Due to the election of Michael J. Faehner as president-elect of the Young Lawyers Division, his Sixth Circuit seat will become open commencing with the Bar’s Annual Meeting on June 27.The board will appoint someone to fill the remaining year of the term. Eligible members of the division from the Sixth Circuit wishing to apply for this seat should submit (by mail or fax) a letter requesting consideration to Austin Newberry, The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300, fax: (850) 561-5825 by no later than 5 p.m. on May 13.Bryant petitions for Bar reinstatement Applicants are being sought to fill a judicial vacancy in the county court of the 10th Judicial Circuit resulting from the elevation of Polk County Judge James A. Yancey to the circuit bench.Applicants for the judicial position must have been members of The Florida Bar for the preceding five years, registered voters, and reside in the 10th Judicial Circuit upon assuming office.Applications may be obtained from The Florida Bar Web site at www.flabar.org or Scott Bunn, JNC Chair, 99 Sixth Street, S.W., Winter Haven 33880.An original and nine copies of the completed application must be received by Bunn not later than 5 p.m. May 12. In the past, applicants who failed to strictly comply with the application deadline and filing requirements were treated as if they had not applied at all. Interviews will be scheduled during the latter part of May.Grier petitions for Bar reinstatement Bar acquires new mailing address Pursuant to Rule 3-7.10, John Newman Bryant, of Jacksonville has petitioned the Supreme Court of Florida for Bar reinstatement.Any persons having knowledge bearing upon Bryant’s fitness or qualifications to resume the practice of law should contact James Morton, staff investigator for The Florida Bar, at (800) 342-8060, ext. 5845,or (850)561-5845.Proposed board actions April 30, 2003 Notices Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its May 28-30 meeting on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable.Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective.To receive a full copy of the text of any of these proposed amendments call (850)561-5751 — please reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 1 General Subchapter 1-3 Membership 1. Rule 1-3.8 Right to InventorySummary: Creates new subdivision (c), to require all members who practice law in Florida to designate another member of the bar who has agreed to serve as their inventory attorney if needed. 2. Rule 1-3.10 Appearances by Non-Florida LawyersSummary: Within rule and subdivision (a) titles, amends verbiage to specify that provisions address appearances “in a Florida court”; also within (a), adds requirement that any such non-Florida lawyer be “currently eligible to practice” in another state; in (a)(2), deletes language authorizing judicial discretion to allow additional appearances beyond 3 in a 365-day period; deletes (a)(4)’s prohibitions on inactive, suspended, or former bar members – now addressed in new (b); creates new subdivision (b), setting forth specific prohibitions on appearances by non-Florida lawyers; within new (c) – former (b) – rearranges content of verified motion for leave to appear, to track language of Fla.R.Jud.Admin. 2.061 and add requirements for disclosure of all bar admissions, and any pro hac vice appearances in Florida within the preceding 5 years; also adds non-refundable filing fee of $250 for all such motions, and requirements for the movant’s verification, and the signatures of any Florida Bar members associated for purposes of the representation. 3. Rule 1-3.11 Appearances by Non-Florida Lawyers in and Arbitration Proceeding in FloridaSummary: New rule patterned after proposed amendments to rule 1-3.10, setting forth guidelines and procedures for a non-Florida lawyer to appear in an arbitration proceeding in Florida, provided that the appearance is for a client who resides or has an office in the lawyer’s home state, or the appearance arises out of or is reasonably related to the lawyer’s practice in another state in which the lawyer is admitted. Chapter 3 Rules of Discipline Subchapter 3-2 Definitions 4. Rule 3-2.1 GenerallySummary: Within subdivision (n), revises definition of “staff counsel” to specify a lawyer employee of The Florida Bar designated by the executive director and authorized by rules to approve formal complaints, conditional guilty pleas for consent judgments, diversion recommendations, and to make appointment of bar counsel; creates new subdivision (q), defining “final adjudication” as a decision by an authorized disciplinary authority or court issuing a sanction for professional misconduct that is not subject to judicial review except by direct appear to the U.S. Supreme Court.Subchapter 3-4 Standards of Conduct 5. Rule 3-4.1 Notice and Knowledge of Rules Summary: Adds title language to clarify that rule provides for disciplinary jurisdiction over attorneys of other states; deletes limiting verbiage in last sentence and adds new rule text to confirm such jurisdiction and authority over an attorney “who provides or offers to provide any legal services in this state.” 6. Rule 3-4.6 Discipline by Foreign or Federal Jurisdiction Summary: Expands current rule verbiage – retitled as subdivision (a), “Disciplinary Authority” – to additionally specify that an attorney may be subject to discipline in Florida regardless of where the attorney’s questionable conduct may have occurred, and to clarify that the attorney may be subject to discipline in more than 1 jurisdiction; within new subdivision (b), adds choice of law provisions, and labels such subdivision accordingly; similarly adds choice of law language to rule title.Subchapter 3-5 Types of Discipline 7. Rule 3-5.1 GenerallySummary: Within subdivisions (g) & (j), revises the term “disciplinary resignation” throughout, to read “disciplinary revocation by consent.”Subchapter 3-6 Employment of Certain Attorneys or Former Attorneys 8. Rule 3-6.1 GenerallySummary: Consistent with proposed changes in rule 3-5.1, adds attorneys “whose disciplinary revocation by consent have been accepted” within subdivision (a) as individuals subject to this rule.Subchapter 3-7 Procedures 9. