the new young justice season is going to be dubbed in any other language than english?
Did Superboy and Miss Martian get back together in Endgame or on their way to do so?
What kind of relationship would Samsom and Nick (that was the name of descendant of Goliath and Elisa's adopted child, wasn't it?) have in "Gargoyles 2198"?
1) Thoughts on Jurnee Smollet-Bell playing Black Canary in the Birds of Prey movie?
2) Who would you have cast as a live-action BC?
Hi Greg,
I am such a huge fan of Young Justice that I can't even put it into words. This show has literally changed my life. I've watched it so many times I've lost count and can't help finding something new to love every time I watch it. This being said, I got to thinking and had some questions about Bart (who is my favorite character in the show; I was super stoked to see him in the trailers for S3) I was hoping you could answer.
1. Was it just Bart and Nathaniel that worked on the time machine, or did they get help from others also wishing to change the time stream?
2. In the flashback in "Bloodlines" Bart is seen without an inhibitor collar, while Nathaniel still has his on and it is activated. Just out of curiosity, how was Bart able to disable his and get his off in order to go back to the past? I'm sure the Reach would have been monitoring both him and Nathaniel, especially since they'd taken the time to put the inhibitor collars on in the first place. How were Bart and Nathaniel able to sneak under the Reach's radar and pull everything off?
3. Were "crash" and "mode" always the lingo you'd had in mind for Bart, or were other words also considered?
4. How do you think Wally would interpret Bart taking on his role as Kid Flash? Do you believe Wally would see it as Bart "honoring his memory" as Artemis puts it, or would Wally see him as more of a fraud like Bart believes?
Thank you so much for everything! Continue to make awesome life-changing works like this one. I can't wait to see what S3 has in store. I'm sitting on the edge of my seat.
My daughter has read your World of Warcraft Traveler books so many times the binding is falling apart. She is anxious to know what is going to happen next. When is the next book coming out?
In Season 2 of Young Justice, Nightwing explains that only Kaldur, Wally, Artemis, and Himself are the only four that know that Kaldur has been under deep cover. Did Wally and Artemis learn about this after Nightwing asked Artemis to go undercover, or did they know from the beginning that Kaldur was undercover?
Batman is became a Metahuman?
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GargWiki.net has answers for all your Gargoyles questions.
Includes episode commentaries by co-creator Greg Weisman, interviews with the cast, and a documentary on the fan convention.
Written by Greg Weisman and published by SLG between 2006 and 2009, the series picks up at after season two of the TV series. Issues can be found on eBay
Funko released several vinyl figures of our beloved Gargoyles clan. Find them at your local stores or online retail and auction web sites.
Electric Tiki released a sculpture of Goliath in 2011. Bowen Designs released a Goliath statue in 2009.


text:
Sensational Jamaican Reggae artist Conkarah is teaming up with local
raw talents- 56 hop rod on a new musical video clip.
In an exclusive interview with SIBC news yesterday afternoon, Conkarah
whose real name is Nicholas Murray says local reggae bands have
impressed him.
Conkarah is in Honiara this week to sum up his world tour.
The Twenty-six year old was born in Kingston, Jamaica to his English
mother and Jamaican father and graduated with a degree in


text:
Living With Chronic Conditions?
For more details or for a downloadable sample of Being Empowered for a Healthy Heart by Phoebe Chi, MD — click here.
If you think you would benefit from receiving a free copy of the printed book, please contact me directly!
Here's to taking control of your health!


text:
Rock Climbing Photos : Profile : The Slab That Got Away
The Slab That Got Away
This is my hand after taking my first lead fall at Lumpy Ridge in Colorado. I was supposed to be out there climbing for a week, but ended up in the hospital after the second day. I slid for the first 10 feet or so of my fall on slab, so my hand got kinda cut up, my arm was worse. I still love Colorado though.
|Photo Location:
|No Location Information


text:
Indigo Pearl is one of the luxurious resorts in Phuket, Thailand. The hotel has received numerous prestigious awards such as "The best luxury resort in Thailand", "Asias best design resort"
What was the issue
The management of Indigo wanted to boost the other outlets exposure. The spa and the restaurants had to gain more exposure and be discoverable in Google, Yahoo or Bing.


