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« Ultrasound examination of pregnant women: why, at what time and for what?
Some women generally think that having to know about their pregnancy is optional. Others on the contrary – having learned that they will become a mother, begins to look for clinics and a doctor for pregnancy. Many couples, on the contrary, plan only how their child will have a baby and want to prepare the body of their future mother for this responsible and far-reaching period … Let's understand what such maintenance / pregnancy is and why there is such a medical service at all.
It is convenient for many women to register for pregnancy in a woman's consultation at their place of residence. This is advantageous if you live near, besides, a number of diagnostic tests guaranteed by the state package of free medical services will be free of charge for you. But pregnancy is not only a medical and diagnostic measure, the purpose of which is to bring and give birth to a healthy infant. Pregnant women also need information, and very often – psychological support, not only medical documentation, maternity "hospital", etc.
As part of the medreform, pregnancy can now also be a family doctor, whom you can choose on your own and conclude an agreement with him. In case of occurrence of situations, when the medical aid of a specialized specialist – a gynecologist or obstetrician, a geneticist, etc., you will be sent to the same woman's consultation (LC). Given the large number of patients in the LCD, an individual approach to doing precisely your pregnancy can leave your doctor free of time. In addition, you will have to adapt to a fixed schedule of specialists LCD. An alternative can be a private clinic, where you choose a doctor, consultation time, the number of visits to the doctor, and the possibility of online counseling or support by telephone.
It's no secret that women in the state housing and maternity wards still pay for a range of services, so more and more future mothers are selected for private pregnancy and future births by private clinics. Private specialized clinics have modern equipment not only for "ordinary" ultrasound, but also for perinatal diagnosis of birth defects. Also, choosing a private clinic to accompany a pregnancy, a woman can always change the doctor, turn to a specialist in a narrow profile if necessary in the same clinic, since professional medical centers offering pregnancy support always have in the staff of specialists of all specialties necessary for assessing the status of women on at all stages of her pregnancy.
Its own clinical and diagnostic laboratories with modern equipment allow private clinics to quickly obtain the result of an important analysis. Here the woman will also offer psychological support, childcare education, postpartum follow-up. Many private clinics operate a system of discounts and have the opportunity to pay for consultations and diagnosis in stages.
In addition to reviews of the clinic, the experience of its work in the medical market and the scope of the scope of the diagnostic services provided, pay attention to the staff of doctors. Especially if you have any chronic illness, there is a risk of not pregnancy or other pathology. In such cases, you need a clinic where specialist experts accompany pregnancy in women, for example, with diseases of the heart and blood vessels, endocrine problems, etc. If it is difficult for you to choose a clinic for your pregnancy, you can apply for free assistance to our consultants or use the public register of medical institutions in Ukraine.
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Well, having a website-, be it a set of business web pages or an e-commerce store- is significant, search engine optimisation has a big role to play. Search engine optimisation is a series of strategies and tactics, which is employed to drive traffic to your website, increasing leads, thus sales. Having a website is only the step towards getting your business digital, but to transform your website into something, which can fuel your business to scale new highs with every passing financial year.
Stay in Line With Your Rivals- Many are in a misconception that search engine optimisation is completed until the top spots of the popular search engines like the Google is not achieved, instead, it is not correct. When your business occupies the best positions of search engine result pages, it will require even more dedicated and maintenance to stay in line with their rivals, instead of sitting back and waiting for their competitors. Thus, SEO services in Essex are of great help to ensure your online survive and flourish to new highs.
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Build Your Brand- Search Engine Optimisation can help to build your brand, by having an online presence. This quite simple, the more times, your potential customers come across your business website on authentic search engines like the Google, the Bing, the higher the possibility they will buy from your website.
At the end of it all, do a bit of research before availing SEO services in Essex, read online reviews and ratings to find the best company in the town. Also, ask your business friends for recommendations on this.


We took a short trip to Bremerhaven over the weekend. If you are ever there, there are 2 things you need to see: the Deutsches Auswandererhaus (German Emigration Center), and the Zoo am Meer.
Click for some awesome pictures…..


text:
Q: Validate a model in viewmodel? I wonder if there is a way to validate just one of my models in the viewmodel send it to my action? I use the DataAnnotations as validate rules.
Like the if (!ModelState.IsValid)
let me know if the question is unclear and I will edit for a better explination
EDIT
my viewmodel looks like this
public class CompaniesViewModel
{
    public Core.Model.Customer Company { get; set; }
    public IEnumerable<SelectListItem> Items { get; set; }
    public Core.Model.Meeting Meeting { get; set; }
}

What I want to do in this particular situation is to validate just Customer. I cant do the ModelState.IsValid then all get validated. So how can I do to just validate one of them like customer in this case. Hope this was more clear

A: There are a number of different ways you can do this. The first is to add a property called IsValid that checks the property. So something like:
public class Company
{
  public bool IsValid
  {
    get { return GetValid() }
  }

  private bool IsValid()
  {
    if ( Some check here )
      return false;
  }
}

[HttpPost]
public ActionResult SomeAction(CompaniesViewModel model)
{
  if (model.Company.IsValid)
  {
  }
}

However a better solution IMO would be just to post the Company to your controller rather than your entire view model. Just because your passing a view model to a view it doesn't mean that you need to post the entire view model back. When you create your HTML form specify only the properties you want to post back to your controller. So for example your controller would become:
[HttpPost]
public ActionResult SomeAction(Company company)
{
  if (Model.IsValid)
  {
  }
}

Now when you check if Model.IsValid it just check company as that is all you've passed back to the controller.

A: You can separate Customer Model to another class in your ViewModel and map that in Controller to a existing/new Customer:
public class CompaniesViewModel
{
    public Company Company { get; set; }
    public IEnumerable<SelectListItem> Items { get; set; }
    public Core.Model.Meeting Meeting { get; set; }
}

//Validations for Company go here:
public class Company
{
    public string CompanyId { get; set; }

    [Required]
    public string CompanyName { get; set; }
}

A: At server side, you can try the ValidateModel(object) method, like in TryValidateModel(CompaniesViewModel.Company).
If you have enabled client sided validation, you need to post only the relevant entity. If you want to post all entities, but you need to validate only one, you can consider the following:

*

*either removing the rules, using javascript    ASP .NET MVC Disable Client Side Validation at Per-Field Level

*or creating a Data-Transfer-Object, ie a View Model which has NO link to the Model, but reproduces the entities you want with the validation rules you want having applied in this scenario. Of course, then, you'll need in your controller or a model binder some way to bind from your ViewModel to your Model entities.

redpajama_set_name: RedPajamaStackExchange


The study was carried out by market research agency GfK and involved over 4,000 people from the US and the UK.
The study concludes that since people are in constant movement between devices, the challenges for marketers increase in terms of providing a solid brand experience as well as measuring the effect of efforts across devices.
And this is an area where Facebook really shines. I know it's a bit obvious giving Facebook a shout out after referring a study they commissioned, but in terms of creative consistency over devices and cross-device measurement they have a very attractive solution.