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal MisconductSummary: Within subdivision (j), adds further requirement that notice of a disciplinary sanction from another jurisdiction be provided to the executive director of The Florida Bar in addition to that already furnished to the Supreme Court of Florida. 10. Rule 3-7.10 Reinstatement and Readmission ProceduresSummary: Consistent with proposed changes in rule 3-5.1, adds an attorney “whose disciplinary revocation by consent has been accepted” within subdivision (n) as individuals subject to this rule; revises title to subdivision (n)(2) accordingly. 11. Rule 3-7.12 Disciplinary Resignation From The Florida BarSummary: Consistent with proposed changes in rule 3-5.1, substitutes “disciplinary revocation by consent” for “disciplinary resignation” throughout; revises subdivision (a) title accordingly and restyles rule as “Disciplinary Revocation by Consent.” Chapter 4 Rules of Professional Conduct Subchapter 4-1 Client-Lawyer Relationship 12. Rule 4-1.5 Fees for Legal ServicesSummary: Within comment regarding basis or rate of fee, adds language to suggest that lawyers should discuss with the client, where appropriate, other alternate billing methods beyond an hourly or fixed fee rate.Subchapter 4-5 Law Firms and Associations 13. Rule 4-5.5 Unlicensed Practice of LawSummary: Substantially amends rule title, text, and comment to allow for the multijurisdictional practice of law in limited circumstances and on a temporary basis. Chapter 6 Legal Specialization and Education Programs Subchapter 6-3 Florida Certification Plan 14. Rule 6-3.7 Emeritus Specialist StatusSummary: Within subdivision (c)(2), deletes CLE from qualifications requirements; adds waiver provision for good cause within new subdivision (f) and revises other subdivision entries as editorially necessary to accommodate this new matter; within former (g) – new (h) – extends life of exemption by 2 additional years. 15. Rule 6-3.8 Revocation of CertificationSummary: Adds criminal action against a certified attorney as ground for revocation of board certification; eliminates notice and hearing requirement in instances of area termination, discipline, and criminal action.Subchapter 6-4 Standards for Certification of a Board Certified Civil Trial Lawyer 16. Rule 6-4.1 GenerallySummary: Adds text regarding character, ethics, and reputation for professionalism as standards for board certification, consistent with other certification areas and other components of the rules. 17. Rule 6-4.3 Minimum StandardsSummary: Rewritten to provide greater clarity throughout. Within subdivision (a), adds text to clarify that substantial involvement must be continuous, and to include competence as an expressed element of certification; within subdivision (a)(1), increases percentage of practice from 30, to 50 percent, to offset other amendments that relax actual task requirements; within subdivision (a)(2), expands time frame for completion of 5 trials in 5, rather than 3 years; also permits 3 of the 15 cases to be administrative hearings, arbitrations, or jury trials in county court – if 2 days or more in duration; additionally deletes “protracted litigation” as option for satisfying part of the trial requirement; within subdivision (b), adds summary statement re purposes of peer review. 18. Rule 6-4.4 RecertificationSummary: Reorganized and rewritten to provide greater clarity throughout. Within subdivision (a), increases percentage of practice from 30, to 50 percent, to offset other amendments that relax actual task requirements; adds text to clarify that substantial involvement must be continuous, and to include competence as an expressed element of recertification; within subdivision (b), reduces trial requirement to 2 trials or 10 days of trial, rather than 3 trials; permits substitution of an advanced trial advocacy seminar for the jury trial requirement; allows applicants who attend an advanced advocacy seminar but who do not satisfy the trial requirements to demonstrate special circumstances that should not preclude recertification; within subdivision (c), adds summary statement re purposes of peer review.Subchapter 6-11 Standards for Certification of a Workers’ Compensation Lawyer 19. 6-11.1 GenerallySummary: Adds text regarding character, ethics, and reputation for professionalism as standards for board certification, consistent with other certification areas and other components of the rules. 20. 6-11.2 DefinitionsSummary: Within subdivision (c), expands definition of “trial” to include substantial participation in a rule nisi petition and hearing for the enforcement of a workers’ comp order — in no more than 2 instances; within subdivision (e), for recertification only, allows the substitution of 3 workers’ comp mediations (as mediator) to count as 1 “substantial equivalent” — in no more than 3 instances. 21. 6-11.3 Minimum StandardsSummary: Within subdivision (a)(2), adds appeals as substitutes for trials in the certification process. 22. 6-11.5 RecertificationSummary: Within subdivision (b), adds appeals as substitutes for trials in the recertification process.Subchapter 6-16 Standards for Certification of a Board Certified Business Litigation Lawyer 23. Rule 6-16.1 GenerallySummary: Adds text regarding character, ethics, and reputation for professionalism as standards for board certification, consistent with other certification areas and other components of the rules. 24. Rule 6-16.2 DefinitionsSummary: Within subdivision (a), clarifies that courts of “general jurisdiction” shall include “state circuit courts, federal district courts, and courts of similar jurisdiction in other states, but not county courts.” 25. Rule 6-16.3 Minimum StandardsSummary: Within subdivision (b), adds as criteria for demonstrating compliance – that summary judgments will not count as a matter submitted to the trier of fact, that a submission to the trier of fact or a trial by jury requires completion of the claimant’s case in chief, that preliminary injunctions or other evidentiary hearings count as 1 matter submitted to the trier of fact, and each matter in which an applicant supervises an associate counts as 1 of the necessary 25 contested business litigation matters but not as 1 of the 8 submitted to the trier of fact; within subdivision (e), revises the CLE time frame, from 5 years, to 3 years immediately preceding applications, and further clarifies necessary documentation for initial applicants consistent with other certification areas. 