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BOSTON CHINATOWN BLOG
Eyes are opened wide from a Dinner with a Master
Posted by Kung Fu Dad on February 28, 2016
Last night I went to Asian Garden to meet with a Master, not only in Martial Arts, but in film making. He he had come to Boston around 1975 and left to get into the Hong Kong film industry in 1983 or so with Donnie Yen. His name is Mandy Chan.
"I've been all over the world and I've seen a lot... let me tell you, there are a lot of Dragon pearls and Dragons that have been spit out by Boston.. that have been a strong Dragon crossing the river. Don't even talk about Donnie Yen first... there a ton of people you haven't even heard of. Like John Tsang the Financial Secretary of Hong Kong.. he came out of here too! Did you know that?"
It turns out, there is a lot I don't know. Through that dinner conversation my eyes were opened to how much I didn't know about Chinatown, Kung Fu, Film Making, and hell even myself. That's why you should never be caught up in an idea that you know all there is. There is always a lot more to learn. You just have to come at it from a different angle. Mandy is an artist. And an artist will spit out 20 different angles you can come at something in one sentence. I'm still processing.
"Media is very powerful..You know Tiananmen square? When you see some of those photos, they recently let out the wide angle shot of those photos. The photo you see is someone's foot right in their face, but from the wide angle shot, the person with the foot in their face is holding a knife. That tells a completely different story doesn't it! Even if you are there taking pictures of the same event its how you tell that event."
"I'm telling you I have seen some crazy shit. Go home and look up what year Mao died." (It was 1976) "I was in China in this small inland village in 1989 a few months after Tiananmen Square. This village didn't have any communication with the outside world. Just one small radio. Most places didn't even have electric lights. The old people would come up to me and ask, 'How is Chairman Mao doing these days'" Holy shit. Now of course everyone's heard stories like this. Some places in the states where the black people did not know that slavery had ended because they were kept isolated. But I do get the sense that to know something or really understand it is different than just having heard of it.
"I don't believe anything the media is telling me. You can't. Because even if they are really covering the story, a picture can tell so many different stories."
Some of the stories were about Boston too. Mandy had gone to a bilingual school in the North End, the Michaelangelo.
"Nixon.... I remember I was little I didn't know what was going on.. but I heard what the adults said.The teachers were really mad. I mean they felt like they'd personally been screwed."
I began to see how shaped we are by our generation.
"So like you asked me about what I feel about that Fishball revolution?" He shrugged, "I don't know, because I'm not there. But I can tell you this. Let's go to the source first. Those kids protesting how old are they? 20's? When did Hong Kong go back to China? 1997. So how many years ago was that?
Now who was in Hong Kong before 97? What kind of people? What did they do when it was going back to China? A lot of them.. if they want freedom, go to America. That's your number one choice. But hey that costs money. $500,000.00 okay no problem go. You don't have that much? Okay Canada, $300,000.00 Still not enough money? Australia. Singapore. Phillipines, anywhere. So who stays? Either you don't have enough money or... you are so pissed off and stubborn, you stay and fight."
"Now after 1997, who came down to Hong Kong? Not just anyone from China. You have to have money to go in. You don't wait in line, you bribe your way in. People from China you are rich and want to raise their kids. They tell their kids that Hong Kong is the best, about freedom. Now those kids are raised, being told about freedom and Hong Kong everyday.. 20 years later.. now you have these protests, you see?"
"Let me ask you, I don't know anything about this situation, but I know that Hong Kong is now back to China. It's 2016. Do you think that in 2047 you will even hear the name of Hong Kong anymore? How about Shenzhen... expanded? Dung! Did you think about that?"
I hadn't. Mandy explained that sometimes he would no a person and they would say a few words and he would realize... that's why they are sitting there in the position they are in.
"I had the opportunity to have dinner in Europe with this Producer. He was my idol. He would show up to work and drink Cognac everyday. But let me tell you there was a reason why he was the producer. I had the opportunity to eat dinner in Europe. I say Europe because we were in Yugoslavia, which doesn't exist anymore. It was me, the producer, and a bunch of young Yugoslvian people. And I got the sense that these people were very well educated. It felt like just to get through high school they needed to know 6 pr 7 languages and not only the history of their country, but everyone elses. So when they see you, they don't see, 'Hey a China man!" and run scared or something They know your whole history. So anyway, they were talking this and that and saying all these things about Hong Kong about that. And they were pissing of the Producer. But he just said a few words... and shut them up.
You see over there the streets are very clean because at 5:00pm every day they wash it... everyday. So whatever they were saying about Hong Kong, the producer said, 'Oh yeah, you have a water shortage, and you are washing the street every day with Drinking water." Boom. silence. It was amazing. Before that the whole table of young students had a lot to say but after that... silence. I was like, 'Oh shit.'
Then he turns to one guy and says, "How much do you make a year?" he started to say something but the producer waved his hand, "You don't have to tell me how much you make a year. I can go to the market and buy a bag of vegetables and know how much you make in a year."
BOOOM!
That's why he's the producer! He's never been to Yugoslavia. He didn't read about their history in a book. But he's been around. He's seen s much shit. You can't pull stuff with him."
MaiDu said…
Master Mandy Chan is quite a gem to the community. He is real, period.
Uncle Frank's Tai Chi Tips
When I was doing Crime watch somehow one of the older American guys who would later learn from me was talking about whether Uncle Frank did Martial Arts. Now this is actually more than just American Stereotyping. Some Asians may groan and say, "Just because a person is Asian and is old doesn't mean they know Kung Fu." But look, if you were to make a movie about the Drama in Chinatown, and it was made in Hong Kong.. frankly all the powers that be would have superhuman Kung Fu as well as their mental strategies and political pull. This is because, Jin Yong wrote a lot of novels where the people in these political positions had secret and powerful Kung Fu. Part of it is just for entertainment. Plus, Chinese people like to explain greatness through practice. Training done after birth. Whereas Americans like to explain it through Divine right or genes. I.e. you are great because it is something you are born with and this power cannot be taught. So the explanation for Unc
Gambling on Chinese New Year
Chinese New Year is coming up. For me Chinese New Year is always about Lion Dance and red envelopes... and that's about it. Grace asked her Youtube "Sifu" what a Chinese New Year dish would be. His response was that he's been posting Chinese dishes for 2 years.. if she could get a dish from that, he didn't know how to help her. So she asked for a specific Chinese New Year dish... and his response was that his adult son liked all the Jook Sing American Chinese food. I vaguely remember vegetariasn dishes and sweet fu jook tofu skins... but for me again, I don't know much about what food you are "Supposed" to have. There are a lot of traditions and they are becoming simplified. A lot of people go out on New Years (Or is it New Year's eve?) So when I lived at the Kung Fu school we would go to Boston Bowl and see that a majority of the people there were Vietnamese, dressed to the nines (especially the girls.) In other words, for different peo
Finale at the Lantern Festival
Photo Credit: Eva Loh I pulled these photos of the Finale off of Facebook. Wong Keung performed the Dragon and Woo Ching White Crane, the Lion. These photos capture more of that incredible feeling that took place in the crowd when smoke and confetti and Lions and Dragons and Drums filled the space of the Greenway park turning it into... magic. I felt like a kid. Look at the smiles on people's faces rushing to capture the event on film. It really was something.