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The ALSternative — 2016 Season Preview Part 1
Posted on May 26, 2016 May 29, 2016 by Cliffy D. Pine
After five years of doing this blog for you good readers and following this league as closely as I do, I often think that you can't be taken by surprise. But throughout this off-season, I found myself absolutely bemused by the thoughts and opinions of not just the fans of this league, but media members as well.
There seems to be one prevailing thought from these people as the Montreal Alouettes celebrate the 20th anniversary of their return to the Canadian Football League; this team doesn't have a prayer.
This seems to be based on the fact that the Alouettes put together their worst season since that return in 1996. The highlights were few and far between plus this off-season certainly had its fair share of tumultuous activity for the Birds of Prey. They do say it's darkest before dawn and this Sunday, the light will break through and a new season begins, full of hope for the members of Alouettes Nation.
So let's take a quick look at what happened since the Alouettes were last on the field and look forward to the 2016 CFL season.
2016 Coaches: The More Things Change…
After Montreal limped off into the sunset by posting a 6-12 regular season record and missing the playoffs for the first time in their current history, the decision was made for stability. It took approximately 48 hours to settle any potential controversy concerning the coaching staff of this team.
Alouettes General Manager / Head Coach Jim Popp announced at the end of year presser that he would be staying on as head coach of this team for 2016. This was a move that has polarized a lot of fans throughout this league. Many people have lauded the move, as this is the fourth time that Popp has assumed control of this team on the field to varying degrees of success. A move that was thought to be temporary after relieving Tom Higgins of his duties mid-season, Popp opted to have some stability for a change and will call the shots for at least this season.
By his side will be two familiar names to fans of this league; Defensive Coordinator Noel Thorpe and now full-time Offensive Coordinator Anthony Calvillo. Both of these coaches will be unofficially vying to be the next leader of this franchise. There are many that were surprised not to see Thorpe named as Alouettes head coach but as these past few seasons have shown, it's only a matter of time before he's leading a team of his own. If it's not succeeding Popp as this team's leader, it will be another.
Thorpe will have some familiar faces helping him lead one of the league's most dangerous units. Back in the nest is Greg Quick, who left Montreal last season to be the DC in Saskatchewan. Despite his football acumen, Quick was stymied by Riders head coach Corey Chamblin's refusal to let him do his job and thus his talents were wasted. But he's back in Montreal and will get the most out of his linebacking corps.
After paying his dues as an assistant the past few seasons, Anwar Stewart now is officially a position coach with the Alouettes. He will be heading up the defensive line, a position that he excelled at for many years playing in Montreal. If this defense holds up and flourishes as it has in years previous, Stewart could find himself rising in the coaching ranks as well and be in discussions for future positions in this league.
Anthony Calvillo went through a trial by fire in his rookie coaching season, going from receivers coach to co-offensive coordinator to now the full-time OC in the span of ONE season. And going solely by his impassioned speech at the end of season presser, AC is already being targeted by many as being the next field boss for Montreal. That sort of premature talk gives me hives; It's not that I don't think AC can be a head coach one day but the idea of throwing him out there so quickly with no real success behind him is alarming, to say the least.
But he has help! This off-season was Calvillo's first in designing an offensive playbook and he received a great co-author when the Alouettes hired Jacques Chapdelaine this past February as the team's receivers coach. Having a seasoned pro in Chapdelaine helping design plays is a godsend for this still rookie coach. Last year, Jacques was the OC in Saskatchewan and spent most of his time with current Alouette starter Kevin Glenn as his quarterback.
Despite the Roughriders posting an atrocious 3-15 record, that team was not lacking in the scoring department. Having Chapdelaine on the sidelines and with Glenn behind centre, this season will be the litmus test for AC the OC. He's being given as many tools as possible for success here in Montreal, far more than the last ex-QB who got fast-tracked through the Alouettes coaching ranks. But I doubted Calvillo in the past and he's proven me wrong; here's hoping that he will do it again.
Free Agent Frenzy!
Last year, Jim Popp went on a shopping spree and brought in a lot of talent. This year, he's toned it down somewhat but still managed to make headlines during the cold winter months.
The biggest move made was bringing back former Alouette Duron Carter, who spent the 2015 season on the practice roster of the NFL's Indianapolis Colts. Having Carter back provides a true superstar for Montreal as well as another steady pair of hands for Kevin Glenn to throw to. The NFL dream is still there for Duron and you know that he will be using this team again as a showcase of his talents.
That's hardly news in this league as this off-season saw a plethora of CFL players parlay all-star seasons into a contract south of the border. Duron never got a chance to shine in the NFL and he will be making good use of his time here in La Belle Province.
Montreal also landed some 2015 Grey Cup experience on Free Agency Day when the Alouettes signed free agents Kenny Stafford and Jovon Johnson. Stafford was a shining light in Edmonton after being traded to the Eskimos by Montreal in January 2015. Kenny was a crucial part of bringing the Grey Cup back to Alberta's capital and he will be ready to repeat himself this season.
Also on that Grey Cup field last November was Johnson, as he led the Ottawa RedBlacks' secondary into battle. The head of the heralded "D-Block" unit, Jovon knew how to motivate his young charges on the field and he will provide some outstanding leadership to Montreal's young and talented DBs.
Even though training camp is a mere few days away, Jim Popp showed that he was still not ready to stop making moves to better this team. This past weekend, he swung a deal with the BC Lions for the rights to negotiate with highly touted NCAA quarterback Vernon Adams. This young man was expected to be drafted into the NFL but ended up being overlooked by its 32 teams despite a successful collegiate career at the University of Oregon.
Despite not playing a down of professional football, Adams is already being compared to names like Doug Flutie and Russell Wilson in terms of size, mobility & playmaking out of the pocket. Adams is not your prototypical NFL QB but he certainly has all the makings to be a success in the Great White North. Despite having Brandon Bridge, Tajh Boyd and Rakeem Cato on the roster, this Alouettes organization has still been searching for its next great quarterback to emerge.
One of these youngsters will have to step up and assume the reigns once Kevin Glenn calls it a career. Throwing a talented arm like Adams' into the mix just ratcheted up the intensity level that will be on display starting this Sunday in the sleepy college town of Lennoxville.
More To Come!
Over the next few days, I'll lead you more in-depth with this Montreal Alouettes roster and where each side of the field stands as they prepare for this 2016 season and the ultimate goal; playing at Toronto's BMO Field in late November for the 104th Grey Cup. A lot of people are sleeping on this Alouettes team and as a fan, I couldn't be more excited at that prospect.
I love that everyone is predicting this team to finish dead last in the standings. I am thrilled that people have dug a grave for this team and are standing over it with dirt-filled shovels. Because while there has been a lot of head-scratching moves and some decisions have been suspect to say the least, this Montreal Alouettes team has only truly been beaten by one team the last few years; itself.
Last year's futility was very much an anomaly for the Birds of Prey; This year there are no distractions, no head cases and any drama that comes about will be due to the product on the field, not the shenanigans off of it. I don't do predictions and anything is possible, but I don't think Montreal will be the steaming pile of monkey crap that many wags are predicting that it will be.
One thing is for certain as training camp gets under way this Sunday; I will be there to soak in the majesty of it all and report it back for the readers of The ALSternative. Hopefully, you'll come along for the ride.
I'll be back tomorrow to start breaking down this Montreal Alouettes team, piece by piece. Be sure to follow along on Twitter for more info leading up to camp. Until then and officially for the first time this season,
GO ALS GO !!!
Posted in AlouettesTagged Alouettes, AlsMTL, CFL, CFLPA, CFLTC, Montreal