26. Rule 6-16.4 RecertificationSummary: Within subdivision (b), adds as criteria for demonstrating compliance the same 4 items proposed for inclusion within rule 6-16.3(b); within subdivision (c), deletes provision that specifies the proportion of substantive vs. procedural CLE hours among the 50-hour requirement, consistent with similar deletions in rule 6-15.3(e). Chapter 10 Rules Governing the Investigation and Prosecution of The Unlicensed Practice of Law Subchapter 10-6 Procedures for Investigation 27. Rule 10-6.2 SubpoenasSummary: Within subdivision (a), clarifies that a subpoena may be issued for the attendance of a person, for the production of documents, or for both.Subchapter 10-7 Proceedings Before a Referee 28. Rule 10-7.1 Proceedings for Injunctive ReliefSummary: Within subdivision (c), adds new provisions to codify current practice and to require that a pretrial case management conference be held within 60 days of appointment of a referee; revises other subdivision entries as editorially appropriate to accommodate this new matter. BOARD OF LEGAL SPECIALIZATION AND EDUCATION POLICIES 29. Policy 2.11 Exam Preparation and AdministrationSummary: Within subdivision (e)(2), reduces from 2 years, to 1 year, the time period an applicant must wait to reapply for certification after 2 consecutive exam failures. 30. Policy 2.13 Applicant Review Process for Certification or RecertificationSummary: Within subdivision (a), adds provision for BLSE to request a different certification committee to review an application filed by an individual currently serving on the committee that would typically handle such review. 31. Policy 2.17 Revocation of CertificationSummary: Adds new subdivision (b), to include criminal action against a certified lawyer as a matter that would prompt revocation of board certification. FLORIDA RULES OF JUDICIAL ADMINISTRATION 32. Rule 2.061 Foreign AttorneysSummary: In connection with proposed amendments to R.Reg.Fla.Bar 1-3.10, 1-3.11, 3-4.1 & 3-4.6, limits number of appearances by a foreign attorney to 3 appearances in a 365-day period; requires the payment of a nonrefundable $250.00 filing fee to The Florida Bar; requires the use of a form motion; and includes form motion. The 20th Judicial Nominating Commission is now seeking applicants to fill a vacancy on the Lee County court, resulting from Judge Sheri Polster Chappell’s elevation to the federal bench.Applicants must be registered voters, members of the Bar in good standing for the preceeding five years, and residents of the teritorial juristiction of the court.Application forms may be obtainied from The Florida Bar’s Web site at www.flabar.org or by calling or writing Stella Diamond, JNC chair, P.O. Drawer 2590, Ft. Myers 33902, telephone (293) 334-4401.The deadline for submission of applications is May 15.Middle District offers e-records guidelines Effective last year, the Middle District of Florida enhanced its Public Access to Court Electronic Records (PACER) service by providing electronic access to the court’s imaged civil case documents (with the exception of Social Security cases).PACER is an electronic public access service that allows users to obtain case information from the federal courts.The Judicial Conference of the United States adopted a national policy to protect a litigant’s sensitive information while providing for more efficient access to court case files. Under Judicial Conference policy, imaged documents in criminal cases are presently excluded from PACER.In compliance with the Judicial Conference policy, parties shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all pleadings and other civil papers, including exhibits, filed with the court: • Social Security Numbers. If an individual’s Social Security number must be included in a document, only the last four digits of that number should be used. • Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of the child should be used. • Dates of Birth. If an individual’s date of birth must be included in a document, only the year should be used. • Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers should be used.The responsibility for omitting or redacting these personal identifiers rests solely with counsel and the parties. The clerk will not review filings for compliance with this rule. A party having a legitimate need for the above information may obtain it through the ordinary course of discovery without further order of the court.This policy does not create a private right of action against the court, the clerk of court, counsel, or any other individual or entity on behalf of any individual or entity that may have identifying information erroneously included in a filed document that is made available on PACER.For more information, please visit pacer.flmd.uscourts.gov.Examiners seek a public member Pursuant to Rule 3-7.10, Robert Edwin Grier has petitioned the Supreme Court of Florida for Bar reinstatement.Pursuant to a December 23, 1993, order from the Supreme Court, Grier was suspended from practice of law for three years, effective retroactively to December 13, 1991, for engaging in multiple acts of misconduct. Grier failed to adequately represent a client in a foreclosure action, improperly retained trust funds as payment of his legal fees, failed to forward Medicare payments to a medical services provider for services rendered a ward in a guardianship where Grier was the court- appointed guardian, incompetently handled an IRS matter, failed to maintain adequate communications with clients, failed to account for fees paid, assisted his wife in attempting to make a fraudulent claim for injuries, neglected legal matters, failed to refund unearned legal fees, failed to appear at hearings on behalf of a client, misappropriated trust funds, made misrepresentations to clients, failed to advise clients of a change in his office address and telephone number, withdrew from a client’s case without taking steps to protect the client’s interests, failed to advise a client of the dismissal of the case, and failed to advise a client that he could not continue handling the case