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2011 Tax Day Rally Press Release
Contact: Colleen Owens – 804-335-5966
About 1,100 concerned Richmond-area Tea Party supporters attended the Richmond Tea Party's third annual Tax Day rally tonight in downtown Richmond at Kanawha Plaza. The theme for this year's rally was "Stop the In$anity!!"
The warm April evening saw opening ceremonies that included Boy Scouts from Troop 1087 presenting the colors and a spectacular performance by Jewell Booker, who sang the national anthem. In his opening remarks, emcee Doc Thompson of WRVA 1140-AM recalled the first Tax Day rally in Richmond two years ago, when hordes of frustrated Virginians showed up in a cold rain to express their frustration with a government that was spinning out of control. Doc said he counts that rally as one of the best experiences in his life and that he was thrilled and proud to again be a part of the annual event.
Speakers from the Richmond Tea Party discussed the organization's efforts to effect change in this year's General Assembly, as well as the Richmond Tea Party's intense community outreach activities, and the impact that continued federal overspending is having on the U.S. and Virginia economies. Sonnie Johnson of the Fredrick Douglas Foundation gave a heartfelt speech about teaching her daughter the values and history of what makes our country great.
Former President of the Richmond Tea Party Jamie Radtke spoke about the lack of serious leadership in Washington, D.C. on the issue of debt and deficit reduction. To cheers from the crowd, Radtke called out the current Republican leadership who had promised $100 billion in cuts before November's elections, but who then dropped that amount down to $61 billion and then $38 billion and now, according to the CBO, had actually delivered cuts of only $353 million dollars. "We don't need politicians that don't have the backbone to make the hard decisions," Radtke told the cheering crowd.
The keynote speaker for the evening was Virginia Attorney General Ken Cuccinelli. Attorney General Cuccinelli spoke about the status of Virginia's lawsuit challenging the individual mandate in the Obamacare Healthcare law. Saying that he avoids making predictions, the Attorney General did note that President Obama clearly stated before the law was passed that the mandate was not a tax; but now in court, the federal government is claiming that it is definitely a tax. The Attorney General noted that this contradiction should not strike confidence in the government case.
The rally finished with the current president of the Richmond Tea Party, Eric McGrane, who thanked everyone for attending and thanked all the volunteers for another successful Tax Day rally.
"I am excited to see so many people here tonight, along with the hundreds of others who are putting in so many hours every week on our nearly two-dozen Richmond Tea Party committees," McGrane said. "When you add up the hundreds of Richmond Tea Party volunteers who every day are working on legislation, reaching out to the communities of Richmond, organizing monthly meetings attended by hundreds of additional supporters, tracking the performance of our elected leaders and countless other activities, and then consider the thousand-plus people here tonight, it is clear that the Richmond Tea Party and the Tea Party movement is more focused, energized and determined than ever!"
By Eric M|2011-04-20T00:34:28-04:00April 20th, 2011|Press Releases, Tea Party|3 Comments
About the Author: Eric M
Eric uncomfortably admits that until about 10 years ago, he was a political "free rider", always thinking that others would do the heavy lifting to keep America on course. After watching both democrats and republicans steer us FAR in the wrong direction, Eric knew he had to get involved. Now working with Richmond Tea Party to advance conservative principles, Eric serves on the Board of Directors and as a resource for "all things technology".
Chester Patriots Meeting Monday November 19th
Senate candidate Delegate Nick Freitas joins Henrico Tea Party meeting
Richmond Tea Party Victorious in Lawsuit Against IRS!
The Tea Party Goes Back to Washington
RTP Meeting – 'Leftists on the March' Across Virginia
City of Richmond Responds to Our Refund Request
Update: City of Richmond Audit of RTP
Democrats to Shove Health Care Down Your Throat this Week
Join us Thursday for a US Senate candidate digital debate!
Update on 2020 Second Amendment Bills
You won't believe the bills passing in Virginia
Eric McGrane says:
Yeah, it was almost shocking to see how brazenly inappropriate the questions…
Susan Lascolette says:
We received the original request from the IRS the day before the…
Freddy Boisseau says:
On another topic that should be of concern. If you had noticed…
Richmond Tea Party, Inc. is a non-partisan, grassroots community established to advance and strengthen the Founding principle that life, liberty and the pursuit of happiness are God-given rights guaranteed to every individual by the Constitutions of the United States and the Commonwealth of Virginia. We believe that government derives its power from the people and is established solely to protect these rights. The core principles of limited government, fiscal restraint, personal responsibility, and governing with virtue and accountability are all necessary to ensure the preservation of our freedom. We believe that local governments, communities, and individuals are best suited to serve and represent the needs of the people. Most importantly, we believe that citizen participation in the political process is a fundamental necessity for good government.
Copyright 2009 Richmond Tea Party | All Rights Reserved |


There is absolutely nothing to do at this spectacular home but move in! The gorgeous gourmet kitchen with beautiful cabinetry, granite counter tops and stainless steel appliances features sliders ontoa large deck made for backyard entertaining. The oversized living room has ample room for friends to gather. The separate dining room has a large bay window that overlooks a serene wooded back yard. A family room with a fireplace, powder room and first floor laundry room round out the main floor. Upstairs you will find four large bedrooms and two full baths. A two car attached garage on the main level makes loading and unloading packages a breeze. And a large, unfinished basement means lots of room for storage. Owners have attended to every detail! You are going to LOVE this home! Call today! Must See!


The pride of Waverley, Glory Days, has arrived in Sydney ahead of her tilt Saturday's A$2 million Gr.1 Sydney Cup (3200m) at Randwick.
The lightly-framed stayer touched down on Tuesday evening and has pleased her trainer Bill Thurlow.
The last-start Gr.1 Auckland Cup (3200m) winner is based at Richard Litt's Warwick Farm stable and it was just be a case of maintenance work until raceday.
"She has travelled over really well," Thurlow said. "We're very happy with her and she has eaten up and been drinking well, which is good to see.
"It is a nice spot here, it is very quiet, and Richard has been really accommodating."
Glory Days has done the majority of work at home, aside from a searching gallop between races at Wanganui last week.
"She came through that gallop well," Thurlow said. "She was a bit keen, but being raceday and plenty going on, she might have thought she was there for business and she can pull a bit.
"We think we had her nearly ready to go before we left home and coming over so late, that was always the plan that she would need to be ready before she got on the plane."
Allocated 52kgs, Glory Days will be ridden by ace lightweight jockey Corey Brown, who last week partnered Angel Of Truth to an on-pace success in the Gr.1 Australian Derby (2400m).
Brown will likely find himself towards the rear of the field on Glory Days, with the six-year-old mare drawn wide in barrier 19.
"It's probably not a bad thing (the draw) because we were probably always going to go back," Thurlow said.
"I won't be telling Corey too much because he is a very good two-mile rider, but from that draw I dare say we would be back.
"It's really hard to line all the form up. There is a lot of talk around the Godolphin horse, Dubhe, and really the rest of them, we don't know whether we are up to that form.
"But we are really happy with our horse and if she runs up to expectations, she will run a very good race."


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Q: How can I append an integer to the link name? i have defined the following JavaScript:-

but the output of the above javascript incase all the variables are not null will be:-
"View Page" + i
"View Page" i
"View Page" + i

so how i can force the output to be
External Intigration Images
View Page 1
View Page 2
View Page 3

A: Use
html += '
View Page '+i+'
';

A: You need to format your strings as follows:
html += '
"View Page" ' + i + '
'

This will take the value of i and append it into the string, not i itself.
As an additional bit of information, keep in mind that in JavaScript when a string is added to an integer, the integer is parsed as a string rather than the inverse. As is noted in the comment,
var answer = 1 + 1 + "1"
// answer = 21, not "111" and not 3

redpajama_set_name: RedPajamaStackExchange


hi my mate is rigging his new cheetah cat . he is thinking about 2 x 30hp tohatsu 4 strokes . are they good engines .. cheap to run, buy parts etc baring in mind this is for a commerical fishing boat in use every day.
they have a good reputation, where is your nearest dealer?
How about a single TLDI 50 HP 2 strokes long shaft Tohatsu instead of 2 30's ?
Its going on a cat so im guessing it will be a twin rig!
As I understand it, he would qualify for a 2-stroke as it's a commercial craft. He would have more torque from a single engine and look to fit a smaller auxilliary for safety. I suppose it all comes down to budget, and preferred boat set-up, etc.
There are quite a few of the Cheetahs in our local harbour - they are all fitted with Hondas.
The Cheetah is very beamy and designed for twins - the engines are far apart and so much more efficient than on a RIB where you have the engines almost touching each other.
This is one application where I would go for a 4 stroke. Weight and speed not really the concern.
Oh and Tohatsus are fine - actually Nissan under the badge!!!