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Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016
Bills Digests
Bills Digest Service
Parl No.
MILLS, Jonathan, (DPS)
MURPHY, Jaan
Citation Id
Key item
Major subject
Employment portfolio
Voluntary workers
Legislative amendments
10p., bibl.
no. 019 (2016-17)
legislation/billsdgs/4867282
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BILLS DIGEST NO. 19, 2016-17 10 OCTOBER 2016
Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 Jonathan Mills Law and Bills Digest Section
Jaan Murphy Law and Bills Digest Section
Contents Purpose of the Bill ............................................................... 2
Structure of the Bill ............................................................. 2
Background ......................................................................... 2
The Victorian CFA situation ................................................... 2
The present Bill ...................................................................... 3
Committee consideration .................................................... 4
Senate Education and Employment Legislation Committee ............................................................................... 4
Senate Standing Committee for the Scrutiny of Bills .............. 4
Policy position of non-government parties/independents ..... 4
Position of major interest groups ......................................... 4
Financial implications .......................................................... 6
Statement of Compatibility with Human Rights .................... 6
Parliamentary Joint Committee on Human Rights .................. 6
Key issues and provisions..................................................... 6
Objectionable emergency management terms ....................... 6
Continued control by States over their volunteers ................. 6
Constitutional issues ................................................................ 7
Right to make submissions ...................................................... 8
Is the Bill retrospective? .......................................................... 9
Application of the Bill's provisions to existing agreements and determinations ........................................... 9
Concluding comments ......................................................... 9
Date introduced: 31 August 2016
House: House of Representatives
Portfolio: Employment
Commencement: The day after Royal Assent.
Links: The links to the Bill, its Explanatory Memorandum and second reading speech can be found on the Bill's home page, or through the Australian Parliament website.
When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the Federal Register of Legislation website.
All hyperlinks in this Bills Digest are correct as at
Warning: All viewers of this digest are advised to visit the disclaimer appearing at the end of this document. The disclaimer sets out the status and purpose of the digest. Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 2
Purpose of the Bill The purpose of the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 (the Bill) is to amend the Fair Work Act 20091 (the FWA) to make unlawful any agreement term (under the FWA) that has the effect of restricting a state emergency service or fire-fighting body in its use of, or relations with, its volunteers. The Fair Work Commission (FWC) will not be able to approve enterprise agreements (EAs) or make workplace determinations include such terms, and any such terms in existing EAs and determinations will no longer be enforceable.
The Bill also provides an entitlement for volunteer bodies to make submissions in relation to matters before the FWC that may affect them, if the matter relates to an enterprise agreement or workplace determination.
Structure of the Bill This Bill comprises a single Schedule of amendments to the FWA.
Items 1 to 4 add an 'objectionable emergency management term' to the list of unlawful terms in existing section 194, and provide definitions for this term and the bodies to which it would apply.
Items 6 to 8 provide volunteer organisations with the ability to make a submission in relation to a matter before the FWC where the matter affects their volunteers.
Item 9 inserts application provisions to ensure that the amendments will apply after commencement to enterprise agreements, workplace determinations and matters before the FWC.
Background The Victorian CFA situation An enterprise agreement between the Country Fire Authority (CFA) and the United Firefighters' Union of Australia ('UFU')2 was approved by the FWC in 2010, under the FWA.3
A clause of that agreement required the CFA to employ 342 career firefighters over a six year period and to conduct a minimum of three recruitment courses per year, each including training for at least 30 recruits.4
The CFA did not comply with the recruitment clause, or with another recruitment arrangement agreed between the parties following the UFU's notification of an industrial dispute to the Commission about the CFA's non-compliance.5
The UFU commenced a proceeding in the Federal Court in June 2012 to have the recruitment and training carried out and to seek penalties against the CFA. In its judgement in January 2014 the Federal Court found that the relevant clauses in the agreement were invalid.6 The court considered that the CFA was a constitutional corporation—thereby triggering the Commonwealth's corporations power under section 51(xx) of the Constitution— and so was validly covered by the Commonwealth's workplace relations legislation, but found that the disputed clauses were invalid as they breached the implied constitutional limitation on Commonwealth laws interfering with state governments' capacity to function as governments.7
On appeal, the Full Federal Court in 2015 found in favour of the UFU, agreeing that the CFA was a constitutional corporation, but finding that the implied constitutional limitation had not been breached as the clauses in question were part of a voluntary agreement and so did not involve the imposition of any impairment on the state government by a Commonwealth law.8
1. Fair Work Act 2009 (Cth) (FWA). 2. United Firefighters Union of Australia (UFU), Country Fire Authority/United Firefighters' Union of Australia Operational Staff Enterprise Agreement 2010, UFU website. 3. United Firefighters Union of Australia v Country Fire Authority (2014) 308 ALR 438, [2014] FCA 17; (referred to as UFU v CFA 2014), [1]. 4. Ibid., [2].
5. Ibid., [3].
7. The so-called Melbourne Corporation principle, further developed in Re Australian Education Union & Australian Nursing Federation; Ex Parte Victoria (1995) 184 CLR 188, [1995] HCA 71 (referred to as AEU); and later cases as described in United Firefighters' Union of Australia v Country Fire Authority (2015) 228 FCR 497, [2015] FCAFC 1 (referred to as UFU v CFA 2015) at [179]-[214].
8. UFU v CFA 2015, op. cit.
The 2010 agreement was due to expire in September 2013, but is still in operation. Negotiations for a new agreement also commenced in 2013.
In mid-2016 the Victorian Government replaced the Minister responsible and reconstituted the Board of the CFA.9 A new enterprise bargaining agreement10 has since been approved by the board but the volunteers' representative body, Volunteer Fire Brigades Victoria (VFBV) took the CFA to the Victorian Supreme Court11 to challenge the new agreement on the grounds that it potentially interferes with volunteers as:
• the CFA failed to fulfil their statutory duties under the Country Fire Authority Act 195812 (Vic) to consult with VFBV, and
• the terms of the agreement are inconsistent with the statutory obligations of the CFA (including fulfilling the consultation requirement under the Act and constitute an unlawful fettering of the CFA's powers).
In part this relates to statutory obligations to recognise consultation rights under the CFA Volunteer Charter.13
Following an injunction, the new agreement will not be voted upon pending the outcome of the court action. The matter is ongoing at the time of writing.
The Victorian Government has stated:
The CFA Board has given an undertaking to the Supreme Court of Victoria not to put the proposed agreement to a ballot of its career firefighters pending the outcome of Victorian Supreme Court litigation involving the Volunteer Fire Brigades Victoria and the CFA. 14
Summary of the dispute From the above, it can be seen that in very simple terms, the CFA dispute is about terms in the proposed enterprise agreement (EA) that would:
• require that the CFA employ a specified number of career firefighters on each shift (many of which are members of the United Firefighters Union (UFU)) and
• use only career firefighters to perform certain work. 15
In effect, on one hand it is argued that the dispute is about whether the deal would give the UFU too much power over the CFA's operational decision-making processes (and if it would contravene its volunteer charter) whilst on the other hand the UFU argues that the dispute is about necessary measures to protect the safety of both workers and volunteers.16
The present Bill During the 2016 Federal election campaign the Victorian dispute became an election issue due to the application of the FWA and the involvement of the FWC. Prime Minister Malcolm Turnbull was reported as saying that, if returned, the Government would amend the FWA to 'expand the list of "objectionable terms" that cannot be included in enterprise agreements to include anything that would restrict the ability of volunteer emergency services authorities from carrying out their duties'.17
9. Department of Employment, Submission, no. 2, to Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, September 2016, p. 3. 10. Proposed Country Fire Authority-United Firefighters Union of Australia Operational Staff Enterprise Agreement 2016, CFA website. 11. Volunteer Fire Brigades Victoria v CFA (Discovery ruling) [2016] VSC 573. 12. Country Fire Authority Act 1958. 13. Volunteer Fire Brigade Victoria (VFBV), Victoria CFA Volunteer Charter, VFBV website, 27 February 2011. The CFA states that 'The Volunteer
Charter is an agreed commitment by the State of Victoria, CFA and VFBV on behalf of CFA Volunteers to each other. It ensures the State of Victoria and CFA will commit to consultation with Volunteers about all matters which might reasonably be expected to affect Volunteers.' CFA, 'Act and regulations', CFA website. The Volunteer Charter is recognised and the CFA must have regard to its principles, under sections 6F to 6I of the Country Fire Authority Act 1958 (Vic). The VFBV's concerns regarding the agreement and process are outlined further on its website: A Ford (CEO VFBV), 'CFA board approves UFU EBA - no changes put forward by volunteers included', VFBV website, 14 August 2016. 14. Victorian Government, Submission, no. 1, to Senate Education and Employment Legislation Committee, Inquiry into the Fair Work
Amendment (Respect for Emergency Services Volunteers) Bill 2016, 12 September 2016, p. 8. 15. J Teicher, 'What's the Victorian government's dispute with the CFA about? And how will it affect the election?', The Conversation, 1 July 2016. 16. S Whyte, 'Fighting fire with … what, exactly?', Crikey, 6 June 2016. 17. R Harris, 'Vow to fireys backed', Herald Sun, 11 July 2016, p. 5.
In his second reading speech for this Bill, the Prime Minister referenced the Victorian dispute as the reason for the introduction of this Bill, and stated:
… (t)his bill will ensure that enterprise agreements cannot be used in a way that permits unions to exert power over the valuable contributions of volunteers. 18
Committee consideration Senate Education and Employment Legislation Committee The provisions of the Bill have been referred to the Senate Education and Employment Legislation Committee for inquiry with a reporting date of 10 October 2016. Details of the inquiry are at the inquiry webpage.19
See under 'Position of major interest groups' for a discussion of some of the submissions to this inquiry.
Senate Standing Committee for the Scrutiny of Bills At the time of writing the Committee has not commented on the Bill.