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Featured in Architectural Digest (Dec 2010) this sophisticated home designed by Alexa Hampton is a world of white. Aside from being enormous, which rarely impresses me these days, this home has one of my favorite architectural elements, symmetry. The balance of windows, and built ins, and all the geometry create the ultimate feeling of calm and balance. The homeowner was aiming for understated, and though the sheer size and crispness of the home and it's furnishings makes a real statement, it does speak to the "peaceful, beautiful and colour-less" calm they were after.
Alexa Hampton notes the importance of delineating furniture in all white spaces. It's the little details that make all the difference, the dark stain legs and the bottom of a sofa, studded trims, shape and silhouettes. A great tip for attempting the all white interior.


In the 44th edition of our award-winning Best of the Best Blogger series, I was thrilled for the opportunity to sit down with Mike Piper from Oblivious Investor.
While Mike's path with Oblivious Investor has been very linear, it has been impressive nevertheless. His first job out of college was as a financial adviser with Edward Jones. To his utter disappointment, he quickly learned that his brand new job was less about financial advising and much more about selling Edward Jones financial products and services.
Piper was really looking for a legitimate opportunity to help people with his true passion of investment research and tax planning because, as he describes it, "knocking on doors and making cold calls" was not exactly what he had envisioned as a career path.
Coupled with the disillusionment of his new found career, along came the stock market crash of 2008 and a few panicked phone calls and emails from family and friends. Alas, Oblivous Investor was born.
Along the way, Mike has built quite a reputation as a prolific writer, authoring 8 book titles to date, including "Can I Retire?" and "Investing Made Simple". All of his books have garnered exceptional Amazon reviews, commonly being described on the site as "concise", "easy to understand" and "very informative".
His investment philosophy is all about minimizing costs, diversifying and ignoring all of the endless investment chatter out in the marketplace. But boiling it all down, the underlying tenet of Mike's philosophy can be summarized quite simply with KISS: keep it simple stupid.
We sat down with Mike recently to talk about passive investing, diversified portfolios and the stock market lottery.
What motivated you the most to start the Oblivious Investor? Was it cold calling as a newly minted financial adviser or the desperate pleas from panicked friends in the financial crisis?
Well, the general premise behind the blog — the idea that most investors would be better served by watching the market less — certainly came about as a result of my time as a financial adviser. But I didn't actually start the blog until almost two years later — right when, just as you guessed, the financial world seemed to be collapsing and everybody was panicking.
The "buy-and-hold" strategy of investing made so famous by the likes of Peter Lynch and Warren Buffett has been heavily criticized recently in the wake of the financial crisis. How can a buy-and-hold strategy stand up in today's investment environment that seems to be driven so heavily by hedge funds, ETF's and high frequency trading?
I don't mean to sound argumentative here, but I see all of those things as positives for passive investors. The hedge funds and high frequency traders help to keep the markets (mostly) efficient. That works out well for passive investors because we get to know that the prices we pay or receive for our investments are approximately appropriate.
And while ETFs can certainly be misused, they can also be a great tool for putting together a low-cost, diversified portfolio.
Your investment approach focuses heavily on minimizing expenses and diversification, which would seem to favor index investing. From your view, is there any room for individual stock picking in the average consumer's portfolio?
For the most part, no, not unless you're doing it strictly for fun. For most investors (including me), using individual stocks just increases the risk level of the portfolio without a corresponding increase in expected return.
There is one noteworthy exception though: An investor with a large taxable account who doesn't mind regularly checking up on his/her portfolio can do well via actively tax-loss harvesting a diversified portfolio of individual stocks. It's worth noting, however, that the stocks themselves shouldn't be selected with the intention to outperform the market. (In fact, I'd suggest consciously attempting to put together a market-esque portfolio.) The benefit comes from the active tax management.
Hard assets, such as gold and commodities, along with blue chip dividend yielding stocks seems to be the soup-dujour investment strategy favored by investing pundits like Jim Cramer. While it's been a pretty successful strategy overall in the past few years, how long do you think a strategy like that will have legs?
I never have any idea how long any particular asset class will continue to perform well (or poorly). My strategy is to invest in such a way that doesn't require me to make predictions — choose an allocation that's appropriate for my risk tolerance, then stick with it.
With regard to dividend stocks though, that strategy has never made much sense to me. The data I've seen (here and here, for instance) suggest that it's just a suboptimal way to achieve a value (as opposed to growth) tilt for a portfolio. And it often comes with higher costs than a simple index-fund-implemented value tilt.
Would you describe your investment philosophy as more growth-oriented, value-oriented or income-oriented?
Given that the stock portion of my portfolio is in "total market" index funds (both U.S. and international), I'd say it's split almost right down the middle between growth and value.
How can we make peace over the long haul in an investment climate that presupposes returns more on par with 3-5% a year rather than the 8-10% yearly return expectation that's been burned into the investing public's consciousness over the years?
Ugh. I wish I had a good answer here, but I don't. I don't think there are any easy answers. Investors in the last couple generations won the stock market lottery, but that doesn't look likely for today's investors. More likely, success will be the result of making real sacrifices — spending less and saving more.
Lastly, what has surprised you the most about your blogging experience with Oblivious Investor?
Gosh. Just about everything. I never would have guessed that the blog would have several thousand subscribers, given that I'm not anything special when it comes to writing — not eloquent, not clever, nothing like that. I was fortunate that the blog filled a niche that was almost empty at the time — an investing-specific personal finance blog that doesn't focus on things like stock picks or market predictions.
I'd like to thank Mike for his brevity and his candor. I'm really looking forward to more of Oblivious Investor's bullsh*t free advice … as well as Mike's next book.
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Halloween PB Paw Print Treats – Assorted – 12 ct.
It won't take a detective to track down these paw prints. These alluring Halloween treats are made of peanut butter and shaped as canine paws. The paw print pads are of carob and orange yogurt. A peanut butter lovers delight. Approximate size: 2⅝ X 2⅝ inches; 12 cookies per box (assorted brown and orange). Shipped in a small bakery box.
Mummy Gift Box (EA) – 7 oz.
Frank-ly Delicious – 11 oz.