due to his serious illness.Any persons having knowledge bearing upon Grier’s fitness or qualifications to resume the practice of law should contact: Frances R. Brown-Lewis, Bar Counsel, The Florida Bar, 1200 Edgewater Drive, Orlando 32804-6314, phone (407) 425-5424.Foundation appointments Lake Wales attorney Jack Brandon and Jacksonville attorney Jake Schickel have been reappointed to three-year terms on the Florida Bar Foundation Board of Directors. The two were reappointed as Florida Bar representatives at the recent Bar Board of Governors Tallahassee meeting. Their new terms will begin July 1.First JNC seeks judicial applicants The First Circuit Judicial Nominating Commission is now accepting applications for the Santa Rosa County judge position being vacated as a result of Judge Ronald Swanson’s appointment to the circuit bench.Applicants must be residents of Santa Rosa County, registered voters and a member of The Florida Bar for the past five years.Applications are available from The Florida Bar Web site at www.flabar.org or from Bruce D. Partington, JNC chair, by pick-up from his office at 125 W. Romana St., Suite 800, Pensacola 32501, between 8:30 a.m. and 5 p.m., Monday through Friday.An original plus nine copies of the completed application must be received by Partington no later than 5 p.m. May 2.Oral arguments set April 30, 2003 Regular News Members of the public are invited to volunteer on or before June 11 for a three-year term on the Florida Board of Bar Examiners. The Supreme Court of Florida will appoint one public member to serve on the Florida Board of Bar Examiners, which ensures that applicants have met the requirements of the rules with regard to character and fitness, education, and technical competence prior to recommending to the Supreme Court an applicant’s admission to the Bar.A public member volunteer should possess education or work-related experience such as educational testing, accounting, statistical analysis, medicine, psychology, or related sciences. A bachelor’s degree is required. Lawyers are not eligible. Public board members should be willing and able to devote about three days’ work a month. Service requires travel to various Florida locations to attend board meetings and the examination, with travel and subsistence expenses reimbursed.Board members should be interested in seeking to improve the examination and its administration, and to evaluate carefully the character and fitness of applicants seeking admission to the Bar. Board members should be free of adverse interests, conflicting duties, or inconsistent obligations that may interfere or appear to interfere with the proper administration of the board’s mandate from the court.The vacancy will occur on November 1, with the expiration of the term of Dr. Larry C. Carey, a professor of surgery at the University of South Florida College of Medicine in Tampa.Persons interested in applying for the position may contact Kathryn E. Ressel, executive director, Florida Board of Bar Examiners, either by fax at (850) 414-6822 or by mail at 1891 Eider Court, Tallahassee 32399-1750, to obtain an application which must be completed and filed in the board’s office by the close of business June 11. The application may also be obtained from The Florida Bar’s Web site at: www.flabar.org.Polk County judge applicants sought The Florida Bar’s Tallahassee headquarters has a new address.No, the Bar’s offices are not moving. The address change is due to the city of Tallahassee instituting a new street naming and property addressing system to aid local emergency services.The Bar’s new address is: The Florida Bar, 651 E. Jefferson St., Tallahassee 32399-2300.The Post Office will continue to deliver mail to both the new and old address for one year. After one year, mail will no longer be delivered to our old address.Applicants sought for Lee judgeship The Florida Supreme Court has set oral arguments in a number of cases.The court has set arguments in the following two-year cycle rules amendments for May 7, beginning at 9 a.m.:• Re: Amendments to the Florida Rules of Civil Procedure, Case No. SC03-161.• Re: Amendments to the Florida Family Law Rules of Procedure, Case No. SC03-60.• Re: Amendments to the Florida Rules of Judicial Administration, Case No. SC03-105.The court also has set arguments in Re: Amendments to the Rules Regulating The Florida Bar and the Florida Family Law Rules of Procedure (Unbundled Legal Services), Case No. SC02-2035.Young Lawyers Division to fill vacancy
Gerindra Party executive Riza Patria has resigned from his seat as a member of the House of Representatives as he hopes to become the deputy governor of Jakarta.”I have submitted my resignation letter. The House leadership [should] issue a statement about my resignation soon,” Riza said on Friday as quoted by kompas.com.He did not specify when he delivered the letter, saying only that it had been received “a few days ago”. Riza said he would soon submit the required documents to complete his application as a Jakarta deputy governor candidate. “I have already prepared the administrative requirements. God’s willing, I will deliver [the application documents] to Governor Anies Baswedan on Monday,” he said. The deputy governor position has been vacant for more than a year since Sandiaga Uno stepped down from the post in August 2018 to run for vice president alongside Prabowo Subianto in last year’s presidential election.As the political parties endorsing Governor Anies Baswedan and former deputy governor Sandiaga in the 2017 Jakarta gubernatorial election, both the Prosperous Justice Party (PKS) and Gerindra are entitled to nominate candidates for the deputy governor position.To replace Sandiaga, the Jakarta City Council will hold a plenary session on March 23, during which councillors will choose between Riza and PKS politician Nurmansyah Lubis. Prior to the session, both candidates will present their vision and mission for the capital as well as their work plans to the council. (dpk)Topics :
Indianapolis, In. — On behalf of all Public Safety organizations and First Responders, the Indiana State Police express our combined thanks and appreciation to Gov. Holcomb for declaring in Indiana the week of April 14 – 20, 2019 as “Public Safety Telecommunicator Week”.