Policy position of non-government parties/independents Brendan O'Connor, the Shadow Minister for Employment and Workplace Relations, has stated that the ALP has 'reservations' over the Bill and that it should not be dealt with until after it has been considered by the Senate Committee and the Victorian Supreme Court case has been resolved.20
The Greens have been reported as being opposed to this Bill, while Senators Hinch and Day have reportedly declared their support for the proposal.21 The three Nick Xenophon Team (NXT) Senators and Senator Leyonhjelm have 'expressed in-principle support for the position of volunteers.'22
One Nation Senators have held discussions with union and volunteer representatives and had not announced their final position at the time of writing.23
Position of major interest groups Volunteer Fire Brigades Victoria (VFBV) issued a statement noting that the 'VFBV was able to provide valuable input to the development of the legislation, and we are very pleased that it has shaped up in a way that we believe meets our concerns and deals with the practical issues affecting volunteers.'24
The UFU issued a bulletin stating that 'the legislation as proposed will result in ongoing protracted litigation which is designed to make the (CFA Enterprise) agreement unworkable.'25 The UFU also describes the amendments as unjustified, and as 'a direct attack on Professional/Career firefighters' working conditions' that 'will also eventually have an effect on other industries.'26
At the time of writing over 300 submissions had been published on the webpage of the Senate Education and Employment Legislation Committee inquiry into the Bill, indicating a high degree of stakeholder and community
18. M Turnbull, 'Second reading speech: Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016', House of Representatives, Debates, 31 August 2016, p. 80. 19. Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 [provisions],The Senate, Canberra, 2016. 20. B O'Connor (Shadow Minister for Employment and Workplace relations), Interview with Greg Jennett, ABC News 24, ABCC; CFA; disclosure,
transcript, 31 August 2016. 21. F Hunter, 'One Nation votes key to CFA law bid', The Age, 24 August 2016, p. 5. 22. Ibid.
23. A Smethurst, 'Hanson leans to CFA laws', Herald Sun, 20 September 2016, p. 8. 24. VFBV, 'The Federal Government's volunteer protection amendments to the Fair Work Act', VFBV website, 23 August 2016. 25. United Firefighters Union of Australia - Victoria Branch, 'Important: members asked to voice their concerns to senators about proposed changes to the fair work act as a matter of urgency', UFUVIC Bulletin, 151(22), 27 August 2016.
26. Ibid. The federal body of the UFU also stated its opposition to the Bill in a detailed submission, UFU, Submission, no. 54, to the Senate Education and Employment Legislation Committee Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, 12 September 2016.
interest. Broadly speaking, rural fire services and volunteers are in favour of the Bill, while the Victorian Government, unions, some integrated CFA brigades27 and some other groups are opposed to it.28
In its submission the Victorian Government stated its opposition to the Bill, noting that the broad definitions in the proposed unlawful terms could result in practical ambiguities when applied to particular terms, and that the effect on existing agreements was in part retrospective.29 The Victorian Government also noted that the amendments appeared to be inappropriately targeting one agreement and one state, as the amendments:
… may not apply to fire-fighting bodies or emergency services in other States as, to the extent these bodies are not constitutional ("or trading") corporations, these bodies are not covered by the Fair Work laws. This is because, unlike Victoria, other States have not referred their industrial relations powers over their public sectors to the Commonwealth. Consequently, Victoria is the only State in which public sector bodies that are not constitutional ("trading") corporations are covered by the Fair Work laws.
Victoria further submitted that 'this Bill amounts to an unnecessary and undue interference by the Commonwealth in a State matter.'31
The Police Federation of Australia was concerned that the provisions of the Bill that would permit a body to be prescribed by regulation as a recognised emergency management body32 could permit the coverage of the new unlawful terms to be extended to police agencies in future.33
The NSW Rural Fire Service Association (RFSA) submitted that they and the Council of Australian Volunteer Fire Associations (CAVFA) 'both strongly support the (Bill)'. Noting, '(t)hese amendments are vital in ensuring that the unique volunteer culture in our emergency services, and that the credibility and respect that has developed over decades, is not detrimentally affected.'34
The Bendigo Fire Brigade, an integrated volunteer and career firefighter brigade of the CFA, submitted that they supported the currently proposed agreement, opposed the proposal for volunteers to be encouraged to intervene in 'employment matters', and:
… the VFBV has made commentary that they oppose the clause in the proposed UFU/CFA Agreement relating to dispatching seven firefighters to the fire ground. Volunteers at Bendigo Fire Brigade do not agree with the VFBV in relation to this issue and see the importance of this provision for both firefighters safety and better service delivery and protecting the community.
The Bendigo Fire Brigade submission goes on to state:
The proposed Legislation before the Committee is designed to deal with alleged concerns arising from the proposed CFA UFU Enterprise Agreement 2016. These concerns however are based on misleading and incorrect information regarding the proposed EBA. 36
27. See for example; Melton Fire Brigade, Submission, no. 50, to Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, September 2016. 28. See for example; Police Federation of Australia, Submission, no. 6, to the Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, 12 September 2016; Ambulance Employees Australia
Victoria, Submission, no. 13, to Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, 2016, and the Australian Nursing and Midwifery Federation (Victorian Branch), Submission, no. 14, to Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, 9 September 2016. 29. Victorian Government, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, op. cit., pp. 4-5. 30. Ibid., p. 4. 31. Ibid., p. 7. 32. Proposed subparagraph 195A(4)(ii). 33. Police Federation of Australia, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, op. cit., pp. 1-2. 34. NSW Rural Fire Service Association, Submission, no. 22, to the Senate Education and Employment Legislation Committee, Inquiry into the Fair
Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, 12 September 2016. 35. Bendigo Fire Brigade, Submission, no. 307, to the Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, September 2016, p. 2. 36. Ibid., p. 4.
Financial implications There are no financial implications linked to the amendments proposed in this Bill.37
Statement of compatibility with Human Rights As required under Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the Bill's compatibility with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of that Act. The Government considers that the Bill is compatible.38
Parliamentary Joint Committee on Human Rights At the time of writing, the Parliamentary Joint Committee on Human Rights had not commented on the Bill.39
Key issues and provisions Objectionable emergency management terms The proposed amendments in the Bill would add an 'objectionable emergency management term' to the list of unlawful terms in section 194, and provide definitions for this term and the bodies to which it would apply.
Currently the FWA creates two forms of what may be colloquially referred to as 'objectionable' terms:
• unlawful terms and
• non-permitted terms.
Subsection 186(4) of the FWA requires the FWC not to approve an EA that contains an unlawful term. Section 194 provides a list of terms that are unlawful, including terms that are 'discriminatory' or 'objectionable'.40 Further, even if an EA were approved with an unlawful term, the term will not be enforceable and employees would not be able to take protected industrial action in support of such terms.41
Item 3 inserts proposed paragraph 194(baa) to add an 'objectionable emergency management term' to the list of unlawful terms.
Proposed subsection 195A(1) of the draft Bill introduces a definition of 'objectionable emergency management term' to make agreement terms unlawful if they had the effect of restricting a designated emergency management body's ability to engage, deploy, support or equip volunteers, or manage operations or relationships in relation to the volunteers.
Proposed subsection 195A(4) provides a definition of 'designated emergency management body' as a body, established under a Commonwealth, state or territory law, that 'is, or is a part of, a fire-fighting body or a State Emergency Service of a State or Territory',42 or a recognised emergency management body that is prescribed by regulations.43
Proposed subsection 195A(5) allows bodies to be excluded from the definition of 'designated emergency management body' by regulation.
Continued control by States over their volunteers While the proposed amendments would have the effect of preventing the approval or enforcement of an EA term that restricted a body's ability to deal with its volunteers in the manner described, it is worth noting that nothing in this Bill would interfere with any state's ability to deal with its volunteer workforces in any other way.
37. Explanatory Memorandum, Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, p. iii. 38. The Statement of Compatibility with Human Rights can be found at pages iv-viii of the Explanatory Memorandum to the Bill. 39. However, some Human Rights concerns were raised in relation to the earlier version of the proposed agreement itself. The Victorian Equal Opportunity and Human Rights Commission reportedly ruled that the originally proposed EA was discriminatory 'towards women, parents,
carers and people with disabilities' hence and may breach the Equal Opportunity Act 1995 (Vic), resulting in it not being human-rights compliant. See: Australian Broadcasting Commission (ABC), 'CFA rejects proposed EBA as Premier Andrews returns for crisis meetings', ABC News, (online edition), 6 June 2016; J Gordon, 'Human rights watchdog rules against firefighters' union industrial deal', The Age, (online edition), 5 June 2016. 40. Fair Work Act 2009, paragraph 194(a), section 195. 41. Fair Work Act 2009, section 253 and subsection 409(3). 42. Proposed subparagraph 195A(4)(i). 43. Proposed subparagraph 195A(4)(ii).
Other means by which states may exercise control over volunteers could include direct legislative control, issuing directions or through directed funding.
Constitutional issues In his second reading speech, the Prime Minister stated that the Government had legal advice confirming the constitutional validity of the amendments.44
At present, the Commonwealth is accepted to have the power to legislate private sector industrial relations (IR) laws that apply to constitutional corporations within a state as well as to all disputes extending beyond a single state, or where powers have been referred by a state.
The extent of Commonwealth power to legislate employment law for the public sector within states is less settled, both due to the implied constitutional limitation on the Commonwealth's power to interfere with a state's ability to function as a government, and the absence of a clear head of power. Commonwealth power may depend upon whether a given agency is determined by the court to be a constitutional corporation or it may rely on the referral of powers from the state in question.
In UFU v CFA 2015 the Full Federal Court reaffirmed the earlier finding of the Court that the CFA is a constitutional corporation, providing a head of power for the application of the FWA to that body. 45