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CineByte Films
US of Tomorrow
Stay In The Car
Crash Artist
CineByte Productions was founded in 2006 by David C. Keith, (not to be confused with either of the actors, David Keith or Keith David).
CineByte was formed for the production of Crash Artist: Beyond the Red Carpet, a feature documentary about the life of a Hollywood party crasher. Crash Artist was an Official Selection to several film festivals including the Burbank International Film Festival and the Paso Robles Digital Film Festival where it won the Jury Choice Award.
As an editor, director and producer David has worked on everything from short films to feature films.
Apart from CineByte Productions, David has edited for charitable foundations, PBS, and Corporate Productions, Inc. where he cut his teeth as a staff editor and field producer for well over a decade.
David's work has been distributed on online streaming and pay sites, broadcast on television and also released theatrically.
Above all else, David is a passionate story-teller who loves creating meaningful subject matter and collaborating with other artists.
The United States of Tomorrow
In a not-so-distant future, school shootings have become even more common in the United States and children prepare for school by wearing bulletproof vests as part of their normal school attire.
Official Selections to:
Irvine International Film Festival
Hollywood Reel Independent Film Festival
North Hollywood Cinefest
Red Rose Film Festival
Crash Artist: Beyond the Red Carpet
This film is an in depth look at the accomplishments and self destruction of Hollywood party crasher Michael Minutoli. From the Academy Awards to the Grammy's to countless movie premieres and concerts, Michael has crashed hundreds of events in order to experience the dream of rubbing shoulders with all of our favorite celebrities. But this real life fantasy has taken a toll on Michael's personal life, leaving him homeless and without a family. Testimony from Michael's friends, co-workers and family describe the impact that this obsession has had on his life and the lives of his family while Michael himself takes us on a night of Hollywood party crashing.
CineByte Productions
Copyright © 2018 CineByte Productions - All Rights Reserved.

redpajama_set_name: RedPajamaCommonCrawl


These deliciously buttery and sweet Homemade Twix Cookies will make everyone smile. With layers of shortbread and caramel, drizzled with chocolate are the perfect #copycat #recipe.
Raise your hand if you love Twix. You can't see it but my hand is definitely raised. I love Twix. I actually love Twix so much, I was inspired to make Homemade Twix Cookies. It is a total copycat recipe for the candy. As a matter of fact, it might just be better than the original. Trust me on this – it's the perfect mix of shortbread cookie, caramel filling and chocolate.
Combine ⅔ cup butter, sugar, egg yolks and vanilla in bowl.
Beat at medium speed, making sure to scrape the bowl.
Add flour and beat at low speed until well mixed.
Cover and refrigerate until firm.
Roll dough into 1-inch balls and place 2 inches apart onto ungreased cookie sheets.
Press your thumb into the center of each cookie.
Bake 7-10 minutes or until edges begin to brown.
Melt the caramel and heavy cream in the microwave in 30 second intervals, stirring in between until it is fully melted.
Fill each indentation with the caramel.
Melt chocolate in a microwave stirring 30 seconds at a time until smooth.
You can use a small piping bag OR a freezer bag with the corner snipped with kitchen sheers to spread a small drizzle over the top of each cookie.
You can make ahead and freeze the shortbread dough. After the dough thaws, follow the steps for baking as normal.
While I love a good candy bar for a quick fix, these cookies are totally amazing. They're just so irresistible! What do you think, would you make Homemade Twix Cookies? I bet your family and friends would LOVE these, so give them a try!
Follow Juggling Act Mama – Ang Paris's board Cookies on Pinterest.
I made these for the holidays and they were a HUGE hit! EVERYONE asked for the recipe!


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When secrecy gets out of control
The Bush administration's mania for secrecy is well known but it recently got way out of control.
The Justice Department obtained a grand jury subpoena to force the ACLU to return a government document it had obtained, on the grounds that the documents' disclosure would do "serious damage" to national security.
The Bush administration's mania for secrecy is well known but it recently got way out of control.
The Justice Department obtained a grand jury subpoena to force the ACLU to return a government document it had obtained, on the grounds that the documents' disclosure would do "serious damage" to national security.
And what secret of state did this four-page document contain? It was an Army memo summarizing the policies and rules for photographing prisoners of war and detainees in Iraq. (In sum, journalists can photograph them at will; soldiers only in an official capacity.)
The ACLU described the memo as "at best mildly embarrassing." It didn't even rise to that level of official discomfiture.
Perhaps it was because the document was dated more than a year after the infamous Abu Ghraib photos of prisoners being abused, but the Pentagon didn't need a memo to learn that lesson.
This week, federal prosecutors, "in light of changed circumstances," withdrew the subpoena. The circumstances changed, all right. The feds saw that the ACLU was closing in on an easy victory in its court challenge to the subpoena.
This incident demonstrates misuse of the classification process and the grand jury.
The ACLU — and, whatever you think of that legal rights organization, it should know — called it a "truly chilling" means of suppressing information and using a grand jury to do so "unprecedented in law and in our history as an organization."
Moreover, you really have to wonder about the mindset of the bureaucracy that classified this stuff as secret in the first place.
The Bush administration's invocation of national security to declare information secret — including information already in the public domain — now invites skepticism. Maybe its claims should invite something more — disbelief.


