Merlin claims to boost lending to businesses

first_img Merlin claims to boost lending to businesses Share More From Our Partners Killer drone ‘hunted down a human target’ without being told tonypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgFlorida woman allegedly crashes children’s birthday party, rapes teennypost.comConnecticut man dies after crashing Harley into live bearnypost.comI blew off Adam Sandler 22 years ago — and it’s my biggest regretnypost.comInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.com980-foot skyscraper sways in China, prompting panic and evacuationsnypost.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.comMatt Gaetz swindled by ‘malicious actors’ in $155K boat sale boondogglenypost.comRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comMark Eaton, former NBA All-Star, dead at 64nypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgSidney Crosby, Alex Ovechkin are graying and frayingnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgUK teen died on school trip after teachers allegedly refused her pleasnypost.com whatsapp by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryPeople TodayNewborn’s Strange Behavior Troubles Mom, 40 Years Later She Finds The Reason Behind ItPeople TodayMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesBrake For ItThe Most Worthless Cars Ever MadeBrake For ItZen HeraldNASA’s Voyager 2 Has Entered Deep Space – And It Brought Scientists To Their KneesZen HeraldBetterBe20 Stunning Female AthletesBetterBeWanderoamIdentical Twins Marry Identical Twins – But Then The Doctor Says, “STOP”Wanderoam Tags: NULLcenter_img whatsapp Wednesday 9 February 2011 8:36 pm KCS-content Show Comments ▼ HOUSTON, we have an agreement.” So joked one of the chancellor’s key allies yesterday, clearly relieved to have finally signed a deal of sorts with the four Merlin banks. But the government has got precious little for the weeks it has spent locked in negotiations with HSBC, RBS, Lloyds and Barclays. Here City A.M. looks behind the smoke and mirrors to see if Merlin is really worth the paper it is written on. LEND MORE MONEYThe government says: “The Merlin banks will lend £190bn of new credit to business in 2011, up from £179bn actual lending in 2010.” This six per cent nominal increase in business lending is no great shakes. According to the Office for Budget Responsibility, GDP will increase by 2.1 per cent next year while consumer price inflation will increase by 2.8 per cent, a total of 4.9 per cent. So it is reasonable to assume that lending would have increased by around five per cent anyway, meaning the increase is in fact very small. At any rate, this is a gross lending target, an almost meaningless measure which doesn’t take into account firms paying loans back. The net amount being borrowed by firms could still fall. “£76bn of this new lending capacity will be to small and medium-sized firms (SMEs). This is a 15 per cent increase on the amount actually lent in 2010 (£66bn).”If there is any meat to this deal, this is it. However, if banks can make a healthy return lending to creditworthy businesses, they will do it without a centrally imposed target. The BBA says banks are already approving SME loans at a rate of around 80 per cent. If anything, the government runs the risk of encouraging banks to lend to unhealthy firms, which could end up defaulting. Ironically, this is exactly what the US government did with mortgage lending, paving the way for the subprime disaster. PAY LOWER BONUSES“The 2010 bonus pool of the four banks’ UK based staff will be lower than in 2009”.Bonuses would have been lower anyway, after investment banking revenues slumped on subdued activity. Banks have also increased base pay to compensate for new European rules which effectively stop bankers from taking any more than 20 to 30 per cent of their bonus in up-front cash. “Bonuses for UK staff at the four banks will be lower than they would have been without today’s settlement.”If true, the government could claim the banks have heeded its calls for restraint. However, there is no way of substantiating this claim. Although the chair of each bank’s remuneration committee will have to write to the FSA confirming that bonuses are lower than they otherwise would have been, they won’t have to say by how much. Bonus pools could be £1 smaller, say, and the bank would be meeting the demand.BE MORE TRANSPARENT“The pay of the five highest-paid senior executive officers will be published annually on an unnamed basis, in addition to pay of the executive directors already published by name in the annual accounts.”It is hard to see what this will achieve, aside from inflating pay across the sector, as disgruntled bankers demand more after seeing what equivalent employees earn elsewhere. At any rate, the government has only stipulated that “senior executive officers” should be included: the pay of the real high rollers – star traders and deal-making investment bankers – won’t be published. Osborne’s aides say this brings the UK in line with Hong Kong, which has the strictest pay disclosure rules of any major global financial centre. But Hong Kong makes banks publish the pay of the top five earners, regardless of whether they are “executive officers”. MAKE A GREATER CONTRIBUTION TO OUR REGIONAL ECONOMY AND SOCIETY“The banks have today announced additional support of £1.2bn to support regional growth and the Big Society.”Merlin banks have committed up to £1bn for the Business Growth Fund, a fund that is meant to redistribute growth to regions outside the south-east. However, the cash won’t be up-front but will constitute “new capital available as soon as it is needed”. In other words, as with their lending commitment, banks have promised to fund investment in accordance with demand, an amount that will depend upon the government’s successful encouragement of regional growth. Just £200m of the funds, meanwhile, will be committed to the Big Society bank. While a significant donation, this amount is far off the £1bn collective donation said to be in the works several weeks ago.STABILITY FOR THE BANKS?“In return, the government commits to the success of a strong, resilient, stable and globally competitive financial services sector in which UK banks can compete with the best banks in the world on a level playing field – and in which London is a world centre for finance.”In short, the government is saying “we won’t clobber the banks with any more taxes or regulation.” Of course, any statement of this kind should be welcome, and the chancellor yesterday said it was time to move from “retribution to recovery” (echoing Bob Diamond’s “the time for remorse is over” plea). However, the chancellor’s aides say the ceasefire will only last for the duration of the Merlin deal – just one year. Banks don’t make decisions about where to base their headquarters or where to employ more staff based on one year (if they did, many would have upped sticks when Labour imposed the bonus tax). Even if the entente cordiale were to last, an increasing amount of banking regulation is written by the European Union, with British ministers powerless to prevent its damaging effects. What banks really need is long-term stability and visibility. Merlin offers neither. last_img read more