Victorian legislation refers certain public sector IR responsibilities and powers to the Commonwealth.46 However, following the decision on the corporate nature of the CFA it has not been necessary to consider the referral of powers and any relevant exceptions to it in the current situation.
As noted above, the application of Commonwealth IR laws to state government issues may be limited by the implied constitutional limitation on Commonwealth interference with state governments. This limitation is sometimes referred to as the Melbourne Corporation principle following the case in which it was first laid out.47
The application of this principle has been explored further in subsequent cases:
• in AEU, the High Court reaffirmed that there is an implied constitutional limitation on the Commonwealth's power to interfere with a state's ability to function as a government, and that this extends to awards prescribing the number, identity and terms of appointment of state government employees, but does not limit the making of an award of minimum wages or working conditions48
• in UFU v CFA 2015 the Full Federal Court introduced an exception to the implied constitutional limitation from the AEU case such that it does not limit terms in voluntary agreements, as they are not considered to involve any Commonwealth imposition on the states.49
Further, in UFU v CFA 201550 the Federal Court summarised the history of judicial consideration of the Melbourne Corporation principle, and cited a recent High Court framing of the principle as follows at [206]:
… it is relevant to note the following similar formulation of the implied limitation by Hayne, Bell and Keane JJ in 2013 in Fortescue at [130]:
Hence, as the decisions in Austin and Clarke each demonstrate, the Melbourne Corporation principle requires consideration of whether impugned legislation is directed at States, imposing some special disability or burden on the exercise of powers and fulfilment of functions of the States which curtails their capacity to function as governments.
Together, these authorities suggest that a determination of whether the proposed amendments would breach the implied limitation, would likely involve consideration of whether the practical effects of the amendments in
44. M Turnbull, 'Second reading speech: Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 ', House of Representatives, Debates, 31 August 2016, pp. 24-26. 45. UFU v CFA 2015, op. cit. 46. Fair Work (Commonwealth Powers) Act 2009 (Vic); Commonwealth Powers (Industrial Relations) Act 1996 (Vic). 47. Melbourne Corporation v Commonwealth (1947) 74 CLR 31, [1947] HCA 26. 48. AEU, op. cit. 49. UFU v CFA 2015, op. cit. 50. Ibid., [179]-[214].
a specific factual situation created a significant impairment on a government, and whether they related to staffing levels or simply working conditions, as defined in AEU.
Academics have questioned the constitutional validity of the Bill's proposed approach.51 Regarding the relevance of the Melbourne Corporation principle in particular, Professor Andrew Stewart commented:
The potential application of these constitutional limitations to the proposals in the Bill should be evident. It could be argued that by preventing a State government agency such as the CFA from making its own decisions as to how to deploy a mix of professional firefighters and volunteers, or who it consults with before making those decisions, or (more broadly) what role to accord to volunteer firefighters, the Commonwealth would be unduly interfering with the agency's power to determine the composition of its workforce.
I do not go so far as to suggest that the Bill is necessarily unconstitutional. The principles concerned are necessarily imprecise and flexible in their application, being based on implications in the Constitution that, over the years, the High Court has chosen to formulate and apply in different ways. Australian Education Union was decided over 20 years ago by a differently constituted court, and did not deal with the role of volunteers. It is entirely possible that a challenge to the constitutionality of the Bill's provisions would fail. But it is just as possible that it would succeed.
52 (emphasis added).
The issues raised in the submission by the Victorian Government to the Senate Committee, as discussed in the Stakeholder section above, suggest that they have also considered the Melbourne Corporation principle.53
Right to make submissions Proposed sections 254A and 281AA would provide volunteer representative organisations with the ability to make a submission in relation to a matter before the FWC where the matter affects, or could affect, the volunteers of a designated emergency management body. The proposed sections provide this ability in relation to enterprise agreements and workplace determinations respectively.
Currently standing to make submissions to the FWC for consideration related to Part 2-4 (which deals with EAs) and Part 2-5 (which deals with determinations) of the FWA is not automatic. Further, generally where the FWC grants permission to parties to provide submissions, it is generally, as a matter of practice, restricted to employers who would be covered by the relevant EA or determination or properly selected bargaining representatives (for example, a relevant trade union engaged in bargaining for the EA). In short, despite section 590 of the FWA, which enables the FWC to inform itself about any matters by inviting oral or written submissions from any parties or persons it selects, currently no parties have an automatic right to make submissions to the FWC in regards to any matters dealt with by Parts 2-4 and 2-5 of the FWA. Regarding these provisions, Professor Andrew Stewart commented:
What is extraordinary about this proposal is that it would confer on the relevant bodies a right that is not guaranteed to any other party, with the sole exception of the Minister for Employment (and even that right is limited to matters involving public sector employment). Under the FW Act as it stands it is entirely a matter for the FWC to determine, in accordance with its Rules, whether it hears or accepts submissions from a particular party in relation to the approval of an enterprise agreement. In practice, it will allow the likes of unions, employer associations and individual employees to intervene, if they have a genuine interest in the proceedings. But nobody (with the partial exception of the Minister) is automatically entitled to be heard.
Hence if included in the FW Act, these proposed provisions would give volunteer bodies superior rights to employees, unions, governments - and, it may be noted, volunteers themselves. 54 (Footnotes omitted, emphasis
added).
As a result, the Bill would give an automatic right to volunteer representative organisations to make submissions to the FWC regarding a wide range of matters related to EAs and determinations including:
51. R Urban, 'Experts query Turnbull's CFA 'solution' priority', The Australian, 12 July 2016, p. 7. 52. A Stewart, Submission, no. 17, to the Senate Education and Employment Legislation Committee, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, September 2016, p.4. 53. Victorian Government, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, op. cit. 54. Stewart, Inquiry into the Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, op. cit., p. 5.
• when applications are made to approve, vary or terminate an EA55 and
• applications for bargaining orders and serious breach declarations, majority support determination and scope orders and for the FWC for it to deal with a dispute,56
in circumstances where no other entities currently have such automatic standing.
Is the Bill retrospective? The Bill is not legally retrospective, as noted in the Explanatory Memorandum,57 but it does alter the future operation of previously agreed agreements.
Application of the Bill's provisions to existing agreements and determinations Item 9 of the Bill inserts application provisions into Schedule 1 of the FWA in the form of proposed Part 3 (and in particular proposed clause 14) to provide that the amendments will apply after commencement in relation to enterprise agreements approved, and workplace determinations made, before or after commencement, as well as to matters that are before the FWC after commencement whether they began before or after commencement.
Nothing in proposed clause 14 would alter the legal status of the signing of a pre-commencement agreement or of anything that had previously occurred under a newly-objectionable term of such an agreement. In particular:
• nothing that had previously occurred under an agreement containing a newly-objectionable term of such an agreement is rendered invalid or made unlawful and
• the approval of agreements with the newly-objectionable terms (proposed section 195A and existing subsection 186(4) of the FWA) and enforcement of such terms or conduct purported to occur under such a term, is only prohibited (and unenforceable) after the commencement date.
In addition, proposed subclause 14(3) specifically ensures that agreements approved before commencement will continue to have legal force despite including newly-objectionable terms. In short, proposed subclause 14(3) ensures:
• enterprise agreements with objectionable terms are not rendered invalid and
• other non-objectionable terms in the enterprise agreement continue to operate to the extent that they are in accord with the amended Act.
As such, the provision is not retrospective but, in so far as the Bill seeks to (in effect) amend previous agreements by providing that any newly-objectionable terms are no longer enforceable, it could alter how those agreements will operate in the future.
Concluding comments The broad definition provided by this Bill for objectionable emergency management terms, relating as it does to the interaction of such terms with a body's dealings with its volunteers, means that it will be difficult to predict whether potential terms would be considered to be objectionable or not. It is likely that in many cases such a determination would require the consideration of the practical effects of the terms, rather than textual analysis of the terms themselves.
The ability for further emergency management bodies to be prescribed by regulation also adds uncertainty to the scope of application of the amendments.
The entitlement for volunteer bodies to make submissions to the FWC is unusual in that it would be a right that is not provided to any other participants in agreements or disputes. Further, that right extends to all stages of the processes related to making an EA or determination, including determining the scope of a proposed agreement, obtaining good faith bargaining orders, approving an EA, varying an EA or terminating it in circumstances where (for example) even the parties to a negotiation about a proposed EA would not automatically have standing to make submission on the matters being determined by the FWC.
55. Fair Work Act 2009, sections 183, 210, 217-218, 222 and 225. 56. Ibid, sections 229, 234, 236, 238 and 240. 57. Explanatory Memorandum, Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016, op. cit., p. 6.
Warning: All viewers of this digest are advised to visit the disclaimer appearing at the end of this document. The disclaimer sets out the status and purpose of the digest. Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016 10
The operation of the Bill is not retrospective, but it will affect the operation of applicable existing agreements or ongoing matters before the FWC.
Finally, as noted previously whilst the amendments will fetter the ability of a state to exercise its managerial prerogative over emergency service volunteers via an EA or determination made under the FWA, it will not prevent any state exercising its managerial prerogative via other mechanisms. As such, states will continue to be able to deal with the issues encompassed by the CFA dispute via other mechanisms.
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text:
package eu.sensap.dataRouting.model;

