OK! Exclusive: Meet Logan Reese, The Hot New Deckhand Replacing Andrew on Bravo's Below Deck!
Not that Bravo is exactly lacking in the hot guy department, but there's another breed of hottie about to join the network in a huge way. Starting with next week's episode of Below Deck on September 30th, Logan Reese will be joining the Ohana as the yacht's newest deckhand, stepping in for Andrew Sturby. Get a load of this guy in this exclusive preview of Logan's arrival next week!
Logan is a true Southern dude, born and raised in Oklahoma. He used to design boats with his toy legos as a kid before turning his passion into a career after college, working on sailboats, yachts, and now the Ohana. Can't wait to see him rock the boat on the show! Get it?
Below Deck airs Tuesdays at 9pm on Bravo! Are you excited to meet Logan? Or will you miss Andrew? Who's your favorite cast member on Below Deck? Tweet us @OKMagazine.


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The Big Tech Show: To 5G or not to 5G
Sean Bolger, Imagine CEO, pictured at the launch of Imagine Communications high speed national broadband roll-out. Pic: Robbie Reynolds
Adrian Weckler Twitter Email
February 15 2019 2:33 PM
After a very big week of broadband announcements in Ireland, Adrian sits down with the person promising the most radical plan.
https://www.independent.ie/business/technology/news/the-big-tech-show-to-5g-or-not-to-5g-37820156.html
https://www.independent.ie/incoming/article37820718.ece/77dac/AUTOCROP/h342/Tech%20pic1.jpg
Imagine boss Sean Bolger says that his wireless broadband company will build a new national network to connect over 1m homes, including 400,000 of the 540,000 rural homes currently earmarked under the National Broadband Plan.
This, he says, will be done by building hundreds of sites (such as masts) around the country, which will deliver the service to antennae on rural homes.
But is this just another promise from a telecoms company? When will the rural homes he's planning on connecting see the service?
And does this mean he intends to scupper or challenge the state-subsidised scheme, which would use taxpayers' money to do an enhanced fibre-based version of the same thing?
Bolger has decades of experience in the Irish telecoms market. His was the company behind the WiMax wireless service that rose and fell some years ago.
But rural Ireland may be his biggest challenge yet.
The Big Tech Show: Are we mugs to upload our mugs to FaceApp
Adrian Weckler The fad of the week is FaceApp, which makes even the most cherubic youngster look like Gandalf.
G7 moves closer on digital tax and warns on new currencies
Leika Kihara and David Lawder The Group of Seven (G7) has agreed that large tech companies such as Google, Amazon, Facebook or Apple can be taxed in the countries in which they make money, even without being physically present.
Teckro to create 45 new jobs in Dublin
Adrian Weckler The Limerick-based clinical trials startup Teckro has announced 45 new jobs in Dublin as part of a doubling of its staff globally.
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Meet the dating app founder whose life is destined for the screen News
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Toast expands Irish office as it targets restaurant technology
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redpajama_set_name: RedPajamaCommonCrawl


text:
Noted Activist Tom Hennessy Passes Away After 25-Year Battle with ME/CFS | Pro Health website | 12 September 2013
From the Pro Health website, 12 September 2013.
On Monday, September 9, 2013, Thomas Michael Hennessy, Jr. passed away in Boca Raton, Florida after a 25-year battle with ME/CFS. He was 59 years old. The family will receive friends at Our Lady of Mercy Catholic Church, 9200 Kentsdale Rd., Potomac, MD on Thursday, September 19, 2013 from 10-11 AM with Mass of Christian Burial following at 11 AM at Interment Gate of Heaven Cemetery. (You can read the obituary here.)
Tom Hennessy's contributions to the ME/CFS community have been enormous. He was the originator of International ME Awareness Day on May 12th, and founded the advocacy organization RESCIND (no longer online). Although he was severely ill, Tom testified eloquently, and passionately, at numerous national and international ME/CFS conferences and meetings, never failing to drive home the point that people with ME aren't tired, but sick.
Before falling ill with ME in 1988, Tom was a successful sales and advertising executive in Marin County, California. In spite of what he described as "chronic mono" following a severe flu, Tom continued to work 12-hour days, until a final collapse left him bedridden for 18 months. He never recovered.
On April 15, 1989, Tom was asked, at the last minute, to speak at the first international CFS conference, held in San Francisco, California. In his own words, Tom gave an "in your face" speech, which stole the show. "We are SICK, often deathly ill, and we are NOT fatigued!" he said. "If you do NOTHING else today, then lock the doors, get together and knock heads and come up with an ACCURATE definition and CHANGE THE GOD DAMN NAME!"
This speech catapulted Tom into the national spotlight, and from that day forward he remained a fierce advocate for legitimizing the illness in the face of government and insurance industry attempts to minimize the devastating effects on individuals who contract ME/CFS, as well as its cost to society as a whole.
No one could have stated the case for the eradication of the demeaning name "chronic fatigue syndrome" better than Tom himself, so I am including the full text of his 2011 CFSAC testimony below. His words deserve to be read, and re-read, many times over. In the wake of worldwide efforts to classify ME/CFS as a psychiatric illness, and of the virtual incarceration of Karina Hansen, on the heels of the recent attempt by HHS to redefine ME/CFS out of existence, in the CDC's continuing failure to adopt an accurate case definition, in the NIH's refusal to fund research, in the black-listing of medical professionals who seek to treat patients with ME/CFS, and in the subversion of the very agencies and organizations that are supposed to represent our interests, but instead seek to undermine us, Tom's words still ring out loud and true.
"There are NO more excuses. Slow people need to learn by repetition, so I again say, the theme for now and the future is 'NO MAS!' [No More!]"