With the transition to online course work for students and the use of teleconferencing for those working from home, authorities are warning the public about hackers now targeting the online platforms.FBI Cyber Security Agent Doug Domin says there has been an uptick in the amount of VTC hijacking cases:“Others have used the term Zoom-bombing. We refer to it as VTC hijacking. It’s essentially when an intruder joins a meeting whose not invited” Domin said.In one case, a teacher in Massachusetts was targeted while using Zoom to conduct her class. According to the report, the hacker logged to the feed and began yelling profanities before shouting out the teacher’s full name and address to the class.In another case, an unidentified person logged into a Zoom meeting classroom and used the camera to display swastika tattoos.The FBI is recommending that those choosing to use platforms like Zoom change the screen sharing setting to “Host Only,” make their chatrooms private, and to not share the link to the meetings on accounts in which the general public has access to.
By Jenna O’Donnell |OCEANPORT – April showers may cause flooding, especially in Oceanport. But officials hope some key updates will help stem the tides that seep into borough roads.During the April 6 workshop meeting, Mayor John “Jay” Coffey noted that flooding is a problem the borough needs to deal with. Torrential rains the day of the meeting had inundated streets across the borough, and concerned residents flooded the email inboxes of Coffey and some councilmembers with photos showing the scope of the problem.“It’s different now than it was several years ago,” Coffey said, noting that the flooding was getting worse and happening more often. “Flooding across all of Oceanport is a problem. This is what we’re facing as a town. There’s a way to ameliorate some of the problems, but it costs money.”While introducing a 2017 municipal budget proposing a small tax increase for borough residents, the Oceanport mayor and council outlined long-term plans to address the flooding that plagues the borough. Part of that strategy involves the installation of check valves to prevent river water from flooding into roads through the sewers and drains during storm surges or high tides. Those would be installed in 36 storm drain outfalls across the borough, an expensive but necessary update that the borough hopes to fund with bonds and grants in the long term.Check valves will not eliminate flooding completely, but Coffey says they will go a long way toward reducing much of the street flooding that has happened with more frequency each year.“We have 14 or 15 blocks in our town that have flooding issues,” Coffey told The Two River Times. “What used to be in connection with severe weather events is now becoming more commonplace during minor weather events and high tides.”As another approach, Coffey said Oceanport plans to purchase Jet-Vac trucks capable of clearing debris from drains and pipes. That equipment, and the cost of purchasing it, will be shared with Shrewsbury.Flooding has become a pervasive problem for Oceanport, Coffey said, and it is no longer one the borough can put off or ignore. Instead, infrastructure updates like check valves must be planned and budgeted for.“I’ve watched how kicking the can down the road can cause some serious problems,” he said. “People don’t see these check valves or notice when it’s not flooding. But ultimately I think people will want this. It is something that has to be done.”Check valves are part of Oceanport’s three-year plan and its 2017 budget, which calls for a small increase over last year, where an average home assessed at $448,522 would see an increase of $93.67. A public hearing for the 2017 municipal budget and tax resolution is scheduled for May 18.This article was first published in the April 13-20, 2017 print edition of The Two River Times.
