Legal process – Loro Dinapoli http://lorodinapoli.org/ Fri, 16 Jul 2021 04:08:50 +0000 en-US hourly 1 https://wordpress.org/?v=5.7.2 http://lorodinapoli.org/wp-content/uploads/2021/07/icon-2021-07-06T154208.998-150x150.png Legal process – Loro Dinapoli http://lorodinapoli.org/ 32 32 From sex crimes to traffic violations; What you need to know about the radical Kansas criminal law http://lorodinapoli.org/from-sex-crimes-to-traffic-violations-what-you-need-to-know-about-the-radical-kansas-criminal-law/ http://lorodinapoli.org/from-sex-crimes-to-traffic-violations-what-you-need-to-know-about-the-radical-kansas-criminal-law/#respond Fri, 16 Jul 2021 03:32:22 +0000 http://lorodinapoli.org/from-sex-crimes-to-traffic-violations-what-you-need-to-know-about-the-radical-kansas-criminal-law/ TOPEKA, (KSNT) – New Kansas law means sweeping changes in the way the state deals with crime. Kansas Governor Laura Kelly held a Senate Bill 60 signing ceremony on Thursday. The law came into effect on July 1 and deals with everything from penalties for sex crimes to traffic violations. “We have a responsibility to […]]]>

TOPEKA, (KSNT) – New Kansas law means sweeping changes in the way the state deals with crime.

Kansas Governor Laura Kelly held a Senate Bill 60 signing ceremony on Thursday. The law came into effect on July 1 and deals with everything from penalties for sex crimes to traffic violations.

“We have a responsibility to carefully review the laws that we have had in place for years,” Governor Kelly said.

The governor was joined by several other heads of state and law enforcement officials from Kansas. Some supporters have said the law is a necessary step in reforming the state’s criminal justice system, after a series of concerns over several issues last year.

“This will promote safety and respect on our highways, in our courtrooms, in our homes and even via our smartphones,” said the governor.

PROHIBITION OF MENTAL HEALTH ASSESSMENTS FOR VICTIMS OF CRIME

Among many changes, the law prohibits courts from requiring psychological or psychiatric examinations for victims of crime, which typically occurs in rape cases. Leavenworth County District Attorney Todd Thompson said it was an issue many victims were facing.

“Can you imagine being a victim, especially a child, having the courage to come forward and admit that they were perpetrated… most of the time by a family or loved one, or someone in? who they really trust… and when they do show up they are forced to have a psychological assessment? Neither the perpetrator nor the suspect, but them.

Todd Thompson, Leavenworth County District Attorney’s Office

A SPOUSE’S SEXUAL BATTERY IS NOW ILLEGAL

The bill amends the definition of the crime of sexual violence to remove the element
requiring that the crime be committed against a victim “who is not the offender’s spouse”. Prior to the change, a spouse’s sexual battery was legal in the state.

The law also creates the crime of “sexual extortion,” which can also include vengeful pornography. A person could be on the sex offender list if found guilty.

A similar bill had already been introduced earlier this year, during the legislative session. His godfather, Hesston representative Stephen Owens, said he wanted the bill to be debated immediately. Owens pointed out that Kansas City freshman Aaron Coleman admitted avenging porn earlier in life as another reason to foot the bill earlier.

“I thought it was even more cautious that it was introduced this year early on in considering the person elected from Kansas City who actually has a track record of this type of activity,” Owens said. .

INCREASE IN PENALTIES IN THE EVENT OF A LEAK OF A law enforcement officer

Another change concerns traffic violations, such as the flight or escape of a police officer.

Earlier this year, another lawmaker, former Senate Majority Leader Gene Suellentrop, was charged with several offenses while driving under the influence, two of which include driving on the wrong side of the highway and run away from a policeman. A hearing is scheduled for the Wichita senator next month.

Shawnee County District Attorney Mike Kagay reassured the public that the DUI case against Kansas Senate Majority Leader Gene Suellentrop would be treated like any other violation.

“Absolutely, I think that’s what we need to do,” Kagay said. And that should be the expectations of the community we serve.

Senate Bill 60 increases penalty for fleeing or escaping a police officer by driving on the wrong side of the freeway, as well as other “avoidance maneuvers” up to a severity level of 7 . The offense was classified as a level 9 felony before the change.

The bill amends the penalty for the offense without a prior conviction to require that the
court to impose a fine of at least $ 500 when the driver operates a stolen motor vehicle during
the commission of the offense.

“PROXIMATE RESULT” AND OUT OF STATE PROSECUTION

While some have said the changes are long overdue, some criminal defense lawyers are concerned about the future implications of other parts of the law.

One of the main concerns for Topeka criminal defense lawyer Meryl Allmond is that the law changes the definitions of the term used for “immediate result”.

Under permanent law, a crime is considered to have been committed in part within the framework of
state whether the immediate outcome of the person’s act occurs in the state. Allmond explained that the law would allow the use of state taxpayer dollars in the prosecution of crimes committed outside the state.

“A murder is committed in Hawaii, everything takes place in Hawaii, but the funeral is paid for by a relative who lives in Kansas, so there is a possibility that this murder will also be prosecuted in Kansas,” Allmond said.

Jennifer Roth of the Kansas Association of Criminal Defense Lawyers testified as an opponent of the bill, during the session, as she explained that the origin of the Attorney General’s proposal for this provision was in response to a Wyandotte County criminal case, State v. Rozell. The case involved two drivers, Rozell, who lived in Missouri, and another driver, whose car was insured by his father’s auto insurance policy in Wyandotte County.

Rozell made a claim against the insured’s policy, submitting a Missouri hospital bill to a claims agent in Tennessee. The Tennessee claims officer thought the bill looked suspicious and therefore referred it to another claims specialist, who lived in Sedgwick County. This person concluded that Rozell had changed the date of the hospital bill so that the insurance would pay him as part of the Missouri car accident claim.