Sun, 6 Mar 2016 at 10:23 p.m.
Mr Crombie has spoken. A press release on Thursday : Something old, something new, something borrowed, with no clue.
Your correspondent has a theory in relation to Mr Crombie's press release. Your correspondent surmises that a copy of Delta CEO Grady Cameron's press release appears to have stuck to Mr Crombie's saucer (stress – jiggling – spillage !!) when he was having tea and cakes in Mr Cameron's office last week, and Mr Crombie absent mindedly put it in his pocket. Mr Crombie being a busy man then noticed it a few days later amidst some empty Cadbury Favourites wrappers and Kit-Kat bars. Thinking that he was meant to have done something, and with Grady's cell phone off, he panics, and emails off the release, which of course is a re-run of Mr Cameron's effort.
Mr Crombie did say there had been "some misinformation" about the mortgagee sale process. There certainly has, and it is all from Delta and its directors.
Your correspondent and Delta are of one mind here : There is no need for any confusion, Dunedinites will have a lot less suspicion and worry if we had accurate information that Delta and its Directors were not the white collar robbers of the DCC public purse that your correspondent has made them out to be.
To this end, some public minded citizens might want to put in a LGOIMA request, or perhaps write to the ODT with the following questions for Delta, to assist with the excellent What if? efforts on Noble to date.
How much of the $3.3M Delta paid to "strengthen its position" has been paid to Gold Band and Avanti Finance. This is an easy one for starters – readers of course know the answer ($2.7M) because Gold Band have told us, but if Delta get this wrong, we then know it has a telling-the-truth problem as well as previously canvassed numbers, counting and comprehension problems.
What was the remaining funds of the $3.3M spent on ?
How much of the $3.3M has been paid for any advice, fees, or any other sort of payment in relation to the Noble Yaldhurst Subdivision, that was not for the actual direct purchase of first mortgage securities ?
In regard to the question above, who was this money paid to ?
How much Head Office staff time has been spent on the Noble Subdivision since December 2009 and has it been charged to the project ?
Did Delta, or any party associated with Delta, instruct, or convey to Gold Band Finance in any way, that Delta would not allow Gold Band to sell its first mortgage security to other parties (ie, other than Delta) with an interest in the land ?
Can Delta confirm that it will not offer vendor finance, and will not enter into a profit / revenue sharing agreement to the eventual purchaser of the land from the mortgagee sale process ?
Can Delta confirm that in addition to the above, it will not offer any kind of assistance to the eventual purchaser of the land ?
How much has Delta or DCHL paid Mr M Frost for any services related to the Noble Subdivision since 2012 ?
Can Delta confirm that no past or present Delta Directors, and also Mr J Boult, and Mr M Frost, are not involved, or offered any kind of advice or assistance to any of the mortgagee sale bidders ?
Is it true that due to recent developments, and subsequent to the date that tenders closed for the mortgagee sale, the firm conducting the mortgagee sale process, and/or other parties, has been urging other parties, who did not make a bid, to make a bid, even though tenders have closed ?
Given that we are dealing with Delta, perhaps readers should just consider three at most per request so as not to overtax Delta capacities.
These are all critical questions. Memo to Grady and Graham : Better to answer them now, the next time these questions are asked you will be best advised to have a lawyer – your own personal lawyer that you pay for, not a Delta one – present. (Suggestion : NOT the ones that wrote the security sharing deed….). Memo to Graham : $900 a day will not go far on lawyers' costs.
And Graham : Note to Self : Conduct cost / benefit and personal risk register of Delta involvement. (Memo to Grady : At a salary of $2,090 per working day, hire whatever lawyer you want).
Alert readers will have noticed some of these questions suggest there are yet more horror stories and shady dealings your correspondent wishes to bring to the surface. Indeed there are, but let us have Delta's position first, to avoid speculation. Of course we will have no option to speculate if nothing is forthcoming, and speculate we will.
For your correspondent, Delta at the Noble Subdivision is the gift that keeps on giving.
Now CD (in "Taxing Questions") asks: "How much has Delta or DCHL paid Mr M Frost for any services related to the Noble Subdivision since 2012 ?
Noble Investments Ltd disputed that they were a subsidiary of Apple Fields but an accounting decision seems to be that they effectively were a subsidiary. How much independence they should have had from each other seeems a bit on the murky side. But if they were independent in any sense, then it seems that they should have had independent advice.
People could be forgiven for wondering whether there may have been wild conflicts of interest regarding the business, financial and legal advice given to various parties in these transactions – to the point that such conflicts of interest might be said to be amounting to conspiracy to defraud. Since the 'neighbours' (not sure of the exact status of these people) seem to be the biggest losers, if anyone were being defrauded, it seems that it would be them. And also arguably Dunedin ratepayers who would be adversely affected by any resulting unnecessary Delta losses.
By answering CD's question as above, particularly about who gave paid advice to whom and when, Delta and Dunedin City Holdings management could re-assure Dunedin ratepayers that no such conflicts of interest amounting to conspiracy to defraud have taken place.
The neighbours (see Colin's latest comment) are the original landowners who hold the caveats – the caveators.
Elizabeth: Still not completely clear on this. Can you confirm ( or otherwise!) the way I'm picturing this. At various times in the past, various unconnected people bought sections in the area with road access to it. (Maybe a gravel rural road.) But, if it's rural land, then they presumably did not have reticulated stormwater drainage, sewage and fresh water supply. Then Noble Investments Ltd buys a big contiguous parcel of land close to them (but not necessarily sharing boundaries with all of them) and says that Noble is going to make a residential subdivision with all the above services plus good sealed roads. So Noble offers the original landowners a deal where their sections will benefit from the drainage and water etc services plus good sealed roads.
It seems to me that the neighbours caveators etc actually owned all or part of the land upon which the subdivision was potentially created. CD will confirm this, otherwise the neighbours caveators would be required by Noble to pay some of the costs in part.
NIL sold Ten 4 hectare rural blocks to Ten various unconnected people between 2002 – 2003 ("neighbours"). The blocks had automatic building rights clustered either side of a sealed access lot that serviced them off Yaldhurst Road. The blocks had power, phone, and electricity for one house on each, plus rural trickle feed water supply that the purchasers could install tanks and pumps for, and septic tanks.
The deal was NIL had 20 years in which to attain residential rezoning, obtain subdivision consent for the more intensive residential subdivision of all the land, and to provide the roading and services required for the further subdivision of all the land. In return NIL could buy back around 3.2 hectares of the 4 hectare blocks it achieved the subdivisions for, for $10 each; and the neighbours could further subdivide their remaining around 0.8 hectares (8000m2).
The roading NIL is required to provide the "neighbours" is along their existing access lot which has to be widened by NIL. The way NIL set up the agreements only they have the right to form this widened road – the disparate owners don't have agreements between them, only NIL does with each. NIL's obligations in providing this road requires it to provide the stormwater requirements for it, along with the stormwater service requirements as agreed for the neighbours' smaller subdivisions. This requires large stormwater basins on the 3.2 hectare lots NIL purchased for $10 each, with the basin locations under the power lines on land that can't be built on.
In 2008 NIL requested the neighbours transfer their 3.2 hectare parcels to it on the basis rezoning had been achieved and the subdivision consent was imminent. NIL convinced them they required the land to be in NIL's name to gain finance for their roading and services obligations. This seemed reasonable and safe at the time – the obligations for the roading and services are in black and white and individually signed, and NIL was assuring the neighbours' provisions. The neighbours transferred 3.2 hectares of their land in good faith for considerations yet to come. Yes dumb, however there were also threats at the time that if they didn't transfer the land they would be sued for delaying the subdivision.
Neighbours of one block having doubts soon after, lodged caveats to protect their interest. These didn't prevent the subdivision works nor prevented NIL raising finance. Gold Band had loaned its $1.75m before the neighbours had transferred the land to NIL, and NIL generously permitted Gold Band to secure it spread over all 9 titles in the 25ha of residential and commercial land that was transferred to it. These caveators consented to Delta registering a $5M second mortgage behind their caveats on one of the 3.2 hectare lots as Delta and NIL had requested, on the basis Delta also assured that the credit and works they were securing included that for their subdivision which NIL was obligated to provide at the first stage of vesting.
As part of that process, and without the knowledge of the caveators, NIL, Gold Band and Delta entered into a Security Sharing Deed for the expressed reason "to allow sale / enforcement by DELTA if necessary so as to avoid caveat issues"; [emphasis added]. This back door arrangement is something that is expressly prohibited by the Land Transfer Act 1952 (power of sale) so as to defeat a known interest/right. Case law has established "If the designed object of a transfer be to cheat a man of a known existing right, that is fraudulent [for the purposes of the Land Transfer Act]".
NIL and Delta went on to renege on providing our roads and services. Delta kept advancing more and more credit without our consent. They "secured" their additional credit advances by "agreements to mortgage" over different titles which they then lodged caveats to protect. Delta's caveats (and Delta's second (and only) $5M mortgage) sit behind the neighbours caveats.
NIL, Gold Band, and Delta would have spent much more money in legal fees and court actions trying to defeat the known interests of the neighbours than it would have cost to provide the provisions. They are still trying to do this.
This constructive fraud may be good for Delta and its Security Sharing partners, for DCC and Dunedin ratepayers, but it would destroy many "neighbours" if it was permitted.
Hope that makes things a little clearer Diane. Thanks for caring.
Thanks to Colin for his reply. What I have read about Tom Kain (who died in 2014) leads me to believe that the man was an unrepentant bully.
I can't help feeling that both the Christchurch City Council and the Dunedin City Council have got some moral responsibility, even if not legal responsibility, to make this good for the original neighbours. Both LTAs are, or should be, authorities in the sense of knowing what's what in the area of land subdivision, should uphold their own rules and make sure illegal, substandard and non-complying work is not carried out by a developer or their contractors (especially, as in Delta's case, when they ARE the contractor).
Diane asks the above, Delta won't answer this question!!
If Delta are involved in bidding on the "mortgagee sale", they will definitely be "chasing their losses".
Any offerees proven to be involved with Delta should be charged with criminal conspiracy to further defraud. As should any Delta staff and directors.
The sale of Yaldhurst must be an arms length transaction, those arms not to include any of the advisors to Delta previously or they can be said to be benefitting from their own poor advice.
Being in the know with ready cash before a mortgagee sale is a good way to get a bargain, someone's trash (or 'trashed' asset) being someone else's treasure.
What I thought might've been a sleepy Monday, is not.
Our readership is engaging with the following top posts and pages (from a total of 58 posts hit since midnight), a concentration on Delta. After 13., the preoccupation (likely in anticipation of tonight's public meeting at South Dunedin) is with posts concerning the 3 June 2015 flood.
10. Delta #EpicFail Noble Subdivision : Gold Band Finance —The Little Finance Company that did (Delta).
i am utterly at a loss as to why anybody would wiilingly hand over land to a developer pretty much 'gratis' in return for a promise – however apparently 'cast iron' that promise was. Once an asset is out of your control, it can be freely used to beat you over the head. This the Yaldhust neighbours now know – and the Silver Fern Farm suppliers will shortly find out.
Was there an element of 'or else' to this NIL offer to the neighbours? Perhaps our well informed posters can enlighten me/us?
Rob: I am similarly at a loss as to how anyone could, as follows, convince: "the [Christchurch] city council, which was then drawing up its district plan, to rewrite it based on his vision of future development".
Rob. You're on the money.
The owners that handed over their land were on a hiding to nothing at the hands of an unscrupulous "developer" (NIL/Apple Fields Ltd (AFL)).
Yes they were threatened that if they didn't hand it over they would be sued for millions for holding up the development, and handing it over appeared to be a reasonable and safe decision "to allow the financing of theirs and NIL's subdivision requirements" as they were assured.
By handing it over they are still being given a hiding. They've spent hundreds of thousands fighting to protect their interest and to be included in the subdivision, and having to fight in court for it. NIL/AFL are countersuing for fifty million and finding other ways to defeat our interests through its Security Sharing Partners Gold Band and Delta.
This is unfortunately what we are up against.
Yes, as someone who fought the wars to keep the Apple and Pear marketing Board in business, I have no fond memories of Apple Fields or their methods – which don't seem to have changed much.
I wonder if the truth of the extent of the Christchurch City Council's involvement in this sorry business will ever be told. I hope so. Maybe they were frightened of Tom Kain, who seemed to threaten to sue everybody, and often did. I wouldn't be surprised if some of these aggrieved landowners had gone to the CCC for help and good advice, got none and ended up feeling that CCC was on Tom Kain's side. If so, CCC is still in a position to make this good.
CCC are still frightened Diane. Justin Prain has been alongside with Tom Kain all along and has made the threat of suing CCC very clear to them in public meetings. Deputy Major Vicki Buck expressed her concern's openly in public meetings. It is much easier for CCC to continue to support NIL and let them do whatever they want and to oppress the affected public and residents that brought to their attention the "seriously unsafe" non-complying roads CCC staff had permitted to be constructed illegally without consent and were trying to vest.
CCC are still denying the affected residents their legal rights under the RMA as affected parties to variations to their own subdivision consents (being made by NIL & Prain) that make their subdivisions impossible.
The truth has been well evidenced and told, but it appears it wont be heard by deaf ears until a Judge speaks and rules.
Having been offline for nearly a week due to shifting residence, I can't believe how this saga has developed. Thanks to CD we can see clearly that no-one in the Delta camp, either management, directors, or elected Mayor, have in any way done any due diligence (as if they understood the meaning of the word) whatsoever on the whole Noble Yaldhurst subdivision which seemed blighted from the beginning by dark historical connections dating back to previous times. Like babes following a trail of breadcrumbs they have all been led into the woods to the point where they are lost, frightened, and close to desperate. It proves one thing if nothing else, and that is if you pay top dollar for expertise it's no guarantee that you don't end up with monkeys. Once again, it's the ratepayers who look like the 'fall guys'.
Simples. They have their hands in your pockets – no problem – no accountability – no nuffink! Same with the South Dunedin drainage debacle. No accountability no surveillance no sense – just obfuscation and bullsh. Hansel and Gretel in charge.