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New Zealand government sets out plans to tackle problem gambling

first_img Topics: Legal & compliance Email Address Public consultation taking place over future strategy New Zealand’s Ministry of Health (MoH) has said it is assessing the use of technology to address the issue of problem gambling in the country, amid a public consultation for its future strategy to prevent and minimise gambling harm. The MoH launched the consultation last month. It undertakes a refresh of the strategy every three years and the consultation process will run through to September 21. Feedback received will act to shape the future direction and content of the Ministry’s Strategy to Prevent and Minimise Gambling Harm 2019-20 to 2021-22. Included are draft proposals for the strategic plan, which sets out the general strategic direction and priorities for the government to address the issue. This framework comprises the proposed funding levels for the Ministry, in relation to the gambling harm prevention and minimisation activities described in the strategy. It also spells out the proposed service plan for the three years from 2019-20 to 2021-22, along with the proposed problem gambling levy rates and weighting options per gambling sector. The NZ Government enacted the Gambling Act 2003 with statutory requirements to develop an integrated strategy to prevent and minimise gambling harm and that it be reviewed every three years. The MoH acknowledged that the latest review is important in addressing the rapidly evolving gambling and gaming market. A MoH spokesman told iGamingBusiness.com: “This three yearly review recognises that changes can occur quickly in the gambling environment and allows the strategy to adapt and respond to changes.“The draft Strategy to Prevent and Minimise Gambling Harm for 2019-20 to 2021-22 discusses a number of factors that the Ministry considered when developing the proposed service plan for this period. Some of these factors address the rapidly evolving and developing gambling environment, for example, the possible growth in online gambling and the convergence between gambling and gaming.”The Act requires the Ministry to complete a gambling harm needs assessment to inform the strategy development for each strategy period. For the development of the draft strategy for 2019-20 to 2021-22 the needs assessment showed that while there has been little change in the percentage of the population affected by gambling harm, the total number of people affected has increased in line with population growth.The MoH also said that significant inequities attributable to gambling harm persist for vulnerable at risk groups, such as Mâori, Pacific people and those on low incomes. While the Ministry said service uptake has been well below expected demand, it added that about 50% of electronic gaming machines, which research shows present the highest risk of harmful gambling harm, are located in the areas with the highest socio-economic deprivation. These areas also tend to have high Mâori and Pacific populations, with these communities experiencing the highest rates of gambling harm.Concerning the main problem areas regarding gambling in New Zealand at present, the MoH added: “The main area of harm comes from non-casino gaming machines (NCGM) or pokies, commonly seen in clubs and pubs, which contribute the highest share of both people seeking help (53%) and sector expenditure (38%). “We have also seen a steady increase in lotteries presentations and spending, which now rivals casino expenditure. The emerging areas of concern are internet-based gambling and the convergence between gambling and gaming, both of which are currently unregulated.” Despite these issues, the MoH said it is “heartened” with the attitude shown by the industry towards problem gambling. It added: “While there is always room for improvement when it comes to reducing gambling harm, the Ministry is heartened by the increasing commitment from the gambling industry to instituting a ‘culture of care’. “The Ministry is looking at options to support this, for example using technology to assist where people experiencing gambling harm wish to exclude themselves from venues.” Consumers in New Zealand spent NZ$2.33bn (£1.21bn/€1.35bn/US$1.56bn) on gaming and gambling in the 2016-17 financial year, up 5.7% on the previous 12 months. Figures released by New Zealand’s Department of Internal Affairs in February showed punters spent NZ$125m more than the previous year.Image: Jamie Adams Subscribe to the iGaming newsletter AddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwittercenter_img Regions: Oceania New Zealand New Zealand government sets out plans to tackle problem gambling 6th September 2018 | By contenteditor Legal & compliancelast_img read more

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3 ways I’d profit from this stock market crash

first_img Image source: Getty Images. Kevin Godbold | Monday, 13th April, 2020 Our 6 ‘Best Buys Now’ Shares My goodness, last week was exciting in the stock markets! Many shares shot up, leading me to corrupt an old market adage like this: “Shares can go up as well as down”.But just as with bog rolls, there’s a high risk that investors could be tempted into panic-buying. And it could prove to be a dangerous move if you chase share prices up when they’re rising so rapidly. It doesn’t take much of a reversal to leave you nursing losses.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…In such volatile times in the markets, I think it’s wise to be in control of your investing more than ever. We’re all susceptible to raging emotions, and seeing the markets shoot up from a depressed state could lead to the fear of missing out.Here are three ways you can get your investing under control. If you act calmly and rationally now, you may be glad you did later because you’ll be on the way to building worthwhile gains from shares.Be very discerningOpportunities abound in the stock market right now. But rather than rushing in and buying handfuls of shares with little consideration, now’s the time to raise your requirements and insist on the best.I’d focus on the quality of the underlying enterprise and the niche the business enjoys in its markets. If the earnings are sustainable and growing, and margins are robust, you’re off to a good start.But I’d also look for a strong balance sheet, room for the business to grow over time, and a valuation that makes sense of an investment in the firm’s shares. Sit back, close your eyes, and invoke the powers of your inner Warren Buffett. What would he do? You do the same.Focus on dividendsLord John Lee taught me in his book How To Make A Million – Slowly that dividends are perhaps the most important factor when considering an investment. Lee first looks for a decent and growing return from the shareholder dividend and believes that if you can be sure of that, capital growth from the share price will take care of itself.He also believes you can learn much about current trading and the outlook for any business by examining the directors’ decisions around dividends. Indeed, focusing on dividends and their growth is a simple yet powerful tool to use when analysing share opportunities.Play the long gameNever mind that share prices were shooting up last week, you can fry bigger fish if you adopt a long-term investment horizon. I’m talking years and decades instead of days, weeks and months.Warren Buffett likes to hold the shares of great companies indefinitely, and Lord Lee has turned his investments of thousands into several million over time. Go in with a business owner’s mindset rather than the mindset of a stock jockey who’s only aiming to collect a few percent here and there. If you do that, last week’s market action will likely pale into insignificance over time. “This Stock Could Be Like Buying Amazon in 1997” Enter Your Email Address 3 ways I’d profit from this stock market crash I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement.center_img Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. Simply click below to discover how you can take advantage of this. Kevin Godbold has no position in any share mentioned. The Motley Fool UK has no position in any of the shares mentioned. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors. See all posts by Kevin Godbold I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool.last_img read more