text:
Simplicity :
What happened to being
Legitimately fair?
What happened to feeling
Cosy about your hair?
What's wrong with bushy eyebrows?
What's wrong with bumpy skin?
Try to adjust it, you spend hours
Doing workouts to become thin?
Do you deny yourself that much
That you cover your beauty with makeup?
"Try not to cry, don't touch"
"Don't look at me when I wake up"
Your insecurity
Drove you off your simplicity
Which is your natural post degree
That's what it's supposed to be
"Oh no, I'm too hideous"
"Oh no, I'm too chubby"
Darling you're just oblivious
You're Irrisisteble, honey
You're like a Juliet rose
You're precious, you're rare
Just don't try to expose
That you're not found everywhere
So please don't change you
Don't change even for publicity
Because you're beautiful,
You're beautiful in your simplicity
Innovative thoughts Love Yourself The Way You Are Short Simple Is Beautiful Poems Brave thoughts about Simplicity Is Beauty
Have something to say about the poem?


text:
The Immortal Hulk
Issues: #1-6
Writer: Al Ewing
Artist: Joe Bennett Covers: Alex Ross
Publisher: Marvel Comics
I love a good horror comic. When I heard that the reboot of the Hulk was going to have a horror slant to it, I had to check it out. The thing is, I'm not much of a Hulk fan. The only Hulk comic I have read is Future Imperfect by George Perez. I just never liked the Hulk. After reading the first six issues of The Immortal Hulk, I'm now a Hulk fan.
Bruce Banner is back.
So is the Hulk, and I like how Ewing gives a nod at the Hulk only coming out at night.
The horror of the Hulks actions is done right, it stays in the mind of the reader.
Reference to past story lines and the t.v. show.
Monster on monster battles with supernatural twists.
The Avengers come knocking.
The Immortal Hulk is my favorite Marvel comic on the stands at the moment. Ewing and Bennet have crafted a really, really good story so far. I've enjoyed it so much that I have gone back and started to read the Incredible Hulk and Tales to Astonish runs on Marvel Unlimited to catch up on my Hulk history.
The art is fantastic, I like how Bennet makes the Hulk look a little more like a monster they way Ditko and Kirby originally drew him.
Rating 8.5 gamma bombs outta 10


text:
Kano Pillars have confirmed the death of their defender, Chinedu Udoji.
Udoji, 28, was involved in a car accident on Sunday night while returning from visiting his former teammates at Enyimba, after the 1-1 draw against Pillars at the Sani Abacha Stadium.
The incident occurred along the club road in Kano state.
Udoji spent five seasons at Enyimba and captained the team for five years from 2009 -2016, helping the club to win two league titles, 2 Federation cups and reaching the semi-final of the CAF Champions League.
He joined the Kano Pillars in 2016.


text:
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Right now, you can arrange a FREE* full-length practice SAT exam at your local Sylvan in Easton! This is a great way for your teen to prepare for the pace and setup of the exam, build confidence, pinpoint strengths and figure out subject areas that need more attention in order to achieve maximum results. Make test day a great day: contact us now to get started!