Rozell was charged in Wyandotte County with two felonies: fabricating false information (KSA 21-5824) and insurance fraud (KSA 40-2 118). The complaint accused the insurance company of being the victim. Rozell argued that the Wyandotte County court lacked jurisdiction because, if he committed a crime, he did so in Missouri or Tennessee.

JENIFFER ROTH, ASSOCIATION OF CRIMINAL DEFENSE LAWYERS OF KANSAS

The prosecution argued, both in district court and on appeal, that KSA 21-5106 (b) means Kansas can sue anyone who attempts to defraud an insurance policy issued to a Kansas resident. because the “immediate outcome” occurs in Kansas.

Allmond said a premature decision to define the term “immediate outcome,” which has not been defined for more than 50 years in Kansas, could have unintended consequences for the legal process in the future.

“We don’t even know what it might end up doing, or how it might be interpreted. Once you go after someone, put them in our Kansas jails, we have to pay for that full cycle of incarceration. “

Changes to crime laws come as the state works on police reform. The head of state said that includes improving processes for Kansas law enforcement and victims of crime.


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Meyer de Jags, Baalke subpoenaed in Iowa discrimination lawsuit http://lorodinapoli.org/meyer-de-jags-baalke-subpoenaed-in-iowa-discrimination-lawsuit/ http://lorodinapoli.org/meyer-de-jags-baalke-subpoenaed-in-iowa-discrimination-lawsuit/#respond Wed, 14 Jul 2021 18:04:21 +0000 http://lorodinapoli.org/meyer-de-jags-baalke-subpoenaed-in-iowa-discrimination-lawsuit/ JACKSONVILLE, Fla. (AP) – The Jacksonville Jaguars said on Wednesday that coach Urban Meyer and general manager Trent Baalke were subpoenaed in a lawsuit brought by lawyers for black players suing the former Iowa strength trainer Chris Doyle for discrimination. The team said Meyer and Baalke have submitted a written response to the summons, which […]]]>

JACKSONVILLE, Fla. (AP) – The Jacksonville Jaguars said on Wednesday that coach Urban Meyer and general manager Trent Baalke were subpoenaed in a lawsuit brought by lawyers for black players suing the former Iowa strength trainer Chris Doyle for discrimination.

The team said Meyer and Baalke have submitted a written response to the summons, which seeks information about the Jaguars’ decision to hire and then fire Doyle in January.

“We respect and will cooperate with the legal process if necessary,” the team said. “However, the Jaguars have no information that would be relevant to the lawsuit between the student-athletes and the University of Iowa.”

The federal lawsuit, filed in Iowa, accuses Hawkeyes staff of humiliating black players with racial slurs, forcing them to abandon black hairstyles, fashion and culture to fit the “Iowa Way” promoted by head coach Kirk Ferentz, and to retaliate against them for speaking out.

The university agreed to pay Doyle $ 1.1 million as part of a resignation deal in June 2020 after dozens of former players said on social media he intimidated and discriminated against them. Doyle denied the allegations.

An investigation by an outside law firm found that the program’s rules “perpetuate racial and cultural prejudices and undermine the value of cultural diversity” and allow coaches to belittle players without consequence.

U.S. District Judge Stephanie Rose has previously released athletic director Gary Barta and current strength trainer Raimond Braithwaite as defendants. Allegations were also dismissed that Iowa created and maintained a systemic model and practice of illegal racial discrimination and that Ferentz failed to train and supervise its staff.

The former players were allowed to bring a complaint for intentional discrimination by offensive coordinator Brian Ferentz, son of Kirk and Doyle.

___

More AP College Football: https://apnews.com/hub/college-football and https://twitter.com/AP_Top25



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Why we must stop opposing wind farms http://lorodinapoli.org/why-we-must-stop-opposing-wind-farms/ http://lorodinapoli.org/why-we-must-stop-opposing-wind-farms/#respond Tue, 13 Jul 2021 11:28:16 +0000 http://lorodinapoli.org/why-we-must-stop-opposing-wind-farms/ Notice: While objections are valuable and necessary safeguards, they should be a last resort when full engagement and negotiation has failed It is an unpopular fact that we must accept the development of important new infrastructure in and around our communities in order to achieve a green energy sector. The switch from traditional energies to […]]]>

Notice: While objections are valuable and necessary safeguards, they should be a last resort when full engagement and negotiation has failed

It is an unpopular fact that we must accept the development of important new infrastructure in and around our communities in order to achieve a green energy sector. The switch from traditional energies to renewable energies requires the development of wind and solar parks, but also important new infrastructures to facilitate the reinforcement of the network, storage developments and interconnection.

To achieve this transformation, we rely on developers to design projects and have them licensed, built and operated successfully so that the renewable electricity they generate can be fed into the national grid. In addition, Ireland’s European and national commitments require that this objective be achieved within extremely difficult timeframes.

It’s anything but simple, especially since Ireland doesn’t have vast tracts of undeveloped land to build on. As a result, each new project will be located within or near a host community. We ask a lot of these host communities, who clearly support the local impacts of these developments. Another unpopular fact is that the projects will often be of such magnitude that they generate more electricity than what is required by the community directly.

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From RTÉ Radio 1’s Drivetime, Fergal Keane reports on the launch of a public consultation on plans to build a large wind farm just off the south coast of Dublin

Local impacts include the industrialization of rural environments as well as visual and sound impacts. It is often reported by members of the impacted community that their submissions regarding these impacts do not receive sufficient weight in relation to government policy and climate action. This creates anger and frustration and often leads to legal action aimed at delaying or preventing the project.