For more information on how you can apply for a grant from one of the funds, please contact Melissa Kesterson at mkesterson@midlandfoundation.org.
upports the mission and maintenance of the Beaverton Activity Center and its program/project goals.
Provide grants to nonprofit organizations in support of the mission of the Midland Area Community Foundation. It is a donor advised fund, with DeVere, Carole and Brock Dennings being the donor-advisors. One succeeding generation (Brock's children) may also serve as donor-advisors. At such time as these advisors are no longer able or willing to serve in this capacity, distributions from the fund would support Gladwin County Endowment Fund.
To provide grants in support of educational initiatives, supplies and programs for Gladwin Community Schools. The educational initiatives, supplies and programs are to be recommended by the building principals at Gladwin Community Schools upon teacher requests.
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To support the work of the Gladwin County Youth Action Council.
The mission The Gladwin Kiwanis Dallas Falls Memorial Endowed Scholarship Fund is to provide annual scholarship awards for post-secondary education. Scholarship applications will be considered from high school seniors at the following schools: Gladwin, Beaverton High School, Skeels Christian School and Gladwin home schools.
To provide an annual scholarship award to a graduating senior of any Gladwin County High School who has a GPA or 3.0 or higher and is pursuing a ministry-related field of study. Preference will be give to those who want to be a pastor.
This fund was established to provide for the design, development and construction of the Rotary Splash Park at Ross Lake Park in Gladwin.
This fund provides an annual scholarship to a Gladwin County High School graduate who is pursuing a degree in a medical-related field, with preference given to those studying neuroscience or psychology. Applicants should have a minimum 3.5 GPA. Preference will be given to students who have worked a job during their high school years and to those who have been in dance.


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Тахир Мамедов:
Мамедов, Тахир Идаят оглы (род. 1946) — азербайджанский художник и фотограф.
Мамедов, Тахир Намикович (род. 1981) — российский телеведущий, актёр, продюсер, режиссёр и сценарист.