Grandpa Sam had a vision to not only make the best pizza, but to also continue the tradition of family gatherings. That's why at Sammy's, we'll make room for your large group. Whether it's in a private room or in the center of the restaurant, we're happy to serve team parties, reunions, birthdays, meetings – you name it.
The restaurant has a special private dining room that is free of charge. The room can seat up to 50 people and is available for reservation by teams, families and groups – large or small.
If you're interested in hosting your next gathering at Sammy's in Eau Claire, please call 715-831-1300 or fill out our contact form.
*A 15% gratuity may be added for parties of 10 or more.
We offer catering for events in our delivery area!
Whether you're looking for a post-game meal delivered to the hotel you're staying at, hosting an event at your office, or are looking for some post-wedding 'za, the reasons to have Sammy's catered are nearly endless.
If you're interested in learning more about our capabilities, please call 715-831-1300 and ask for Jim Jerulle.


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Q: Android sliding items horizontal like in Duolingo App I was playing around try to implement sliding functionality like in Duolingo Activity with horizontal lessons list. The link to screen capture of this functionality LINK.

With horizontal slider the sliding has no such effects. What will be the proper way to implement such UX sliding widget?
Could I costumize the default ListView with adding the transition effect?
Or could be it possible to do it with CardView?
Do some external lib offer this like twoway-view?

A: Use classic ViewPager to show content and then apply to pager this PageTransformer:
   if (Build.VERSION.SDK_INT >= Build.VERSION_CODES.HONEYCOMB) {
            mPager.setPageTransformer(false, new ViewPager.PageTransformer() {
                @Override
                public void transformPage(View page, float position) {
                    final float normalizedposition = Math.abs(Math.abs(position) - 1);
                    page.setScaleX(normalizedposition / 2 + 0.5f);
                    page.setScaleY(normalizedposition / 2 + 0.5f);
                }
            });
        }

A: This is the exact requirement for your postings. Kindly go through this URL https://github.com/davidschreiber/FancyCoverFlow. Download the zip and run the sample. Enjoy!! Its easy to customize too...