On the other hand, it typically takes two to three years for developers to design and assess a project’s environment to the point where they are ready to file a planning request. This is before they go through the planning approval and licensing processes required to allow them to build it, begin operations and finally bring renewable energy to the grid. This process requires teams of interdisciplinary professionals working together over extended periods of time to manage the extensive environmental, technical, financial and logistical elements of the project.

The environmental impact assessment process is complex and extremely extensive. It’s incredibly difficult for the best-intentioned and well-resourced developers to point to every “i” and cross every “t” against it. Developers also depend on the planning authority to get everything done right. As such, if well-represented objectors treat the review process as an administrative trigger for developers, it is highly likely that a flaw will be successfully identified. Meanwhile, time goes by, technology becomes obsolete, project funding is threatened and we continue to depend on fossil fuels.

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From RTÉ Radio 1’s Drivetime, Elaine Loughlin of the Irish Examiner, David Connolly of the Irish Wind Energy Association and Sliabh Luachra Wind Awareness Group Chairman Fred O’Sullivan discuss wind farm guidelines

The Aarhus Convention gave citizens important legal rights with regard to access to environmental information, public participation in decision-making and the right of access to justice. These precious rights have been conferred “in order to contribute to the right of each person of present and future generations to live in an environment adequate for their health and well-being”.

However, there are no legal restrictions as to the purpose and use of the rights. They can be as validly used to oppose a wind farm as an oil refinery. In fact, many would argue that the local impacts of renewable energy infrastructure are actually harming local environments.

But we all need electricity in our lives and therefore we need renewable energy infrastructure within us. We cannot accept poorly designed projects that harm our communities, but if we challenge them all, the result is a lack of renewable energy. So how do you do it?

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From RTÉ One News, Angela Dowd describes the wind farm near her Co Kerry home as “an absolute living nightmare”

In my current doctoral research, I am looking at how we can balance the needs of the climate, communities and developers when it comes to renewable energy infrastructure. A key preliminary finding is that the answer lies in the full engagement of all parties in the planning process. The three years preceding the submission of a planning request can be used by affected communities to engage directly with developers and negotiate improving local impacts and the types of community compensation that would be of real benefit to them. This goal of making a better project is a key goal of public participation that is currently underutilized.

For this approach to work, it must be required by law. Specific pre-planning obligations with clear and measurable requirements in the EPA guidelines are of utmost importance. This will protect developers to the extent that their compliance is demonstrable and clarify for communities what they can expect in the process.

Catching the developer at the final stage of the authorization process is bad for our climate. The closure of an operational wind farm due to legal or operational technicality is a bad result for our climate. While objections and remedies for judicial review are valuable and necessary safeguards against environmentally damaging development, they should be a last resort when full and good faith engagement in the process has failed.


The opinions expressed here are those of the author and do not represent or reflect the views of RTÉ



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“No Peace Without Justice”: Families of Italian Mafia Victims Await Closure | Human rights http://lorodinapoli.org/no-peace-without-justice-families-of-italian-mafia-victims-await-closure-human-rights/ http://lorodinapoli.org/no-peace-without-justice-families-of-italian-mafia-victims-await-closure-human-rights/#respond Mon, 12 Jul 2021 04:00:00 +0000 http://lorodinapoli.org/no-peace-without-justice-families-of-italian-mafia-victims-await-closure-human-rights/ VSlingering over his son’s coffin, Vincenzo Agostino solemnly swore that he would not cut his hair or beard until justice was served. It was August 10, 1989, five days after two Mafia hitmen on motorcycles killed Antonino Agostino, a policeman, and his wife, Ida, who was five months pregnant. The couple were shot dead in […]]]>

VSlingering over his son’s coffin, Vincenzo Agostino solemnly swore that he would not cut his hair or beard until justice was served. It was August 10, 1989, five days after two Mafia hitmen on motorcycles killed Antonino Agostino, a policeman, and his wife, Ida, who was five months pregnant.

The couple were shot dead in broad daylight on the seafront promenade in Villagrazia di Carini, a town about 20 miles from Palermo. Vincenzo witnessed his son’s agony when the killers fired a magazine full of bullets at him. He saw his heartbroken daughter-in-law approaching her husband in a vain attempt to console him.

Last month, a judge released a report revealing how Antonino Agostino was murdered because he was investigating fugitive Mafiosi. One of the killers, Mafia boss Nino Madonia, was sentenced to life in prison in March. It was a small step forward, despite many unanswered questions and the fact that many of those involved in the murder are still at large.

Martino Ceravolo near the grave of his son, Filippo Ceravolo, killed in 2012. “I will continue to knock on my son’s grave to let him know that I have not given up,” he said. Photography: Alessio Mamo / The Guardian

The conviction reignited the debate in Italy over the slowness of the legal process and the atrocious struggle for the judicial shutdown of family members of innocent mafia victims.

Thirty-two years later, Vincenzo has kept his promise: his long beard now reaches his chest and has become a symbol of resistance against mafia bosses and for the long quest for the truth in the face of hundreds of relatives of victims of organized crime. in Italy.

According to a report by the anti-mafia association Libera, nearly 80% of the approximately 600 cases of innocent victims of organized crime in Italy have only been partially resolved or are not resolved at all. Most investigations have been closed for lack of evidence, while many more are trapped in protracted trials and dozens are awaiting prosecution.

The distress and frustration carried by those close to the victims causes a series of psychological problems, such as depression, panic attacks, suicidal thoughts and post-traumatic stress. The Guardian has visited four regions in southern Italy with a history of organized crime, interviewing parents and children of mafia victims who, decades after the murder of their loved one, are asking for cases to be reopened.