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Former Chelsea striker eyes Premier League return
Updated: 7th August 2014, 1:30 pm
Former Chelsea forward Salomon Kalou
Former Chelsea forward Salomon Kalou is keen to leave Lille and return to the Premier League, according to sources in France.
The 29-year-old, who spent six successful years at Stamford Bridge before joining Lille in 2012, wants a fresh challenge after two seasons in Ligue 1.
He has consistently been linked with a return to England – both Arsenal and West Ham are long-term admirers of the Ivorian – and he is hoping one of the London clubs revives their interest in him.
West Ham are in need of a new forward after club-record signing Andy Carroll suffered a fresh injury setback last month.
French newspaper L'Equipe claim Lille are willing to sanction Kalou's departure due to his high salary.
Kalou, who arrived at Chelsea in 2006, picked up winner's medals in the Premier League, Champions League, FA Cup and League Cup during his time in west London.
Salomon Kalou

redpajama_set_name: RedPajamaCommonCrawl


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Ice artisan Aisling Petipas works in the throne room of the Ice Castle in North Woodstock.
John Koziol/Union Leader Correspondent
Moonlight illuminates sprinklers at work at the Ice Castles site in North Woodstock.
Ice Castles gives visitors chance to watch frozen attraction get even bigger this winter
By John Koziol Union Leader Correspondent
NORTH WOODSTOCK — Back for a bigger and even more beautiful seventh year, Ice Castles is offering visitors some new perspectives this year.
Unlike in the past, the 2020 ice castle will continue to grow throughout the season, which Jared Henningsen, who is the event manager, hopes will last well into March. And, in another first, visitors will be able to watch the ice artisans at work.
Henningsen said all the best of the 2019 ice castle is returning this season and will be augmented with a castle keep "that will grow into a larger tower to give guests a different sense of perspective." Also new in 2020 is an enchanted forest walk and horse-drawn sleigh rides.
Located at the end of Clark Farm Road, off Route 112 in the western White Mountains, the ice castle has become a winter-time institution that draws visitors from across New England and beyond.
Operated by Utah-based Ice Castles LLC, the first ice castle on the East Coast opened at Loon Mountain in 2013, but quickly outgrew that venue and moved to a larger space at the Hobo Railroad. Even there, though, the ice castle's popularity caused traffic backups onto Interstate 93 that prompted Ice Castles LLC to do something bold. Rather than use someone else's land to host the castle, the company purchased its own, a 70-acre parcel surrounded by woods and overlooked by mountains where the sky is literally the limit.
Despite a recent warm spell, the Granite State is a great place for an ice castle, said Ryan Davis, who is chief executive officer of Ice Castles LLC, because it tends to have "beautiful, cold winters that allow us to build and sustain a high-quality icy experience."
Now in five states, as well as in Alberta, Canada, the first Ice Castle event took shape in 2008 in ice sculptor Brent Christensen's backyard in Alpine, Utah. While making an ice cave for his family, Christensen discovered a way to "grow" icicles and from that, ice castles followed.
In Lincoln and North Woodstock, the ice castle "build manager" has been Tayler Christensen, who is Brent's nephew and since September has led a team of 20 people, some from as far as Alaska, California and Florida, in the planning and construction of the North Woodstock ice castle, said Henningsen, adding that a staff of 60, all locals, will serve as guides and greeters.
That large number of workers is necessary, he said, because "we hope to welcome in excess of 100,000 guests in a short period," Henningsen said.
"We're really thrilled to be back and we look forward to welcoming guest from all over," said Henningsen, who offered two pieces of advice to visitors: "Book early to avoid disappointment, and dress warmly because it is an ice castle."
Dates and hours are dependent on the weather. To space out the flow of visitors, ticket buyers can go to icecastles.com/new-hampshire and choose a day and an available time slot.
Cost ranges from $11.99 to $20 Mondays through Thursdays and $15.99 to $25 Fridays and Saturdays. It's free for children up to 3.
For more information, Icecastles.com/new-hampshire.


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Q: Can I "hide" a block of jade from the renderer? I'm trying to build a style guide in jade + prismjs + angular. It will have jade code examples. So I need some of my jade to "stay jade." For example:
//- source.jade
.description A component
pre.code-example
  code.language-jade
    .my-component
      .my-component-title Hello
      .my-component-body World

I want this to render to
//- rendered.html

A component

    .my-component
      .my-component-title Hello
      .my-component-body World

Is there a way to do tell jade to just leave the contents of code.language-jade alone?
I'll also consider completely different approaches. Jade as the 'outer' template language is non-negotiable, and it has to work in angular. I'm only using prismjs because my previous choice (highlighterjs) doesn't support jade.
Thx.

A: Just use dot, after tag or class for interpolation
.description A component
pre.code-example
  code.language-jade.
    .my-component
      .my-component-title Hello
      .my-component-body World

http://jade-lang.com/reference/plain-text/
Example


Bruno Mars Treasure Free Guitar Tab by Jeffrey Thomas. I have all the right chords and licks for this retro disco-pop tune by Bruno. Learn the complete song structure, intro, verses, chorus and breakdown with picking details so you get the funky technique right. This is such a fun song to play! All my guitar students who like funk are learning Treasure. Want the full guitar tab for free? Just send in your email address using the form provided and I'll send it to you. Looking for funk guitar lessons? Fill out the Schedule A Free Lesson form to set up a free Skype guitar lesson today.
"Treasure" is the 7th Top 10 hit for Bruno Mars! Check out more online guitar lessons on my tab, video and blog pages.


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Take That, iMac?: Build Your Own All-In-One PC
By Chris Angelini 2012-09-20T06:00:00Z
We've long envied the good looks of highly-integrated iMacs, even as we derided their lack of hardware flexibility and nasty price premiums. Well, now it's possible to build your own all-in-one using components of your choosing. Ready to save some money?
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Build Your Own All-In-One
I still remember starting college back in 1998. The dorms were packed with smug social science students who showed up with iMac G3s. Meanwhile, all of my engineering buddies were rocking PCs, most of which we had built.
The relationship between Macs and PCs is much different today. If you find yourself attracted to the iMac aesthetic, but would rather save enough money for your first quarter's books (and get your hands dirty with something new), follow along as we build an all-in-one system based on Intel's Thin Mini-ITX standard from the ground up.
We're starting with Loop's LP-2150 chassis, available on Amazon for somewhere between $250 and $300 (ours was $264.60). Not only does this enclosure house all of our hardware, but it also features a 21.5" screen with a maximum resolution of 1920x1080.
I/O: Some Advantages, Some Disadvantages
The Loop enclosure's integrated I/O isn't as diverse as Apple's. You don't get FireWire 800 or Thunderbolt support. Rather, it includes two USB 2.0 ports, audio I/O, and a MMC/SD card reader. However, because the motherboard we're using adheres to the Thin Mini-ITX standard, Loop is able to expose its back panel, facilitating extras like eSATA and USB 3.0. You don't get those connectors on an iMac. When it comes to supporting practical devices, the advantage goes to our PC, we think.
If you've built PCs in the past, piecing together an all-in-one won't be difficult at all. Really, the most foreign step is connecting the enclosure's display. Loop's chassis employs an LVDS connector, which consists of a thin cable covered in shielding material that has to be clipped onto a compatible motherboard's LVDS output.
Naturally, that means it's important to pick the right board—one designed with integration in mind, rather than external connectivity. Also, because we're dealing with a very space-constrained form factor, dimensions are critical.
We're using Intel's DH61AG, a Thin Mini-ITX platform with LVDS and Embedded DisplayPort (eDP) outputs. A Z-height of less than 20 mm ensures that the platform isn't too "tall" to fit within the vertical limitations of our enclosure. But by no means does Intel have the market cornered on Thin Mini-ITX motherboards. Check out the company's component catalog for a more complete list of boards from Gigabyte, ECS, Wibtek, and MiTac.
Picking A Compatible Processor
Less space for hardware means less space for cooling, too. The DH61AG supports Intel's Core i7, i5, and i3 CPUs with 65 W TDPs and lower.
Because this board centers on the H61 chipset, it was originally designed with Sandy Bridge-based CPUs in mind. We started with the Core i7-2600S that you see installed, but then updated the board's firmware to support Ivy Bridge-based chips. A Core i7-3770S initially seemed like it'd work out really well. However, random hangs at boot and failures to complete Windows Update compelled us to swap the newer chip out in favor of a Core i5-2400S, which worked flawlessly.
We'd probably stay away from third-gen Core processors until the DH61AG's BIOS is better-sorted. For now, we're happy with the Core i5, which allows us to make a pretty direct price comparison to Apple's base-level iMac.
A Special Heat Sink From Intel
Naturally, the boxed cooler that comes with Intel's Core i5-2400S won't fit in an all-in-one—it's too tall. So, we had to buy an Intel HTS1155LP standalone heat sink and fan combination, which extends cooling out horizontally, rather than putting a fan on top of an array of aluminum fins. The $21 expense is a small price to pay for what we're trying to do.
Active Cooling Dissipates 65 W
A fan bundled with the HTS1155LP mounts directly to the chassis, blowing through the heat pipes and densely-packed fins, yielding effective active cooling more akin to something you'd see on a laptop. It's able to handle up to 65 W processors.
Dual-Channel DDR3-1333
Next up: memory. We're using a pair of 4 GB DDR3-1333 modules from Crucial. However, for the purposes of pricing, we're comparing twin 2 GB modules instead, again, matching Apple's entry-level configuration.
Instead of using standard DDR3 memory slots, the DH61AG exposes twin SO-DIMM slots mounted horizontally. The overarching emphasis is still Z-height, and two 204-pin SO-DIMM connectors sitting on top of each other consume very little space at all.
Inexpensive 802.11b/g/Draft-N Wireless
The Intel WiFi Link 1000 half-length mini-PCI Express card is pretty much baseline for wireless networking. It still supports 802.11b/g/Draft-N connectivity on the 2.4 GHz spectrum, though. We were able to find it for about $12 bucks on Amazon.
Intel's DH61AG features one half-length mini-PCIe slot and one full-length interface, both of which we populate during the process of our build.
Installing The WiFi Link 1000
Installing Intel's WiFi Link 1000 is a simple matter of inserting the card at a 45-degree angle and pushing down, securing it by tightening bundled screws down into the two posts.
Although the WiFi Link 1000 has receptacles for two antennas, Loop's chassis only has a single antenna lead. For a $12 wireless adapter, that was completely fine. If you need greater network performance, there's always the motherboard's integrated gigabit Ethernet controller, too.
80 GB SSD, Right On Your Motherboard
An 80 GB SSD 310 gives us lots of on-board solid-state capacity. We're not factoring the mini-PCI Express card into our judgment against Apple's iMac, though, because the little card costs $175 on Newegg. That's more than $2/GB, and we know we can find significantly better deals on 2.5" SSDs, if we really want to go that route.
Nevertheless, for folks who want to combine solid-state and magnetic storage in the same space-constrained machine, the SSD 310 is a pretty cool option. Its performance specifications aren't particularly impressive, given its SATA 3Gb/s controller. However, the responsiveness of flash-based storage is nothing short of amazing compared to a conventional hard drive. You could add this little card to your all-in-one PC and still spend less than you would on an iMac with no SSD.
Installing Intel's SSD 310
It's just as easy to install the SSD 310. Pop it in at a 45-degree angle, push down, and fasten two included screws to the on-board posts. If you want to install Windows to the 80 GB repository, simply tell the DH61AG's firmware to boot from it before whatever other storage you deploy in the 2.5" drive bay.
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clownbaby 20 September 2012 11:26
Nice build. Are there any similar chassis with a touch screen?
no one tried to hackintosh this?
cangelini 20 September 2012 11:34
clownbabyNice build. Are there any similar chassis with a touch screen?
Not that I've seen, but I'm waiting for Intel to get back to me on this prior to the Win 8 launch.
baddassngno one tried to hackintosh this?And unleash the wrath of the Apple haters?
Don't the guys who want Apples just buy iMacs? :P
abhijitkalyane 20 September 2012 11:47
Nice build for a second surfing/media machine. If a similar mobo is available for AMD APUs, it could make a decent low-end gaming machine too. All in all, it is good to know that there are options to build an all in one DIY style. Kudos to Loop for the nice chassis.
CaedenV 20 September 2012 11:47
That looks great!
Throw in an i3 Ivy bridge, 4GB of ram, and a small SSD and you would have the ultimate office machine. With the onboard video output exposed you can even hook up a 2nd monitor to this and have what would appear to be 2 tethered monitors without a PC...
razor512 20 September 2012 11:57
the stock intel boards are generally easier to hackintosh since the board in an actual imac is more or less a stock intel board with a custom PCB layout to fit their cases and a special DRM chip added. other than that, they have a few minor firmware changes which gives the board a more MAC style ID.
nukemaster 20 September 2012 12:00
A review of the screen quality would also be nice. I am betting at the price its TN.
very nice to see Intel make that cooler to help anyone looking to go super low profile/all in one.
caedenvThat looks great!Throw in an i3 Ivy bridge, 4GB of ram, and a small SSD and you would have the ultimate office machine. With the onboard video output exposed you can even hook up a 2nd monitor to this and have what would appear to be 2 tethered monitors without a PC...Now if you could get a second loop monitor only. That would look very different at the office :)
Yargnit 20 September 2012 12:17
I'd be curious if you could under volt a standard 77w Ivy bridge CPU enough to fit within the cooling capabilities of this unit? (Once the BIOS issues are solved anyways) Without being able to fit a discrete GPU, getting HD4000 in there vs 2000/3000 would at least open up some low end casual gaming if you could. And from what I recall the IB CPU'S under volt fairly well at stock frequencies.
Now that 55 W i3s are available with HD Graphics 4000, you could go that route as well (like you said, once the firmware issues are rectified).