redpajama_set_name: RedPajamaStackExchange


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Auditors examine Tulare hospital's closure, shed doubt on reopening efforts
Posted on October 9, 2018 October 10, 2018 by Tony Maldonado Jr
Factors that contributed to Tulare Regional Medical Center's shutdown last year included its former management company's "high costs," declines in patient volume, and the former board's replacement of its Medical Executive Committee (MEC) according to a report by the California State Auditor's office.
Healthcare Conglomerate Associates (HCCA), the former management partner, also failed to bill for services rendered and pay its vendors for services the hospital received, with accounts payable increasing $11m in the four month period between June and October 2017.
The report found that the company also charged Tulare upwards of $400,000 for employees to work at the Southern Inyo Hospital, another facility managed by HCCA.
Auditors also found that Alan Germany, CFO for the Tulare Local Healthcare District and HCCA, "should have been working full time on the district's activities." Instead, Germany was the Chief Restructuring Officer at Southern Inyo while also CFO for Tulare.
Additionally, the district's plans to reopen Tulare Regional could be jeopardized by a failure to account for its pre-bankruptcy debt incurred under previous management, particularly if the hospital is not able to make good with its vendors, the report states. Hospital officials disagreed with those conclusions; and, currently, officials plan to reopen on October 15.
Kevin Northcraft, the district board's chair, said that he appreciated the work the auditors did, but disagreed with some of its findings.
"Our opinion was confirmed that the prior board did not act in the best interests of the district or the community. We want to thank the state auditor and our state representatives, who assisted the board in the current board's request for this audit," Northcraft said. "While the last three findings are outdated and irrelevant, we much appreciate this review."
October in Jeopardy?
"Although the district currently plans to reopen the medical center before its suspended license expires in late October 2018, it can request an extension of its suspension from the California Department of Public Health if it is not able to open by the planned timeline. However, the district has not yet requested an extension," the report states.
A failure to seek an extension could cause the district to incur additional expenses if it is unable to open in time, the auditor's office said, and the office felt that the reopening could be off schedule.
View note
Hospital officials bristled at this section of the report.
In a response to the auditor's office, the hospital's interim CEO, Larry Blitz, wrote that he was "aghast at some of the conclusions and tone of [the section.]"
"To conclude that the reopening is 'uncertain' without any factual evidence, is unacceptable to our thinking and practice," he added.
District officials said in a September 14 response that an agreement had been made with the California Department of Public Health so that a "simple notice" would suffice to extend the suspension status.
However, the auditor's office replied that Blitz had written a letter on September 7 requesting an extension of the suspension, and that state officials approved that request on September 19.
"The district's disagreement with our recommendation to request an extension of its license suspension is disingenuous," the reply read. "We are disappointed that the district chose not to be forthright about its request for an extension. Nonetheless, we are pleased that the district obtained the extension, as we had recommended in our draft report to the district."
Equipment, Staffing and Budgeting
As of September 2018, the report states that officials with the district and Adventist Health have not fully staffed clinical laboratory scientists, stocked up prescription drugs and bandages, nor have they fully met equipment, repair, and policy requirements, nor had they fully renegotiated contracts with vendors, including potentially settling pre-bankruptcy debt.
Some equipment had not yet been inspected or repaired, the report added, such as intravenous hoods — which could take up to two weeks from initial testing to a final result, the report noted.
A response from hospital officials stated that the district could not settle pre-bankruptcy debt, as the United States Bankruptcy Court would decide the fate of each creditor well into 2019; hospital officials added that "no known supplies are being withheld due to vendor issues."
Additionally, they stated that "all of the pharmacy challenges are resolved and reported," and that if any tasks were not completed, staff would work to resolve them and extend the license if necessary.
The auditor's office also claims that existing budgets for reopening could be too optimistic. Currently, the district is operating off of a $10m loan from Adventist Health with an agreed-upon budget.
"If repair costs exceed estimates included in the budget and the medical center does not receive supplemental funds on time, the costs to reopen may exceed the amounts included in the budget and the district may not have the funds available to reopen," the report states.
"The district included all of the known costs to reestablish relationships with vendors at the time of submitting such information to the audit team," the district replied. "Each week, based on need, our team of vendors may be identified as to particular issues with credit and shipping."
The auditor's office provided three recommendations for the reopening of the hospital:
To ensure that the district is able to reopen by mid‑October 2018, it should continue to address requirements to reinstate its license and should arrange for Public Health to verify compliance with licensing operational requirements as soon as it has completed addressing the requirements to reopen.
To ensure that the district budgets for all costs necessary to reopen, it should immediately include in its budget the costs to pay pre‑petition debt for vendors with whom it must reestablish relationships before it can resume operations.
To ensure that the district is able to obtain the supplies and purchased services necessary to reopen the medical center, the district should continue its efforts toward reestablishing relationships with vendors so that it can reopen the medical center by mid‑October 2018.
HCCA's Hiring
HCCA wasn't the most qualified choice to manage the hospital, the report found, yet the board still unanimously voted to allow the newly-created company to manage Tulare Regional.
Based on data from Medical Development Specialists, a firm the district hired in 2013 to search for a management partner, the auditor's office showed that familiar faces — Adventist Health and Community Medical Centers — were highly rated.
Others, such as Alecto Healthcare Services, Bridgewater Healthcare Group, and Strategic Global Mangement, had strengths and weaknesses. They were still rated higher than HCCA, which was simply "unknown" across all categories: financial strength, position in marketplace, company history and experience, executive experience, willingness to provide capital, commitment to continue hospital services, strategic advantages, and opportunity to provide corporate synergy.
Sherrie Bell, board chair at the time HCCA was awarded its contract, said that in place of the recommendations of the consultant, "she relied on the counsel of trusted individuals in the community, such as a former city manager for Tulare, a former council member, and some doctors that practiced in Tulare, to assist her in deciding which prospective affiliate to select."
She told the auditor's office that she and another member of the partner selection subcommittee did not review written proposals and that she felt the firm "did not provide a lot of information on the proposals."
Dr. Parmod Kumar, the board vice-chair, told the office that HCCA provided "the best presentation and was the most honest," according to the report — he would later go on to work at HCCA's other managed hospital in Southern Inyo, and was part of a group of doctors that would later strike out and create a new medical executive committee.
HCCA's contractual restrictions on the board's access to the hospital and the hospital's IT infrastructure, amongst other restrictions, meant that the board did not "adequately protect the district's interests," the report found.
Contract provisions requiring all employees to be hired as HCCA employees and requiring a 30% "compensation premium" be paid to HCCA on top of each employee's payroll costs also gave auditors pause.
"The former board chair could not explain why she agreed to the contract provisions transferring the district's employees to HCCA," the report read, "nor how doing so was in the best interest of the district, although she believed the 30 percent was to pay for employee benefits."
In a 2014 email to his accountant, Dr. Yorai "Benny" Benzeevi, HCCA CEO, estimated his revenue from the 30% premium to be nine million dollars per year, according to a recent filing by the Tulare County District Attorney's office.
The controversial terms weren't present in HCCA's contract with the Southern Inyo Healthcare District, which operates the Southern Inyo Hospital, auditors wrote, and as a similar Voice analysis found.
Tulare may have received the short end of the stick in another way, as well: HCCA may have also misappropriated Tulare's funds when it billed the hospital for employees to work at Southern Inyo, the report found.
"Based on [Tulare's interim controller's] estimate of nearly 4,500 employee hours paid for by the district but spent on HCCA's directed activities at Inyo, the district had paid more than $400,000 as of November 2017 for which it had received no services," the report read. "Based on the interim controller's assessment, HCCA's payments could constitute a misappropriation of public funds, which is a violation of state law. Pursuant to government auditing standards applicable to our office, we are forwarding this information to the Tulare County District Attorney."
The auditor's office provided the following recommendations after reflecting on HCCA's time at Tulare:
To ensure that the district can demonstrate that its decisions for selecting contractors are justified and are in the best interest of the district's residents, by April 2019 the district should establish formal procedures designed to ensure that it follows a rigorous and appropriate evaluation and contract awarding process.
To ensure that the district pays only reasonable and appropriate contract administrative costs, before the district signs any future management contract, it should prepare estimates of the costs for all proposed contract terms related to compensation.
To ensure that it complies with state law, by April 2019 the district should update its policy related to conflicts of interest to include procedures requiring the district to obtain and maintain copies of all designated individuals' statements of economic interests at the medical center.
To ensure that the district recovers funds inappropriately used to pay for work outside the district, it should immediately take steps to seek reimbursement from HCCA for payments the district made to HCCA for time the former CFO and other employees spent working at Inyo.
Increasing Costs, Decreasing Revenues
The district's costs increased thanks, at least in part, to HCCA's management fee, the costs of the labor HCCA provided the district, alongside Germany's salary and travel reimbursements.
Patient revenue and income from supplemental funds both dropped while the district incurred those costs; additionally, HCCA failed to collect funds from patients who sought the hospital's services, likely in part because the company was in arrears to its billing partner.
Germany's salary rose from $39,000 monthly as interim CFO to $46,8000 monthly as permanent CFO in February 2015. It subsequently rose in January 2016 to $56,800 monthly — or $681,600 annually — but no contract amendments or board documentation accompanied that change.
Germany, who lives in Arizona, also received $249,000 in travel reimbursements from the district between August 2014 and June 2017, the report found.
Additionally, there was no evidence of a cost-benefit analysis before the board voted to hire HCCA; Kumar, interviewed by auditors, found the fee to be reasonable in comparison to the district's former losses of $1m per month.
A "history of accounting errors" prevented the office from verifying the accuracy of the provided financials, the office said, pointing to "$6.5 million in errors related to the district's fiscal year 2014–15 financial statements" and a statement from the district's interim financial controller that the district is still correcting past errors.
HCCA also lost out on multiple opportunities for supplemental funds when it failed to transfer $2.8m to the California Department of Healthcare Services in order to make up to an additional $2.8m in a transfer arrangement with the state.
While the district also made strides in California's PRIME program — touted in a 2016 presentation to the Healthcare Financial Management Association — it missed out on additional opportunities to maximize those funds, too.
"According to the interim CFO, the PRIME program grants lost for the period from October 2016 to September 2017 totaled $2.5 million. The district filed an appeal with Health Care Services in March 2018, requesting that it reconsider the district's termination from the PRIME program; however, according to the interim CFO, it has not received a response from Health Care Services," the report reads.
Those changes meant that HCCA left multiple vendors unpaid, as prior Voice reporting has shown. From June to October of 2017, accounts payable spiked from $19.6m to $31m.
"According to the current laboratory operations manager, medical center department heads were meeting daily with the chief nursing officer in August 2017 to inform her of the supplies and services each department needed to maintain the ability to function, as many vendors were placing credit holds because of a lack of payment," one section states. "He stated that the chief nursing officer took the requests for payments to vendors to the CFO, but in most cases he denied the requests."
MEC Ouster
The controversial replacement — or "disassociation" — of the hospital's Medical Executive Committee in 2016 led to a drop in doctors who practiced at the hospital and a drop in patients, the auditor's office found.
HCCA officials had often stated the decrease in patients was due to the "disgruntled" former MEC members who had left the hospital; the auditor's office found that 30 doctors had either resigned from or simply stopped practicing at Tulare between June 30, 2015 and June 30, 2016.
In January 2017, the company stated in a Letter to the Editor that many of the ousted doctors "openly boycotted the hospital and […] openly stated their goal of seeing the hospital close," and in June 2017, the company further stated members of the former MEC were "tyrants" and that once HCCA came in, "these same doctors realized that the days of simply switching the administration when it did not yield to their selfish demands were over, they changed tactics" to "filing complaints against the hospital in addition to an alleged boycott."
Bond Activities
The district did not effectively monitor its spending of bond funds, the report found.
While it had processes in place that required approval of invoices and auditor reviews, there were weaknesses that allowed certain unreasonable or non-allowed uses of bond funds.
In one example, HCCA used bond proceeds to pay out a $12,500 severance payment to the district's director of construction; in another, over $500 in bond funds were used to reimburse a consultant for meal costs, though those costs were not outlined in the contract.
In cases before HCCA came on board, the district used $48,000 towards a software maintenance agreement for existing medical equipment and $450 to reimburse a consultant for meal costs.
The auditor's office also found that the Bond Oversight Committee was stymied in its mission to ensure bond expenditures were made in a proper manner.
While it received reports from staff regarding the progress of the tower project, it did not receive the details of how bond funds were expended until 2013, when the district had already expended $73m of bond proceeds.
The auditor provided the following recommendations:
To ensure that it uses bond proceeds for allowable purposes and improves its consistency and accountability in processing payments from bond proceeds, by April 2019 the district should formalize and document policies and procedures for verifying that it uses bond proceeds for allowable purposes and for approving expenditures paid from general obligation bond proceeds.
To ensure that it maintains adequate oversight of expenditures from any future bond proceeds, by April 2019 the district should establish a formal policy to include, as part of the charter for any future bond oversight committee, a requirement that the committee review bond expenditures quarterly at a minimum. The policy should also require the committee to report the results of its reviews to the board quarterly.
To ensure that any future bond oversight committee meets specified reporting requirements, by April 2019 the district should establish a written process to periodically monitor committee compliance with reporting requirements.
To increase the effectiveness of its monitoring to ensure that bond proceeds are used only for the purposes that the voters intended, by April 2019 the district should establish and follow a written process to document the steps it will take to address findings and recommendations identified in any future external audits of the bond proceeds.
To ensure that it can demonstrate that invoices it pays are for contracted services, by April 2019 the district should update its contract management policy to include a requirement to retain a copy of all contracts similar to the State's requirement of seven years.
19 thoughts on "Auditors examine Tulare hospital's closure, shed doubt on reopening efforts"
Optimist50 says:
October 10, 2018 at 12:22 am (Commenter ID: ad7f7261)
Sherry Bell didn't understand her elected responsibility. She continued to argue the 30% was for benefits but didn't take the time to find out. Just like she didn't realize the board was responsible for safe care. She was in denial that Benny was a thief that was created by Kumar to run the place into the ground to probably buy it for pennies on the dollar. Her advisors of former city manager and city councilman is ludicrous, what was their healthcare knowledge?
It will take many years for the healthcare in Tulare to recover and we can thank Bell, Kumar, Avitia, Torrez and Gadke for it. Community trust for any future bond is completely blown when you read this disheartening report.
This board needs to make sure it follows the state's advise and don't let an interim CEO be "disingenuous" about anything in this process.
kevin northcraft says:
October 10, 2018 at 8:40 am (Commenter ID: 968c7b26)
I appreciate the State Auditor's work, confirming what many thought were the horrendous mistakes made by our former board and manager. Thanks also to our state representatives for their help in getting this board requested audit accomplished.
It is unfortunate that the audit includes outdated and irrelevant info about reopening. We told them their comments would look silly as they cite issues that either have been resolved or never occurred, and indeed they do.
October 10, 2018 at 11:10 am (Commenter ID: 0685595d)
The audit has comments that look "silly" Mr Northcraft?? Although there may be comments on issues that have been resolved, or errors in details, I dont think this audit can in any way be described as "silly". This audit raises some very disturbing questions. Can an elected Hospital board truly look out for the interests of the community? Ms Bell and Mr Torres Im sure were , or still are, considered respectable members of our community. And yet they signed the agreement with HCCA without carefully reading or understanding it (Ms Bell, you thought the 30% mark up was for benefits??? You cant be that stupid. How and when were you expecting to be rewarded by Kumar?). Either they betrayed the public trust out of greed, or they are morons. There are no other possible conclusions. The motive of greed is the only possible motive for Dr. Kumar. Perhaps future boards will attract others who are opportunists or who simply have nothing better to do. My conclusion from this audit is that the hospital should remain closed or the hospital should be sold to a private organization, such as Adventist. An organization which I can only assume would not have any patience for the kind of incompetence that has been demonstrated by past , and perhaps current board members. "Silly" indeed!!!