text:
Barice: Hotels
11.1km of Barice
Located right next to the ski area of Bjelašnica, Hotel Han has a bus stop in front with direct links to Sarajevo centre. It offers rooms with LCD satellite TV and free Wi-Fi, free video-surveilled parking, and a restaurant with a large terrace.
From 35.00EUR / Night
21.1km of Barice
Built in an Alpine style, Pansion Atomic in Sator has many natural wood and stone features. The property is just 150 metres from the local ski slopes. Rooms are simply furnished and have a private bathroom and TV.
From 24.18EUR / Night
21.2km of Barice
Featuring an on-site restaurant and a bar with fireplace, Hotel Vila Tamara is set 3 km from Jahorina Ski Resort and offers free transfers to ski slopes. It features rooms with free Wi-Fi. The centre of Pale is 8 km away.
From 14.00EUR / Night
21.5km of Barice
Boasting a superb location on the slopes of Jahorina Mountain and just steps away from the Ski Lift, Guesthouse Rajska Vrata offers ski-to-door access and trails that start directly from the property's terrace.
From 50.00EUR / Night
21.5km of Barice
Located just 30 metres from the ski lift on Jahorina Mountain, Hotel Lavina has an indoor pool and spa facilities, as well as elegant accommodation units with free Wi-Fi. The hotel's stylish restaurant serves local specialities.
From 95.00EUR / Night
21.7km of Barice
Situated at 1550 metres above sea level along the skiing tracks of Mount Jahorina, Termag Hotel Jahorina offers 2 restaurants and free use of a wellness centre with an indoor pool, sauna and Turkish bath.
From 63.00EUR / Night
21.7km of Barice
Overlooking the mountainous landscape, this modern hotel is situated in Jahorina, only few steps from the Ogorjelica ski lift and 28 km from Sarajevo. It houses a wine bar, a lounge area with a fireplace and a spa centre.
From 59.50EUR / Night
22.0km of Barice
Set in Jahorina, near the 2000 metres peaks and Praca and Drina River valleys, Hotel Bistrica provides easy access to ski slopes, located just 150 metres away.
From 35.28EUR / Night
22.0km of Barice
Offering stylish air-conditioned rooms with free Wi-Fi, Hotel Hercegovina provides its guests with free shuttle service to and from the Sarajevo Airport. Surrounded by a large park, it is located in green surroundings on the edge of Sarajevo.
From 68.00EUR / Night
22.2km of Barice
Situated next to the slopes, Hotel Nebojsa Jahorina offers heated rooms with free Wi-Fi and satellite TV. It has a sauna, an à la carte restaurant and the Winter Garden Lounge Area offering panoramic views of the mountains.
From 38.65EUR / Night


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Clinical Psychologist
Bachelor of Science with Honours in Psychology, Post Graduate Diploma in Psychology, Doctorate in Clinical Psychology
Mondays: 8am-3pm (CBD)
Tuesdays: 1pm-7pm (Alexandria)
Areas of Special Interest
Areas of Special Interest
- Somatoform Disorders
- Coping with Medical and Health Issues
- Emotion Dysregulation
- Anxiety Disorders
- Insomnia
- Perinatal and Postnatal Depression and Anxiety
- Relationship Issues
- Self-Esteem Issues
- Workplace Issues / Bullying
About Freya
About Freya
Freya offers an empathic and motivational approach in collaborating with clients to improve their wellbeing. She has experience providing psychological assessment and therapeutic services to children, adolescents and adults. She has worked within school, community, university and hospital settings. As a psychologist in a community outpatient mental health service Freya worked with individuals experiencing difficulties such as depression, anxiety, worry, stress, phobias, panic, grief, bipolar disorder and the psychological effects of trauma. Freya has also delivered psychoeducational group programs to adolescents and adults.
Freya has undertaken seven years of training in psychology. She completed a 3-year Bachelor of Science with Honours in Psychology at the University of York in England, followed by a 1-year Post Graduate Diploma in Psychology and a 3-year Doctorate in Clinical Psychology at Massey University in New Zealand.
Freya has research experience and ongoing interest in emotion regulation and psychological wellbeing related to physical health conditions.
In addition to her work at myLife, Freya currently works at the Child and Adolescent Mental Health Service and the paediatric ward at Royal North Shore Hospital.
Freya recently returned from maternity leave, and she hopes to increase her work availability in the future. She currently sees adolescents and adults at our Sydney CBD consultation rooms.
Therapeutic Approaches
Therapeutic Approaches
- Applied Psychological Assessment and Treatment across the Lifespan
- Cognitive Behaviour Therapy (CBT)
- Family and Systems approaches
Memberships & Registrations
Memberships & Registrations
- Registration to provide clinical psychology services with Medicare
- Full registration with the Australian Health Practitioner Regulation Agency and endorsement of clinical psychology as an area of practice (PSY001964952)
- Full registration with the New Zealand Psychologists Board