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Instagram contest focuses on food security

first_img Associate Rector for Family Ministries Anchorage, AK Submit a Press Release Missioner for Disaster Resilience Sacramento, CA Rector Collierville, TN Rector Shreveport, LA Featured Jobs & Calls Instagram contest focuses on food security TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Submit an Event Listing Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Assistant/Associate Priest Scottsdale, AZ Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Rector (FT or PT) Indian River, MI Director of Administration & Finance Atlanta, GA This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Rector Washington, DC Rector Belleville, IL Curate Diocese of Nebraska The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Rector Martinsville, VA Rector Bath, NC Rector Hopkinsville, KY Submit a Job Listing Assistant/Associate Rector Washington, DC By Ben GravesPosted Aug 18, 2015 Rector Knoxville, TN Rector Smithfield, NC Curate (Associate & Priest-in-Charge) Traverse City, MI center_img Cathedral Dean Boise, ID Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Social Media A selection of pictures submitted to justGeneration.ca’s first Instagram contest on food security. Photos: Contributed[Anglican Journal] In a photograph, Zaida Bastos, Canadian International Development Agency (CIDA) program manager at the Primate’s World Relief and Development Fund (PWRDF), and a group of proud, smiling farmers in Rugombo, Burundi, are holding up freshly picked eggplants. What is not readily apparent in the picture is that the farmers are HIV-positive.With that in mind, the eggplant takes on an entirely new significance. The antiretroviral drugs used in the treatment of HIV must be taken with food; without it, the drugs can be fatal. From the farmers’ perspective, food security is not simply a matter of producing enough food to eat, but also of being able to safely take a medicine essential to their long-term health and wellness.It was with issues such as this in mind that justGeneration.ca, the youth initiative of PWRDF, launched its first four-week photo contest focusing on food security, using Instagram, a free online photo/video-sharing social network platform. (PWRDF is the relief and development arm of the Anglican Church of Canada.)The photograph of Bastos and the farmers was submitted to the contest, aimed at encouraging Canadian youth in general and Anglican youth in particular to reflect on the global issue of food security.Food security was broadly defined at the World Food Summit of 1996 as existing “when all people at all times have access to sufficient, safe, nutritious food to maintain a healthy and active life.” On a more immediate, and more personal level, PWRDF communications co-ordinator Simon Chambers defines food security as “not wondering where your next meal is coming from. You have either enough food that you grow yourself, or enough money to buy food without having to give up other necessities.”PWRDF staff Zaida Bastos (2nd from left) stands with a number of farmers holding freshly picked eggplants. The farmers, who are HIV-positive, are part of a PWRDF-supported farmers’ association in Rugombo, Burundi. Photo: ContributedEach of the contest’s four weeks was dedicated to a particular food-related theme, which included “comfort foods,” “eating together,” “how it’s made” and “farm fresh.” Participants were tasked with submitting pictures that best represented each week’s individual theme, with a thank-you gift awaiting the week’s top three submissions.The themes were selected in part because of the ease by which they could segue into a broader dialogue about food security. The order in which they appeared was also specifically designed to elicit a progressively deeper, more challenging discussion as the weeks went by, said Flora Yu, an intern at justGeneration.ca who helped create and implement the contest. “‘Comfort foods’ is an easy introductory theme. There are more people involved with ‘eating together,’ but you can fairly easily take photos that fit into that theme,” she said. “Further down, you have ‘how it’s made,’ where we go deeper into the process of food production and preparation…and then at the end, with ‘farm fresh,’ we challenge our participants to go straight to the source of where their food originates.”The contest was met with a positive reception, with pictures being submitted from coast to coast across Canada. And while the contest was aimed primarily at the youth demographic, justGeneration.ca saw participation from a wide variety of age groups. Submissions ranged in content from shots of double cheese and bologna grilled sandwiches (“comfort foods”), to a staff breakfast at Sorrento Centre (“eating together”), to a recipe for fresh meadow tea (“how it’s made”), to the community garden at St. Michael and All Angels Cathedral in Kelowna, B.C. in the diocese of Kootenay (“farm fresh”).Particularly effective in tandem with Canadian submissions, said Yu, were pictures—such as the “farm fresh” submission from the farming co-operative in Rugombo—submitted from international communities by people in PWRDF’s development and communications teams. “Those images tell a story about the international communities we’re working with,” said Yu. “A key to helping people understand and reflect more deeply on the global issue of food security is to get them to make connections between stories from abroad and local Canadian stories that are more personal to them.”One of justGeneration.ca’s objectives with the contest was to prompt a discussion about the meaning of food security in Canada as compared to other countries around the world. The presence of international pictures was an essential part of that conversation.Food security forms a core part of PWRDF’s international development work, particularly through its Fred Says campaign. PWRDF’s youth initiative, justGeneration.ca, places a similar emphasis on the issue.Yu hopes to see the contest take further strides next year, and said that with the strong response she sees potential for an annualized format. “We need to continue to share people’s stories and help them realize the many meaningful ways in which they are connected to our work.” Rector/Priest in Charge (PT) Lisbon, ME Rector Tampa, FL Priest Associate or Director of Adult Ministries Greenville, SC Featured Events Assistant/Associate Rector Morristown, NJ In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Associate Rector Columbus, GA Canon for Family Ministry Jackson, MS Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Family Ministry Coordinator Baton Rouge, LA Course Director Jerusalem, Israel Youth Minister Lorton, VA Tags Bishop Diocesan Springfield, IL Rector and Chaplain Eugene, OR Anglican Communion, New Berrigan Book With Episcopal Roots Cascade Books Director of Music Morristown, NJ AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Rector Albany, NY Associate Priest for Pastoral Care New York, NY Press Release Service Rector Pittsburgh, PA Priest-in-Charge Lebanon, OH last_img read more

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Anatomy of an investigation: The case that rocked the Apopka Fire…