NEW YORK – Retailers faced an uncertain 2006 Thursday after December’s modest sales gains showed that the holiday shopping season, while overall respectable, was disappointing for some of the nation’s most prominent merchants. As expected, Wal-Mart Stores Inc. was one of the stragglers, falling short of Wall Street’s expectations and warning about its fourth-quarter profits. It was clear as stores released their monthly sales figures that consumers, mindful of the rising costs of energy and borrowing money, were particularly cautious during the holidays. Winning retailers included Target Corp., Costco Wholesale Corp., upscale stores such as Nordstrom Inc., and teen retailers such as Abercrombie & Fitch Co. Gap Inc., Sears Holdings Corp. and Kohl’s Corp. were among the other disappointments. That means November-December sales were up 3.5 percent, the high end of Niemira’s forecast, but a bit below the 3.7 percent pace for the entire fiscal year. Niemira expects the sales pace could average a more modest 3 percent this year. After an uneven start to the holiday season, many retailers struggled in December as shoppers appeared to procrastinate even more than in the past. The exceptions were those selling hot consumer electronics items such as Microsoft Corp.’s Xbox 360 and digital music players, all of which were snapped up by shoppers early in the season. A variety of factors created more angst for merchants. They included a late Hanukkah and the New York City transit strike, which occurred in the critical final days before Christmas, hurting retailers in Manhattan. Another factor that depressed December figures was robust online spending, which is excluded from retailers’ same-store sales. According to comScore Networks, online holiday spending excluding travel rose a better-than-expected 25 percent to $19.6 billion, compared with a year ago. Gift card sales also pushed December business into January or even later; gift card sales are only recorded when they are redeemed. Niemira expects same-store sales to rise anywhere from 3 percent to 3.5 percent in January, boosted by gift card redemption. But how and when customers use their gift cards will determine the strength of fourth-quarter profits. According to Hastings, profits look “like they held up,” as stores generally kept to their planned discounting strategy. But merchants who rushed in spring merchandise and new winter clothing the day after Christmas are counting on gift card holders to pay regular price. Wal-Mart warned that its profits would be disappointing, at the low end of expectations. The company reported a slim 2.2 percent same-store sales gain for December. The results – the weakest December performance since 2000 – missed the 2.4 percent estimate from analysts surveyed by Thomson Financial. Hastings attributed the weakness to two factors: sales of low-margin food that outpaced demand for general merchandise and a modest performance at the company’s Sam’s Club, which sells high-ticket items. Rival Target, which had a slow start to the holiday season, rebounded with a 4.7 percent same-store sales gain in December, better than the 4.6 percent estimate. Kohl’s posted a 4.6 percent gain in same-store sales, below the 5.4 percent estimate. The company reduced its fourth-quarter outlook. Sears Holdings said same-store sales tumbled 11.9 percent at its Sears stores for the nine-week period ended Dec. 31 because of a lack of special promotions. Meanwhile, same-store sales at its Mart stores rose 1 percent. Costco posted a 7 percent gain in same-store sales, beating the 6 percent estimate. Luxury retailers had a strong December following an unusually slow November. Nordstrom reported a 7.7 percent gain in same-store sales, much better than the 3.8 percent forecast. Federated Department Stores Inc.’s same-store sales rose 3.4 percent, better than the 2.1 percent forecast. J.C. Penney Co. Inc had a 2.2 percent same-store sales gain in its department store group, missing the 2.5 percent analyst estimate. Gap posted a 9 percent decline in same-store sales, worse than the 3.8 percent drop analysts expected. Abercrombie & Fitch had a 29 percent gain in same-store sales, beating the 18.2 percent estimate from Wall Street. On Wednesday, American Eagle Outfitters Inc. announced a 9.8 percent same-store sales gain, exceeding the 3.5 percent estimate. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set! AD Quality Auto 360p 720p 1080p Top articles1/5READ MORECoach Doc Rivers a “fan” from way back of Jazz’s Jordan Clarkson “This is not a great showing, but not a poor showing. It is somewhere in between,” said Michael P. Niemira, chief economist at the International Council of Shopping Centers. “Consumers are not splurging everywhere. It is a little here and there. The consumer is very selective.” Niemira noted that retailers will face a tougher environment over the next few months as higher heating bills, a weakening housing market and rising interest rates will probably curb consumer spending. One potential bright spot is a steadily improving job market, which helped boost consumer confidence last month. The Labor Department reported Thursday that the number of newly laid-off workers filing claims for unemployment benefits fell last week to the lowest level in more than five years. “As long as people can find the right merchandise, have a job and borrow a little bit, they are going to go shopping,” said Richard Hastings, an analyst at Bernard Sands LLC, who was more upbeat. “Overall, the holiday season was good. Retailers who had it all nailed down were the winners.” The UBS-International Council of Shopping Centers retail sales tally posted a modest 3.2 percent sales gain, at the midpoint of the 3 percent to 3.5 percent growth forecast for the month. The tally is based on same-store sales or sales at stores open at least a year, considered the best indicator of a retailer’s health.
A MAN has appeared in court charged in connection with a notorious ‘riot’ at a house party which left a house trashed.The scene at Thornberry the night after the ‘riot’Thirteen people were arrested after the major disturbance at a house on the Thornberry estate near Mountain Top in Letterkenny in October 2011. Up to 20 Gardai, some in protective clothing, were rushed to the disturbance.Martin McClelland, of 36 Manor View, Letterkenny, yesterday pleaded guilty to criminal damage to a number of household items.The court heard he admitted smashing up bedroom furniture including bedside lockers.He also admitted smashing a clothes horse.The case was adjourned for sentencing in July and McClelland remanded on continuing bail.MAN ADMITS ROLE IN NOTORIOUS LETTERKENNY ‘PARTY’ RIOT was last modified: April 24th, 2013 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:MAN ADMITS ROLE IN NOTORIOUS LETTERKENNY ‘PARTY’ RIOTTHORNBERRY