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High gain uhf antenna design
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Description:This post comes under the Sidetracks category because it isn't strictly part of J-Tech's business (we don't sell antennas) but it is related to wireless design. There were two objectives to this exercise: 1) learn about the Yagi/Uda antenna from a practical standpoint; 2) get something for nothing.


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The workshop will discuss: What is PBL? What are some of the main features of PBL as an instructional approach? One of the most important features is that students have to be much more (cognitively) active in order to acquire knowledge. They have to find out what they do not know, and which information has to be actively searched (e.g., by formulating clear intentions and questions focusing on what to learn). At the same time, the role of teachers change to being a tutor that helps the students in pursuing their learning intentions (e.g. by providing the needed information sources, like textbooks or even lectures
The Prof. Dr. Heinz Neber has received degrees in education, and psychology. Currently, he teaches classes in Educational Psychology at the University of Duisburg-Essen, and at the University of Munich. Publications (selection): author of more than 50 publications (books, chapters, and peer-reviewed articles in journals). E. g. as author and editor: Learning by Discovery (1982, 3rd ed.); Self-directed Learning (1979); and Applied Problem-Solving Psychology (1987). Articles – e.g.: Usable knowledge by conditionalized and functionalized technical explanations (2000); Self-regulated science learning with highly gifted students: the role of cognitive, motivational, epistemological, and environmental variables (co-author M. Schommer-Aikins, 2002); Evaluation of a summer school program for highly gifted secondary-school students (co-author K. A. Heller, 2002); Epistemic questions: Fostering knowledge-generation by the students (Korea Journal of Thinking & Problem Solving, 2009); Chinese high school students in physics classrooms as active, self-regulated learners (International Journal of Science and Mathematics Education, 2008). Research: A major research area is learning and instruction with special consideration on active knowledge acquisition. In collaboration with the Department of Chemistry at the University of Munich, a project is focusing on the improvement of inquiry learning in Chemistry, and another on developing Problem Based Learning in Biology.


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Monthly Archives: May 2016
Water Voles
Water Voles or Latin Name (Arvicola Amphibious) The European Water Vole also known as the 'Water Rat' was once widespread throughout the British Isles. Now a protected species but sadly still in decline, their population has dropped due … Continue reading
Posted in Nature And Wildlife Tagged aquatic rushes. aqauatic grasses, arvicola amphibious, Encouraging Pond Life, pond life, pond wildlife, ponds, rivers, streams, Water Gardening, water gardens, water rats, water voles, wildlife ponds Comments Off on Water Voles
Pests and Diseases of Pond Plants
Pests and Diseases of Pond Plants As a grower and supplier of a wide range of interesting, rare and unusual pond plants, I frequently get bombarded with questions about pests and diseases, so this article is a basic guide … Continue reading
Posted in Nature And Wildlife, Plant Health Tagged aquatic plant diseases, aquatic plant pests, aquatic plants, black fly, bug clear, chinese mark moths, crown rot, Healthy Pond Plants, healthy ponds, leaf spots, pests and diseases of aquatic plants, pests and diseases of pond plants, pests and diseases of water plants, pond health, pond life, pond plant diseases, pond plant pests, pond plants, ponds, rams horn snails, rivers, spider mite, stagnalis snails, streams, Water Gardening, water gardens, Water Lilies, water lilies crown rot, water lily beetle, water lily crown rot, water lily leaves, water plant diseases, water plant pests, water plants, water snail infestations, water snails, waterlily beetle, waterlily crown rot . waterlilies crown rot, white fly, wildlife ponds Comments Off on Pests and Diseases of Pond Plants