first_img 1 COMMENT The Anatomy of Fear LEAVE A REPLY Cancel reply Please enter your name here Reply TAGSApopka City Administrator Edward BassApopka City Attorney Joseph ByrdApopka Fire Chief Chuck CarnesaleApopka Fire DepartmentApopka Mayor Bryan Nelson Previous articleWhat the season of fall – and science – teaches us about life and deathNext articleFriends of Children and Families announce job openings Denise Connell RELATED ARTICLESMORE FROM AUTHOR Free webinar for job seekers on best interview answers, hosted by Goodwill June 11 I remember when AFD took over the Orange County Fire Station, out there at Rock Springs, no one I remember, griped about it, but on social media sites, there was some griping by residents that had been in the county, and resented the changes being made. From my standpoint of view, if the negotiated agreement to take over Station 29 from Orange County, was a poor agreement, then wouldn’t it involve everybody… the city council, the former Apopka fire chief, Orange Co. Commission, city and county staffers, and the Orange County Fire Chief too? ( I think he is the former Orange Co. fire chief too now)….and most especially, the legal counsels of both entities, who wrote up the agreement to execute it???? Doesn’t seem fair to put all of this, just on former Apopka Fire Chief, Chuck Carnesale. And I actually don’t know if it was a poor agreement, or not. Looking at all of this, I would attribute part of the problem as an internal power struggle within the fire department “players”, the other part, the strong political divide and undertow of the city’s “players”, and the fact that the chief had been there a long time, made big money, and was getting closer and closer to retirement, and the “drop” program, and how it works. Everyone has their own opinions as to what brought this situation to a head. This is my opinion. I really felt there was no cause to turn the Apopka Fire Department upside down with an investigation, especially a criminal one, that went out all over the news sources. Our Apopka Fire Department was, and still is number 1! I would like to add, it isn’t easy at the top of any leadership position, working for the government. Truly a thankless job with a bunch of back-stabbers working behind the scenes! Opinion/AnalysisBy Reggie Connell/Managing Editor of The Apopka VoiceOn September 18th, the City Council ratified the appointment of Sean Wylam as Fire Chief of the Apopka Fire Department after the retirement of former fire chief Chuck Carnesale. The week before that, City Attorney Joseph Byrd concluded his investigation into wrongdoing at the Apopka Fire Department, and found all allegations made against Carnesale to be either inconclusive or unfounded.And with the investigation completed, Carnesale retired, and a new fire chief installed, that should close the book on one of the uglier chapters in Apopka’s history.But has this truly been resolved?In a three-part series entitled “Anatomy of an investigation: The case that rocked the Apopka Fire Department”, The Apopka Voice will analyze each aspect of this investigation – from the events and actions that led to it, the allegations, the evidence of those allegations, and the conclusions drawn from that evidence. In part one, entitled “How did we get here?”, we analyze and report on the events leading up to the three-month long investigation and attempt to understand how a beloved 37-year veteran of the Apopka Fire Department that worked his way up the ranks to become its fire chief concluded his career by being the target of an investigation, and ultimately retiring only two days after announcing it, and before the investigation concluded. The Apopka Voice analyzes the report’s narrative, written by Byrd, that includes some surprising assertions made by Byrd, City Administrator Edward Bass, and Apopka Mayor Bryan Nelson.* * * * *Part One: How did we get here?For newly elected officials, there is often a brief time at the start of their terms called “the honeymoon period”. During this time, negativity subsides, approval ratings rise, and the residents of a municipality view their new leader with optimism and happy thoughts – grateful to be past another tough election cycle.For Apopka Mayor Bryan Nelson, that honeymoon period came in the spring of 2018. Fresh off an historic victory in the 2018 Apopka Mayoral race in which he received 63% of the vote, Nelson sailed into the budget season optimistically looking at blue skies ahead. But by summer the summer months, the heat from a controversy brewing at the Apopka Fire Department had made its way to city hall.Nelson’s honeymoon period was about to end.According to Apopka City Attorney Joseph Byrd’s report, AFD Deputy Fire Chief Ray Thompson verbalized complaints from members of the AFD against Chief Chuck Carnesale. In Byrd’s investigation into these complaints, he writes:“Around or about April 2018, Mayor Bryan Nelson was elected to office. Some months after this time, various staff members brought allegations of misconduct against Chief Carnesale through the chain of command to Deputy Chief Ray Thompson. In the summer and fall of 2018, Deputy Chief Thompson orally reported some of these allegations to the City Administrator, Edward Bass.”The report continues, describing a chain of command at city hall that included actions taken by the Human Resources Department, the city administrator, and even the mayor.A verbal allegation vs. a written allegation?In the report, Byrd writes:“Mr. Bass and Human Resources Manager Tangela Whaley addressed one allegation related to Carol Zimmerman, an hourly employee of the AFD serving as a secretary to Chief Carnesale falsifying her time records. Mr. Bass also attempted to resolve allegations related to the NEB Group, Inc., the AFD’s EMS billing company. Mr. Bass did not directly address the remaining allegations as they were not put in writing.”Bass did not respond to an email from The Apopka Voice that asked if he did in fact not respond to Thompson’s allegations solely because they were not put in writing.Issues with the Orange County Fire Station 29 deal?According to the report, Nelson was made aware of the verbal allegations leveled by Thompson later in 2018, but he had other concerns with Carnesale that were not related to those allegations. It was at this point in 2018 that Nelson decided to replace him as fire chief.In the report, Byrd writes:“Mayor Nelson determined that in addition to the oral allegations brought to the City Administrator’s Office, certain management decisions by Chief Carnesale that were costly to the City (such as poor management of overtime pay and a poorly negotiated agreement with Orange County regarding services to Station 29) were sufficient to require a transition in the Fire Chief’s position, particularly since with nearly 30 years of service he was “in the drop” and near retirement.”But if Nelson had issues with the Orange County Fire Station 29 deal, he did not make them known. At the August 15th, 2018 City Council meeting, Carnesale presented the agreement to the City Council, but it was after a three-year process that included an outside firm’s endorsement, and the backing of city staff, staff from Orange County, the Orange County fire chief, and Carnesale. During Carnesale’s 15-minute presentation, Nelson did not ask any questions, show any signs of discontent with the deal, and voted in favor, along with unanimous support from the Council.Here is the summary released by Apopka city staff in relation to the Fire Station 29 agreement as part of the agenda packet for the August 15th, 2018 City Council meeting:In February 2015, TriData, a nationally recognized firm specializing in public safety research and consulting, was contracted to conduct a fire station location study for the Orange County Fire Rescue Department. The study analyzed the current deployment of fire stations, and the potential need for additional stations or the relocating of stations to better serve the county. The study reviewed current allocation/ locations of resources, forecast future demands for service in light of expected growth and recommended changes to the current system. The study resulted in the following recommendations of Fire and EMS coverage for Orange County Fire Station 29 located on Kelly Park Road:1. With recent annexations and the current and projected growth to the north of Apopka and NW Orange County, work with Apopka to provide Fire and EMS coverage and consider a monetary incentive for Apopka.2. Move forward with negotiations to have Apopka provide service to the area presently served by Station 29 and to provide automatic aid (backup) to areas of unincorporated Orange County where Station 29 would normally respond if needed.3. Establish a Mutual-Aid agreement with Apopka. With the location of Apopka Fire Station 2 ( Welch Rd.), the recent opening of Fire Station 5 ( Firehouse Lane) and the continued growth/ annexations to the north has caused a reduction of the service area at Orange County Station 29. The Orange County Fire Rescue Department approached the city with a proposal for Apopka to take over fire -rescue services for the area currently serviced by Fire Station 29 located on Kelly Park