Chris Northcraft says:
Please don't misstate Kevin's comments. What he said was "outdated and irrelevant" was the State Auditors comments about reopening the hospital. That is because thanks to Adventist and this Board the hospital has overcome many obstacles to reopen this Monday at 9 am. By reopening the hospital will treat the more than 20 serious emergencies each day (approximately 9000 per year) that had to be diverted to other local hospitals causing serious issues for them. No longer will those extra precious minutes be an issue for those most vulnerable in our community…they will be treated in our community. As for the rest of the audit, Kevin expressed his appreciation for the work done by the State Auditors which Kevin and this Board worked tirelessly with both State Senator Jean Fuller and State Assembly member Devon Mathis to get done.
EyesWideOpen says:
October 10, 2018 at 4:03 pm (Commenter ID: 1d079e38)
The hospital will end up being sold. The district's ability to pay off the $10 million dollar loan, all the required improvements that Adventist is requiring over the coming months, all the pre-petition debt and the post-petition debt of $8 million is extremely unlikely.
This won't necessarily be a bad thing. It does mean that the District hospital will sell for cheap and no bond debt will be paid off so the taxpayers will still be responsible for that. Maybe it would mean that Adventist would complete the tower because chances of a taxpayer bond passing for a privately owned hospital is going to be highly unlikely.
October 10, 2018 at 5:23 pm (Commenter ID: 968c7b26)
There is no District responsibility for "improvements Adventist is requiring over the coming months". Adventist assumes responsibility for any improvements after October 15.
MrEH says:
October 11, 2018 at 6:11 am (Commenter ID: 95834337)
The auditors' basis for judgment on the capacity to open seems to be related to the lack of preparation by the interim managers namely the CEO. It appears as Adventist took more of the driver's seat, things turned around and were accomplished. So the auditors appear to say that before the advent of Adventist, there was not the appearance of being ready to open on time. That being said, there are still many projects to be completed – noted in Schedule 7.1S of the lease agreement and also all seismic compliance and the completion of the Tower, all of which are the District's sole financial responsibility, per page 18 of the lease. These projects are to be completed some by opening, some within six weeks of opening and some six months later. It appears unlikely all of these projects can be completed within the $10M line of credit budget since more then half is already spent.
Representing that the District has no financial responsibility after October 15th is a false narrative.
October 10, 2018 at 12:41 pm (Commenter ID: dc928c9b)
I am more than sure that Kevin Northcraft and his fellow hospital board members are quite thankful to have this audit completed and that they still have many questions and concerns to deal when it comes to our hospital's past, present, and future. I don't know that much about the ins-and-outs of the how-when-and -whys that got us to this point except what has been reported in the newspapers but I do know at this point in time we have a chance of having a hospital that we can count on in this town. We now have a reputable group taking over the helm and their successful track record is well documented. I'm just going to wait and see how this all plays out and hope for the best of all outcomes.
As a community what we have learned is listen and watch what the hospital board is saying and doing when they are making hospital decisions on our behalf and then to hold them accountable when wrong decisions are made. That applies to anyone who has been voted into any public office for that matter. On the flip side of that we also need to praise them when their decisions "actually" benefit us.
Hokaipo says:
October 11, 2018 at 8:53 pm (Commenter ID: d2c3235a)
TRMC has the greenlight to open.
The naysayers can shut up now.
October 12, 2018 at 9:56 am (Commenter ID: ad7f7261)
Did you read the article or the report? Are the state auditors naysayers?
October 12, 2018 at 10:48 am (Commenter ID: 9fae1673)
I read the entire JLAC audit and found it woefully lacking. Its conclusions? HCCA–bad. The previous board–bad. I hope this didn't cost much. We already knew everything in the report. Call me a dreamer, but I was hoping for illumination on the missing bond money and a detailed choreography of Benzeevi's finance dance.
Dorothy Carr says:
October 13, 2018 at 9:41 am (Commenter ID: 2fd37234)
I have wondered for a long time why more isn't being said about the missing bond money. Is the DA on top of this and 'Benzeevi's finance dance' and just can't say anything yet?
Voice of reason says:
October 14, 2018 at 4:33 pm (Commenter ID: c233d480)
Most of the bond money was spent pre-HCCA. If there are significant irregularities, it is likely the previous management's responsibility. HCCA has a lot to answer for, but not most of the bond spending.
Former employee says:
October 13, 2018 at 5:09 pm (Commenter ID: 63f2f8c8)
HCCA was already in the bag before any of the other hospitals gave there pitch. It was horribly obvious during the board meeting. Another words" you scratch my back and I'll scratch yours".
Kumar and Bensleezy buddied up long before the vote.
Things were horrible at the hospital after there take over.
tularepatriot says:
October 14, 2018 at 10:48 am (Commenter ID: dbdced16)
My understanding is that Parmod Kumar is practicing at Sierra View in Porterville. At this point, he should not be getting any patients in this county. Bensleesy should, and I believe will end up behind bars (unless he feels a sudden urge to "plant a tree in Israel").
Still Wondering says:
October 13, 2018 at 8:33 pm (Commenter ID: d06f75f8)
The misappropriated 84 million dollars bond money was spent by Shawn Boluki, the CEO before HCCA came. He was the reason the hospital was near bankruptcy when the bids went out for a new management company. It was not Benzeevi who spent the majority of the bond money, it was Boluki. He brought a team of people from LA and one from the county to hold the senior management positions. They and Kumar were all well aware the of the management of the bond money. They need to be exposed to the community like Benzeevi and Germany.
October 14, 2018 at 12:24 pm (Commenter ID: 25cf65f4)
I don't think there was anyone that wanted to see the audit more than I and yet I was very disappointed to read the outcome. I must have been naive to think that the District was going to receive an Audit. An audit is to conduct an official financial examination of an individual's or organization's accounts. When you review the guidelines of this highly sought after audit it is obvious that an "official financial examination" did not occur.
The audit spent way too much energy on identifying that HCCA was a poor selection, the contract was horrible, they poorly managed, overspent, didn't pay vendors and business declined under their leadership, or lack thereof. Most of this information could have been written by some of the citizens or the Valley Voice that researched this debacle over the past few years.
What was also well known was the previous board's biased selection that wasn't based on any of the requested measurable criteria for the Request for Proposal to identify an alignment partner in 2013. It was nice to see the consulting firm's scorecard provided in the audit, disappointing to know the board was provided it at the time. Through record request Bruce Greene told me no documents existed, an obvious lie.
What we know:
• $138 million had been spent on the "Tower project and other smaller renovation projects."
• The auditors identified accounting errors of $6.5 million in 2015 alone.
• The audit focused on 2013 moving forward.
• The bond oversight committee did not report to the board from 2008-2011
• The majority of the $138 million was spent in a 4-year period from 2009-2013, pre-HCCA.
What wasn't addressed:
• Why the board stopped the forensic audit in November 2012.
• Why the 2012 audited financials were never approved in a board meeting.
• Why the District finally submitted the 2012 audited financials on March 27th of this year to Municipal Securities Rulemaking Board. Why were they not public before this time?
• Why under Shawn Bolouki financial history of the District was rewritten to indicate previous years fiscal losses.
• The board member that was closely tied to finances, bond oversight and construction. The board member that meeting after meeting assured everyone that everything was fine.
I realize the amount of work it would be to really get some answers. Answers unfortunately we are never going to receive.
October 14, 2018 at 7:57 pm (Commenter ID: e58eb04f)
I completely agree with you on every point Deanne. Shawn Boluki also had a CFO, Fred Capozella, that knew about the spending of the bond bond money and failed to oversee revenue collections properly. The accounts receivables were out of control then as well. He left the hospital very suddenly. There was a controller who had been there many years who knew bond expenses were not appropriate just as he knew that under Benzeevi that expenses were not accrued or entered into the system thus showing us all the fairy tale picture of how Benzeevi was saving the hospital. And, as I stated before, all of Boluki and Benzeevi's senior managers need to be held accountable for colluding to defraud the feds, the State and the district. I know this is a serious accusation but from 2008-2017 millions of dollars were handled inappropriately.
October 15, 2018 at 2:25 pm (Commenter ID: 22ea501c)
There you go, you asked you have it…… Still not happy with the results because you refuse to accept and see the truth. Deanne & company what a disappointment you couldn't prove that all your especulations and accusations were wrong. Please Tularians let's stop reading all the BS she writes seeking attention in a very negative way!