For more than 30 years, Vincenzo Agostino has relentlessly pursued prosecutors to convince them to reopen the investigation into the death of his son, which has been closed dozens of times. During an earlier investigation, it was revealed that during the violent war that the Mafia waged against the Italian state during these years, Antonino worked as a secret agent tasked with locating the fugitive Mafia. His death exposed the alleged relationship between members of the Italian secret service and Mafia bosses, which continues to be the focus of investigations today.

“Today, one thing is clear: a notable member of the state betrayed my son Antonino and informed the Mafia of his role as a secret agent,” explains Vincenzo. “Who are the unfaithful and deceptive institutional representatives who betrayed this country and served the death sentences of members of the police and the judiciary? No, it’s not time to cut my beard yet.

In a police line in 2016, Vincenzo chose a colleague of his son who was involved in the murder. For this reason, at the age of 86, he is forced to live under police protection 24 hours a day.

“Watching your unborn son, daughter-in-law and grandson destroys your life. I have a crater-sized wound in my heart, ”says Vincenzo. He and his wife, Augusta, fought the battle to find their son’s murderers. Augusta died in 2019. On her tombstone, next to her son in the cemetery of Santa Maria di Gesù in Palermo, is inscribed: “Here lies Augusta, mother of Antonino, who still awaits truth and justice.

Vincenzo Agostino, whose white beard now reaches his chest
Vincenzo Agostino has vowed not to cut his beard until he gets justice. “It’s not yet time,” he said. Photography: Alessio Mamo / The Guardian

In another cemetery, about 200 miles away, in the territory of the Calabrian ‘Ndrangheta, another father knocks on his son’s gravestone. He asks if he can hear it and wants to know what it is like up there in Heaven. The father’s name is Martino Ceravolo and he says he has not known peace since the ‘Ndrangheta mistakenly killed his 19-year-old son Filippo on October 25, 2012 near Soriano Calabro.

“That evening, Filippo had planned to visit his girlfriend, who lived in a small town four kilometers from here,” said Martino, 52, who ran a candy stand with his son. “His car wasn’t running, so he tried to hitchhike. A young man from Soriano Calabro offered to take him there. Unfortunately, he ended up in the wrong car the wrong night.

At that time, a violent war raged within the ‘Ndrangheta between the powerful Emanuele clan and the Loiero clan. Filippo couldn’t have known that Domenico Tassone, who had given him a lift, was on the rival clan’s results list. At around 10 p.m., four men surrounded Tassone’s car and started shooting. Bullets intended for Tassone hit Filippo in the head and chest.

“When I got to the scene of the crime, my whole world fell apart,” says Martino, who takes tranquilizers every day to deal with his panic attacks. “Tassone left the car shouting, ‘They wanted to kill me!’ He miraculously survived, as Filippo lay on the ground in a pool of blood. “

The Filippo case was closed for lack of evidence, although prosecutors have identified the four men responsible for the attack, who continue to control the local area. “These criminals took my son’s life – and ours too,” says Martino.

Angelina Landa with a photo of her father, Michele Landa, killed by the Camorra in 2006.
Angelina Landa with a photo of her father, Michele Landa, murdered by the Camorra in 2006. Photography: Alessio Mamo / The Guardian

One of Martino’s daughters suffers from depression and his wife attempted suicide three years ago after her son’s case was closed again.

“We were abandoned without any psychological support,” says Martino. “I too thought about killing myself. I thought about setting myself on fire in front of the Ministry of Justice.

The psychological impact on families can be devastating, especially in cases of “ambiguous loss”, in which the bodies of victims are never found. Close family members living in constant limbo can develop severe depression or alcoholism.

“After my father died, I suffered from anxiety and panic attacks for years, while my mother suffered from depression all her life,” said Daniela Marcone, 52, vice president of Libera.

Daniela Marcone, with a photo of her father, Francesco Marcone, killed by the mafia in 1995 in Foggia.
Daniela Marcone, with a photo of her father, Francesco Marcone, murdered by the mafia in 1995 in Foggia. Today, she is the leader of the anti-mafia organization Libera. Photography: Alessio Mamo / The Guardian

Daniela’s father, Francesco, was shot dead on the evening of March 31, 1995 in the stairwell of his apartment building by a local mafia killer from Foggia, Puglia. He was the director of the state tax agency, which had denounced corruption in his office and tax evasion from several companies.

Despite the fact that Marcone’s murder was a manual Mafia murder, her case remains unsolved. “I know of mothers who have contacted Mafia bosses, begging them to reveal the location of the body, just so they can give their child an honorable burial.”

The wait for justice can become so frustrating that many relatives of victims have become pseudo-detectives. When Angelina Landa realized that the police were not investigating the death of her father, Michele, a 62-year-old security guard who was allegedly killed by the Neapolitan Camorra, she decided to take matters into her own hands.

In 2006, the Casalesi clan of the Camorra mafia, which inspired the television series Gomorrah, turned to the lucrative business of stealing industrial phone batteries. Michele had been assigned to guard a Vodafone relay near Mondragone, Campania, which was controlled by the Camorra. His charred body was found on September 5, 2006 inside his small Fiat.

“My brothers and I agreed that we had to act quickly,” says Angelina, 48, a teacher. “Five days after his disappearance, we jumped over the fence where the police had moved his burnt out car. Among the ashes we found his bones. After five days, they still had not removed his remains from the car.

Investigators closed the case after a few months, citing the lack of evidence.

Another aggravating factor in the resolution of cases is omertà, the Mafia’s code of silence. “Mafiosi rarely testify against their own, including against their rivals,” explains Marcone.