text:
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North Dakota's Food Freedom Law Restricted
In 2019, the state legislature declined to repeal its 2017 Food Freedom bill which expanded direct-to-consumer sales of home-baked goods and canned items. Despite this clear intention, a North Dakota legislative Administrative Rule Committee recently approved regulations proposed by the…
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The Farm and Ranch Freedom Alliance led a coalition that we were a part of in 2010, which convinced Congress to exempt small, direct-marketing farmers from the new rules under the Food Safety Modernization Act (FSMA). But now that the rules are being implemented by the states, the Texas…
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David A Jopling; Oxford University Press.
Oxford [etc.] : Oxford University Press, 2008.
International Perspectives in Philosophy and Psychiatry.
XXV, , 306 s. ; 23 cm.
Add tags for "Talking cures and placebo effects". Be the first.
library:placeOfPublication <http://experiment.worldcat.org/entity/work/data/119917353#Place/oxford_etc> ; # Oxford etc.
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Revive the lost bond with this gorgeous ring created with 9 diamonds set in 18k gold.
I wanted something really nice, delicate and affordable for my wife to gift on our anniversary and this was just perfect. My wife wears it everyday.


A new study has condemned the immigration office in Bayreuth for its treatment of international students, some of whom have been turned off the Bavarian town by their negative experiences. Kate Ferguson reports.
Professor Bernd Müller-Jacquier, who heads the department of Intercultural German Studies at the University of Bayrueth, is the author of a study entitled 'German Authorities and Foreign Academics' ('Deutsche Behörden und ausländische Akademiker').
The study, which took place over a period of two years, has its basis in anecdotal evidence from international students in the town who complained of being unfairly treated when confronted with immigration authorities.
"Some of our students have been accused of telling lies and of forging report cards," Professor Müller-Jacquier told The Local. He attributed the behaviour of the authorities to a wider "culture of mistrust" at the city's Ausländeramt.
Researchers carried out interviews with 80 foreign academics in Bayreuth, as well as further afield, and examined the systems in place at immigration offices which had been distinguished as centres of "best practice."
"I've been aware of problems in Bayreuth for at least ten years," said Müller-Jacquier, who teaches a Master's programme made up of 90 percent international students.
"We put so much into mentoring these students," he said, "and they're very satisfied with the university. But many end up so frustrated by the immigration authorities that they leave the town."
He gives the example of a Brazilian student who came to Bayreuth to do an internship.
"He ended up loving the town so much he wanted to study here," said Müller-Jacquier. "But the immigration office told him that since the 'purpose of his stay' had changed, he would have to return to Sao Paulo to make the adjustment ... well what happened in the end? The student chose to study in Dresden instead. And Bayreuth lost him."
Müller-Jacquier points out that four other Brazilian students who came to Germany as part of the same internship programme and who subsequently decided to stay on to study there, were not required to return home in order to 'change the purpose of their stay'.
Immigration offices in Germany are advised to handle such issues on a case-by-case basis. "But that doesn't mean decisions should just be arbitrary," said Müller-Jacquier.
The two most important factors in the treatment of foreign students, according to Müller-Jacquier, are the personalities of the authorities themselves and the wider political culture. "It's very difficult to effect change if the political system is against you," he said.
When asked whether students from certain countries were treated worse than others, he said "luckily, in a sense, we found that all foreigners were treated equally badly."
In a statement sent to The Local on Monday afternoon, Bayreuth's immigration office said it wanted to "further improve its culture of welcome to international citizens" and that Müller-Jacquier's study presented "important points."
It said that by co-operating with the University of Bayreuth and discussing the possibility of participating in the 'Welcoming Authorities' model project it had already taken steps towards improving the system.
Bayreuth Mayor Brigitte Merk-Erbe, who was given a copy of the study some weeks ago, said international visitors "should feel welcome from the beginning."
But Müller-Jacquier describes the behaviour of some staff in the immigration office as "unfriendly and unwelcoming."
Despite that, he believes Germany's shortage of highly-qualified professionals is leading to a change in political sentiment. "Formerly, the message being filtered down was rather anti-immigrant," he said.
While that was now changing, he said that "sadly, not everyone has grasped it yet."


text:
Xandr's Beaumier Aims To Mix Upfront & Real-Time TV Ad Sales
CANNES — In the rapidly-expanding kingdom of AT&T, Xandr, its unit for facilitating advanced TV ad buying, is playing a stronger role.
Almost exactly a year after AT&T acquired ad-tech platform AppNexus, it has just rebadged AppNexus' demand-side platform (DSP) as "Xandr Invest", and allowed ad buyers to to target viewers using AT&T's first-party data and its new Community premium video network.
That is all part the wider convergence, which is seeing AT&T mobile, Turner, WarnerMedia, CNN, DirecTV and other assets come together in a kind of cross-screen super-play, helping to target viewers across devices and content.
But that doesn't mean traditional methods of TV ad sales are done. In this video interview with MTM's Jon Watts for Beet.TV, says Christina Beaumier, Xandr VP product for TV platform, says the traditional upfront method – through which ad buyers put down money for advance slot bookings – will prevail alongside programmatic-, exchange-based transactions.
"We need automation. Automation is coming," Beaumier says. "Automation does not mean that we are going to move towards a fully real-time auction-based exchange trade and marketplace.
"The TV marketplace is here to stay, meaning upfront, scarce reserve inventory and the business rules that surround that marketplace will continue to be grounded in an upfront reserved model. Why? Because marketers need to be able to guarantee an audience at specific times within the year, and they're not going to want to pay at the pump for advertising."
AT&T's WarnerMedia is known to be planning to join the subscription video-on-demand wars in 2020 and, according to Business Insider, "rumors have emerged that WarnerMedia might offer an ad-supported version".
AT&T is putting together the pieces of infrastructure required to make digital, targeted advertising work across a vast trove of media properties and devices.
"Real-time exchange marketplaces are great for filling out additional impressions and additional reach," Xandr's Beaumier adds. "But, just because we have the technology that will enable it, does not mean that the full media plan should then convert to a realtime market.
"That's what we're focused on is really the holistic view across the reserved upfront marketplace, and surrounding that with the realtime marketplace."
You are watching Beet.TV's coverage of Cannes Lions 2019. For all of our Cannes coverage, please visit this page. Thank you to the sponsors of our festival coverage, which are Amobee, Innovid, Nielsen, RTL AdConnect and Teads. Special thanks to Hearts & Science for hosting Beet.TV for the Festival.
By Robert Andrews on June 30, 2019 @robertandrews
Beet.TV Coverage of Cannes Lions 2019Tagged christina beaumier, Xandr
Share: Xandr's Beaumier Aims To Mix Upfront & Real-Time TV Ad Sales