public class SourceConfig extends EndPointConfig {

}

redpajama_set_name: RedPajamaGithub


Located on a densely vegetated site in Lake Austin, the Pedestrian Bridge connects the main house on the property with a guest house. With a design inspired by the reeds and other native vegetation that cover the shores of the lake, the bridge is a light and maintenance-free structure that is well-integrated within its wetland setting. The bars/reeds intertwine at the abutments and "grow" over the bridge, camouflaging it and transforming the bridge into a symbiotic, almost invisible link.
The arch structure spans 100 feet with a main span of 80 feet. It is composed of five nested five-inch diameter pipes that diverge gracefully between the spring-point of the main span and the abutment at the beginning of the bridge. The pipes support ½" diameter bars that act as both decking and guardrail via a simple field bend from horizontal to vertical. The irregular length and close spacing of the bars recall the native reeds of the site, and the thin profile of the superstructure is made thinner when viewed through the visual veil of the reeds.
The handrail consists of a rope secured with steel wire rings to a horizontal tube welded to the vertical bars. Native stone slabs are layered vertically to create the ramps at the abutments. Deep raked joints recreate the rhythm of the steel bars of the deck and railings. To further integrate the bridge with its natural setting, the steel is left unfinished to weather, just like the rope handrail and the stone ramps.