“In a mafia murder, it is difficult to find witnesses among ordinary people, especially in small towns where organized criminal groups are deeply rooted and omertà is a social phenomenon, ”she says. “People are reluctant to come forward because they fear reprisals from the bosses. “

“The code of silence is the basis of the strength of the Mafia,” explains Federico Cafiero De Raho, national anti-Mafia prosecutor. “Mafia murder investigations can be very complicated. A boss-ordered murder never has a single perpetrator, but a chain of perpetrators. This makes the investigation difficult, unless an arrested mobster decides to speak out. “

Paradoxically, the hope of reopening Mafia cases is sometimes in the hands of the same people who committed these murders: Mafiosi who are arrested and decide to collaborate with prosecutors in exchange for reduced sentences. In recent years, such cases have brought to light many “cold cases”.

“I flip through the newspaper every day hoping to find news of a recent Mafia renegade,” Marcone explains. “I realize it’s frustrating, but I’ve never looked for vendetta, only justice. And until I find him, I’ll keep knocking on my son’s grave to let him know that I haven’t given up.

“Without justice, there is no peace,” he said. “Neither for me nor for him. “


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Little Falls to Reissue Tenders for Next Recycling Contract | Morrison County File http://lorodinapoli.org/little-falls-to-reissue-tenders-for-next-recycling-contract-morrison-county-file/ http://lorodinapoli.org/little-falls-to-reissue-tenders-for-next-recycling-contract-morrison-county-file/#respond Sat, 10 Jul 2021 17:00:00 +0000 http://lorodinapoli.org/little-falls-to-reissue-tenders-for-next-recycling-contract-morrison-county-file/ Little Falls City Council returns to the drawing board. After two months of controversial talks, council voted on Tuesday to reject all proposals it had received to be the city’s next one- and two-unit residential recycling carrier. The Request for Proposal (RFP) will be reissued with additional criteria that will be used to determine the […]]]>

Little Falls City Council returns to the drawing board.

After two months of controversial talks, council voted on Tuesday to reject all proposals it had received to be the city’s next one- and two-unit residential recycling carrier. The Request for Proposal (RFP) will be reissued with additional criteria that will be used to determine the successful proposal.

“I think this was brought up at our last meeting about another city that continues to kick the box,” Mayor Greg Zylka said shortly before the vote. “I hope we can find a solution one way or the other. We have been talking about recycling for several years and I hope we can come to an agreement as a Council.

“I’m tired of kicking the box,” said board member Wayne Liljegren.

“The residents too,” replied Zylka.

This exchange was followed by a 6-1 vote in favor of rejecting the four existing proposals and re-issuing the RFP. Leif Hanson voted alone against the motion, with Liljegren, Zylka, Raquel Lundberg, Brad Hircock, Jim Storlie and Frank Gosiak in favor. Council member Jerry Knafla was not present.

The four proposals received came from local carriers Bob LeMieur Roll-offs, Refuse and Recycling and City Sanitary – the latter holds the current contract, which expires December 31 – as well as national carriers Republic Services and Waste Management. Based on the criteria set out in the RFP and the information provided by each of these companies, city staff recommended that Council accept Republic’s proposal.

The Council was originally scheduled to vote on whether or not to accept this recommendation on May 17. Local carriers brought more information into the conversation than what was provided in the RFP, implying that there may be a more cost effective way to offer single stream recycling.

The Council is authorized to consider only the information contained in the requests for proposals in relation to what was specified in the initial criteria when making its decision. Anything that was revealed after the fact was to be ignored, unless the Council wanted to start the whole process over again – which it ultimately did.

“What the case law tells us is that once you have chosen a path – once you have started to follow it – you must continue to take that path until a decision is made.” said City Attorney Alissa Harrington. “Which means, in this particular case, that your options are to make a decision based on the criteria that were in the RFP and then go ahead. In other words, if you want to award the project under the current tender. “

Council discussed the matter for about 40 minutes in its planning session before Tuesday’s regular meeting. Much of that time was spent on the likelihood that a specific decision would open the city to a lawsuit, or whether the tenders that were sent out were flawed in some way or another.

Harrington said, and later clarified that she and the other attorneys at her law firm – Flaherty & Hood, PA – believed that the rejection of all proposals and the reissuance of the tender was the path that had the least chance of someone bringing a lawsuit against the city. She stressed, however, that the process has been robust and that the likelihood of a prosecution – if Council accepts the staff recommendation – to succeed was low.

Storlie highlighted three areas that would concern him from a legal point of view if the Council accepted the recommendation to negotiate with the Republic on the basis of his proposal. The first was that the RFP did not specifically state that the city was looking to move to a one-flow process – where residents can put all materials into one container, rather than sorting them.

City administrator Jon Radermacher said this was intentionally left vague. This was done because, in his previous conversations with carriers, he had heard that the single stream could be twice as expensive for customers as the current mixed sorting system. He didn’t want to spell that out in the RFP and ask each company to come back with a price for a one-time feed higher than what the Board would be comfortable with.

“During the time the RFPs were submitted, and then before they were opened for response and before they were sent back, the carriers called me,” Radermacher said. “They asked questions. They specifically asked, “Are you looking for a unique flow? And my consistent response to them was, ‘Not specifically. Give us your proposal based on the best, most cost effective and practical option as specified in the RFP. ‘ It doesn’t say single stream; it doesn’t say sorted. It simply says, “Give us your best option that offers the most convenience – the cheapest option that offers the most convenience.” It was the intentionality behind this venture.

His second concern was that no board member was on the referral committee, as noted in the RFP. Harrington said the Council’s strong involvement in the selection process would meet those criteria in the eyes of the law.

His final concern was that the RFP asked for a price that only covered 2022, but Republic’s presentation of its costs over five years was factored into the recommendation.

Harrington said, again, that this is an area where the wording has been allowed to be ambiguous. The idea was for respondents to provide a minimum cost proposal for one year, and anything beyond that could be resolved in negotiations. There is no violation of the criteria of the tender, as it says “at least one year”.