Road. After several months of negotiations, the Fire Chiefs from both agencies, along with city and county staff, have agreed upon a service area and plan for the Apopka Fire Department to provide coverage of the existing Station 29 area and a means to provide automatic – aid backup) to areas where Station 29 would normally respond.The fact that Nelson wanted to replace Carnesale as fire chief in 2018 does, however, coincide with reports The Apopka Voice received in which Nelson was already grooming Deputy Chief Sean Wylam as a replacement for Carnesale in December of 2018.As reported in The Apopka Voice on July 26, 2019:Since he became fire chief in 2016, Carnesale has made it a tradition to visit all six fire stations in Apopka on Thanksgiving and Christmas to deliver a smoked turkey and ham to the units on duty that day.That tradition, however, was interrupted last Christmas.On that day, according to multiple sources with knowledge of the visits, Nelson and Deputy Fire Chief Sean Wylam made the rounds to the fire stations instead, without informing Carnesale of their intentions or inviting him to come along. * * * * *A separation agreement to reduce a transition plan to writing?The report also includes details of a negotiation between the administration and Carnesale that took place before March of 2019 and an explanation for the separation agreement that was sent from Byrd to City Administrator Edward Bass in March of 2019.In the report, Byrd writes:“In 2019, Chief Carnesale, Mayor Nelson, Edward Bass, and Tangela Whaley began to discuss the manner of the transition. Conversations about his retirement included plans that ranged from months to years, so in late March 2019, the City Attorney, at his sole initiative, provided a draft of a separation agreement to assist City administration and Chief Carnesale to reduce a transition plan to writing. Chief Carnesale provided some options for his retirement in writing as well.”This part of the report either runs counter to or omits reports from anonymous sources that told The Apopka Voice Carnesale was shocked by their intent to replace him as fire chief. * * * * *As reported in The Apopka Voice on July 26, 2019:The reason became apparent to Carnesale at his employee evaluation with Whaley and Bass on January 9th. According to a source with knowledge of the event, and one city employee speaking on the condition of anonymity, Carnesale received his third-straight “excellent” rating as Chief – a perfect score of 60 was confirmed in a public record request of Carnesale’s 2018 evaluation from former City Administrator Glenn Irby. But then Whaley followed the evaluation with this statement:“We’re going in a different direction (for the fire chief),” Whaley said.A stunned Carnesale looked to Bass for an understanding of this shocking news, but Bass did not offer any specifics.“I don’t agree with it,” he said. “But ‘people above me’ want to go in this direction.”And according to the Apopka City Charter, the only person above the city administrator is the mayor.According to sources inside city hall speaking on condition of anonymity and multiple sources close to the issue, two to three weeks passed before Nelson met with Carnesale to explain his decision. But Nelson stuck to the same basic message given to Carnesale during the evaluation meeting and did not offer any specifics to the fire chief for his removal.“We’re just going in a different direction,” said Nelson. “(But) I’ll give you a recommendation for any school or city you want to go to.”* * * * *A surprising turn of events in the transition of fire chiefsAfter describing the negotiations between the administration and Carnesale as interactive with both sides offering options, a surprising turn of events took place according to the report – an agreement was reached to keep Carnesale on as fire chief.In the report, it states:“By mid-April 2019, Chief Carnesale and City Administration determined to attempt a path for Chief Carnesale to remain as Fire Chief wherein he would delegate fiscal management to the Assistant Chief, Sean Wylam. City Administration was satisfactorily convinced that the majority of the allegations were either addressed or were in the process of being addressed. On April 17, 2019, when the questions of terminating Chief Carnesale arose from members of the public in the City Council Meeting, Mayor Nelson noted that Chief Carnesale was not being terminated.”At the April 17th City Council meeting, Nelson did deny the allegation that he would replace Carnesale as fire chief, but was not forthcoming about the evolving desire to replace Carnesale or to allow him to stay on, but with limited responsibilities. Instead, he focused on one specific allegation he received online.“I’ve got a former resident of Apopka who went on about me firing the police chief and the fire chief and it’s not true… so I apologize,” Nelson said. “I know Linda (City Clerk Linda Goff) and I have been dealing with this guy and it’s really gotten kind of out of control. I know a lot of you have asked me over the weekend about this, and I had a lady this afternoon tell me that she saw all of this stuff online and she would be worried… scared for your own life. It’s about him losing his wife five years ago. We’ve done testing… water and soil testing for him. But he just goes off on a rant… it seems like nothing helps. He’s off the chain. So I don’t know how to handle it. But social media, it’s the new media that you have to live with. I wanted to give you a little background, but the last two weeks have been a real challenge… But the short answer is he’s not being removed nor is the police chief.”* * * * *A whistleblower emerges: Verbal allegations turn to written allegationsAfter Nelson made the statement at City Council that he was not replacing Carnesale, Thompson followed up on his verbal allegations from 2018 with an official whistleblower email sent to the administration, according to the report.“On April 25, 2019, after that affirmation (of Carnesale to remain as fire chief), an email from Deputy Chief Ray Thompson was sent to Mayor Nelson, Mr. Bass and to the City Attorney making specific allegations against Chief Carnesale “pursuant to ‘Whistle-Blower Act”. Whereas Ms. Whaley was out of the office for medical reasons and could not perform an investigation and City Administration deemed it improper for subordinate AFD employees to perform an investigation, it was determined that the investigation would be completed by the City Attorney.”Thompson’s first email, while it does cite other AFD employees, does take responsibility for the validity of the complaints, and does cite whistleblower protection in the email. He also points out that action was not taken when he verbally reported it to Bass in 2018.“I am in good faith reporting the following specific information that I and other employees have previously reported to you in which appropriate action has not been taken.Tampering with test scoresCoercing employees on-duty into signing a political petition for a specific candidateUse of DL photos for discriminatory hiring practicesDeceptive information presented to City AdministrationPotential misappropriation of fundsAllowing an “evaluated source 11 vendor who was unlicensed to place the Department and City in great JeopardPartisan favoritism and manipulating department policy to benefit specific employees.Allowing the payroll custodian to falsify time recordsAs you know, there are City employees that can substantiate these allegations. I have placed myself in great peril to protect the City and its residents and I expect the same in return.I am prepared to present this to the State Attorney’s Office if need be.”Byrd later asked Thompson for more details in order to move forward with an investigation into Carnesale, according to the report, and based on Thompson’s second email, and testimony from two AFD employees, he felt he had enough to justify an investigation.In his report, Byrd writes:“Accordingly, on the afternoon of May 7, 2019, the recorded sworn statements of Vicky Carnicella was taken and on May 16 and 17, 2019, the recorded sworn statement of Captain Wil Sanchez was taken. The sworn statements of Ms. Carnicella and Captain Sanchez corroborated the statement of Deputy Chief Ray Thompson and were determined to be credible to provide probable cause that a full investigation was required.”In Part Two: Accusations – unfounded and inconclusiveThe investigation into wrongdoing at the Apopka Fire Department concluded with Chief Carnesale as the subject. But after three months, 11 interviews, 21 exhibits, and six correrspondences, the 36-page report finds all eight allegations against Carnesale to be either inconclusive or unfounded. Is this because Carnesale was not interviewed, or was there simply not enough evidence to merit any allegations as founded?center_img Mama Mia September 24, 2019 at 1:43 pm Please enter your comment! Share on Facebook Tweet on Twitter Support conservation and fish with NEW Florida specialty license plate You have entered an incorrect email address! Please enter your email address here Save my name, email, and website in this browser for the next time I comment.last_img read more