text:
Jeffers waits on judge
Cayman News | 02/02/2012
(CNS): The future of 28-year-old Raziel Jeffers is now in the hands of Justice Charles Quin after the trial for the murder of Marcus Ebanks drew to a close yesterday. The defence team presented their closing argument to the court on Wednesday morning, stating that the crown's key witnesses in the case were discredited, leaving the judge with "a number of troubling questions" that could only be resolved in favour of the defendant. As he summed up the position of his client, who denies being at the scene of the shooting in Bonaventure Lane in July 2010, Peter Champagnie said the evidence presented by the crown raised serious doubt which should lead the court to find Jeffers not guilty on all counts.
During his closing speech, however, Andrew Radcliffe, QC for the crown, said that Jeffers had the means, motive and opportunity to "carry out the cowardly and incompetent act" and was one of the two masked gunmen that opened fire indiscriminately on the young men congregated in the yard on the fateful night.
He said that the evidence of Adryan Powell, the teenager who was injured in the shooting and now confined to a wheelchair, alone was enough to convict the West Bay man but he said that was bolstered by the evidence of Megan Martinez, Jeffers' girlfriend who had revealed a damning confession made to her by the defendant.
Radcliffe claimed that in turn her evidence was bolstered by the telephone records that tracked Jeffers on the night in question, and standing alone was the gunshot residue (GSR) found on cigarette papers in the suspect's pocket at the time of his arrest early the next morning.
The crown also put forward evidence of a motive relating to a personal feud between Jose Sanchez, who it claims was Jeffers' intended target that night but who had escaped unscathed. In addition, it pointed to evidence of the factional animosity between the two men who were on opposing sides of the so-called war between the Birth Tree Hilland Logwoods gangs.
Radcliffe emphasised that Powell's certain identification of Jeffers when the mask slipped from his face after he had opened fire in the yard was much more than fleeting. He said the lighting wassufficient, it lasted some four seconds. Powell knew and recognized the defendant and, as was the evidence of even the defence witnesses, the teenager was awake and alert, despite receiving multiple gunshot wounds. Above all, the lawyer said, there was no reason at all for him to lie leaving the real culprit at large.
Radliffe said that the delay in Powell's identification of Jeffers by only a week was understandable given the circumstances: the teenager was heavily medicated during the first statements and, more importantly, he was afraid. When he discovered his own fate as a result of the traumatic event and that his friend Marcus was dead, it was understandable that in his own words he "didn't care anymore" and came forward.
The QC emphasised the evidence of Martinez, who, while he admitted was a truculent witness that had originally lied to the police, had endured a violent relationship with the defendant. He said she was dependent on him and his family as a young teenage mother. Radcliffe said it was not until she felt that Jeffers was no longer a threat to her that she could come forward. He said there was no evidence to show that Martinez had falsely advanced the confession and that she "would have to have a powerful motive for lying", adding that her account was also supported by the telephone evidence.
Speaking for Jeffers, however, Champagnie entirely disagreed stating that Martinez' motive for lying was malice.
When she went to the police, Jeffers had evicted her from the apartment they had shared and taken up with another woman. He said that "hell hath no fury like a woman scorned" as he pointed to the inconsistencies and lies she had told in statements and in court. He also noted that when he had put suggestions to her that she was lying about the confession, she had agreed,despite the claims by the crown that it was the way the questions were asked that had led to confusion.
Champagnie said that Martinez was also an erratic and irrational witness, demonstrated by her behaviour in the court, and was thoroughly discredited.
The visiting Jamaican defence attorney dismissed the GSR evidence as a result of the high risk of transfer contamination. He said the phone records proved nothing as they couldn't pinpoint his client to any location, even if the crown had been able to demonstrate that the phone was in his client's possession for the time in question.
He also dismissed the motive as he said even Sanchez had denied any animosity between himself and the defendant.
Focusing on the evidence given by Powell, the crown's key witness, he also claimed this was both poor and discredited. The lawyer said the teenager had lied about when he met Jeffers. He also stated that the circumstances surrounding when Powell had supposedly seen the gunman without a mask were challenging, presenting him with nothing more than a fleeting glance. Above all, his decision to wait a week to point the finger at the defendant raised serious doubt about its veracity.
Champagnie pointed to evidence that the boys were all drinking Hennessey, Heineken and smoking ganja just before the shooting, which would have impaired the teenager's ability to identify his assailants as he lay wounded on the ground, shot multiple times including once in the face.
Given the discredited witnesses, the defence attorney said there must be serious doubt about his client's guilt that would lead to a not guilty verdict.
Justice Quin said that with more than 50 prosecution and four defence witnesses, there was a considerable amount of evidence for him to consider and he would need some time but would deliver his verdict as soon as possible.
Jeffers is facing a mandatory life sentence for the murder of Ebanks should he be convicted. He is also charged with four counts of attempted murder and possession of an unlicensed firearm, convictions for which would automatically follow if the judge finds him guilty of murder given the circumstances of the shooting. If Jeffers is acquitted, however, it is unclear if he will be immediately released from custody as there are two other murder charges pending against him which are likely to be dropped in the face of a not guilty verdict in this case.
Although there were two masked gunmen who perpetrated the shooting on the 8 July 2010, Jeffers was the only suspect ever charged in the case.
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1. Head to Kate Spade on Oak Street tomorrow from 6-8 for a night of shopping.
3. Join Coach and Harpers Bazaar for a book signing with Glenda Bailey on Saturday.
Ahh! This really making me miss Chicago!
looking forward to all kinds of fun when I return!