“I understand that there is an ambiguity. It was intentional, ”Radermacher said. “Whether it warrants legal action or not, I just thought it was very important that I could share the intention behind why we did these things the way we did them. I didn’t have the feeling that our process was outside the norm or unfair or unprecedented from what we should have expected.

Harrington stressed that she didn’t think a lawsuit based on any of these issues would be successful. She believed, however, that there was a high degree of likelihood that a complaint would be filed if the city went ahead on the recommendation to negotiate with Republic.

“However, the risk of someone wearing a suit is much, much higher,” she said. “We saw this in the posture and simply because of what we have seen in other cases is that even small inconsistencies with the process frequently lead to lawsuits against cities in these types of cases. . “

Gosiak clarified that whether or not a lawsuit is successful, the city would likely have to spend the money defending itself in court if it chooses Republic based on current tenders. Harrington said that was indeed the case.

Lundberg said, however, that she was still in favor of this option. She judged Republic’s proposal – which is not known to the public – to be the best of the four received by the city. All the information received after the fact, she reiterated, could not be taken into account if the city were to choose one of the original tenders.

She also reminded her fellow board members that they had all had the opportunity to review the RFP before it was sent to potential carriers, so they were involved in the whole process. She argued that Republic was the right choice and that it should be decided in May, but she was “too chick to stand up and say it”.

Gosiak said he believes going with Republic puts the city in the most precarious position from a legal standpoint. He also said it’s common for council members to get information on a topic after it was initially discussed in the form of public comment.

“So we’re going to give in because we’re afraid of being sued, even though it’s the right thing to do?” Lundberg said.

Gosiak said he wanted to make his decision based on what was included in the RFP as well as what has been put forward since. He said the issue of how many jobs a local carrier could create or keep was not included in the RFP. He felt that taking all the information into account was best for the city.

“It’s not a court case where we sit here and we just take the facts that were presented there and we have to make a decision, like in a murder trial or something like that,” he said. declared. “It’s something totally different, and I’m not going to take it like, ‘Well on this date, this date …’ It’s not that easy with me.”

Lundberg said that at some point, whether it’s a year from now or five years from now, the contract under discussion will expire. At that time, she said that all carriers would again have the opportunity to make a proposal.

“This new contract that we will eventually – hopefully – conclude with one of the carriers will not last forever,” she said. “It’s going to have an end date. If it’s two years, then increase your game. Come back with a better proposal in two years.

Hanson clarified that his motion at the June 21 board meeting to reject the committee’s recommendation and negotiate with Bob LeMeur Roll-off, Refuse and Recycling – which failed on a tied vote of 4-4 – was made only on the basis of what was contained in the proposal. He said he liked his proposal because it was the lowest price and he uses the current bins.

He said everything he needed to know to “get the gist” of the company’s proposal was spelled out in their one-page proposal, referring to the two national companies providing 29- and 19-page documents. , respectively.

“I don’t need 29 pages,” Hanson said. “I know where they live. I know where their store is. The other local carrier, I have their phone number in my phone if I have a question. (I) do not go through the vice president of city services or something like that. I’m happy with their DP, and just want to clarify that. There is no additional information provided to me by them or their representatives that I am considering apart from what is in their RFP.

Finally, at the regular meeting, Hanson brought this motion back. He was seconded by Liljegren, but was pulled off the court shortly after due to a procedural issue. Since the motion has already been put to a vote, the city’s charter states that a person who voted “no” the first time must submit it for reconsideration before they can vote a second time.

Once this motion was withdrawn, Gosiak made his motion to reject all proposals and reissue the RFP.

“Can I confirm that you decide to reject all offers and issue a new tender?” Is that correct? ”Harrington asked.

“That’s right,” Gosiak confirmed.


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Commentary: Lawyers can make a difference in reducing acrimony in divorce http://lorodinapoli.org/commentary-lawyers-can-make-a-difference-in-reducing-acrimony-in-divorce/ http://lorodinapoli.org/commentary-lawyers-can-make-a-difference-in-reducing-acrimony-in-divorce/#respond Fri, 09 Jul 2021 22:01:52 +0000 http://lorodinapoli.org/commentary-lawyers-can-make-a-difference-in-reducing-acrimony-in-divorce/ SINGAPORE: I had a client who shared a painful story involving his divorce. As her marriage broke down, in a fit of anger, she told her ex-husband: “I regret having been through this pregnancy.” The couple had been married for 15 years and had a daughter. She was unaware that what she said to her […]]]>

SINGAPORE: I had a client who shared a painful story involving his divorce. As her marriage broke down, in a fit of anger, she told her ex-husband: “I regret having been through this pregnancy.” The couple had been married for 15 years and had a daughter.

She was unaware that what she said to her ex-husband had not only been communicated to her daughter, but ended up in the affidavit as an argument used against her in the custody battle.

She was upset when she remembered that even though she had made this statement, she didn’t think it would be used against her.

Her ex-husband’s lawyer knew the case would turn out in her favor, despite the harm it would cause the family in the long run.

READ: Fewer marriages in Singapore in 2020 due to COVID-19 disruption; lowest number of divorces since 2006

This case illustrates the central role lawyers play when marriages break down and how lawyers advise on what should be included in a lawsuit.

In addition to determining who deserves what and defending the interests of their clients, lawyers also play a vital role in setting the tone of the divorce.

After all, they are there every step of the way to establish the validity of the grounds for divorce, negotiate the division of property, custody of the children, draft pleadings and affidavits, and prepare them for any legal proceedings.

It’s their job to make sure they get the best results for their clients, but there is a way for them to do it without harming families in the process.

GOOD AND BAD APPLES

In my 35 years of practice as a counselor, I have seen different types of lawyers and the effect they have had on their clients and divorce proceedings.