redpajama_set_name: RedPajamaWikipedia


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TEXAS DEPT. OF COMMUNITY AFFAIRS v. BURDINE
TEXAS DEPT. OF COMMUNITY AFFAIRS v. BURDINE, 450 U.S. 248 (1981)
TEXAS DEPT. OF COMMUNITY AFFAIRS v. BURDINE(1981)
Argued: December 9, 1980Decided: March 4, 1981
Respondent filed suit in Federal District Court, alleging, inter alia, that her termination of employment with petitioner was predicated on gender discrimination in violation of Title VII of the Civil Rights Act of 1964. The District Court found that the testimony for petitioner sufficiently had rebutted respondent's allegation of gender discrimination in the decision to terminate her employment. The Court of Appeals reversed this finding, holding that the defendant in a Title VII case bears the burden of proving by a preponderance of the evidence the existence of legitimate, nondiscriminatory reasons for the employment action and also must prove by objective evidence that those hired were better qualified than the plaintiff, and that the testimony for petitioner did not carry either of these burdens.
When the plaintiff in a Title VII case has proved a prima facie case of employment discrimination, the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its actions. Pp. 252-260.
(a) As set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , the basic allocation of burdens and order of presentation of proof in a Title VII case, is as follows. First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee's rejection." Id., at 802. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination. The defendant need not persuade the court that it was actually motivated by the proffered reasons, but it is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff's rejection. Pp. 252-256. [450 U.S. 248, 249]
(b) The Court of Appeals erred by requiring petitioner to prove by a preponderance of the evidence the existence of nondiscriminatory reasons for terminating respondent. By doing this, the court required much more than is required by McDonnell Douglas, supra, and its progency: it placed on petitioner the burden of persuading the court that it had convincing, objective reasons for preferring the chosen applicant above the respondent. Limiting the defendant's evidentiary obligation to a burden of production will not unduly hinder the plaintiff. Pp. 256-258.
(c) The Court of Appeals also erred in requiring petitioner to prove by objective evidence that the person hired was more qualified than respondent. It is the plaintiff's task to demonstrate that similarly situated employees were not treated equally, but the Court of Appeals' rule would require the employer to show that the plaintiff's objective qualifications were inferior to those of the person selected, and if it cannot, a court would, in effect, conclude that it has discriminated. The Court of Appeals' views can also be read as requiring the employer to hire the minority or female applicant whenever that person's objective qualifications were equal to those of a white male applicant. But Title VII does not obligate an employer to accord this preference. Rather, the employer has discretion to choose among equally qualified candidates, provided the decision is not based upon unlawful criteria. Pp. 258-259.
608 F.2d 563, vacated and remanded.
POWELL, J., delivered the opinion for a unanimous Court.
Gregory Wilson, Assistant Attorney General of Texas, argued the cause pro hac vice for petitioner. With him on the brief were Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, Lonny F. Zwiener, Assistant Attorney General, and Paul R. Gavia.
Hubert L. Gill argued the cause and filed a brief for respondent. *
[ Footnote * ] Robert E. Williams and Douglas S. McDowell filed a brief for the Equal Employment Advisory Council as amicus curiae urging reversal.
JUSTICE POWELL delivered the opinion of the Court.
This case requires us to address again the nature of the evidentiary burden placed upon the defendant in an employment [450 U.S. 248, 250] discrimination suit brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The narrow question presented is whether, after the plaintiff has proved a prima facie case of discriminatory treatment, the burden shifts to the defendant to persuade the court by a preponderance of the evidence that legitimate, nondiscriminatory reasons for the challenged employment action existed.
Petitioner, the Texas Department of Community Affairs (TDCA), hired respondent, a female, in January 1972, for the position of accounting clerk in the Public Service Careers Division (PSC). PSC provided training and employment opportunities in the public sector for unskilled workers. When hired, respondent possessed several years' experience in employment training. She was promoted to Field Services Coordinator in July 1972. Her supervisor resigned in November of that year, and respondent was assigned additional duties. Although she applied for the supervisor's position of Project Director, the position remained vacant for six months.
PSC was funded completely by the United States Department of Labor. The Department was seriously concerned about inefficiencies at PSC. 1 In February 1973, the Department notified the Executive Director of TDCA, B. R. Fuller, that it would terminate PSC the following month. TDCA officials, assisted by respondent, persuaded the Department to continue funding the program, conditioned upon PSC's reforming its operations. Among the agreed conditions were the appointment of a permanent Project Director and a complete reorganization of the PSC staff. 2
After consulting with personnel within TDCA, Fuller hired [450 U.S. 248, 251] a male from another division of the agency as Project Director. In reducing the PSC staff, he fired respondent along with two other employees, and retained another male, Walz, as the only professional employee in the division. It is undisputed that respondent had maintained her application for the position of Project Director and had requested to remain with TDCA. Respondent soon was rehired by TDCA and assigned to another division of the agency. She received the exact salary paid to the Project Director at PSC, and the subsequent promotions she has received have kept her salary and responsibility commensurate with what she would have received had she been appointed Project Director.
Respondent filed this suit in the United States District Court for the Western District of Texas. She alleged that the failure to promote and the subsequent decision to terminate her had been predicated on gender discrimination in violation of Title VII. After a bench trial, the District Court held that neither decision was based on gender discrimination. The court relied on the testimony of Fuller that the employment decisions necessitated by the commands of the Department of Labor were based on consultation among trusted advisers and a nondiscriminatory evaluation of the relative qualifications of the individuals involved. He testified that the three individuals terminated did not work well together, and that TDCA thought that eliminating this problem would improve PSC's efficiency. The court accepted this explanation as rational and, in effect, found no evidence that the decisions not to promote and to terminate respondent were prompted by gender discrimination.
The Court of Appeals for the Fifth Circuit reversed in part. 608 F.2d 563 (1979). The court held that the District Court's "implicit evidentiary finding" that the male hired as Project Director was better qualified for that position than respondent was not clearly erroneous. Accordingly, the court affirmed the District Court's finding that respondent was not discriminated against when she was not promoted. The [450 U.S. 248, 252] Court of Appeals, however, reversed the District Court's finding that Fuller's testimony sufficiently had rebutted respondent's prima facie case of gender discrimination in the decision to terminate her employment at PSC. The court reaffirmed its previously announced views that the defendant in a Title VII case bears the burden of proving by a preponderance of the evidence the existence of legitimate nondiscriminatory reasons for the employment action and that the defendant also must prove by objective evidence that those hired or promoted were better qualified than the plaintiff. The court found that Fuller's testimony did not carry either of these evidentiary burdens. It, therefore, reversed the judgment of the District Court and remanded the case for computation of backpay. 3 Because the decision of the Court of Appeals as to the burden of proof borne by the defendant conflicts with interpretations of our precedents adopted by other Courts of Appeals, 4 we granted certiorari. 447 U.S. 920 (1980). We now vacate the Fifth Circuit's decision and remand for application of the correct standard.
In McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), we set forth the basic allocation of burdens and order of presentation of proof in a Title VII case alleging discriminatory treatment. 5 First, the plaintiff has the burden of proving by [450 U.S. 248, 253] the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee's rejection." Id., at 802. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination. Id., at 804.
The nature of the burden that shifts to the defendant should be understood in light of the plaintiff's ultimate and intermediate burdens. The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff. See Board of Trustees of Keene State College v. Sweeney, 439 U.S. 24, 25 , n. 2 (1978); id., at 29 (STEVENS, J., dissenting). See generally 9 J. Wigmore, Evidence 2489 (3d ed. 1940) (the burden of persuasion "never shifts"). The McDonnell Douglas division of intermediate evidentiary burdens serves to bring the litigants and the court expeditiously and fairly to this ultimate question.
The burden of establishing a prima facie case of disparate treatment is not onerous. The plaintiff must prove by a proponderence of the evidence that she applied for an available position for which she was qualified, but was rejected under circumstances which give rise to an inference of unlawful discrimination. 6 The prima facie case serves an important [450 U.S. 248, 254] function in the litigation: it eliminates the most common nondiscriminatory reasons for the plaintiff's rejection. See Teamsters v. United States, 431 U.S. 324, 358 , and n. 44 (1977). As the Court explained in Furnco Construction Corp. v. Waters, 438 U.S. 567, 577 (1978), the prima facie case "raises an inference of discrimination only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors." Establishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee. If the trier of fact believes the plaintiff's evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case. 7
The burden that shifts to the defendant, therefore, is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason. The defendant need not persuade the court that it was actually motivated by the proffered reasons. See Sweeney, supra, at 25. It is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. 8 [450 U.S. 248, 255] To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff's rejection. 9 The explanation provided must be legally sufficient to justify a judgment for the defendant. If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted, 10 and the factual inquiry proceeds to a new level of specificity. Placing this burden of production on the defendant thus serves simultaneously to meet the plaintiff's prima facie case by presenting a legitimate reason for the action and to frame the factual issue with sufficient clarity so that the [450 U.S. 248, 256] plaintiff will have a full and fair opportunity to demonstrate pretext. The sufficiency of the defendant's evidence should be evaluated by the extent to which it fulfills these functions.
The plaintiff retains the burden of persuasion. She now must have the opportunity to demonstrate that the proffered reason was not the true reason for the employment decision. This burden now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination. She may succeed in this either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence. See McDonnell Douglas, 411 U.S., at 804 -805.
In reversing the judgment of the District Court that the discharge of respondent from PSC was unrelated to her sex, the Court of Appeals adhered to two rules it had developed to elaborate the defendant's burden of proof. First, the defendant must prove by a preponderence of the evidence that legitimate, nondiscriminatory reasons for the discharge existed. 608 F.2d, at 567. See Turner v. Texas Instruments, Inc., 555 F.2d 1251, 1255 (CA5 1977). Second, to satisfy this burden, the defendant "must prove that those he hired . . . were somehow better qualified than was plaintiff; in other words, comparative evidence is needed." 608 F.2d, at 567 (emphasis in original). See East v. Romine, Inc., 518 F.2d 332, 339-340 (CA5 1975).
The Court of Appeals has misconstrued the nature of the burden that McDonnell Douglas and its progeny place on the defendant. See Part II, supra. We stated in Sweeney that "the employer's burden is satisfied if he simply `explains what he has done' or `produc[es] evidence of legitimate nondiscriminatory reasons.'" 439 U.S., at 25 , n. 2, quoting id., at 28, 29 (STEVENS, J., dissenting). It is plain that the Court [450 U.S. 248, 257] of Appeals required much more: it placed on the defendant the burden of persuading the court that it had convincing, objective reasons for preferring the chosen applicant above the plaintiff. 11
The Court of Appeals distinguished Sweeney on the ground that the case held only that the defendant did not have the burden of proving the absence of discriminatory intent. But this distinction slights the rationale of Sweeney and of our other cases. We have stated consistently that the employee's prima facie case of discrimination will be rebutted if the employer articulates lawful reasons for the action; that is, to satisfy this intermediate burden, the employer need only produce admissible evidence which would allow the trier of fact rationally to conclude that the employment decision had not been motivated by discriminatory animus. The Court of Appeals would require the defendant to introduce evidence which, in the absence of any evidence of pretext, would persuade the trier of fact that the employment action was lawful. This exceeds what properly can be demanded to satisfy a burden of production.
The court placed the burden of persuasion on the defendant apparently because it feared that "[i]f an employer need [450 U.S. 248, 258] only articulate - not prove - a legitimate, nondiscriminatory reason for his action, he may compose fictitious, but legitimate, reasons for his actions." Turner v. Texas Instruments, Inc., supra, at 1255 (emphasis in original). We do not believe, however, that limiting the defendant's evidentiary obligation to a burden of production will unduly hinder the plaintiff. First, as noted above, the defendant's explanation of its legitimate reasons must be clear and reasonably specific. Supra, at 255. See Loeb v. Textron, Inc., 600 F.2d 1003, 1011-1012, n. 5 (CA1 1979). This obligation arises both from the necessity of rebutting the inference of discrimination arising from the prima facie case and from the requirement that the plaintiff be afforded "a full and fair opportunity" to demonstrate pretext. Second, although the defendant does not bear a formal burden of persuasion, the defendant nevertheless retains an incentive to persuade the trier of fact that the employment decision was lawful. Thus, the defendant normally will attempt to prove the factual basis for its explanation. Third, the liberal discovery rules applicable to any civil suit in federal court are supplemented in a Title VII suit by the plaintiff's access to the Equal Employment Opportunity Commission's investigatory files concerning her complaint. See EEOC v. Associated Dry Goods Corp., 449 U.S. 590 (1981). Given these factors, we are unpersuaded that the plaintiff will find it particularly difficult to prove that a proffered explanation lacking a factual basis is a pretext. We remain confident that the McDonnell Douglas framework permits the plaintiff meriting relief to demonstrate intentional discrimination.
The Court of Appeals also erred in requiring the defendant to prove by objective evidence that the person hired or promoted was more qualified than the plaintiff. McDonnell Douglas teaches that it is the plaintiff's task to demonstrate that similarly situated employees were not treated equally. 411 U.S., at 804 . The Court of Appeals' rule would require [450 U.S. 248, 259] the employer to show that the plaintiff's objective qualifications were inferior to those of the person selected. If it cannot, a court would, in effect, conclude that it has discriminated.
The court's procedural rule harbors a substantive error. Title VII prohibits all discrimination in employment based upon race, sex, and national origin. "The broad, overriding interest, shared by employer, employee, and consumer, is efficient and trustworthy workmanship assured through fair and . . . neutral employment and personnel decisions." McDonnell Douglas, supra, at 801. Title VII, however, does not demand that an employer give preferential treatment to minorities or women. 42 U.S.C. 2000e-2 (j). See Steel-workers v. Weber, 443 U.S. 193, 205 -206 (1979). The statute was not intended to "diminish traditional management prerogatives." Id., at 207. It does not require the employer to restructure his employment practices to maximize the number of minorities and women hired. Furnco Construction Corp. v. Waters, 438 U.S. 567, 577 -578 (1978).
The views of the Court of Appeals can be read, we think, as requiring the employer to hire the minority or female applicant whenever that person's objective qualifications were equal to those of a white male applicant. But Title VII does not obligate an employer to accord this preference. Rather, the employer has discretion to choose among equally qualified candidates, provided the decision is not based upon unlawful criteria. The fact that a court may think that the employer misjudged the qualifications of the applicants does not in itself expose him to Title VII liability, although this may be probative of whether the employer's reasons are pretexts for discrimination. Loeb v. Textron, Inc., supra, at 1012, n. 6; see Lieberman v. Gant, 630 F.2d 60, 65 (CA2 1980).
In summary, the Court of Appeals erred by requiring the defendant to prove by a preponderance of the evidence the [450 U.S. 248, 260] existence of nondiscriminatory reasons for terminating the respondent and that the person retained in her stead had superior objective qualifications for the position. 12 When the plaintiff has proved a prima facie case of discrimination, the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its actions. The judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.
[ Footnote 1 ] Among the problems identified were overstaffing, lack of fiscal control, poor bookkeeping, lack of communication among PSC staff, and the lack of a full-time Project Director. Letter of March 20, 1973, from Charles Johnson to B. R. Fuller, reprinted in App. 38-40.
[ Footnote 2 ] See id., at 39.
[ Footnote 3 ] The Court of Appeals also vacated the District Court's judgment that petitioner did not violate Title VII's equal pay provision, 42 U.S.C. 2000e-2 (h), but that decision is not challenged here.
[ Footnote 4 ] See, e. g., Lieberman v. Gant, 630 F.2d 60 (CA2 1980); Jackson v. U.S. Steel Corp., 624 F.2d 436 (CA3 1980); Ambush v. Montgomery County Government, 22 FEP Cases 1101 (CA4 1980); Loeb v. Textron, Inc., 600 F.2d 1003 (CA1 1979). But see Vaughn v. Westinghouse Elec. Corp., 620 F.2d 655 (CA8 1980), cert. pending, No. 80-276.
[ Footnote 5 ] We have recognized that the factual issues, and therefore the character of the evidence presented, differ when the plaintiff claims that a facially neutral employment policy has a discriminatory impact on protected classes. See McDonnell Douglas, 411 U.S., at 802 , n. 14; Teamsters v. United States, 431 U.S. 324, 335 -336, and n. 15 (1977).
[ Footnote 6 ] In McDonnell Douglas, supra, we described an appropriate model for a prima facie case of racial discrimination. The plaintiff must show:
"(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications." 411 U.S., at 802 .
We added, however, that this standard is not inflexible, as "[t]he facts necessarily will vary in Title VII cases, and the specification above [450 U.S. 248, 253] of the prima facie proof required from respondent is not necessarily applicable in every respect in differing factual situations." Id., at 802, n. 13.
In the instant case, it is not seriously contested that respondent has proved a prima facie case. She showed that she was a qualified woman who sought an available position, but the position was left open for several months before she finally was rejected in favor of a male, Walz, who had been under her supervision.
[ Footnote 7 ] The phrase "prima facie case" not only may denote the establishment of a legally mandatory, rebuttable presumption, but also may be used by courts to describe the plaintiff's burden of producing enough evidence to permit the trier of fact to infer the fact at issue. 9 J. Wigmore, Evidence 2494 (3d ed. 1940). McDonnell Douglas should have made it apparent that in the Title VII context we use "prima facie case" in the former sense.
[ Footnote 8 ] This evidentiary relationship between the presumption created by a prima facie case and the consequential burden of production placed on the defendant is a traditional feature of the common law. "The word `presumption' properly used refers only to a device for allocating the production burden." F. James & G. Hazard, Civil Procedure 7.9, p. 255 (2d ed. 1977) (footnote omitted). See Fed. Rule Evid. 301. See generally 9 J. Wigmore, Evidence 2491 (3d ed. 1940). Cf. J. Maguire, Evidence, Common Sense and Common Law 185-186 (1947). Usually, assessing the burden of production helps the judge determine whether the litigants have created an issue of fact to be decided by the jury. In a Title VII case, the allocation of burdens and the creation of a presumption by the establishment of a prima facie case is intended progressively to sharpen the inquiry into the elusive factual question of intentional discrimination.
[ Footnote 9 ] An articulation not admitted into evidence will not suffice. Thus, the defendant cannot meet its burden merely through an answer to the complaint or by argument of counsel.
[ Footnote 10 ] See generally J. Thayer, Preliminary Treatise on Evidence 346 (1898). In saying that the presumption drops from the case, we do not imply that the trier of fact no longer may consider evidence previously introduced by the plaintiff to establish a prima facie case. A satisfactory explanation by the defendant destroys the legally mandatory inference of discrimination arising from the plaintiff's initial evidence. Nonetheless, this evidence and inferences properly drawn therefrom may be considered by the trier of fact on the issue of whether the defendant's explanation is pretextual. Indeed, there may be some cases where the plaintiff's initial evidence, combined with effective cross-examination of the defendant, will suffice to discredit the defendant's explanation.
[ Footnote 11 ] The court reviewed the defendant's evidence and explained its deficiency:
"Defendant failed to introduce comparative factual data concerning Burdine and Walz. Fuller merely testified that he discharged and retained personnel in the spring shakeup at TDCA primarily on the recommendations of subordinates and that he considered Walz qualified for the position he was retained to do. Fuller failed to specify any objective criteria on which he based the decision to discharge Burdine and retain Walz. He stated only that the action was in the best interest of the program and that there had been some friction within the department that might be alleviated by Burdine's discharge. Nothing in the record indicates whether he examined Walz' ability to work well with others. This court in East found such unsubstantiated assertions of `qualification' and `prior work record' insufficient absent data that will allow a true comparison of the individuals hired and rejected." 608 F.2d, at 568.
[ Footnote 12 ] Because the Court of Appeals applied the wrong legal standard to the evidence, we have no occasion to decide whether it erred in not reviewing the District Court's finding of no intentional discrimination under the "clearly erroneous" standard of Federal Rule of Civil Procedure 52 (a). Addressing this issue in this case would be inappropriate because the District Court made no findings on the intermediate questions posed by McDonnell Douglas. [450 U.S. 248, 261]