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Court Cannot Second-Guess Authority’s Interpretation Of Tender Unless It Is Arbitrary, Perverse Or Malafide, Reiterates Supreme Court

first_imgTop StoriesCourt Cannot Second-Guess Authority’s Interpretation Of Tender Unless It Is Arbitrary, Perverse Or Malafide, Reiterates Supreme Court LIVELAW NEWS NETWORK11 April 2021 11:30 PMShare This – xAn Authority’s interpretation of its own Tender cannot be so second-guessed by a Court unless it is arbitrary, perverse or mala fide, the Supreme Court reiterated.In this case, a bid submitted by the appellant was accepted and it was awarded the contract. The High Court, while allowing the writ petition filed by another bidder, set aside it directed the authority to award contract to it….Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginAn Authority’s interpretation of its own Tender cannot be so second-guessed by a Court unless it is arbitrary, perverse or mala fide, the Supreme Court reiterated.In this case, a bid submitted by the appellant was accepted and it was awarded the contract. The High Court, while allowing the writ petition filed by another bidder, set aside it directed the authority to award contract to it. This judgment was challenged before Apex Court in appeal. The appellant’s contention was that the the High Court could not have second-guessed the authority’s reading of its own tender and held that a registration certificate granted under the Orissa Shops and Commercial Establishments Act, 1956 could replace a labour licence under the Contract Labour (Regulation and Abolition) Act, 1970.”This Court has repeatedly held that judicial review in these matters is equivalent to judicial restraint in these matters. What is reviewed is not the decision itself but the manner in which it was made. The writ court does not have the expertise to correct such decisions by substituting its own decision for the decision of the authority.”, the bench comprising Justices RF Nariman and BR Gavai observed at the outset. The court noted that the authority which floats the contract or tender, and has authored the tender documents is the best judge as to how the documents have to be interpreted. If two interpretations are possible then the interpretation of the author must be accepted.  It reproduced the observations made in Tata Cellular v. Union of India, (1994) 6 SCC 651:”(1) The modern trend points to judicial restraint in administrative action. 8 (2) The court does not sit as a court of appeal but merely reviews the manner in which the decision was made. (3) The court does not have the expertise to correct the administrative decision. If a review of the administrative decision is permitted it will be substituting its own decision, without the necessary expertise which itself may be fallible. (4) The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. Normally speaking, the decision to accept the tender or award the contract is reached by process of negotiations through several tiers. More often than not, such decisions are made qualitatively by experts. (5) The Government must have freedom of contract. In other words, a fair play in the joints is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi-administrative sphere. However, the decision must not only be tested by the application of Wednesbury principle of reasonableness (including its other facts pointed out above) but must be free from arbitrariness not affected by bias or actuated by mala fides. (6) Quashing decisions may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure.”The bench observed that the High Court overstepped the bounds of judicial review in such matters. “The requirement of this Act that its applicability be extended only to establishments in which there are 20 or more workmen can be done away with by the appropriate government under the proviso, making it clear that this is not an inflexible requirement. In any case, the acceptance of such argument would amount to second-guessing the authority’s interpretation of its own TCN which, as has been stated hereinabove, cannot be so second-guessed unless it is arbitrary, perverse or mala fide.” the court said while setting aside the High Court order.Case: M/S Utkal Suppliers vs.  Maa Kanak Durga Enterprises  [CA 1517-1518 OF 2021]Coram: Justices RF Nariman and BR GavaiCitation: LL 2021 SC 207Click here to Read/Download JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Spann honored for arts commitment

first_img Book Nook to reopen Plans underway for historic Pike County celebration “Jerry is one of the founding members of the Troy Arts Council, which was founded in 1972,” said Kristi Drinkwater, TAC president. “He has served the TAC for many years and in different leadership positions, including our presenter chair, which is a position of great responsibility. Jerry has done an excellent job in bringing outstanding arts programs to Troy. He has spent countless hours putting these programs together and putting his best foot forward in representing the TAC.”Drinkwater said that, not only has Spann been actively involved in the TAC, he has promoted the arts in other ways.“Jerry was a music teacher in the Troy City Schools for many years,” she said. “He has touched countless lives through his music classes and the Troy Arts Council. We wanted to recognize and honor him for his many contributions.” “Several of us were working with the state arts council on a federal project,” he said. “Betty Wagoner and Olivia Rainer were two. The project was designed to bring art, music, dance and drama into the classroom by training teachers to use the arts. Only five sites in the nation were selected for the project, which included workshops and residencies. It was a wonderful program.” When the two-year project ended, Spann said there was a movement under way to keep the arts alive in Troy and the TAC was born. “The purpose of the TAC was to improve the culture of the community by bringing different arts programs to town,” Spann said. “As presenter chair, I had opportunities to attend annual meetings throughout the Southeastern district and see a lot of shows that are available and to be a part of choosing the shows that we offered here.”Spann, laughingly, said he learned to bargain with agents in order to get the best shows at the best prices.“There’s a lot more involved than you would think in producing these performances,” he said. “There are bookings and scheduling and the telephone is ringing all the time and there are e-mails to answer. It takes a lot of time and effort to put on a show. There are so many little things that have to be done and it had just gotten to be a little much for me. I decided that it was time for me to let someone else take over.” Spann said he will continue to direct the choir at First United Methodist Church in Troy and he keeps his gold ticket in his pocket at all times because he doesn’t want to miss any of the fantastic programs that the TAC offers. “John Jinright will do a great job as presenter chair and I’m looking forward to using my gold ticket but I will still be a patron of the arts because the arts play such a significant role in our community,” Spann said. Skip Pike County Sheriff’s Office offering community child ID kits When Jerry Spann announced his retirement from the Troy Arts Council recently, he thought all had been said and done.But to his surprise and honor, the TAC didn’t let him go without expressing the council’s appreciation for his dedication, commitment and tireless efforts during more than three decades of service.The TAC took the opportunity to recognize Spann and thank him for all that he has done to further the cultural arts in Troy during a presentation of the American Spiritual Ensemble at the Claudia Crosby Theater on Jan. 30 Sponsored Content You Might Like Retirement celebration to be held Saturday The city of Brundidge will roll out the red carpet Saturday night in celebration of the retirement of Wayne Grant… read more Troy falls to No. 13 Clemson By Jaine Treadwell By The Penny Hoarder Published 11:03 pm Thursday, February 5, 2009 The TAC presented Spann with a gold ticket which will admit him to all future presentations of the council.“We want Jerry to know that we still want him to be a part of all that we do,” Drinkwater said.Spann said he is appreciative of the recognition and hopes that he has made a contribution to the mission of the TAC. He pledged his continued support – just on a different level.As a charter member of the organization, Spann pointed to the work done on a federal project as the foundation of the arts council. Print Article Spann honored for arts commitment Penny Hoarder Issues “Urgent” Alert: 6 Companies Are… Latest Stories Email the author Remember America’s heroes on Memorial Day Around the WebMd: Do This Immediately if You Have Acid Reflux (Watch Now)Healthy LifestyleIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthRemember Them? I’m Sure Their New Net Worth Will Leave You SpeechlessbradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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Starling to attend Capstone Leadership Academy