Even in a no-fault divorce, lawyers must navigate custody arrangements and divide up assets. (Photo: iStock / Chee Gin Tan)

Couples who divorce often go through various stages of grief, from denial to acceptance. I have had clients who have been referred to me by their lawyers because they really care about their clients’ best interests and want someone to support them emotionally.

These lawyers could very well have thought about the money and handled every case. But instead, they assessed whether their clients were ready for a divorce and asked them to consider counseling instead. In some cases, clients would decide to stay in their marriage, thus losing a potential client’s lawyer.

READ: ‘I don’t think I’ll regret it’: Why more married couples remain childless

To be fair, when it comes to divorce, lawyers have a lot to do. They have to deal with the intense emotions that accompany the end of a marriage. And they know that the emotional injury can have a ripple effect on the procedure.

Many find it difficult to conduct an intensive interview to bring out the facts when the person in front of them is an emotional mess.

Some take up this challenge with kindness and do their best to ease tensions while protecting the interests of their clients. But there are also those whose “win at any cost” approach might gain ownership or custody of their client, but destroy any semblance of family.

Acrimony goes against a fluid process because it makes people feel attacked and threatened. The brain then goes into defensive overdrive, pushing the body into flight or combat mode.

Rational thinking and problem solving disappear, and you end up with rash decisions that can do more harm than help. There have been cases of parents trying to leave the country with their offspring just to gain the upper hand in a custody battle – a move that could hurt the child for life.

READ: Commentary: Divorce, a painful, chaotic and contentious affair

CHANGING THE ROLE OF A LAWYER

In May, the Ministry of Social and Family Development (MSF) said it was seeking public input on measures to better support divorcing couples and their children. One suggestion was to have a no-fault option that does not require couples to prove fault such as adultery or show that they have been separated for at least three years.

Another suggestion is to allow couples to jointly file for divorce, rather than putting them at odds as plaintiff and defendant.

wedding-generic-wedding

Archive photo of the alliances. (Photo: AFP / Jay Direct)

It’s a good shot. I see more couples who want a less acrimonious divorce. The effects of this situation on children are well documented and there is a growing awareness of the long-term impact that divorce can have on children.

If the proposals are put into politics, the role of the divorce lawyer will change as well. With this change, they will need to focus their client’s mindset on resolution rather than assigning blame. This reframing makes all parties realize that marriage was a bad decision, and it’s a chance to correct it and move on.

READ: Commentary: Conflict in families negatively affects children more than divorce

READ: Commentary: Couples who stay in unhappy unions for the sake of children may end up hurting them

Lawyers can now resume their original role as professionals who advise clients on their interests and how to protect them, instead of acting solely on their instructions to get a better case.

Like a plumber cleaning a clogged pipe, they’re not there to determine what debris has clogged the pipe. They are just there to clear the hose so that the water can flow smoothly again.

With a no-fault divorce, the legal process can be seen as an administrative step in dissolving the marriage rather than years of protracted negotiations that take a toll on the mental and financial health of couples.

Lawyers can now, more than ever before, play a critical role in determining whether the process is amicable or acrimonious.

With a deeper understanding of emotional, psychological, and interpersonal issues, they can begin to take steps to calm the situation down and reduce actions like raising their voice or using a quick questioning style that only adds to the stress of the process.

Children of divorcing couples will also benefit greatly. Children’s perceptions of the role lawyers play can shape how they cope with this painful transition.

In some of the cases that I have advised, they see the lawyers as some sort of hangman, seeking to kidnap either parent. And in other cases, where the lawyer is seen to be more compassionate and cooperative, they see him as helping their parents through a difficult time.

The judicial process does not have to be the arena of blame, revenge, the airing of grievances or the search for the last grain of truth.

(Should the proposed no-fault divorce option be limited only to couples with children? The author and a family lawyer provide their perspective on CNA’s Heart of the Matter podcast.)

Benny Bong is a family and marriage therapist in private practice. He has over 35 years of experience in consulting, training and education. He is also president of the Society Against Family Violence, a nonprofit group he helped form 30 years ago.


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Turkey / Kyrgyzstan: interpretation of a Turkish-Kyrgyz educator http://lorodinapoli.org/turkey-kyrgyzstan-interpretation-of-a-turkish-kyrgyz-educator/ http://lorodinapoli.org/turkey-kyrgyzstan-interpretation-of-a-turkish-kyrgyz-educator/#respond Wed, 07 Jul 2021 02:58:23 +0000 http://lorodinapoli.org/turkey-kyrgyzstan-interpretation-of-a-turkish-kyrgyz-educator/ (Berlin) – Turkish and Kyrgyz authorities kidnapped, forcibly disappeared and extrajudicially transferred a Turkish and Kyrgyz national living in Bishkek to Turkey, Human Rights Watch said today. The actions included flagrant violations of international and national law. Orhan İnandı, director of a network of prestigious schools in Kyrgyzstan, is the latest victim in a series […]]]>

(Berlin) – Turkish and Kyrgyz authorities kidnapped, forcibly disappeared and extrajudicially transferred a Turkish and Kyrgyz national living in Bishkek to Turkey, Human Rights Watch said today. The actions included flagrant violations of international and national law.

Orhan İnandı, director of a network of prestigious schools in Kyrgyzstan, is the latest victim in a series of cases in which Turkish intelligence services have been implicated in the illegal transfer of people to Turkey from countries in the whole world. Those targeted are said to be linked to the movement of US-based Sunni cleric Fethullah Gülen. The Turkish government regards the Gülen movement as a terrorist organization responsible for the attempted military coup of July 2016 in Turkey.