text:
Chicago Blackhawks • The Daily Dose
Hockey |
The Chicago Blackhawks not only have the best logo in hockey, they have the finest logo in all of professional sports.
Spelled as Blackhawks since 1986 and known in the Windy City as the Hawks, Chicago's hockey club is one of the Original Six, the half-dozen franchises that formed the National Hockey League for the quarter century between 1942 and 1967. In May 1926, former football star Huntington Hardwick was awarded an NHL franchise for Chicago as part of the league's first wave of expansion into the United States.
One month later, Major Frederick McLaughlin, owner of the wildly popular Manor House Coffee brand, purchased the team from Hardwick for $12,000. McLaughlin bought players from the Portland Rosebuds of the disbanding Western Hockey League, but did not believe "Rosebuds" a fitting nickname for a his team.
McLaughlin had been a commander with the 333rd Machine Gun Battalion of the 86th Infantry Division during World War I. This Division was nicknamed the "Blackhawk Division" after Chief Blackhawk, a Native American leader of the Sauk nation. Blackhawk had sided with the British in the War of 1812 and was a prominent figure in the history of Illinois. In 1832, he fought against Americans when he brought his tribe across the Mississippi River into Illinois to plant crops and reclaim their land. He was captured and jailed before being released in 1833. McLaughlin named his new hockey team in honor of his military unit, spelling it in two words as the Black Hawks. The club officially became the "Blackhawks" in 1986, when original franchise documents revealed the World War I spelling.
Needing an image to honor the World War I Battalion and Native American chief, Major McLaughlin commissioned his wife, Irene Castle, to design the first logo. A famous Broadway dancer, Castle's original effort was a black and white rendering of an Indian chief adorned in braids wearing two feathers on each side of his head. Mush March was wearing this original logo on his sweater when he scored the winning goal in the second overtime to deliver Chicago its first Stanley Cup in 1934. Two seasons later, the Hawks added color to the face and hair of the mighty chief. In 1937-38, the club switched the color scheme, replacing the red face and golden hair with a less-offensive tan and black, respectively. That season, Chicago won its second Cup. The Indian head changed in 1955 to more closely resemble what it looks like today. Face paint, more colorful feathers and the secondary shoulder logo were also added. In 1965 – two seasons before the NHL doubled in size, adding the "Next Six" — the chief's face was modified slightly and the outer ring with "Chicago Black Hawks" was removed. Since then, the most iconic logo in sports has remained unchanged.
Unlike other sports teams that have come under fire for their logos depicting a Native American, the Chicago Blackhawks have avoided controversy. The University of Illinois, who in 2007 caved to political pressure and abandoned Chief Illiniwek – a fierce and noble warrior who pridefully depicted the Native American people – which was inaccurately accused of being racist. Miami of Ohio, Marquette, and the University of North Dakota were also unjustly targeted. The Hawks have not run into that problem, as the logo is not cartoonish and the franchise refrains from chants, tomahawk chops or other amateurish Indian depictions. Rather, the Blackhawk honors a great Native American chief who stood up to the injustices inflicted upon his people.
If the hockey world handed out three stars for logos, the Blackhawks image would be one, two and three. One of the most recognizable logos in sports, "The Indian" features a vibrant color combination. Red, yellow, green and orange feathers, coupled with red and white face paint, sets the logo apart from the rest. Emblazoned across a red sweater for home games and a white jersey when on the road, the Blackhawks look is crisp, clean and classic. Accented with red, black and white, Chicago wears the best uniform in sports.
The Hawks have a monopoly on style. They sport the two best sweaters in hockey [with The Indian across the chest, how could they not be]? Red or white – take your pick – the jerseys are 1A and 1B as tops in the league. What's more, the Blackhawks secondary logo, which first came to life in 1955, is the second best in all of sports. For over six decades, the team has skated with a "C" – which stands for Chicago – paired with crossed tomahawks on both shoulders. Save for using different colors, the unique design of the secondary logo has remain unchanged.
"What we usually think of when we talk about good uniform design is you want to keep it to three colors," said Paul Lucas, publisher of Uni Watch, a blog dedicated to sports uniforms. "But the Blackhawks have gone with a lot of colors when you include all the colors in the headdress. Somehow, it doesn't look like overkill. It totally works." What is it that makes Chicago's uniform so pleasing to the eye? The answer, according to Lukas, is in the stitching. The Indian head logo is done with an old-fashioned technique known as chain stitching, giving it a jeweled effect.
It takes more time, costs more money, and is more labor-intensive than newer types of stitching, but the effect is worth the effort. "It's very textured, and it really makes the stitching on the jersey crest pop," Lukas said. The Blackhawks uniform is made at a Reebok factory in Quebec. Josee Lemelin, a seamstress from Quebec City, sews the Indian head on every sweater that makes its way into the Hawks' dressing room.
In addition to their distinctive logo, classic uniform, and storied Original Six tradition, the Chicago Blackhawks have made other significant contributions to making NHL games among the most compelling contests in sport. In 1973, Hawks owner Bill Wirtz liked the sound of the horn on his yacht and had it installed at Chicago Stadium for the Stanley Cup Final against Montreal. They have since become a staple of NHL games around the league. Jim Cornelison, the baritone who sang Back Home Again in Indiana at the 101st running of the Indianapolis 500 in May 2017, performs The Star Spangled Banner before home games at the United Center in Chicago.
Accompanied by organist Frank Pellico, it is quite possibly the finest rendition of our National Anthem anywhere. Standing on a strip of red carpet on the ice where he is joined by a few military veterans, Cornelison sings over a deafening roar, as the capacity crowd at the UC stands and cheers at the top of their lungs beginning with the first note. Before Game 2 of the 2010 Stanley Cup Finals, the cheering during the anthem registered 122 decibels, equal to the sound of a chainsaw.
The Hockey News voted the Hawks jersey as the best in the NHL. In 2017, Greg Wyshynski of Yahoo! Sports listed Chicago's red home sweaters as the second best jersey in the history of the NHL. Mr. Wyshynski missed the mark by one. The Score got it right. In 2016, it ranked the iconic Blackhawks sweater tops in the league, calling it "The best of the best," and the logo "colorful and historic."
Rooker's Unintentional Walk
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Colour TFT display with rotary selection for self-explanatory intuitive operation. One touch operation with pre-set buttons. Would suit office with up to 25 staff and clients.Makes cappuccinos, café lattes, flat whites, long blacks, espressos and hot milk.
Bob from Fairfax Coffee in London demonstrates the JURA IMPRESSA J9 TFT.
- Colour TFT display with rotary selection for self-explanatory, intuitive operation.
- Adjustable height cappuccino spout.
- Built-in coffee grinder. Automatically grinds up to 16 grams for double shots and mugs.
The Jura J9 One Touch TFT looks terrific from all sides. This leaves you more options to where you want to locate it... on a benchtop or in the waiting room. No unsightly back view (see photo).
I highly recommend purchasing a Jura J9 TFT coffee machine. With great service and fast delivery our 10th Wedding Anniversary present purchase was an absolute delight. Henriette knows her products, is easy to contact, quick to reply and takes exceptional care of her customers. The machine's automatic capabilities are user friendly and the fully optioned visual menu allows tailoring to your own individual preferences. The innovative technology produces delicate foam and it cleans itself at the push of a button! We are currently enjoying the smooth taste of our daily cappuccinos in the comfort of our own home. Thanks to the wonderful team at Prime Coffee."


Holiday Weekend Approaching Captive.com and the "Captive Wire" email newsletter will be observing the upcoming holidays.
Jay Sampson To Head Beecher Carlson Alternative Risk and Captive Group Beecher Carlson Insurance Services, LLC (Beecher Carlson), has formed a new Risk Optimization Group that will encompass alternative risk, captive management, actuarial, analytics, claims, and risk control. The group will be led by Jay Sampson, who was promoted to executive managing director.
The Georgia Captive Insurance Domicile While Georgia is one of the smaller captive insurance company domiciles in the United States, the state has been one of the fastest-growing domiciles. The total of 49 captives in Georgia at the end of 2018 is more than 5 times its total of 9 captives in 2014. Curious? Learn more today.
David Kirkup—Captive Insurance Person of Interest As part of our ongoing commitment to provide thoughtful commentary concerning issues impacting captives and the broader insurance markets, we spoke with David Kirkup. Mr. Kirkup serves as chief operating officer and chief financial officer for Captive Alternatives. We had an in-depth conversation about the current state of affairs in the Puerto Rico captive domicile.
Captive.com and the "Captive Wire" email newsletter will be observing the upcoming holidays.


The perfect setting for calm and relaxation.
With newly installed lighting and ocean scene projections on the wall, at the sensory pool sessions you will be transported to a peaceful ocean setting in no time at all. We aim to keep the pool water temperatures at 31 degrees and in some sessions relaxing music will be played and flotation devices will be available to use.
Let yourself escape and completely unwind. You are free to come and swim, float, walk or exercise in the pool in an adult-only session, specifically designed to be calm, relaxing and informal. Loungers and flotation devices available.
This is an open session available for anybody who wishes to come along and enjoy the ocean scene. Carers supporting a participant are welcome at no extra charge - please book your session before arrival.
the age of 5 can attend FREE of charge.
These sessions are designed for people to gently increase their level of physical activity in a tranquil environment. This can help to improve or manage health conditions in a strain-free way.