John Kani in a scene from the play“Nothing but the truth”. The movie adaptation won the Silver Stallion of Yennenga, the Second most prestigious prize at Fespaco. (Image: Village Voice) A scene from the gangster movie Jersusalema, set in the hard Johannesburg inner-city flatland of Hillbrow. (Image: Jerusalema) Rapulana Seiphemo, who plays the grownup, streetwise Lucky Kunene, won the Best Actor Award at Fespaco. (Image: Jerusalema) Tendeka Matatu, the producer of “Jerusalema”, shortly after receiving the three awards scooped by the movie.(Image: Khanyi Magubane) A riot scene from the four part series “When we were black”. (Image: SABC)Khanyi MagubaneVeteran actor John Kani’s screen adaptation of his play Nothing but the Truth took the top honours at the Fespaco Film Festival in Ouagadougou when it won the Silver Stallion of Yennenga, the second most prestigious award at the festival.The film also won the Ousmane Sembene Prize for Peace, sponsored by Ecobank, one of Burkino Faso’s leading banking institutions.In the film, director and lead actor, Kani, plays a librarian, Sipho, who is denied a promotion. Sipho is embittered by the favouritism his parents showed his elder brother, who died in exile, leaving Sipho the burden of burying him after his daughter repatriates his remains.In real life, police shot Kani’s brother dead in a church while reading a poem at the funeral of a nine-year old girl killed during an anti-apartheid riot.Telling Soweto storiesThe imaginative director Khalo Matabane’s television series When we were Black received an award for the Best Television Series.When we were Black is set in Soweto in the 1970s and deals with the coming of age of a 17-year-old boy, Fisto. Determined to get the girl of his dreams, Mangi, he even joins the school choir because she sings in it. Unfortunately for Fisto he is tone deaf and the choirmaster terminates his singing career, but keeps him as an assistant.After a dramatic series of events, Fisto eventually declares his love for Mangi. That day the two make love the first time.The theme of innocence lost is used as an extended metaphor as the day they consummate their love is also the day of the Soweto student uprisings, June 16 1976.The two lovers watch in horror as the town outside explodes with students confronting policemen, bodies, young blood and gun fire filling the streets.Their innocence is lost forever in that moment, and so is Soweto’s, which will never be the same.The film was initially pitched at the Sithengi Film and TV Market as a feature, but later commissioned as a four-part one-hour series by the SABC.It was, however, re-edited into a full feature for the festival. To give the film an authentic feel of the student uprisings, actual archived material is used as part of the production.In addition, a portion of a neighbourhood in Soweto was used to recreate the 1970s.At the 2007 South African Film and Television Awards, Matabane scooped seven awards for the project. These included best music score, script, wardrobe and overall drama.“Working with Khalo Matabane on this important and historical series was an incredible journey.“His ability to work through the characters and how the characters drive the story, the conceptual decisions to shoot the series very tight so as to be authentic to 1976 with the limitations we faced, was both an honour and an emotional experience,” says film producer Carolyn Carew.The gangster movie Jerusalema, set in Hillbrow in downtown Johannesburg, received three awards for Best Actor, Best Editing and Best Cinematography.The film follows the rise of Lucky Kunene, a once petty criminal who rises in the ranks of the criminal underworld.After cutting his teeth on hijacking, he moves to Hillbrow, where he tries to make an honest living in the taxi industry.However, after his taxi is stolen, he moves to a new enterprise, stealing buildings. Along the way he makes numerous enemies, falls in love with a Jewish girl, and is constantly on the run from the police.With the police closing in on him, the streetwise Kunene tries to stay ahead of the game.In the Best Documentary category, the award went to Egyptian filmmaker, Jihan El-Tihari, for Behind the Rainbow.Behind the Rainbow tells the story of liberation movements who go on to assume power. The catalyst for the story is the relationship of former president Thabo Mbeki and current ANC president Jacob Zuma.The once close relationship of the two men crumbles as comradeship quickly evaporates to make way for power mongering within the organisation.Preserving African heritageAnother South African project, which was nominated for this year’s awards, was the documentary feature of award-winning filmmaker, Zola Maseko’s Manuscripts of Timbuktu. This is not the first time that South Africa has featured prominently in this competition. In 2005, Maseko’s film Drum took the top award, the Golden Stallion of Yennenga.The history of the manuscripts can be traced as far back as the 12th century. Islamic scholars brought them to the city of Timbuktu, then a trading hub for businessman, especially in the salt industry.There were several thousands of manuscripts. The bound texts contained teachings of Islam during the middle ages and covered a variety of subjects. These included astronomy, medicine, mathematics, chemistry, judicial law, government, and Islamic conflict resolution.By the 1300s the “Ambassadors of Peace” (who were the great teachers of the time) centred at the University of Timbuktu, created roving scholastic campuses and religious schools of learning that travelled between the cities of Timbuktu, Gao, and Djénné. At its peak, over 25 000 students attended the University of Timbuktu.By the beginning of the 1600s, Moroccan invasions from the north started to affect scholars and they slowly drifted to other areas of the Mahgreb, or North Africa, where they could study in peace. As a result the city’s manuscripts suffered a severe blow, many falling into an irreparable state.The film reveals the history of the priceless manuscripts, through the story of Ahmed Baba, one of Africa’s greatest yet seldom acknowledged or known intellectuals.Regarded as one of the most prolific writers of his time, this intellectual held great knowledge and subsequently became one of the most frequently consulted figures in the Mahgreb.In a bid to take the viewer back to the heart of 14th century Timbuktu, when it was regarded as an intellectual hub for writers, teachers, religious leaders, mathematicians and scientists, Maseko dramatises the major periods in Baba’s life.The film allows the viewer to experience life within the city and its holy mosques. It also tracks Baba’s journey, which eventually saw him uprooted from the great city and travelling to his final destination, Morocco.Talking about his film, Maseko says the idea was first pitched to him four years ago by then-justice minister Brigitte Mabandla. “Back then, I didn’t even know much about the manuscripts.