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We always adore photographing events at the Four Seasons Hotel Boston weather it be a social event or corporate event. Recently we were asked to capture the beautiful new renovations throughout the venue, including the classic yet modern new touches in their stunning ballroom.
From the team at the Four Seasons – "We recently completed renovations to the Ballroom, Phillips and Stuart. New prospective clients were invited to come "Get the Scoop" and see the newly renovated spaces as well as our renovated guestroom bathrooms. Guests were taken on personal tours of all of our event space and concluded in a "Parisian Patisserie" where guests could help themselves to creme glacee and crepes!"
Below are a handful of images of the updated spaces that we wanted to share!
Four Seasons Hotel Boston – Corporate and Event Photography – Wedding, Meeting and Special Event Spaces in Boston – Photographed by Person + Killian Photography – 251 Newbury Street – Boston, MA 02116 – [email protected] and [email protected]


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He deserves a post dedicated all to him so here is Will's special day.
On November 6th, we celebrated 5 years of Will coming home from the hospital. There has been so much time and water under the bridge that you might wonder why we even celebrate this anymore. Well for two reasons. For one, it was a big, big, big, big day for us! 100 days after having our babies, we were finally bringing one home. We had waited a long time. In the beginning we didn't know if we would bring any of the three babies home and on that day we breathed a big sigh of relief that he was healthy enough to leave that hospital. The second reason is because we think it's nice for the kids to have their own special day. They will always share a birthday. Their birthday is never just about themselves. By celebrating their own homecoming days, they get a day dedicated just to them.
This is the first year he got to pick what he did on his day. Each year we have tried to go out and do something fun as a family. Something fun that we don't normally do. This year Will picked putt-putt as his fun activity of choice. We played a few times over the summer and he loved it. I was fairly confident he'd choose that one out of the 3-4 options I gave him. We had never been to the putt putt course and arcade here in town so it worked out. Due to a slight scheduling issue we celebrated as a family on the 5th. We all played one round of putt putt together and then Lindy and I headed inside and Drew and Will played another round together. It was in the second round he finally got a hole-in-one. I'm sorry I missed it! He did tell me all about getting it on hole number 12! Lindy and I played arcade games inside while waiting and then we watched Will play his games. They both had fun but I think Will really loved playing putt putt and the games inside. He was a happy camper when we left! We did eat out that night with the staff and staff parish relations committee from our church. He told everyone about his fun afternoon.
I tried to make Tuesday, the 6th, his actual homecoming day, special as well. He woke up to a donut hole breakfast – a definite special weekday treat. They got to play in the morning and he got his favorite PB&J lunch. In the afternoon we went to gymnastics (where he told everyone it was his special day!) and then we came home to bake cupcakes. They both thought it was great fun to help me bake and we thoroughly enjoyed our fun-da-middles cupcakes for treat that night. We finished the night out by playing the Wii. He loves the Wii and we haven't played it in awhile so he was very excited about that too.
He is starting to understand why we celebrate this day which is neat. Lindy can't wait for her day. She wants to do exactly the same things Will did on his day! I think we can find some different, but just as exciting things for her special day.
It's amazing how well I can remember his first night at home and it's amazing how much we love these kids. Happy 5 year homecoming day Buddy!
Our putt putt adventuresHe hit the 50 ticket jackpot!A very happy camper with his two prizes he got from his tickets.The actual homecoming day celebration. It's blurry but still cute.Making cupcakes!A surprise in 'da middle'!Dancing with the Wii!