Synopsis: Revenge is a dish best served cold and Boba Fett is out for revenge.
There is nothing as silent as a desert at night. There seems to be nothing but the sand and the stars and, most surprising, the cold, when the local sun has set. The chill rises after the warmth of the day has left the sand.
So it was on Tatooine as on any other desert world in the galaxy. Tatooine had very little to offer, yet it harbored life forms that had grown from the sand. Sarlaccs were part of those life forms. Being, in terms, sandworms of immense proportions, they could have caused havoc among those humans and non-humans, who for some incomprehensible reason saw Tatooine fit to live on. But, due to their stationary course of life, the threat the sarlaccs posed was more one of meaning certain doom to the incautious rather than generating fear in the cities of the desert world. The most famous of these creatures, which had chosen to take up residence near the late Jabba the Hutt's palace, had experienced a period of starvation. Since the death of the great Hutt, the Sarlacc had not received its monthly portion of victims and, despite the fact that the Sarlacc was a rather dumb creature, it was contemplating on leaving its resting place and moving closer to the action. Sarlaccs did not move if they could avoid it, but the lack of food could force even the greatest of them to leave its previously very fulfilling life behind and move on to other things.
When the sun finally rose after that night, the only sign of the Sarlacc's former presents was a slight dent in the sand that would soon disappear. One of the many human inhabitants of Tatooine was there that morning, eyeing the dent with slight concern. When a Sarlacc chose to move, it was always nice to know where it would turn up again. Clad in a worn, black robe, the hood pulled down over the face, the woman named Borka moved closer to the dent, having spotted something the mighty Sarlacc had left behind. She squatted down and wiped the sand away from the shiny object. She frowned and brushed a little more sand away. It took a moment for her to realize, that she was looking at the arm of what she expected to be a droid. The Sarlacc had very little taste for metal and had been known to disgorge people, if they were clad in armor. She freed the droid from its sandy grave, hoping to be able to scavenge it for parts. But, as she turned it over, she instantly realized her mistake. This was no droid. There was fleshy soft tissue of the arm that she was holding up, and to her immediate surprise, whoever hid under the dented mask had to be human or at least humanoid. Carefully, she removed the mask and spent a moment looking at the scarred face underneath. The man had almost no hair and a scare as wide as her thumb ran from the top of his scull across his face and vanished under the neck of his body armor. She considered the situation for a moment, then put his helmet back on. With an effort, she managed to load the man over her shoulder and carry him back to her battered, old landspeeder. She loaded him onto it and tied him down, wondering if she should take him back to Anchorhead. Shaking her head, she decided to take him up into the deserted palace instead. It was closer and nobody would try to take the honor for saving his life there.
The silence of the great hall was not something that bothered Borka. Ever since the Hutt had died at the hands of those rebels, Borka had now and then used the abandoned palace as a hideout. She was considered strange by those who knew her and nobody would be surprised if they knew where she was.
There was a stench in the air, that emanated from the large grating in the floor. Borka, who never really paid attention to any kind of smell, hardly noticed it. She had investigated the stench the first time she had entered the palace and had found the source of it. The rotting corpse of a Rancor was lying in its lair below.
She carried her involuntary guest into the great hall and put him down on the throne. Then she pulled back the hood of her cape and looked around the hall, a constant half-smile on her lips. Borka was a little crazy, but not enough for anybody to want to put her away. She never did anybody any harm and she always helped out when it was needed. She just didn't get along with other people that well. Searching through the great hall and an adjoining room, she found a few blankets and a carpet, that would do as a mattress. There was a sudden sound and she turned to see what it was. Some kind of critter was sitting on a ledge, watching her with the big eyes of a nightcrawler. Borka chuckled at the sight of it and returned to what she was doing.
A few days later, her guest finally came around. She had freed him from his armor and had even had the sense to wash most of the dust and sand away. She had fed him and attended to his wounds, always eager to please. She was squatting a few feet away from him, watching him as he slowly came to. He moved his head a little and grumbled something, then opened his eyes. Scanning the room, it took him no time to realize where he was. He sat up slowly, his eyes searching the room and finally coming to rest on Borka. Not really feeling up to talking yet, he simply just looked at her. Borka, who didn't like it when people stared, rose and came closer.
"You okay?" she asked, still smiling.
The man just looked at her, one corner of his mouth twisted into a constant sneer by the scar. His blue eyes were relentless and Borka started having second thoughts about saving him. "What am I doing here?" he wanted to know, again looking around the hall.
"The Sarlacc didn't like ye'. He spat ye' out and moved away," Borka explained, handing him a cup of water.
He downed it and threw the cup away, shattering it against the hard floor of the throne room. "Give me some more," he grumbled. "Who are you, anyway?"
"Borka," she replied proudly, filling a new cup from a canteen and handed it back to him. "And you?"
The man made no attempt to answer that. He instead started to check himself out, trying to figure out if he was badly hurt. Then, realizing that he wasn't, he tried to get up. A dizzy spell hit him and he dropped back down on the makeshift bed, groaning. "How long was I out there?" he demanded after the dizziness had worn off.
"Don't know. The Hutt's been dead a week or so," Borka replied, feeling slightly upset about his apparent lack of gratitude. She didn't like helping people, who didn't appreciate it. "I cleaned your armor," she said in the hope that he would be grateful.
He glanced over at his uniform, which looked like new. Looking back at the crazy girl, he knew that he needed her to get better. "Good," he responded. "I need to rest. Leave me alone," he added, pulling the blankets up under his chin.
Borka got up, feeling hurt. She hurriedly left the great hall and walked around the palace, feeling sorry for herself. She did that until he she could hear him calling. Getting her hopes up, she ran back to the great hall only to receive a set of instructions and a demand for food. Borka was not a violent person, so she wouldn't have a fit over his treatment of her, but she was deeply hurt, vowing never to help anybody she didn't know again.
For more than a week, Borka's guest bossed her around, telling her what he needed and what she should do. He was up and about, ready to take on the galaxy again. Borka was starting to fear him and he seemed to like that. She had discovered something about his uniform, that she hadn't noticed while she had cleaned it. The belt had strange, hairy things hanging from it and she hadn't paid much attention to it before. But, her mind, though working slowly, worked in the right lines. She finally had figured out what those hairy things were. Now, that he was up and moving around, he was wearing the belt again and Borka spent many frightful hours, starring at the scalps hanging on the belt. It never once occurred to her, that she could just take off and leave him alone. She was much too scared at that time.
"Borka, get me something to drink," he snarled, standing at one of the windows in the adjoining room. The desert was silent and dark, but he paid no attention to the sand or what dwelt in it. He paid attention to the stars, feeling the urge to get going. Starring up at them, his face twisted into a hideous grin. "Soon," he mumbled. Borka came in with a cup of water and he gulped it down, nodding to himself. Borka's first impression of him had been a little wrong. He wasn't lacking hair. He just shaved his head, so that he only had an edge of hair on the middle of his head. That hair, on the other hand, was long and he had it braided from the top of his scull. The scar had left a band of destruction and the braid fitted to his idea of himself. He had a reputation and he took that very seriously. Turning to Borka, he looked down at her as she was sitting on the floor, looking at his scalps with frightened eyes. "That first day, you asked me my name," he said, wondering if she would know who he was. She nodded silently, her eyes never leaving the scalps. "I'm Boba Fett," he said.
Borka heard the name, but it took her a moment to respond to it. Slowly, she looked up into his face, feeling a cold shiver running through her. She knew who he was, all right. She feared him beyond reason. Starring up at him, she saw that he knew what she felt. He knew that she knew who he was. Moving on hands and knees, she started backing away from him, goose bumps running up and down her arms. "You're a bad, bad man," she whispered, but he only laughed at that. He started putting on his uniform and eventually put his gun into the holster.
"I've got a mission to accomplish, but I can't have you running around, telling everybody that I'm back," he told her, then he put on his helmet. "I want to thank you for saving my life. In return, I will take yours."
Having said those words, he pulled his gun again and pointed it at the shivering girl. She was still moving away from him, inch by inch getting closer to the door. For a moment, he considered letting her go. He could hardly imagine that anybody would believe her, if she told them about him. But, then again, he could not afford to take that chance. After one more moment of consideration, he pulled the trigger, killing Borka instantly. He eyed the dead girl for a moment, making sure she wasn't breathing, and then he turned back to the window. Looking out at the stars through the tinted glass in his mask, he smiled again. "You better say your last goodbyes, Solo. I'm coming to get you now."
Turning, he strode out of the room, stepping over Borka's limp body on the way. He never once looked back, when he went into the main corridor, slipped into the landspeeder and left the palace behind. Boba Fett, the most notorious bounty hunter in the Galaxy, was back — and he was out for revenge.


text:
using nl = std::numeric_limits<float>;

static inline float degree_to_radian(float adegree)
{
    return adegree * float(M_PI) / 180.0f;
}

// here you set global source parameters, called once per run
Source::Source():
    _particleGun{nullptr},
    _sourceMessenger{nullptr},

    _iso_radius{nl::quiet_NaN()},
    _src_angle{nl::quiet_NaN()},
    _polar_start{nl::quiet_NaN()},
    _polar_stop{nl::quiet_NaN()},
    _shift_x{nl::quiet_NaN()},
    _shift_y{nl::quiet_NaN()},
    _shift_z{nl::quiet_NaN()},

    _gamma{nullptr},
    _electron{nullptr},
    _positron{nullptr},
    _geantino{nullptr}
{
    _particleGun = new G4ParticleGun{ 1 };

    auto* particleTable = G4ParticleTable::GetParticleTable();
    _gamma    = particleTable->FindParticle("gamma");
    _electron = particleTable->FindParticle("e-");
    _positron = particleTable->FindParticle("e+");
    _geantino = particleTable->FindParticle("geantino");

    _particleGun->SetParticleDefinition(_gamma);

    _particleGun->SetParticlePosition(G4ThreeVector(0., 0., 0.));
    _particleGun->SetParticleMomentumDirection(G4ThreeVector(0., 0., 1.));
    _particleGun->SetParticleEnergy(1000.0*MeV);

    _sourceMessenger = new SourceMessenger(this);
}

Source::~Source()
{
    delete _particleGun;
    delete _sourceMessenger;
}

void Source::set_src_angle(float angle)
{
    G4cout << "Source::set_src_angle: " << angle << G4endl;
    _src_angle = angle;

    _polar_start = cos(angle);
    _polar_stop  = cos(0.0);
}

void Source::set_sources(const std::string& fname)
{
    G4cout << "Source::set_sources " << fname << G4endl;

    std::ifstream is(fname);
    if (not is.is_open()) {
        throw 1;
    }

    float lat, lon; // source latitude and longitude
    std::vector<angles> srcs;
    srcs.reserve(200);
    while (not is.eof()) {
        is >> lat >> lon;
        srcs.emplace_back(angles(lat, lon));
    }

    this->set_sources(srcs);
}

void Source::set_sources(const std::vector<angles>& srcs)
{
    _srcs.clear();
    _srcs.reserve(srcs.size());
    for(const auto& ss: srcs)
    {
        auto theta = degree_to_radian( ss.first );
        auto phi   = degree_to_radian( ss.second );

        _srcs.emplace_back(sncsphi(sincos(sin(theta), cos(theta)), phi));
    }
}

// Geometry of the system is such, that
// Z axis is going down,
// Y is going horizontally from left to right and
// X is whatever it is

// this code is to simulate conical source,
// to be removed and replaced by phase space file

// energy sampling, two monolines from Co60
static double sample_energy()
{
    if (G4UniformRand() < 0.5)
        return 1.33*MeV;

    return 1.17*MeV;
}

// sample source polar angle uniformly in the range
static double sample_polar(float polar_start, float polar_stop)
{
    double mu = polar_start + (polar_stop - polar_start)*G4UniformRand();
    return mu;
}