“The kidnapping, enforced disappearance and illegal transport of Orhan İnandi to Turkey from Kyrgyzstan once again demonstrates Ankara’s ruthless disregard for the rule of law in general and the most basic standards of international law” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “That İnandı, a Turkish-Kyrgyz dual national, could be kidnapped and reported missing for weeks on Kyrgyz soil, only to be illegally expelled from the country by Turkish intelligence services, suggests that the Kyrgyz government is unwilling or unable to stand up to Ankara or directly to collude with them.

On July 5, 2021, Turkish President Recep Tayyip Erdoğan told the media that Turkish intelligence services had taken İnandı to Turkey, where he had been “brought to justice”, showing video footage of him handcuffed in front of Turkish flags. İnandı had been missing from Bishkek since May 31, apparently removed from his car, which was found abandoned. He remained missing until Erdoğan’s announcement. Claims by İnandı’s wife that he was detained for weeks at the Turkish Embassy in Bishkek after his kidnapping have not been officially confirmed by either the Kyrgyz authorities or the Turkish authorities.

On July 6, Kyrgyz President Sadyr Japarov said in an interview that the government would demand İnandı’s speedy return to Kyrgyzstan. He also said that since 2016 there have been three attempted kidnappings of İnandı, the most recent in early 2021 prevented by the Kyrgyz State Committee on National Security. Also on July 6, the Kyrgyz Foreign Ministry delivered a diplomatic note to Turkish Ambassador Ahmet Sadık Dogan, urging Turkey to return İnandı to Kyrgyzstan and ensure that he is not mistreated in detention. , in accordance with the standards of international law. Although there has been no official response, Ambassador Dogan has been quoted in the media as saying İnandı is a Turkish citizen.

Civil society groups and others have expressed shock at İnandı’s forcible transfer to Turkey, fearing that the Kyrgyz government has not thoroughly investigated his disappearance. The impartiality of the Kyrgyz law enforcement has been called into question in this case, in particular the State Committee on National Security, following allegations by the Turkish media that the Kyrgyz authorities were complicit in the disappearance. forced from İnandı.

This was complicated by news on June 16 that the State Committee had not investigated İnandı’s kidnapping, but rather his Kyrgyz citizenship. Although on June 1, President Japarov called on the Kyrgyz police and the State Committee on National Security to intensify the search for İnand, on June 24, the Bishkek Attorney General’s office confirmed to the İnandı’s wife, Reyhan İnandı’s legal team, that the committee had not been part of the investigative working group.

Over the past five years, dozens of men suspected by Turkish authorities of having links with the Gülen movement, living in countries around the world, have been arbitrarily detained and forcibly returned to Turkey. They are being held there on false charges of terrorism in violation of due process rights and international law protecting fundamental rights, including liberty and security, a fair trial, and freedoms of opinion, expression and expression. association.

In several of these cases, the United Nations Working Group on Arbitrary Detention has issued conclusive opinions that Turkey has subjected men to arbitrary deprivation of liberty. In many cases, as part of the illegal process to force their return to Turkey, the men have been the victims of enforced disappearances.

In an enforced disappearance, a person is deprived of their liberty by or with the consent of state agents, but their detention is refused or their fate is concealed, in violation of legal protections against these blatant forms of detention. arbitrary. As has happened in other such cases, there are serious and credible concerns that İnandı, already arbitrarily detained, will face prolonged illegal pre-trial detention and an unfair trial.

“The Turkish government should immediately reveal where İnandı is being held in Turkey and secure his immediate release,” Williamson said. “As long as he remains in detention, he must undergo a full and in-depth medical examination by an independent doctor in a hospital without the presence of security guards and have urgent access to a lawyer of his choice for his appearance. fast before a judge. Kyrgyzstan should take steps to ensure the security and protect the human rights of its citizens and hold to account all those responsible for its kidnapping, enforced disappearance and illegal return to Turkey.


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Pop star Britney Spears’ longtime manager resigns http://lorodinapoli.org/pop-star-britney-spears-longtime-manager-resigns/ http://lorodinapoli.org/pop-star-britney-spears-longtime-manager-resigns/#respond Tue, 06 Jul 2021 07:20:00 +0000 http://lorodinapoli.org/pop-star-britney-spears-longtime-manager-resigns/ Singer Britney Spears poses at the 29th GLAAD Media Awards in Beverly Hills, California, United States, April 12, 2018. REUTERS / Mario Anzuoni / File Photo July 6 (Reuters) – Longtime Britney Spears manager has decided to end his ties with the pop star, according to Variety outlet, citing his letter to the singer’s father, […]]]>

Singer Britney Spears poses at the 29th GLAAD Media Awards in Beverly Hills, California, United States, April 12, 2018. REUTERS / Mario Anzuoni / File Photo

July 6 (Reuters) – Longtime Britney Spears manager has decided to end his ties with the pop star, according to Variety outlet, citing his letter to the singer’s father, about his intention to quit performing. sing professionally.

Larry Rudolph wrote in the letter to Jamie Spears and court-appointed director of care Jodi Montgomery that his “services are no longer needed” because Britney had “expressed her intention to officially retire,” according to the report.

Britney Spears, 39, has been in guardianship since suffering a mental health crisis in 2008, with decisions about her finances and personal care being handled by her father, Jamie Spears. Last year, she took legal action to prevent her from going about her personal affairs.

Last month, the singer told a Los Angeles judge overseeing the arrangement that she wanted it to end. Spears called the 13-year-old guardianship abusive, saying she felt traumatized and angry and wanted her life back. Read more

Jamie Spears is credited with reviving his daughter’s career after her life got out of hand in 2007-08. He is also the singer’s finance co-curator.

Rudolph, who had worked with the singer for over 25 years, said in the letter that he was never part of the Trusteeship or its operations. Rudolph was not immediately available for comment on Variety’s article and letter.

Report by Maria Ponnerhath in Bengaluru; Editing by Karishma Singh

Our Standards: Thomson Reuters Trust Principles.


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