“I remember her [Mabandla] describing to me in great detail about tattered old trunks under people’s beds and how these manuscripts have survived over hundreds and hundreds of years.”While conducting his research, the history and intrigue of the manuscripts became more than just a concept. “We have a rich, intellectual heritage that has been kept hidden from us and the more I researched, the more obsessed I became. The final product is The Manuscripts of Timbuktu.”Related articles2010 opportunities for SA film 2010 TV opportunity for youth Cape Town: Africa’s Hollywood Global acclaim for SA filmUseful linksTimbuktu foundationSABC Corporate Jerusalema – the movie
Minister of Transport Sibusiso NdebeleThrough the 2010 FIFA World Cup™, we can tell the story of Africa – tell her story because we are proud.At the fourth and final 2010 FIFA World Cup South Africa™ communicators’ conference, hosted today by the National Communications Partnership (NCP), speakers including Minister of Transport, Mr. Sibusiso Ndebele and Dr. Irvin Khoza, Chairperson of the 2010 FIFA Organising Committee called for all South Africans and Africans to come together to ensure that we host an event that will be talked about by generations to come.“As a country and continent, we will need to pull together. The 2010 FIFA World Cup calls for unity of our people because together we can do more,” said Minister Ndebele. Dr. Irvin Khoza said that South Africans must realise the enormity of the opportunities that are being generated through the tournament. The World Cup will be delivered on a far bigger scale than the Confederations Cup. To date, for example over 14 000 applications have been received for the volunteer programme.Dr Irvin Khoza, chairman of the 2010 FIFAWorld Cup Organising Committee According to Khoza, the psychological readiness of the nation is critical. “There is one show on the road at the moment and a psychological adjustment from all South Africans is needed.”Khoza said that South Africans need to be thinking of the World Cup as a 30 day commercial for the country that will be watched by billions around the globe. “The extent to which the tournament changes lives will be largely determined by the degree to which we use the tournament to build up to 2010.”The 11th June 2010, with the opening of the World Cup is arguably South Africa’s next defining moment. Historically, we have successfully hosted Rugby and Cricket World Cups, continental and global football tournaments, global conferences and four peaceful democratic elections, but never anything on a scale that is arguably larger than the Olympics.Khoza affirmed that the 2010 FIFA World Cup Organising Committee has a very good understanding of what is needed for next year’s event. “We must be relentlessly positive,” he said. “As South Africans, we have the tendency to be self critical. We should see everything in perspective and importantly, see the positive stories.” He referred to outstanding progress that has been made by 2010 FIFA Organising Committee over the past five years, through the building of six new stadiums in less than four years and the potential legacy that will be generated in terms of job creation, tourism, trade and investment.“We must be proactive and stay ahead of the story – not merely reacting to everything being said,” he added. The 2010 story is one of a continent that is being redefined in a historic way.“We must be Pan-African,” Khoza concluded. “South Africa 2010 must be pan-African in word and deed, as we stage a tournament that inspires all of Africa.” This tournament must ensure that our African teams feel like they are playing at home, as we celebrate Africa’s home-grown heros.” From Cape to Cairo, Khoza reiterated that Africa must stand together as never before – to create a sweet chorus singing the same song in perfect harmony.“This World Cup is the real thing. You must feel that there is something happening in this country. The banners you use must be larger than life. Every street corner must be filled. We must feel that this show is in town,” Khoza concluded. About the International Marketing of South Africa (Brand South Africa) The International Marketing Council of South Africa was established in August 2002 to help create a positive and compelling brand image for South Africa. At that time, the world was unsure about what to think of South Africa, with many different messages being sent out by various sources. This did very little to build the country’s brand and it was evident that to attract tourism and investment there was a need to co-ordinate marketing initiatives to make them more effective. This led to the creation of the IMC, whose main objective is the marketing of South Africa through the Brand South Africa campaign. There are many benefits to having a consolidated brand image, with the most important being that a consistent Brand South Africa message creates strategic advantages in terms of trade and tourism for the country in an increasingly competitive marketplace.About the National Communications Partnership Government Communications (GCIS) and the IMC are the custodians of the NCP. This partnership is aimed at forging alignment of communication among government and private-sector marketing and communication specialists.For further information:Margaret DingaloDirector: Stakeholder RelationsInternational Marketing Council of South AfricaTel: +27 11 483 0122
Share Facebook Twitter Google + LinkedIn Pinterest Lake Erie Bill of RightsOn Feb. 26, 2019, citizens in the city of Toledo will vote on whether to amend their city charter to include the “Lake Erie Bill of Rights” (LEBOR). The Lake Erie Bill of Rights, or LEBOR, states that Lake Erie, and the Lake Erie Watershed, has the right to “exist, flourish and naturally evolve…” and gives any Toledoan the right to file a lawsuit on the lake’s behalf against any business in the Lake Erie Watershed.Ohio Farm Bureau is staying abreast of this issue and will be posting updates as they are known.Farmers are encouraged to enroll in an agricultural district. The ag district program provides an affirmative defense for farmers in certain types of nuisance lawsuits. While it is not certain this defense will apply in LEBOR cases, it is one of the best and most underutilized tools in agriculture. Enroll in an ag district via the county auditor. Learn more.