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Monday, February 22, 2016
Military Saves, as part of the nationwide America Saves Campaign, is a year-long effort focused on the financial readiness of military members and their Families. To kick off the campaign, the Department of Defense designated Feb. 22-27 as Military Saves Week. It is conducted in cooperation with the Consumer Federation of America, one of the Department of Defense's (DOD's) official financial readiness non-profit partners.
The week is an opportunity for the military community to come together with federal, state and local resources, along with military banks and credit unions, to focus on debt reduction, financial management and future savings. The year's DOD theme is Making Saving Automatic.
The Army hosts local events organized by approved resources such as Army Community Service's Financial Readiness Program]( http://www.armymwr.com/family/frp.aspx ), unit command financial specialists, installation public affairs offices, local financial institutions and other approved financial organizations. To reinforce the campaign's importance, installations are running pledge drives for Soldiers and Family members to commit to a savings goal. The pledge is available to view and sign at the Military Saves website.
Soldiers are encouraged to explore multiple savings options, including the Thrift Savings Plan and, for mobilizing Soldiers, the Military Savings Deposit Program, where they can earn interest on their investments while serving on their deployments.
Through the year, the Army will continue to emphasize financial readiness and resiliency by providing services and support to Soldiers and their Family members.
Army OneSource provides interactive opportunities to learn sound financial practices using gaming scenarios. The Army also engages military spouses as they play a vital role in maintaining financial discipline and stability within their Families. By teaching good financial habits early in life, children will strengthen their financial fitness for the future.
The financial readiness of Soldiers and their Families is a priority for the Army, because it has a direct effect on mission readiness. A strong financial readiness program enables Soldiers and Families to attain financial flexibility, avoid the personal and professional stressors of poor money management, and helps protect themselves against predatory and unscrupulous lending.
Subscribe to STAND-TO! to learn about the U.S. Army initiatives.
Black History Month: Visit African Americans in the U.S. Army (#BlackHistory or #AfricanAmericanHistory)
Heart Health Month: Visit MEDCOM (#HeartHealth and #HealthyHeart)
Brain Injury Awareness Month (#BrainInjuryAwareness)
Women's History Month (#WomensHistory and #WomensHistoryMonth)
March 3: TRADOC State of NCO Development Town Hall (#talk2TRADOC)
March 25: National Medal of Honor Day (#MedalOfHonor)
Focus Quote for the Day
It is critical that command teams at all levels communicate the significance of financial readiness for Soldiers and their Families. A Soldier's financial well-being has a direct impact to unit readiness.
- Lt. Gen. Jeffrey W. Talley, chief of Army Reserve and commanding general, U.S. Army Reserve Command, reasserts the importance of the Military Saves Campaign in reinforcing personal financial responsibility
Military Saves Campaign 2016 Endorsements
STAND-TO! is an information paper-based web platform that supports the U.S. Army's strategic communication objectives.
The information papers -- written, approved and submitted by the Army agencies -- provide a broad, objective view of the Army's current operations, doctrine and programs. The "Today's Focus" topics highlight Army Staff initiatives and support Army wide strategic-level issues.
All published editions are sent to subscribers via email and archived daily in the STAND-TO! Archives.
STAND-TO! falls under the management of the Online and Social Media Division (OSMD) in the Office of the Chief of Public Affairs (OCPA).
Subscribe to STAND-TO! to learn about the U.S. Army initiatives.