first_img “Academics are important because they determine your future. I study, especially when a hard test is coming up. I really like math and science is the subject that is hardest for me. But I try my best in all subjects. Doing my best is important to me.”Most of Starling’s afternoons are spent on the baseball diamond.He pitches and plays first base. As a sophomore on a talent-laden team, he is working hard and patiently waiting for his turn as a starter.“I really enjoy sports, especially baseball and I’m working hard at it,” he said. Plans underway for historic Pike County celebration By The Penny Hoarder Skip By Jaine Treadwell You Might Like Soles4Souls changing the world one pair of shoes at a time Kelly Cash and Eady Pinckard were quick to admit that a large number of high school students have no idea… read more Starling to attend Capstone Leadership Academy Latest Stories The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Published 10:01 pm Friday, April 2, 2010 Pike County Sheriff’s Office offering community child ID kits A Pike Liberal Arts School student is among the 100 sophomores from across the state who will attend the third annual Capstone Leadership Academy at the University of Alabama April 15 and 16.Susan Carr, PLAS guidance counselor, said Joshua Starling is an outstanding student and a model young man.“Josh is very deserving of this honor and it is a real honor for him to be selected to attend the Capstone Leadership Academy,” Carr said. “Students had to first be nominated by school administrators. The nominees were asked to submit a resume and transcript and an essay for evaluation by the Capstone Council. Each school could nominate two students so there were many nominations from all across the state but only 100 were selected. We are very proud of Josh.”Starling is a scholar/athlete at PLAS. He maintains a 4.0 GPA and plays varsity baseball for the Patriots.“It’s an honor to be selected to attend the Capstone Leadership Academy,” said Starling who plans to attend the University of Alabama after high school. Book Nook to reopen Troy falls to No. 13 Clemson Around the WebMd: Do This Immediately if You Have Acid Reflux (Watch Now)Healthy LifestyleIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthBet You’re Pretty Curious About Jaden’s Net Worth Right About Now, HuhBradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Remember America’s heroes on Memorial Day Print Article Starling is enjoying high school and is focusing on the things that he needs to do to prepare him for college and a career.“I’m not sure right now about a career but I’m thinking about sports medicine or maybe becoming a sports trainer,” he said.For Starling the Capstone Leadership Academy will be a stepping-stone to his future and he’s looking forward to the opportunities that await him there.The students will be addressed by guest speakers and participate in discussions that focus on the academy’s theme of values, vision and voice.Starling said developing his leadership skills will benefit him in many ways in high school and in whatever path he chooses in life.“To be a good leader, you have to be able to communicate,” he said.“You have to able to get other people to listen to what you have to say and you have to learn to listen to what others say. There are many qualities that make up a good leader. The Capstone Leadership Academy will help me develop those qualities and so this will be a great opportunity for me.” Sponsored Content Email the authorlast_img read more

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More severe weather expected in Gulf states

first_imgABC News(NEW YORK) — A stalled frontal system responsible for the severe weather along the Gulf Coast Tuesday will not be going anywhere soon.More severe weather is expected Wednesday from eastern Texas into Louisiana, where more straight-line damaging winds are possible. An isolated waterspout or a tornado cannot be ruled out.These severe storms will be moving very slowly over the next 24 hours and that could bring more flash flooding to the Gulf Coast. Locally, more than 4 inches of rain is possible.Flash flood watches continue Wednesday for Louisiana, Mississippi and Alabama.Severe thunderstorms moved through the Gulf Coast Tuesday, producing damaging wind gusts up to 75 mph and more than a half a foot of rain.Some ships off the Louisiana coast reported wind gusts near 100 mph. A 129-ft commercial boat capsized south of Grand Isle, Louisiana. At least six people have been rescued from the water, according to the U.S. Coast Guard.Thousands of people were without power in southern Louisiana, where widespread damage was reported on land to buildings and power lines.Meanwhile, winter-like weather is moving through the Rockies and some northern states.Winter storm watches and warnings have been issued for the Rockies, where more than a foot of snow is forecast Wednesday.The same storm system that brought snow to the Upper Midwest Tuesday will combine with the southern system and will bring heavy snow to New England and upstate New York Wednesday.A winter storm watch has been issued for Vermont and Massachusetts for Thursday night into Friday, where more than half a foot of April snow is expected.Up to 10 inches of snow fell in parts of North Dakota Tuesday and 4 to 6 inches from Colorado to Minnesota.Copyright © 2021, ABC Audio. All rights reserved.last_img read more