From Pohara we headed south. A long long driving day through some beautiful mountains of the north west. We planned to stop near the Pancake Rocks at Punakaiki. We booked a family cottage at Nikau retreat. We arrived around 5pm and were happy to see that the spread sheet didn't let us down again! (Thanks Ev, Mom and Dad!). Our cottage was fully equipped….and tucked right into the rain forest. We had a curry dinner a la Rich outside on the picnic table/patio. Cards and games topped our night off. Wilson still really doesn't like cards and prefers Cluedo as the family game. We sometimes rope him into a game of SkipBo or Phase10 (Lulu's fav. Cards)….oh and Uno usually is ok. Rich and I haven't been keeping up with playing cards against eachother…..this travelling with kids and planning the next day activities and trying to run in am (sleep on time) and writing a blog….really has kept us busy. Maybe in the Islands we will have our tournament of crib!
Pancake rocks were still cool…even though I have seen before. Rich took off taking pictures and the kids and I wandered through looking at the rocks, the blow holes and the surge caves.
Today is another long driving day…and maybe some hiking to the glaciers….except …BOY OH BOY is it raining. Rain and fog and the cool temps of the mountains hindered our spirit for hiking and the views that we would be afforded. So, drive and homework won!
Arriving in Haast at the very south of the glaciers/famous Fox and Franz Joseph Glaciers….is uninspiring. Greta Craig…you were right!!! We should have turned left and headed inland! Oh well. This is our landing spot for our BIG HUGE NZ ADVENTURE of Heli-rafting. That's right. Helicopter in, set up camp (and your raft) and camp out the night. Then in am….a grade 2-3 rapid adventure down the river back to Haast. Rich and I researched this, booked this and paid good $ for this months ago with our planning. The kids are nervous but excited. Rich and I are PUMPED…..but ….apparently we didn't check our Farmer's Almanac well in advance. The weather Gods had a different idea.
In the midst of heavy downpours…Rich ran into the motel to check us in…only to run back out to the car with my cell phone in hand…shaking his head. "What?" I asked. "Heli-rafting?" "Cancelled"????? He nodded and smiled…b/c what else are your supposed to do when the nice lady is saying in your ear…."Due to unexpected terrible weather and dangerous water levels we won't be able to take your family on the trip!" ARGH. She did offer us a different river…without helicopter….Much cheaper (the good part)…but 3 hours back UP NORTH where we had just come from (the very bad part). We said we would think about it and call her back.
But Rich had more surprises…. With a smile he says "Oh, and we don't have a reservation here….she says try the holiday park down the road!" What? Our spreadsheet is letting us down…can't be! I have a reservation I know it…and our spreadsheet says this address…..so…..now where?!
We drive to the holiday park and Rich again gets out and dashes through the torrents into the reception area. Wilson follows while Lulu and I start discussing the possibilities for changing plans re:rafting. Wilson returns…."bad news Mom…no reservation there either!"…. This can't be. My turn to run in and join Rich at the counter. Rich gave me the 'whoa…take it easy' look as the nice lady behind the desk really was trying to help us. She was calling around to the few other motels and asking for us. 'Anyone have a booking for Trenholm?'. All the while….many many many other travelers were coming up to the counter enquiring for rooms for the night. The tenters were begging for a room vs. their booked outdoor camp site…..b/c of the huge amount of rain coming down and being promised overnight/tomorrow (up to 50mm)! 'Sorry…we are full' was the polite answer. If we don't find our reservation…we are sleeping in the car! The kids are NOT keen on that! 'Are you serious mom?'…..deadly! The next town is a 3hour drive away!
…but kind woman behind the desk comes through!!!! YEAH!!!! She found where we were supposed to be…which is aptly named River motel and holiday park….whatever…it is OUR ROOM. It is a backpacker lodge…and will do just fine for one night. Dry and warm! We drop our stuff and head to the pub for dinner, beer and planning…what next?!
Decision made….no rafting. We let Kristen at Ecorafting know…and tried to find a place to stay the extra night..in Wanaka. Everywhere is super super full b/c it is holiday time here. We finally find an (overpriced) Airbnb and book it. And back to finding ways to spend our "savings"!
It rained and rained and rained over night….happy we have a dry place to lay our heads. The drive the next day through Haast pass…again…very wet. But my oh my…so beautiful with waterfalls literally falling off of every rock face next to the road. Rich and I had some laughs getting wet taking picture…the kids…dry in the car. They are getting tired of "adventure mom and dad style"! We must remember Haast Pass for next visit. And hiking the Rob Roy glacier (on the inland side of the pass) on the way to Wanaka or using Wanaka as a base. Mount Aspiring is definitely inspiring.
Wanaka turned out to be great fun. We went to Puzzle World and watched movies in the downstairs of our Airbnb. The hostel the next night was like a motel…more dvd GLEE time and a dinner out at The COW! (good pasta and pizza).
Then we found the BEST adventure with Wanaka Wildwire. It is a high ropes/rock climbing water fall climb adventure. Wilson had some nerves…but quickly conquered it! There were parts that even made my bum feel funny (Walker!). So much fun, amazing views and great achievement to climb up next to the wet waterfall. A MUST do for everyone who visits.
Again, some running for mom and dad…and a playground for the kids…which makes everyone happier…..
Te Anau and exploring Milford Sound was next on our list….still having fun driving on the wrong side of the road!
We have a great house/cottage in Te Anau next to the host's house. They have three boys…and horses and ponies and sheep and dogs and a bunny! HEAVEN for Wilson and Lulu. We enjoyed 4 nights stay, a rom-com marathon with Lulu, Lord of the Rings viewing by Rich and Wilson, bubble bath, yoga and running –including a 10km trail run together!…..and lots of time with the animals and neighbors. Lulu got to ride the pony (Bonnie) and feed the lambs. Wilson built a fort and enjoyed time with boys his age.
….but we managed to do a great walk called Key Summit. Great views and not too hard..but hard enough and it was 2.5hrs. Everyone was satisfied with that.
We also saw the Sound and other stops along the drive.
And fun at the playground….someone is too heavy for the zip line though!
Leaving Te Anau we were headed to one of the BEST parts of NZ…Mount Cook. We had an overnight in a wee town named Cromwell.
Rich – post margarita…Who thinks this is a good idea?
(see Rich in back holding neck!)…Lulu terrified of the wheel!
Rich – in therapy all ready.
a great Mexican dinner…..AND go cart racing! Lulu was SO MAD at me for going too fast in our tandem car….so amongst the tears from Lulu…the boys sped past us! (a number of times).
Amazing hiking, views and only a few grumpy moments from the children.
but also had ….FLEAS?! YUCK. Itching, itching and many many loads of laundry later…..I think we are clear….but the itching continues (can't help the memory!). We had a great stay and learned a lot at the museum about Sir Edmund Hillary too.
Off to more adventure…and less itchiness!
What a great blog Deb! Fab pix of you four having fun and those mountains look incredible!!! Lots of great tips for when Dave + I plan our NZ trip.
That is awesome – we are already signed up with the Wild Wire Wanaka – so cool to see – I love how you guys always go with the flow – what an incredible memories you have made. Wish we were meeting up – we leave on Tuesday just as you are probably getting home xoxox safe travels.
It was fun to backtrack from Tasmania to My favorite place in the world: New Zealand. Thank you so much for your blog Deb!
Too bad about the rain but the photos are fantastic and you guys are real troopers!
Awesome pictures ! We love reading about your daily adventures! Sending hugs from Sudbury!
Not sure how you are ever going to come back!
Have to have energy to keep up to that guy I married!
Have fun…we loved the traffic! Try banana ice cream says Wilson! Stay safe and see you at home to compare stories and pics!