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Featured Article: The Price of Remembering The HoloCOST
Getting Good Things By Being Bad
I think the hardest part about being a parent is that your cute little babies grow up. They start out as helpless, adorable, curious tykes, unable to speak and who mainly think about food. Then they slowly begin to morph into capable school age people who, while still adorable, are able put words to their curiosity. Unfortunately that curiosity has nothing to do with food, other than the times you try a new recipe and they whine disdainfully, "Mooo-oooooom, what IS that?" Rather they begin to question the world around them, the people, the places, the events. And you are suddenly in the position of having to find explanations for things that stump even the most enlightened of grown-up.
The biggest, most insightful questions come from my biggest, most insightful daughter, Culley. She is going on 11, but was born going on 100. Always a thinker, always an observer, she popped out with her eyes wide open and an obvious look of "Who? What? Where? Why?" on her tiny face. My husband and I have both immensely enjoyed and been immensely challenged by this part of her personality. We can remember having grown up conversations with her at age 2 and having her use words like "unfortunately", "prefer" and "assume" by age 3. (They once appeared in the same sentence . . ."Mommy, unfortunately I prefer to eat my cereal dry today and you assumed I wanted milk." I kid you not, this is written verbatim in her "baby book".)
As she grew, we quickly realized we could not infer things without her picking up on the meaning, could not even spell around her anymore and could not watch the evening news without a barrage of questions. It was actually during the whole Bill Clinton - Monica Lewinsky mess that she began to take note of what the anchors were talking about each evening. As it coincided with her class learning about the office of the President and its importance, I'd like to take a moment to thank Bill and Monica for some of the most "interesting" with that child.
There she was being taught about the power, prestige and import of being the President and then there he was in living color, getting "majorly dissed, Mom". My husband and I explained in simple terms about the lying, the cheating, etc. and that even in grown up life, those things don't "fly".
So here we are, almost four years after the fact and lo and behold, who has made another reappearance on television? Monica Lewinsky, hosting the new Fox reality show, Mr. Personality. Oh joy! Oh rapture! Oh no, guess who remembers her from Cigargate? That's right, my little observer. She saw the promo for the show and flat out stated, "She's the one who was in trouble with the President, right? Big girl? Blue dress?"
It was bad enough when Monica popped up as a short lived spokeperson for Weight Watchers. I can tell you that many women thought that was a poor choice. If Weight Watchers ever really wants to grab our attention, impress us with a Mom who has had six babies, a Dad who has dropped his beer gut, heck we'd even take the vacant Anna Nicole, but do not expect us to be impressed with a young lady whose only claim to fame is canoodling with the President. What is the message in that? Develop a new use for a hand rolled Cuban stogie and you too can roll in the endorsement/talk show/books bucks?
Well, several days after seeing the Mr. Personality promo, I was embroiled in yet another conflict with our middle child and shouted our household motto, "You don't get good things by being bad!" From around the corner came the wise old voice of the 10(0) year old saying, "Well, Monica seems to be doing pretty good for being pretty bad!".
What could I say? Point taken Culley. Hmmmm, maybe I should check MY closet for skeletons and start cashing some major endorsement checks too? I can just see me on Larry King, "Yes Larry, when I was 4 I did run down the street buck naked . . .and I am so regretful of that decision. Sob."
Calvin Klein and Donna Karan would be knocking down my door, I just know it!


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Mark Eckstein
Director, Environmental and Social Responsibility
Mark joined CDC in 2013 and is a co-director of the ESR team, along with Ritu Kumar.
Under Mark and Ritu's leadership, the ESR team has grown to be a strong and widely respected part of our value proposition. In addition to an important compliance function, the team plays a key role in delivering additional value from E&S improvements across CDC's portfolio.
Prior to joining CDC, he was Managing Director of the WWF US International Finance program. He worked across the WWF network on the promotion of sustainable lending and investment practices with banks, private equity firms and other parts of the finance sector. He developed international partnerships with Credit Suisse and Rabobank, and worked closely with a range of emerging market financial institutions.
Mark has also worked with the IFC as an environmental and social (E&S) adviser and with Sustainable Finance Ltd, a consultancy that provided support to a range of financial institutions globally.


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Woodburn Dipper
Roberton, Scottish Borders
Due for completion in Winter 2018, this is Caledonia Log Homes very own show home. Nestled in the Woodburn valley with a burn running around three sides of the house and views over the Borthwick water, this is a perfect site for a handcrafted log home.
We are proud that we used our own fantastic timber to make the flooring, finishings, doors, stairs, cladding soffit, fascia, barge, deck and handrails. A testiment to our dedication to quality and craftmanship, this really is the best that Caldeonia Log Homes has to offer.
Please get in touch to arrange a visit, we would be delighted to show you the possibilities.