// generate particle at (0,0,0)
static std::tuple<double,double,double,double,double,double,double,double> generate_particle(double polar_start, double polar_stop)
{
    double x = 0.0;
    double y = 0.0;
    double z = 0.0;

    auto cos_theta = sample_polar(polar_start, polar_stop);
    auto sin_theta = sqrt((1.0 - cos_theta) * (1.0 + cos_theta));
    auto phi       = 2.0 * M_PI * G4UniformRand();

    auto wx = cos_theta;
    auto wy = sin_theta*sin(phi);
    auto wz = sin_theta*cos(phi);

    auto e = sample_energy();
    auto w = 1.0;

    return std::make_tuple(w, e, x, y, z, wx, wy, wz);
}

static inline double sample_rotangle(double rstart, double rstop)
{
    return rstart + (rstop - rstart) * G4UniformRand();
}

static inline std::tuple<double, double> rotate_2d(double a, double o, double sn, double cs)
{
    return std::make_tuple(cs*a - sn*o, sn*a + cs*o);
}

// source particle parameters, called per each source event
void Source::GeneratePrimaries(G4Event* anEvent)
{
    double x, y, z;
    double wx, wy, wz;
    double w, e;

    // get generated at center but with proper direction
    std::tie(w, e, x, y, z, wx, wy, wz) = generate_particle(this->_polar_start, this->_polar_stop);

    // move source back in X, so it is proper
    // position
    x -= this->_iso_radius;

    // random collimator assembly rotation angle
    auto rndphi = sample_rotangle(_rot_start, _rot_stop);

    // now making it all together for all sources in the system
    for(decltype(_srcs.size()) k = 0; k != _srcs.size(); ++k) // running over all source
    {
        // per single collimator photon phs coordinates
        double xx, yy, zz;
        double wxx, wyy, wzz;

        xx = x;
        yy = y;
        zz = z;

        wxx = wx;
        wyy = wy;
        wzz = wz;

        // polar rotation, getting matrix
        auto sn = _srcs[k].first.first;
        auto cs = _srcs[k].first.second;

        // polar rotation, around Y axis, mixing X & Z and making proper latitude
        std::tie( zz, xx)  = rotate_2d( zz,  xx, sn, cs);
        std::tie(wzz, wxx) = rotate_2d(wzz, wxx, sn, cs);

        // aziumth rotation, around Z axis, making proper longitude

        // here is random position of the particular source
        auto phi = _srcs[k].second + rndphi; // source longitude plus rotation angle

        // compute aziumth rot.matrix
        sn = sin(phi);
        cs = cos(phi);

        // and rotate around Z, mixing X & Y
        std::tie(xx, yy)   = rotate_2d( xx,  yy, sn, cs);
        std::tie(wxx, wyy) = rotate_2d(wxx, wyy, sn, cs);

        // now add shift between phantom center and source isocenter
        _particleGun->SetParticlePosition(G4ThreeVector(xx + this->_shift_x,
                                                        yy + this->_shift_y,
                                                        zz + this->_shift_z));

        // set particle direction
        _particleGun->SetParticleMomentumDirection(G4ThreeVector(wxx, wyy, wzz));

        // and energy
        _particleGun->SetParticleEnergy(e);

        _particleGun->GeneratePrimaryVertex(anEvent);
    }
}

redpajama_set_name: RedPajamaGithub


text:
Scholarships Established 1980-1989
Named Scholarships and Prizes
2010-Today
The Clinton Alvey and Catherine Stouffer Scholarship
Established in 1983 by the estate of Barbara Stouffer, in memory of her parents.
Sanna and Victor Borge Memorial Fund
Established in 1981 with funds raised by a concert featuring Mr. Borge, a well-known humorist and musician, to provide support for piano students.
Franz C. Bornschein Memorial Scholarship
Established in 1984 by sisters Madeleine Skirven France and Hazel Skirven in memory of their uncle, a choral composer and arranger who taught at Peabody.
Louis Cheslock Memorial Scholarship
Established in 1982 in memory of Dr. Cheslock (AD '21, Composition) who taught at Peabody for over 50 years by his wife, Elise Cheslock ('29, Piano) and many other family members.
Jane Emel Donato Endowed Scholarship
Established in 1988 by Ms. Donato (BM '54, Music Education) to assist undergraduate clarinet students.
Jennie K. Elle and Kurt D. Elle Scholarship
Established in 1983 for piano or violin students by a bequest from Mr. and Mrs. Elle. Mr. Elle was an orchestral conductor in his native Germany prior to World War II, then served with U.S. Army Intelligence until he retired and began a career as a piano tuner.
P. William and Vera Ruth Filby Scholarship
Established in 1987 by Mr. and Mrs. Filby for orchestral or voice students. Mr Filby, who held positions as library assistant director at Peabody, rare book librarian at Cambridge University, director of the Cambridge University Philosophical Society Library, and director of the Maryland Historical Society, also endowed a fund to support the Filby Rare Book room in the Peabody Archives.
Scott E. Forbush Scholarship
Established in 1987 for piano students by the estate of Mr. Forbush, who studied physics at the Johns Hopkins University in the 1930s.
E. Carl Freeman Organ Scholarship
Established in 1988 by Beverly Beck and other donors from the River Road Church of Richmond, Virginia, in honor of Mr. Freeman's 20th anniversary as minister of music and organist. Mr. Freeman, (UC '59, BM '62, Organ) has served as president of the Peabody Alumni Association and on the Johns Hopkins Alumni Council.
Richard Franko Goldman Scholarship
Established in 1980 in memory of Mr. Goldman by their son, Daniel Franko Goldman, and numerous friends and colleagues. Richard Goldman, director of Peabody from 1968 to 1977, was a composer and teacher who directed the Baltimore Symphony for eight years.
Joseph and Elizabeth Imbrogulio Scholarship
Established in 1981 by Elizabeth Imbrogulio and her son, in memory of her husband, to support string students. Joseph Imbrogulio (UC 1916, Violin) played at the premiere of the Baltimore Symphony Orchestra and was the musical director for WFBR radio for over 40 years.
Hjalmar and Emma Kivekas Scholarship
Established in 1985 for piano and violin students by a bequest from Kurt D. and Jennie K. Elle. Born in Germany, Kurt Elle was an orchestral conductor there until he was forced to flee the Nazis in 1933. He then worked for U.S. Army Intelligence and immigrated to the U.S. where he began a career in piano maintenance.
Lillian Hirschmann Konowitz Memorial Scholarship
Established in 1981 for piano students by David B. Konoson and Judith K. Sykes in memory of their mother, who attended Peabody in 1916.
Jack E. Russell Markert Memorial Scholarship
Established in 1980 for students of the tuba, trombone, or euphonium by Mr. Markert's mother, Dorothy Markert Cushman and several friends in his memory. Mr. Markert (MM '69, Music Education) was an original member of the Peabody Ragtime Ensemble.
Samuel Masland Jr. Memorial Scholarship
Established in 1983 by the estate of Mr. Masland to support french horn or piano students.
Thomas Menehan Memorial Scholarship
Established in 1985 in memory of Mr. Menehan for flute students by Roger Dalsheimer (A&S '49).
Hedy Oliven Scholarship Fund in Honor of Daniel Heiftetz
Established in 1984 for violin students by Mrs. Oliven in honor of her teacher Mr. Heifetz, who was a member of the Peabody faculty.
Leslie C. Oursler Piano Music Scholarship Fund
Established in 1988 by a bequest from Mr. Oursler to support piano students.
Peggy Pearlstone Scholarship
Established in 1981 by Jack Pearlstone in memory of his wife, Peggy Meyerhoff Pearlstone.
Barbara W. Pickus Memorial Scholarship
Established in 1980 by the Bel Canto Singers in memory of Ms. Pickus, who founded and directed the group.
Marion Savage Rosette Piano Scholarship
Established in 1985 for piano students by Mrs. Rosette, Peab '19, who taught privately in New York and wrote over 100 songs for children prior to her death in 1991.
Randolph S. Rothschild Scholarship
Established in 1988 for students of composition by Mr. Rothschild, a 1931 graduate of the Johns Hopkins University who attended the Peabody Preparatory. From the Baltimore area, he served as a Peabody trustee and as a member of the Peabody National Advisory Council.
Jacques T. Schlenger Scholarship
Established in 1987 by Venable, Baetjer & Howard in honor of Mr. Schlenger, A&S '44, a senior partner at the Baltimore law firm and a University trustee emeritus, who served from 1985 to 1998. He also served as a Peabody Conservatory trustee and was a member of the Peabody Advisory Council.
The Esther G. and Joseph Silver Memorial Scholarship
Established in 1984 by a bequest from Mrs. Silver to support violin students.
Albert and Rosa Silverman Scholarship in Piano
Established in 1985 by Albert Silverman, 1933 and 1952 Johns Hopkins University alumnus, to support piano students, in memory of his wife, Rosa Silverman (UC '29, Piano).
Hortense Iseman Stern Memorial Scholarship
Established in 1983 by the estate of Fortuna Iseman Klotz in honor of her sister. Mrs. Klotz was well-known in Baltimore as an amateur championship golfer, a sculptor, painter, and music lover.
Fanny B. Thalheimer Memorial Scholarships
Established in 1982 by the Alvin and Fanny Blaustein Thalheimer Foundation of Baltimore in memory of Mrs. Thalheimer, who studied piano at the Preparatory as a child.
Marie K. Thatcher Memorial Theory Scholarship
Established in 1981 by the estate of composer Howard. E. Thatcher.
Zaidee T. Thomas Scholarship
Established in 1983 by a bequest from Zaidee T. Thomas.
Senator Millard E. Tydings Scholarship
Established in 1984 for Maryland-born piano or violin students by the estate of Kathryn Tydings Eager in honor of her brother and by Mary Eager Campbell, Mrs. Eager's niece. Mrs. Eager studied violin at Peabody in 1923-24. Senator Millard Tydings represented Maryland in the U.S. Senate for 24 years.
Aber D. Unger Foundation Scholarship
Established in 1984 by the Aber D. Unger Foundation to support students studying brass instruments.
Annie Wentz Scholarship
Established in 1982 by the estate of Frances Wentz Turner to support voice and vocal accompaniment students in memory of her great-aunt.
Russell C. and Selina H. Wonderlic Fund
Established in 1985 for graduate students by a bequest from Mr. and Mrs. Wonderlic. Wonderlic was a 1927 graduate of Brown University, where he played the drums in the dance band. During the summer, he played in cruise ship orchestras. In 1942 was sent to manage the Mutual Life Insurance Company branch in Baltimore, where he was active in many musical organizations, serving on the boards of the Baltimore Symphony Orchestra, the Baltimore Opera Company, and the Lyric Foundation.
Miles M. Young Scholarship
Established in 1986 by Mellasenah Y. Morris (BM '68, MM '71, DMA '80, Piano) in memory of her father. Dr. Morris serves on the faculty and will retire from her current position of Conservatory Dean in the summer of 2014.