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UBS Group AG is weighing acquisitions and joint ventures for its asset management business to help it compete with larger rivals, people with knowledge of the matter said.
Targets could include UK and US asset managers focused on retail clients, and specialized asset managers in areas such as real estate, the people said, asking not to be identified because the deliberations are private.
Senior executives at the Zurich-based bank think the US$800 billion asset manager needs more scale to compete internationally, two of the people said.
The bank is unlikely to make any single very large acquisition, the people said.
Building scale has become a key topic for asset managers across Europe amid sustained pressure from larger, more technologically advanced US rivals who can undercut their fees.
Recent consolidation in the industry has included the combination of Standard Life PLC and Aberdeen Asset Management PLC.
UBS has enough capital buildup to consider deals again after shunning acquisitions, the people said.
Asset management unit head Ulrich Koerner has been overhauling the unit since 2014, disposing of assets and pushing into passive-strategy products, which now account for nearly 40 percent of assets managed.
That has helped reverse outflows, but reduced margins. Pre-tax profit in the six months through June was lowest in two years and less than 5 percent of UBS' total.
Koerner, at the bank's investor day in London last week, said that the unit could consider deals after not being in a position to do so for years, although the principal strategy remains organic growth.
He said he expects companies managing between 50 billion and 500 billion Swiss francs (US$49.8 billion and US$497.7 billion) are most likely to be bought as the industry consolidates.
Koerner increased job cuts earlier this year.
The unit eliminated at least 100 positions in areas including distribution, one of the people said, asking not to be identified because the cuts are private.
This story has been viewed 1873 times.


text:
using System;
using System.Collections.Generic;
using System.Linq;
using System.Text;

namespace StatisticalLibrary
{
    public class CumulativeFrequencyClass
    {
        private int _less, _greater;

        public int LessThan { get { return _less; } }
        public int GreaterThan { get { return _greater; } }

        public CumulativeFrequencyClass(int lessthan, int greaterthan)
        {
            _less = lessthan;
            _greater = greaterthan;
        }

        public bool isEncapsulated(int value)
        {
            return (_less <= value && _greater >= value);
        }