text:
A campaign image for John Cox, Republican recall candidate for California governor
(John Cox Facebook page)
A day in the California recall: A 1,000-pound bear and a Hollywood-worthy campaign video
By Phil Willon, John Myers
One Republican opponent posed for photos with a bear and another sought to leverage her celebrity status on national television. These events woke up what has so far been a quiet march toward a historic election to recall Gov. Gavin Newsom.
The campaign to oust Gov. Gavin Newsom from office in a recall election saw a pair of competing spectacles Tuesday, as one Republican opponent posed for photos with a burly Kodiak bear and another sought to leverage her celebrity status on national television.
The events woke up what has so far been a quiet march toward a historic recall election. Last week, elections officials reported that backers of the effort had collected enough voter signatures to trigger a special election, giving voters the chance to remove the governor and select someone to fill the remaining year on his current term.
GOP hopeful John Cox, whom Newsom handily beat in the 2018 governor's race, kicked off his "Meet the Beast" campaign tour in Sacramento on Tuesday with a trained, 1,000-pound Kodiak bear named Tag. The bear, Cox said, was emblematic of California's need for a leader who is more aggressive on pressing issues than "pretty boy" Newsom, as he called the governor.
"He wants to be lieutenant governor," @BeastJohnCox says. "Put away your salmon and honey." pic.twitter.com/yhj8U0jS16
— Emily Hoeven💫 (@emily_hoeven) May 4, 2021
Hours earlier, reality television star and Olympic gold medal winner Caitlyn Jenner released a Hollywood-worthy campaign video describing herself as a "compassionate disrupter" and the only political outsider capable of ending "Gavin Newsom's disastrous time as governor."
For his part, Newsom conspicuously avoided responding to either challenger during an event at which the union representing California firefighters promised to join the fight to keep him in his job in an election later this year.
He returned to a familiar theme in his remarks after receiving the endorsement of the California Professional Firefighters — namely, that the backers of the recall election launched their effort because of his stance on issues such as immigration and taxes, and not his handling of the COVID-19 pandemic.
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"Read the petition. It doesn't even reference the pandemic," Newsom said. "It's about the values of this state. And that's what's really on the ballot."
Even so, the governor acknowledged that not all of the roughly 1.6 million voters who signed the recall petition were far-right activists. Supporters of the recall have said that Democrats, too, joined their effort.
"I understand why people would sign something and the stress and fear, the anxiety we all faced in the last year," Newsom said. "So, my job is to earn that trust back."
The political chest-thumping comes just over a week after Secretary of State Shirley Weber announced that recall proponents had gathered enough signatures to force a special election by year's end and offers the first indication of the possible theatrics ahead.
It's too soon to tell whether this recall attempt will rival the spectacle Californians saw in 2003, when Democratic Gov. Gray Davis was ousted from office. That year, more than 130 candidates hoping to replace Davis crammed the ballot, including Hustler magazine founder Larry Flynt, "Diff'rent Strokes" star Gary Coleman and Hollywood action star Arnold Schwarzenegger, who was ultimately elected governor.
But if the events on Tuesday are any indication, this recall campaign could be headed that way.
With the massive Kodiak bear wandering around behind him, munching on chicken and cookies thrown by a trainer, Cox criticized Newsom as an elitist, accused him of being coddled by members of the wealthy Getty family and claimed he was beholden to Sacramento's special interests.
Ending the year with record high home prices: A deeper dive into the data
Presented by Brezsny Associates
While the holidays are usually a slow time for home buying and selling, this quick review of November real estate sales...
"Gavin Newsom, our pretty boy, has so angered and divided the people of this state that over 2 million literally put their name on the line to recall him," Cox told reporters, then looked at the bear.
"That's why our friend is here today," he said. "We're gonna need big, beastly changes to be made in this state. We're going to have to be tough as a beast to go against the special interest groups that have really run California for so long."
Cox, a Rancho Santa Fe businessman who made his fortune in Midwest real estate investments, said he's donated $10 million of his own money to his campaign.
He carried his campaign theme to a new level in his new, multimillion-dollar "Beauty or the Beast" ad campaign that he launched this week, in which he casts himself as the "nicest, smartest beast in California" and Newsom as the "beauty" — and it stars his favorite Kodiak, Tag.
The ad is reminiscent of Republican Carly Fiorina's "demon sheep" ad produced for her campaign against then-Sen. Barbara Boxer in 2010. The video featured a field of grazing sheep, which were supposed to represent fiscal conservatives, and a man in a sheep suit with blazing red eyes who was supposed to represent her GOP rival, Tom Campbell.
Political ad man Fred Davis, who was behind the demon sheep ad, now works for Cox.
Tag, the 9-year-old bear who was born at a private zoo in Ohio, lives on a 60-acre ranch near Frazier Park and is not a stranger to the bright lights and cameras. He starred in the Paramount Network television series "Yellowstone" starring Kevin Costner, a Rocket Mortgage Super Bowl ad and the Apple TV series "See" with actor Jason Momoa, according to his trainer Keith Bauer.
Tag can eat up to 60 pounds a day, loves Walmart rotisserie chickens and "has the personality of a golden retriever," Bauer said before Cox's news conference Tuesday.
People for the Ethical Treatment of Animals on Tuesday criticized the Cox campaign for using the bear, saying it was exploitative and dangerous. Cox, however, said his campaign made sure the bear was well-cared for before hiring the animal.
The campaign videos by Cox and Jenner blamed Newsom's policies for hurting California during his nearly 2½ years in office, with homelessness and housing prices on the rise and towns leveled by wildfires.
UCSC's year in review: giving voice to the challenges of our time
Presented by UC Santa Cruz
With purpose-driven and persistent effort, UCSC sought to advance justice, push the envelope of knowledge, and advocate...
Both seized on Newsom's misstep in November when he dined at the French Laundry restaurant in Napa Valley to celebrate the birthday of friend and lobbyist Jason Kinney at a time when he urged Californians to avoid gatherings outside of immediate family.
"We've got businesses closed, we've got kids who are still staring at a screen including my own 16-year-old. We're looking at another year of fires, shortages of energy, electricity and water. Homelessness is worse, taxes are skyrocketing, along with the cost of living," Cox said. "And then our beautiful governor decides to go to the French Laundry restaurant and have dinner with lobbyists."
Newsom has repeatedly said that attending the dinner was a mistake.
The governor has also urged Californians to look at his overall record. California now has the lowest COVID-19 transmission rate in the nation and has provided more vaccinations to residents than any other state. Newsom expects to totally open up the state's economy by mid-June and to have children back in school by the start of the next academic year.
It's unclear which candidates Newsom will face when the recall election is held later this year. Candidates cannot formally file to run until the results of the petition signature gathering effort are certified by the secretary of state.
Voters who signed the recall petitions now have the option of asking elections officials to remove their names through early June, a process some Democrats are trying to promote. Newsom stopped short Tuesday of endorsing that effort, though he said he wouldn't discourage voters from taking a second look at their support.
"But we're operating as if this is on the ballot," the governor said. "And I anticipate it will be on the ballot."
Times staff writer Maria L. La Ganga contributed to this report.
Politics Civic Life
Phil Willon


text:
Alexandre Haldemann (Meyrin, 8 maart 1995) is een Zwitsers voormalig zwemmer.

Carrière
Haldemann startte met competitief zwemmen in 2004, en maakte in 2010 zijn internationale debuut. In 2013 deed hij voor het eerst mee aan de Europese kampioenschappen waar hij niet voorbij de series geraakte. Hij nam in 2014 deel aan het WK korte baan en EK lange baan maar wist zich geen enkele keer te kwalificeren voor een finale.

In 2015 nam hij deel aan de Universiade in Gwangju waar hij 8e werd in de finale van de 200m vrije slag. In 2016 nam hij namens Zwitserland deel aan de Olympische Spelen waar hij 38e werd in de 200m vrije slag. Na enkele kleinere meetings in 2017 besloot hij te stoppen op internationaal niveau om zich toe te leggen op een carrière als filmmaker. Hij studeerde aan het HEAD (Haute école d'art et de design) in Genève.

Internationale toernooien

Externe link

Zwitsers zwemmer
Zwitsers olympisch deelnemer
Zwitsers regisseur

redpajama_set_name: RedPajamaWikipedia