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As part of its dedication to enabling Queensland startups reach their potential, ilab's funding partnership with Artesian Venture Partners has reached its next milestone. The newly named 'ilab Venture Fund' has recently been endorsed as by Federal Government's Innovate Australia board as a Conditionally Registered ESVCLP. Investors can now have confidence that the fund fully meets all of the ESVCLP conditions and that future returns from the fund will be exempt from capital gains tax.
The ilab Venture Fund has a goal of supporting 100 Queensland startups with early stage capital over the next four to five years.
"We've seen dozens of technology start-ups already launch themselves through ilab. Becoming recognised as an ESVCLP is the next step to ensuring that we can continue to encourage and guide the growth of early-stage companies in Queensland and accelerate their progress through efficient early stage investment," said Bernie Woodcroft, ilab Director.


text:
Chicago VI is het studioalbum van Chicago uit 1973. Het album is opgenomen in de toen net opgeleverde geluidsstudio van producer James William Guercio, de Caribou Ranch in Nederland (Colorado). Het bleek achteraf dat dit album voornamelijk de Amerikanen aansprak. Daar haalde het onder aanvoering van de singles Feelin' Stronger Every Day (nr.10) en Just You 'n' Me (nr. 4)  zonder moeite de eerste plaats in de albumlijst Billboard 200. In het Verenigd Koninkrijk en Nederland verscheen het album niet in de albumlijsten. In Noorwegen en Zweden viel dit album wel in de smaak met respectievelijk een 13e en 3e plaats. Chicago liet met dit album de jazzy lijn enigszins los om zich meer te richten op de mainstream popmuziek.

In 2002 volgde een heruitgave door Rhino Records met twee bonustracks.

Musici

Chicago
Peter Cetera – basgitaar, zang
Terry Kath – gitaar, zang
Robert Lamm – toetsinstrumenten, zang
Lee Loughnane – trompet, achtergrondzang, percussie
James Pankow – trombone, percussie
Walter Parazaider – saxofoon en dwarsfluit, percussie
Danny Seraphine – slagwerk, antique bells, congas

Gastmusici
Laudir de Oliveira – congas
Joe Lala – congas
J. G. O'Rafferty – pedal steel

Tracklist

Muziekalbum uit 1973
Muziekalbum van Chicago

redpajama_set_name: RedPajamaWikipedia


Work desk is a vector of kaeruWORKS author. This vector includes Work desk, Work desk, desk, Learning desk, machine tags. To download vector (JPG, SVG, PNG, AI/EPS types) you need to register the account and log in.


The palate shows a symmetry of the Shiraz-Cabernet blend. Dark fruits, chocolate and spice aromas, enhanced by cedar and vanilla notes from the influence of oak. This is a versatile companion to hard cheeses or a classic piece of Australian eye-fillet beef.