    }
}

redpajama_set_name: RedPajamaGithub


text:
Delegation of the European Union to Botswana and SADC
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Africa-Europe Alliance: EU boosts pan-African Internet connectivity with €30 million
Today, the EU has announced additional €30 million for the project "AfricaConnect", that will provide affordable, high-capacity Internet for research and education networks across Africa.
Author: Press and information team of the Delegation to BOTSWANA - Publication date: 20/12/2019
Languages: العربية press Category: Statements by the HR/VP Regions: Africa Angola Benin Botswana Burkina Faso Burundi Cabo Verde Cameroon Central African Republic Comoros Congo (Brazzaville) Côte d'Ivoire Djibouti DR Congo (Kinshasa) Equatorial Guinea Eritrea Eswatini Ethiopia Gabon Gambia
Local statement on the execution of Mr Mooketsi Kgosibodiba.
The European Union Delegation, the EU Heads of Mission in Botswana and the Heads of Mission of Australia and Canada accredited to Botswana issue the following statement:
The European Union reaffirms today its support to the universal ban on chemical weapons. It is a tribute to all those who have lost their lives or loved ones and suffered harm from chemical weapons as well as a commitment to promoting peace and security. The Chemical Weapons Convention and the
Stop violence against women: Statement by the European Commission and the High Representative
Languages: 日本語 press Category: Joint Statements Regions: Africa Angola Benin Botswana Burkina Faso Burundi Cabo Verde Cameroon Central African Republic Comoros Congo (Brazzaville) Côte d'Ivoire Djibouti DR Congo (Kinshasa) Equatorial Guinea Eritrea Eswatini Ethiopia Gabon Gambia Ghana Guinea
Remarks by Ambassador SADEK at the Youth Climate Change Festival
The effects of climate change are evident in Botswana and all around the globe with increasing drought periods, sea level rising and extreme weather events.
Declaration by the High Representative on behalf of the EU on the occasion of the International Day to End Impunity for Crimes against Journalists – 2nd November 2019
Freedom of expression, in all its forms, is the very essence of democracy. Only with a thriving, free and independent media landscape, we can hold governments, businesses and society at large accountable. And precisely for this fundamental right, far too often, journalists and media workers are
Statement by High Representative/Vice-President Federica Mogherini on the occasion of the United Nations Day
On 24 October we celebrate the laying of the first stone of the most universal multilateral project in history: the United Nations. On this day back in 1945, the UN Charter entered into force and since then, the organisation has worked to deliver on peace, sustainable development and human rights –
Central Mediterranean Route: Protecting migrants and managing irregular flows
The European Union and its Member States have progressively put in place a comprehensive external migration policy and strengthened the work along the Central Mediterranean route. Saving and protecting the lives of migrants and refugees, breaking the business model of smugglers and traffickers and
Joint Declaration by the EU High Representative for Foreign Affairs and Security Policy and the Secretary General of the Council of Europe on the European and World Day against the Death Penalty
The European Union (EU) and the Council of Europe firmly oppose the death penalty at all times and in all circumstances. The death penalty is a cruel, inhuman and degrading punishment contrary to the right to life. The death penalty means revenge, not justice, and its abolition contributes to the
General information about GRANTS
What are grants
P.O. Box 1253, Gaborone, Botswana
Address: Plot 758 Robinson Rd, Extension 2, Gaborone
Delegation-botswana@eeas.europa.eu


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With the recent departure of Terrence Brannigan from the Board and indeed Chair of Glentoran Football club, the Glentoran Community Trust were delighted to learn that one of the GCT representatives, Stephen Henderson, was subsequently elected by his fellow board members to serve as new Chairman of Glentoran Football Club.
Stephens' elevation to Chairman means that he must now (in accordance with GFC Articles of Association) become a member of the "Coates Trust". Whilst Stephen still remains a member of the "Glentoran Community Trust", as a "Coates Trust" rep we felt he was no longer in a position to represent the GCT, and thus a vacancy had arisen for one of the 2 GCT positions of the board of Glentoran Football Club.
After due consideration, the GCT Board proposed Richard McGuinness as Stephens' replacement, and this was duly approved by the Glentoran FC board on 12th August 2014.
Just to recap: Richard has been a member of the GCT since inception, and indeed was Chairman of the Trust for a number of years. Richard's professional career brings to the table considerable experience in the telecoms sector, project management and finance, and whilst we are reluctant to lose him from the GCT Board, we are in no doubt he will prove a valuable asset alongside John Moore on the board of Glentoran Football Club. Richard's primary role at the club will be on the finance committee.
New GCT Board member – Ray Cordner
As a further consequence, the GCT Board we're now also minus a member, and in advance of the next GCT Annual General Meeting the GCT Board have moved to co-opt Ray Cordner as Richards replacement. Ray was already a GCT member and has been very supportive of the Trust in all that we do. We're delighted to have him on board, and indeed he has already proved a very worthy addition to the team as we work on a number of projects we are hosting in the coming months.
Rays position as a GCT Board member will need to be approved by the GCT membership, should he choose to run for election at the next AGM.


I remember my first day in grade six art class. Art class was different in the older grades; bigger, more serious. It wasn't just a segment of time during the day where you put your math book or your writing book inside your desk and took out your pencil crayons. It was serious stuff. You went to a completely different classroom with a completely different teacher whose sole purpose was to teach art. Mrs. Jolly with her long blonde hair, had long been a fixture of the art room but this year, my first year in a real art class, she was gone and in her place was a man; a small, plump, brown sparrow of a man. Like all my teachers, he was of indiscriminate age; from the vantage point of an eleven year old, somewhere between an Egyptian Mummy and a Pterodactyl. Looking back, I suspect he was middle-aged but through the lens of childhood I can't quite pinpoint which decade of middle-age he may have fallen into.
He had a fringe of dark brown hair, dark chocolate brown eyes, olive skin and I would come to know that he always wore a brown suit and brown shoes beneath the white lab coat that he buttoned tightly around his plump mid-section. He had thick sausage fingers that looked like they should be clumsy but were actually deft and confident in their movements ... and he bustled. He never sauntered, never meandered. He had a crisp, purposeful stride that translated into a bustle because of his short legs. Mr. Polloway was his name. If I ever knew his first name, it escapes me now, but he was my first mentor. But I didn't know that yet, on that first September morning that I sat at the long table in his classroom.
He handed out sheets of art paper. We had our pencils. He gave us an assignment: draw your hand. I saw my classmates, all of my classmates, slap their non-dominant hands, palm down on their paper and begin tracing an outline and later embellishing with some lines for fingernails and skin creases. But I picked up a second pencil, placed it in my left hand as if I was going to draw with that one too, and began to copy what I saw. The assignment was timed and when we were done Mr Polloway strode up and down the room looking over shoulders at the work that had been done. He looked mildly frustrated, made some exasperated noises, and then he came behind my back and looked down at my work. Suddenly he was excited. He took my paper and held it aloft. I don't recall exactly what he said, but I swelled with pride from having my drawing held up as an example to the class, despite not usually being fond of being the center of attention. From that day on, I was his protegè. He must have sensed some kinship with this quiet, artistic eleven year old girl and he wasn't about to let me move on to high school without encouraging my talent to blossom. He took me under his wing, had me come in after class some days to help spearhead upcoming class projects. He acted like he truly valued my opinion and gave me extra tips, and crowed about my artwork at regular intervals. In his class, I felt special. I was "the artist" among my peers. I felt invincible then. Under his tutelage I was a powerhouse of confidence and productivity. My Christmas painting hung in the front window of a downtown art gallery as part of a children's art exhibit. I was given the honour of choosing and leading a small team of classmates to paint murals on the plywood construction barricades in the shopping mall across from the school, and I helped him do the additional artwork for decorating the school for the Captain Cook Bicentennial celebrations. I wish I had understood the incredible gift of mentorship that I was being given then, but as a child that was not yet clear to me. He helped me to believe in myself, my talent, my potential. The teenage years did their best to erode that, but he had laid the foundation that would eventually hold me in good stead.
I wonder now if he is an old man, still in his brown suits, still making art, or whether he has long since passed away from age or illness. I don't know his first name or whether he maintained an art career outside of teaching. Was he married? Did he have children of his own? What was his story outside the art room at Captain James Cook Elementary? Sadly, I have no idea. But today I raise my glass in a toast and a heartfelt thank you to him, and all the Mr. Polloway's of the world who help foster the dreams and creativity of children, and instill in them the seeds that may lay dormant for awhile, but eventually take root and enrich their lives immeasurably.
If you enjoy my paintings, please whisper a little "thank you" to Mr. Polloway for helping lay the path to bring my art into the world.
Newer PostThe Most Fun You Can Have Without Breaking the Law!