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Tribunal’s assessment of disability was unfair

first_img Previous Article Next Article Tribunal’s assessment of disability was unfairOn 1 Jul 2001 in Personnel Today Comments are closed. When determining a disability discrimination claim, a tribunal should haveconsidered the tasks the plaintiff could not, rather than could, perform.  Plus, cases on constructive dsmissal,disciplinary hearings and finding a race discrimination comparatorWhat constitutes a substantial adverse effect? Ekpe v Commissioner of Police of the Metropolis Unreported, May 2001, EAT Ekpe had a muscle-wasting disease in her right hand. During her disabilitydiscrimination claim, it was accepted that this condition constituted an”impairment” that had an adverse effect on her ability to carry outmany activities. Nevertheless, the tribunal held that as it did notsubstantially affect Ekpe’s normal day-to-day activities, she was not disabledwithin the meaning of the Disability Discrimination Act 1995 and her claimfailed. Ekpe successfully appealed and the EAT made two findings. First, whendeciding whether or not the condition caused a substantial adverse effect onEkpe’s normal day-to-day activities, the tribunal should have considered whatactivities Ekpe could not carry out rather than establishing those that shecould. Second, the tribunal was wrong to consider that activities such asputting in hair rollers or applying make-up were not normal day-to-dayactivities simply because a small percentage of the population undertook thoseactivities. By their very nature they were clearly normal day-to-day activitiesand the tribunal’s decision to the contrary was perverse. A series of breaches can constitute constructive dismissal JV Strong & Co v Hamill IDS Brief 684, May 2001, EAT For almost a year Hamill suffered a series of incidents of harassment andbullying, including dog faeces placed in his work bag and rancid milk in hisboots. In 1998 the investigation into the incidents concluded they had nothappened. Hamill voluntarily transferred to another site, which initially wentwell. In 1999 his supervisor criticised him for taking too long on a job, eventhough it was not his fault. Hamill resigned and successfully claimedconstructive dismissal. The tribunal held that the cumulative effect of the incidents amounted to afundamental breach of the implied term of trust and confidence and the factthat Hamill continued working after the initial incidents did not mean he hadwaived his right to claim constructive dismissal following the final incident.The issue was whether the last incident was sufficient a trigger to revive theprevious incidents. Most important was the nature of the incidents, the time over which theyoccurred, and the length of time between them. Any waiver was not “onceand for all”, but rather conditional on there being no repeat. Damages for loss of accrued pension rights Silvey v Pendragon Unreported, May 2001, CA Silvey was made redundant in November 1997, 12 days before his 55th birthdaywhen he would have become entitled to certain accrued pension rights. He wasentitled to 12 weeks notice, but accepted a payment in lieu. He had no pay inlieu of notice clause, so technically had been wrongfully dismissed. Silvey successfully claimed damages for the loss of the pension rights, butboth the tribunal and EAT held his loss stemmed from the date of terminationrather than the breach of contract. On appeal, the Court of Appeal found that the cause of the loss was thebreach of contract, (namely not allowing Silvey to serve his 12 weeks notice).Accrued pension rights depended on service and any dismissal before Silvey’s55th birthday would have a detrimental effect on him. The loss was not tooremote and he was entitled to damages for his loss. Can a majority shareholder be an employee? Sellars Arenascene v Connolly IDS Brief 683, CA Connolly was the majority shareholder in EGP, which in turn had a 99 percent shareholding in Arenascene. Connolly had a service agreement with EGP toact as managing director and chairman of both companies, which were both soldto IRH in April 1992. Connolly entered into a contract of service with IRH to act as managingdirector for his former companies, but held no shares in them. In June 1992 IRHsold Arenascene to Sellars Arenascene, which terminated Connolly’s employment. Connolly’s claim for unfair dismissal failed because the tribunal found thatprior to April 1992 he was the controlling shareholder of EGP rather than anemployee and did not have the requisite continuity of employment. Connolly successfully appealed to the EAT, which held that the tribunal waswrong to find that because Connolly was a controlling shareholder before hisemployment with IRH, he could not be an employee. Sellars Arenascene’s subsequent appeal failed. Although the Court of Appealconfirmed that Connolly’s position as a controlling shareholding was animportant factor in deciding his employment status, (and in some cases could beconclusive) it was not the only factor. There was no reason in principle why acontrolling shareholder could not also be an employee. Race discrimination comparator Bhatt v London Borough of Hounslow Unreported, June 2001, EAT Bhatt brought successful claims for unfair dismissal and victimisation underthe Race Relations Act 1976. With regard to the victimisation claim, thecomparator used by the tribunal was simply an employee who had not carried outthe protected act. Hounslow successfully appealed to the EAT, which held that the tribunal’scomparator was too wide and that the Race Relations Act required considerationof whether Bhatt would have been treated less favourably than an actual orhypothetical comparator in any “relevant circumstances”. Whilst thisdid not mean comparison on a “like-for-like” basis, it did call forconsideration of circumstances that were relevant to the treatment Bhatt hadreceived, principles established in the cases of Khan and TNT Express. The circumstances relevant in this case were that Bhatt had requestedredundancy dismissal on early retirement terms and had undergone disciplinaryhearings. Care needed when conducting disciplinary hearings Cave v Goodwin IRLB 664, Court of Appeal Cave, who had learning difficulties, was dismissed following his admissionof gross misconduct. He brought a disability discrimination claim, arguing thatGoodwin’s refusal to allow him to be accompanied by a friend (who was not a workcolleague) at the disciplinary hearing put him at a disadvantage. The employment tribunal found that when compared to non-disabled people, thedisciplinary arrangements had not placed Cave at a substantial disadvantage andthe duty to make reasonable adjustments, such as permitting outsiderepresentation, did not arise. The tribunal’s decision was overturned by the Employment Appeal Tribunal butrestored by the Court of Appeal. It held that whether or not Cave had suffereda detriment was a question of fact. Although Cave could have been placed at adisadvantage by not being allowed outside representation, the tribunal hadconsidered all the relevant evidence and had concluded that Cave compared morethan adequately with non-disabled persons. As a result, he had suffered no detriment, although Goodwin was criticisedfor not explaining in person the allegations contained in the suspensionletter. Strike out, medical reports and human rights De Keyser v Wilson IDS Brief 685, EAT Wilson claimed constructive dismissal arising from stress at work, supportedby a medical report. De Keyser instructed its own medical expert. The letter ofinstruction listed events in Wilson’s private life that could have caused herillness. The tribunal struck out De Keyser’s defence on the basis of its scandalousconduct and breach of article 8 (Right to Privacy) under the Human Rights Act.The decision was overturned on appeal. The EAT held that there had been nobreach of article 8 – the letter was written before the Act took effect, DeKeyser was not a public body and none of the information had been obtainedsurreptitiously or in confidence. Further, the tribunal should have considered whether a fair trial of theissues was still possible before deciding to strike out. A fair trial was stillpossible if a new doctor was instructed. The instructions could refer to otherpossible causes of stress to lead the expert to make adequate enquiries but shouldnot seek to induce bias.   Related posts:No related photos.last_img read more

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