text:
Arcure v. California Department of Developmental Services
YVONNE ARCURE, et al., Plaintiffs,
CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES, et al., Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES' MOTION FOR SUMMARY JUDGMENT (ECF No. 202)
MICHAEL J. SENG UNITED STATES MAGISTRATE JUDGE
The matter is before the Court on Defendant California Department of Developmental Services' motion for summary judgment. For the reasons stated below, the motion will be granted in part and denied in part.
I. PROCEDURAL HISTORY
This action began as an employment discrimination, harassment, and whistle blower protection suit by five Plaintiffs against the California Department of Developmental Services ("DDS") and several of its employees. (ECF No. 1.) The majority of Plaintiffs and Defendants since have been dismissed, along with many of the claims. (ECF Nos. 62, 112, 159, 194.) The action now proceeds on the third amended complaint brought by Plaintiff Kenneth Cook against Defendant DDS and pro se Defendant Jeffrey Bradley. (ECF No. 95.) The following four causes of action remain in issue: (1) retaliation in violation of Title VII of the Civil Rights Act of 1964 (seventh cause of action), (2) retaliation in violation of the California Fair Employment and Housing Act ("FEHA") (eighth cause of action), (3) failure to prevent retaliation in violation of FEHA (ninth cause of action), and (4) retaliation in violation of the California Whistle Blower Protection Act ("WBPA") (tenth cause of action).
On January 28, 2016, Defendant DDS filed a motion for summary judgment and/or summary adjudication of some of Cook's retaliation claims. (ECF No. 202.) Cook filed an opposition. (ECF No. 213.) DDS filed a reply. (ECF No. 219.) Defendant Bradley filed no joinder in or response to the motion.
The matter was heard on March 11, 2016. Counsel Lawrence King appeared on behalf of Cook. Deputy Attorney General Matthew T. Besmer appeared on behalf of DDS. Defendant Bradley did not appear and no one appeared on his behalf. At the conclusion of the hearing, the parties were invited to provide supplemental briefing. That briefing having been submitted (ECF Nos. 225-233), the matter now stands ready for adjudication.
II. SUMMARY JUDGMENT STANDARD
Any party may move for summary judgment, and the Court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a); Wash. Mut. Inc. v. United States, 636 F.3d 1207, 1216 (9th Cir. 2011). Each party's position, whether it be that a fact is disputed or undisputed, must be supported by (1) citing to particular parts of materials in the record, including but not limited to depositions, documents, declarations, or discovery; or (2) showing that the materials cited do not establish the presence or absence of a genuine dispute or that the opposing party cannot produce admissible evidence to support the fact. Fed R. Civ. P. 56(c)(1).
Plaintiff bears the burden of proof at trial, and to prevail on summary judgment, he must affirmatively demonstrate that no reasonable trier of fact could find other than for him. Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007). Defendants do not bear the burden of proof at trial and, in moving for summary judgment, they need only prove an absence of evidence to support Plaintiff's case. In re Oracle Corp. Secs. Litig., 627 F.3d 376, 387 (9th Cir. 2010).
In judging the evidence at the summary judgment stage, the Court may not make credibility determinations or weigh conflicting evidence, Soremekun, 509 F.3d at 984, and it must draw all inferences in the light most favorable to the nonmoving party, Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936, 942 (9th Cir. 2011).
III. FACTUAL BACKGROUND
Based on the submissions of the parties, and except as otherwise indicated, the Court finds the following facts to be undisputed.
A. Plaintiff Cook's Employment History
Cook completed the Ventura County Sheriff's law enforcement academy in 1986. (Defendant's Statement of Undisputed Material Facts ("DUF") 1.) He served as a deputy sheriff from July 1986 to April 1990 before leaving law enforcement to operate a pizza franchise for approximately ten years. (DUF 2-3.) Cook returned to law enforcement as a tribal police officer from approximately 2000 to 2001. (DUF 4.)
Cook joined DDS as a peace officer at the Porterville Development Center ("PDC") in 2001. (Joint Statement of Undisputed Material Facts ("JUF") 11.) DDS provides support to individuals with developmental disabilities in developmental centers throughout California. (JUF 1-2.) The centers serve as homes and treatment facilities for DDS clients. (JUF 3.) The Office of Protective Services ("OPS") is DDS's law enforcement agency. (JUF 6.)
Cook was promoted to sergeant in November 2005, and then to Supervising Special Investigator I in December 2006. (JUF 12.) As a Supervising Special Investigator I, Cook was considered a "lieutenant" within DDS. (JUF 13.) From at least December 1, 2006 to April 1, 2007, Cook was appointed Acting Commander when the Commander was away or unavailable. (Plaintiff's Statem ent of Undisputed Material Facts ("PUF") 5, and Defendant's Reply thereto.) The Commander is the highest ranking peace officer at PDC. (DUF 8.) The "Commander" title is a civil service classification of Supervising Special Investigator II. (DUF 8.)
B. Acts Giving Rise to this Action [1]
In April 2007, Defendant Bradley became the PDC Commander. (DUF 8.) At that time, there was an ongoing internal DDS Equal Employment Opportunity ("EEO") investigation into claims of sexual harassment brought by Yvonne Arcure, a former Plaintiff in this action, against Douglas Loehner and David Corral, former Defendants. (PUF 7, 25.) Cook was interviewed as a witness during the investigation. Other investigations also were ongoing, and Cook was interviewed as a witness in at least one other investigation. (PUF 9.) The parties dispute whether and to what extent Bradley was aware of these investigations at the time he became Commander.
On August 28, 2007, Cook sent Bradley an email recommending that Corral be terminated based on a DDS determination that Corral had discriminated against a female employee other than Arcure, as well as other conduct. (PUF 30.) Four days later, on September 4, 2007, Bradley informed PDC lieutenants and sergeants that Cook would be removed from his position as Operations Lieutenant. (PUF 31.) Cook was reassigned to Special Investigations Lieutenant, a position which, according to Cook, involved diminished responsibility and inferior conditions of employment. (PUF 33-36.) Thereafter, Cook filed a formal complaint with the United States Equal Employment Opportunity Commission ("EEOC"). (PUF 11-12.) Cook's claims relating to this conduct are not at issue in the instant motion for summary judgment.
In May 2008, PDC Scheduling Sergeant Justin Davin contacted Cook regarding what he believed to be fraudulent overtime slips for Acting Sergeant Rennie Molezzo, signed off on by Defendant Bradley. (DUF 11.) Cook contacted several law enforcement agencies regarding his concerns over this possibly fraudulent overtime scheme. (PUF 13.) Meanwhile, in July 2008, Bradley became the Chief of OPS. (JUF 8.) Cook eventually reported his concerns of overtime fraud to the Porterville Police Department, which initiated an investigation. (JUF 14.)
Around the middle of August 2008, the Porterville Police Department arrived at PDC to investigate the allegations of fraudulent overtime. (JUF 14.) Bradley immediately reported news of the investigation to Deborah Meeker, DDS Deputy Director. (DUF 16.) Meeker told Bradley to stay out of the police department's investigation. (DUF 17.) The Porterville Police Department did not consider Bradley a suspect. (DUF 14.) The parties dispute whether DDS considered Bradley to be a suspect at the time of the initial investigation.
After learning of the police investigation, Meeker initiated two investigations. The first investigation addressed the allegations of overtime fraud. (DUF 19.) The second investigation concerned Cook. (DUF 20.) The parties dispute the purpose of this second investigation. DDS claims that the investigation concerned Cook's handling of the overtime allegations and possible improper disclosures of confidential information to outside agencies. (DUF 21.) Cook claims that the investigation was initiated in retaliation for his engaging in protected activity and due to his disability.
Cook was placed on administrative leave during the investigation, but retained his pay and benefits. (DUF 22, 25a.) DDS claims that the decision to place Cook on leave was not punitive, and was designed to protect Cook and the integrity of the investigation. Cook claims that the leave decision was retaliatory and points out that neither Molezzo nor Bradley were placed on leave. The parties dispute whether Bradley participated in the decision to place Cook on leave. At the conclusion of the investigation, Cook was returned to his same position with the same title and responsibilities, and the same pay and benefits. (JUF 21.)
On September 12, 2008, Cook initiated two EEOC complaints. One alleged that he had been retaliated against for filing his initial EEOC complaint. The other alleged disability discrimination in violation of the Americans with Disabilities Act. (JUF 24, 26.) In both charges, Cook claimed he was not provided with the reason he was placed on leave. (JUF 24.)
On September 17, 2008, Cook filed a whistle blower retaliation complaint with the State Personnel Board ("SPB"), claiming that being placed on paid administrative leave and under investigation was retaliation for reporting alleged overtime fraud to the Porterville Police Department. (JUF 26.) Cook later withdrew this complaint and filed a new complaint on June 2, 2009. (JUF 27.) He did not file his whistleblower complaint with his supervisor or manager before he filed it with the State Personnel Board. (DUF 36.)
After Cook's EEOC and SPB complaints were filed, Bradley imposed various changes to the conditions of Cook's employment, which Cook believes were retaliatory. (PUF 38.) In October 2008, Meeker issued Cook a Letter of Instruction regarding his report of suspected overtime fraud to the Porterville Police Department. These specific actions by Bradley and Meeker are not subjects of the instant motion for summary judgment.
On February 25, 2009 John Sawyer, the Executive Director of PDC was interviewed by Porterville radio station KTIP as part of a news broadcast about allegations of drug use and overtime fraud at PDC. (JUF 46.) Sawyer did not mention Cook's name during the interview. (JUF 47.) The host asked Sawyer questions which derived from an anonymous letter that was sent to the radio station. (JUF 45.) The relevant portion of the broadcast is as follows:
Radio Host: The letter stated that the lieutenant that had reported about the illegal activity was placed on administrative leave without explanation. Sawyer was asked to comment about that for news first.
Sawyer: I don't think that was accurate at all. Any time we put anybody on administrative leave, they're given the full reason why they are placed on that. And the putting in - mentioning the overtime fraud was not the reason that that officer - the lieutenant - was placed on administrative leave. There were other things that were also involved or that he was also involved in. And they wanted to keep him away from the facility while the investigation going on, and he was later brought back once the investigation was completed.
(JUF 48.)
In April 2009, the Porterville Police Department suspected that Bradley and an individual named Scott Gardner were committing overtime fraud. (DUF 37-38.) These suspicions arose from sources other than Cook. (DUF 37.) Around the same time, Bradley stepped down from the position of OPS Chief and requested to return to the Commander position at PDC. (DUF 40b). Patricia Flannery, Deputy Director of Developmental Centers, placed Bradley on administrative leave on April 21, 2009, and initiated an investigation into the overtime fraud allegations. (JUF 28.) Cook claims he was forced to be a witness in this investigation. (JUF 49.) Bradley later was terminated for his conduct.[2] (JUF 29.)
Around April 2009, DDS invited applications for Bradley's replacement as OPS Chief. (JUF 34.) Flannery was responsible for selecting the new Chief. (DUF 60b.) In May 2009, Corey Smith was named acting Chief. (JUF 31.) Smith had been a fire chief with OPS at the Sonoma Developmental Center from 1992 until 2005 and had served as Commander of the Sonoma Developmental Center from 2005 until he became the acting Chief in May 2009. (JUF 32-33.)
Cook applied for the OPS Chief position. (JUF 35.) Patricia Flannery and Mark Hutchinson reviewed the application materials submitted by Cook and fourteen other individuals. (DUF 60a.) Flannery and Hutchinson scored each applicant in four separate categories based on a review of their applications and resume materials. (DUF 61.) One applicant scored 95% and was ranked number one. Four applicants scored 90% and were ranked second. Cook scored 85% and was in the third rank, along with three other applicants. Four applicants scored below Cook, and one applicant was disqualified. (DUF 65.) According to state civil service rules, only candidates in the top three ranks are "reachable" or eligible to be considered for the position. (JUF 37.)
Cook was invited to interview with Flannery and Hutchinson. (JUF 36-37.) Both Flannery and Hutchinson state that Cook did not perform well. (ECF Nos. 209-210.) Following the interview, Cook emailed Flannery and Hutchison to clarify his response to an interview question, stating, "I felt my answer may have been taken in a way that I never intended it to be taken, that I would word things in a way that would be dishonest and untruthful to protect the States' interest." (JUF 39.)
After interviewing the candidates, including Cook, DDS re-announced the Chief position to obtain additional applicants. Smith continued to serve as acting Chief during this time. (JUF 40.) Smith applied for the permanent position during the second application round and ultimately was selected as the permanent Chief. (JUF 41-42.) He was appointed in July 2010. (JUF 42.)
C. State Personnel Board Proceedings
Cook initially filed his SPB complaint on September 17, 2008, but later withdrew that complaint and filed a new complaint on June 2, 2009. (JUF 26.) On January 19, 2010, the State Personnel Board convened an informal hearing to investigate the June 2, 2009, complaint. (DUF 43.) Therein, the administrative law judge considered whether the allegations contained in the complaint of being placed on leave and under investigation and being issued a letter of instruction constituted adverse, retaliatory employment actions. (ECF Nos. 79-4, 214-4.) The administrative law judge also considered allegedly adverse retaliatory actions not contained in Cook's complaint, such as not being asked on an as needed basis to attend morning meetings with the Executive Officer, failure to be invited to meetings with special investigators, having to rush to provide a doctor with materials after being told that the doctor would not be available for a week, the relocation of two of his investigators, the change of administration and personnel leaving him feeling isolated, and rumors that his credibility had been damaged. (Id.)
In her April 14, 2010, Proposed Notice of Findings, the administrative law judge found that the issuance of the Letter of Instruction constituted retaliation for Cook's protected activity, but that his remaining allegations did not affect the terms and conditions of his employment and therefore did not constitute adverse actions. The proposed findings were adopted on April 23, 2010. (Id.)
On May 2, 2011, the SPB held an evidentiary hearing, at the request of DDS, to determine whether Cook had any damages in connection with receiving the letter of instruction and to again consider whether the letter of instruction constituted an adverse action. (DUF 47; ECF Nos. 79-7, 214-5.) In her July 28, 2011 proposed decision, the ALJ noted that Cook had been denied promotion since receiving the letter of instruction. Although there was no evidence that the letter had been considered in the decision to deny Cook's promotion, the possibility that it could be so used was sufficient to conclude that the letter adversely affected the terms and conditions of Cook's employment. (ECF Nos. 79-7, 214-5.) The ALJ declined to award compensatory damages as Cook had offered no evidence in support of such an award. (Id.) The proposed decision was adopted on August 9, 2011. (Id.; DUF 48.)
IV. DISCUSSION
A. Whether Cook failed to exhaust his WBPA claim because he did not first present his complaint to his supervisor or manager
DDS argues that summary judgment should be granted on Cook's tenth cause of action for whistleblower retaliation because Cook did not present his whistleblower complaint to his employer before filing it with the State Personnel Board. According to DDS, presentation to the employer is a condition precedent to filing with the SPB under California Government Code Section 8547.8, and therefore a condition precedent to proper exhaustion. In support, DDS relies on Atashkar v. California Horse Racing Board, C069875, 2014 LEXIS 4121 (Cal.Ct.App. Ju ne 13, 2014).
Cook argues that DDS misrepresents Atashkar and, in any event, Atashkar is not citable. Cook also states that the SPB instructed him to file his complaint with the SPB and advised him that the SPB would provide a copy of the complaint to the respondents. He argues that his exhaustion was sufficient because he timely filed a complaint with the SPB, his complaint was accepted, and DDS responded.
California Government Code Section 8547.8(a) permits the filing of whistleblower complaints with the State Personnel Board:
A state employee or applicant for state employment who files a written complaint with his or her supervisor, manager, or the appointing power alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 8547.3, may also file a copy of the written complaint with the State Personnel Board, together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint filed with the board, shall be filed within 12 months of the most recent act of reprisal complained about.
Complaints for damages predicated on whistleblowing activity must be presented to the SPB prior to bringing suit: "[A]ny action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the State Personnel Board pursuant to subdivision (a), and the board has issued, or failed to issue, findings pursuant to Section 19683." Cal. Gov. Code § ...