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Can YOU find the WMDs Barney?
Last Chance to See (Part 2)
The TPP Deal That Will Cut Medicare
By TMC in Congress, Politics
Last week many received an e-mail from Democracy for America claiming the Trans-Pacific Partnership (TPP) would cut Medicare for senior citizens by $700 million:
There's a big — brand new — attack on Medicare that's just been added in the Senate to the Fast Track bill for the TPP. The bill would cut a whopping $700 million from Medicare, hurting seniors who need access to health care.
That's right, Republicans insisted on cutting Medicare spending to pay for a Trade Adjustment Assistance program that Democrats got added to the bill in order to support workers who lost their jobs due to trade deals like the TPP.
A few bloggers were a little confused by this claim and dug a little deeper.
Lambert Strether, at naked capitalism, had a few good questions:
1) Has Trade Adjustment Assistance been added to the TPP Fast Track bill?
2) Has $700 million been cut from Medicare as a result?
3) Does Trade Adjustment Assistance serve any public purpose?
The answer to question #1 is No.
The Trade Adjustment Assistance Act (TAA) and the Trade Promotion Authority ("Fast Track") are separate pieces of legislation, so when DFA says that TAA has "just been added in the Senate to the Fast Track bill for the TPP," that's not correct. Still, that doesn't mean that a deal wasn't cut, and that seems to be just what's happened. [..]
And the bills indeed moved in tandem; the Senate voted for closure of both Fast Track and TAA last Thursday, May 14.
The answer to #2 is Yes. The cut is in the TAA. It was added by Republicans who insisted that the cost of bill be offset:
The Trade Adjustment Assistance Act, sponsored by Rep. David Reichert (R-Wash.), would rely on $700 million in reduced Medicare spending in 2024 to pay for [sic] healthcare coverage and other benefits for workers who lose coverage because of any agreements negotiated under fast-track trade authority sought by President Barack Obama.
The $700 million in savings would be achieved by increasing Medicare cuts that were part of the sequester by 0.25% in 2024.
Lambert points out the more colorful language from the National Journal
Apparently using Medicare as a piggy bank to pay for [sic] everything under the sun has become the new legislative norm for Congress," Max Richtman, president and CEO of the National Committee to Preserve Social Security and Medicare, said in a statement to National Journal. "Rather than balancing priorities or considering a penny of new revenue, congressional leaders are proposing to once again funnel Medicare resources into unrelated programs and fixes-this time it's the trade adjustment assistance program.
The answer to #3 is probably not. Lambert thoroughly researched the 40 year old current TAA at Senator Sherrod Brown's site and got pretty ticked off:
Brown lists a ton of reasonable seeming tweaks and enhancements. Reading through the list, though, I've got to say I'm both ticked off and skeptical:
Ticked off, because how come the millions who got kicked out of the labor force when the powers-that-be decided to downsize it aren't eligible for the same treatment? For example, it sounds like the Health Care Tax Credit workers screwed over by trade deals get is a better deal (at least in terms of dollars, even though it's a tax credit) than COBRA, which is what workers screwed over by recessions and depressions get. What a horrible patchwork.
And skeptical, because in today's post-crash and crapified labor market, is training really the answer?[4] Especially for over-50s?
So I'm not convinced that TPP + TAA nets out positive for workers, or even makes them whole. [..]
Bottom line is that TAA is a bandaid on a cancer, and the Democrats – assuming good faith, which I think with Sherrod Brown it's fair to do – traded away something for nothing, as so often. If corporations can go to a rigged court and sue for lost profits, how come workers can't go to a rigged court and sue for lost wages?
Over at Salon, lapsed blogger David Dayen had this to say about the TAA and the Democrats sell out of seniors:
There's substantial disagreement on whether TAA actually helps workers get new jobs, but Democrats strongly support the program. Even pro-trade Democrats made renewing TAA a condition of passing fast track, and the two bills will move together in the Senate this week. But even though supporters constantly talk up the economic benefits of trade, they nevertheless offset the $2.9 billion in TAA funding by cutting other spending. Supposedly, trade increases jobs and therefore federal revenue, leaving enough money available to pay for TAA. But in Congress' eyes, some other priority has to pony up that cash nonetheless.
That priority happens to be Medicare. TAA is partially financed through $700 million in Medicare cuts. Sequestration expires in fiscal year 2024, but the TAA bill expands it by piling those cuts onto the back end. Most of the other $2.2 billion gets financed through customs user fees. [..]
The other problem here is that it fundamentally breaks that promise – already, before any vote on the Trans-Pacific Partnership or any other fast-tracked agreement – that no laws will change in this new era of corporate-friendly "free trade." This continues a troubling trend, identified by Paul Krugman, about not being able to trust the White House's categorical denials about the consequences of their trade agenda. They said the investor-state dispute settlement process couldn't weaken regulatory priorities; that's not true. They said Dodd-Frank would be protected in any trade deals; that's not true either. To quote Krugman, "The Administration is in effect saying trust us, then repeatedly bobbling questions about the deal in a way that undermines that very trust." The Medicare cuts represent another drop in that bucket. [..]
Every hit on the credibility of the free trade agenda makes it less likely that the bill will pass the House. Republicans claim they are gaining momentum in picking up votes, but all public whip counts show the tally coming up short. Adding Medicare cuts into the mix makes voting for fast track an even heavier lift for the House Democrats likely needed to get the bill the required votes. Republicans have repeatedly torched Democrats for Medicare cuts in campaign ads. They cannot relish giving another opening for that attack.
These are all bad bills that in the long run will hurt the vast majority of workers. So fight back by arming yourself with the facts then contact your congressional representatives via letters, e-mail and phone calls. Get together with a few people, make an appointment and visit their offices to express your concerns. Delegations get attention. Write letters to the editors of newspapers. And don't let up, be persistant and polite.
The lies about TPP need to be exposed and this agreement needs to be stopped.
Healthcare, Medicare, senate, TMC Politics, Trade Promotion Authority, Trans=Pacific Partnership
TMC on May 20, 2015 at 4:46 am


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Jojo Siwa Takes First Place With Historic 'Dancing With the Stars' Pairing: "I'm Really, Really Proud"
By Abby Monteil Sep 21, 2021 at 9:05am
Stream It Or Skip It: 'I Hate Suzie' Season 2 on HBO Max, In Which A Disgraced Celebrity Tries To Win Back The Public On A Christmas Dance Competition
Kirstie Alley, 'Cheers' Sitcom Legend, Dead at 71 After a Cancer Diagnosis
Cheryl Burke Thanks Former 'Dancing with the Stars' Dance Partners Following Final Performance: "Love to You All"
Cheryl Burke's Final 'Dancing with the Stars' Performance Will Come During Tonight's Season Finale
Jojo Siwa just made history as the first Dancing With the Stars contestant with a same-sex dance partner (Jenna Johnson), and the duo rose to the top of the pack during Monday's premiere with a high-scoring fox trot.
"This is a whole new ball game for me. I've never done anything ballroom before," the Dance Moms alum admitted in a video package before her first performance. "It's a learning experience that I'm more than ready for."
Speaking about her historic dance pairing, Siwa said before the performance: "For the first time in Dancing with the Stars history, I am dancing with another female, and I'm really, really proud. I came out in early 2021 and what I love to do is make truly being who you are easier for kids."
For their first performance, the pair performed to "Are You Gonna Be My Girl" in bright, matching outfits. Although Johnson slipped during one tense moment, Siwa managed to pull her back to her feet and wrap up the routine, which earned them the highest score of the night with 29 out of 40 points.
"This was the groundbreaking moment we've been waiting for," said judge Bruno Tonioli. "I'm so high."
In August, Siwa was the first of two contestants announced for Season 30, alongside Olympic gymnast Suni Lee.
"I get to share with the world that you love who you want to love …and that you get to dance with who you want to dance with," Siwa said during a TCA panel announcing her historic dance partnership. "When you're little, you know. You know if you're gay… Me partnering with another female on the show makes the sense of… It's okay… It's normal to be with anyone, a human."
Dancing with the Stars returns to ABC on Sept. 20 at 8 p.m. ET, airing Monday nights at the same time through the fall. New episodes can be viewed the next day on demand and on Hulu.
Where to watch Dancing with the Stars


Fumigation is the most common method of drywood termite extermination. There is no comparable whole house treatment method that replaces the 100% efficacy of fumigation according to the Structural Pest Control Board of California.
If a fumigation for drywood termites is recommended for your home, occupants must move out of the structure for a period of 2 nights / 3 days. Fumigation begins after the home or structure is fully sealed and tented. Vikane gas fumigant is then introduced into the structure for a period of about 24-48 hours. Vikane is the best fumigant to eliminate termites because of its ability to penetrate all wood in the structure. Once the fumigation is complete, the tent will be removed and allow fresh air to flow through. The fumigation licensee will inspect the building with a gas meter to ensure it is safe for the occupants to return. A notice will be posted on the door and you will be allowed to re-enter.
Heat treatments are chemical free and a great method for inaccessible areas that local treatments cannot reach. There is no requirement to move out for days with this treatment. It is ideal for escrow certifications, multi-unit properties, and individuals that desire a chemical free alternative.
Trained service technicians use specially designed heaters. Heated air flows through ducts to designated areas and is confined by thermal drapes. Inside temperatures are monitored by a state of the art digital thermometer and internal temperature probes to insure that wood core temperatures are maintained at levels that are lethal to wood destroying insects.
Once a complete inspection has been performed, our state licensed inspector may determine that your Drywood Termite problem will not require a full fumigation or heat treatment. In these cases, we may offer a localized wood injection treatment. This is a perfect option for home and business owners who may have had fumigation or heat treatment within the past five years. Local treatments are also great for commercial buildings and apartment complexes, where moving multiple residents may not be feasible.
For large infestations of Subterranean Termites Major League Pest will apply a continuous barrier around the entire perimeter of the structure. This may be necessary for a completion eradication of subterranean infestations. The product we use to eliminate these termites also is a preventative product, providing complete protection around your home.
Localized treatments are very commonly recommended for Subterranean Termites. Major League Pest will apply a continuous barrier in the areas that are identified as infested. Localized eradication works well in limited areas or for small infestations.


I have just changed the SSID of 2.4GHz channel to make sure both phone and the sonoff sc are connected to the same channel. Fixed the problem straight away.
Did you resolve this problem? I've the same issue.
Can confirm, switching off the 5GHz Wifi during the setup-process and the whole thing worked immediately. After the setup concluded you can switch on 5GHz again.