More than 136 years ago, the Emancipation Proclamation was read to a small audience on the steps of Reedy Chapel in Galveston, announcing the first news of freedom to slaves in Texas.
"Everything started at Reedy Chapel," said the Rev. Brenda Payne, minister of the 153-year-old African Methodist Episcopal church. "Reedy Chapel is the site of Juneteenth for the state of Texas."
To highlight the church's role in the celebration, residents will march at 6:30 p.m. Tuesday from the Galveston County Courthouse to Reedy Chapel, 2013 Broadway. Payne, who last year became the first female minister in the church's history, will read the Emancipation Proclamation.
The original reading occurred on June 19, 1865, when Union Gen. Gordon Granger brought news to Galveston that President Abraham Lincoln had signed the proclamation two years earlier. The news spread from Galveston throughout Texas, reaching about 250,000 slaves.
Payne, who has researched the church's history, said the church's role in Juneteenth affords it a unique place in state history.
"We're all interested in freedom for all people," Payne said. "This country is a melting pot of all races and cultures. It's important that we all come together and celebrate each other's accomplishments and victories."
Leon Phillips, a member of the Juneteenth Committee, encouraged residents to attend various festivities celebrating the event through live performances, food and parades.
"It's a historical moment for the city itself, even more so for the black individuals that live in the city," Phillips said. "We want everybody to participate. The city is finally coming around and understanding that it's not just a black celebration."
Craig Bowie, a member of the Juneteenth Committee and the National Association of Juneteenth Lineage, said he wants to continue telling people throughout the year how slaves gained their freedom.
"I don't think there will ever be enough celebration," he said.
The church's links to local history are apparent in its 18-foot, Gothic-style organ, which has survived hurricanes for 129 years. The organ originally was built for Trinity Episcopal Church of Galveston but was given to Reedy Chapel in the early 1900s.
"It has a wonderful history, great people, great ministry, and it has a lot to offer," Payne said of her church.
For more information about Juneteenth events in Galveston, contact Bowie at 409-762-5498.


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The PropNuts Radio Control Club is a registered AMA club, #4071 in AMA District 10.
Our goal is to provide a community for like-minded R/C modelers to meet and discuss all the various aspects of this great hobby. Membership is $20 per year, pro-rated $5 per quarter.
We fly at the Willie McCool Memorial Model Air Park located at 4400 Horse Dr., North Las Vegas, NV 89084. This is a North Las Vegas park and we are bound to operate according to the rules and regulations posted at the field. To use the field you must have a current Academy of Model Aeronautics (AMA) membership card and a current North Las Vegas park badge. Directions to the field: drive North on Decatur Blvd. and turn East on Horse Dr. The field is approximately 1/4 mile east.
As you can see, our field lies SE x NW. It is a requirement to maintain a safe distance from the houses that are directly South of the field.


The Halal Guys are the pioneers of American Halal Food. American Halal Food features a flavor profile that can't be replicated in any other cuisine format, featuring flawlessly cooked, premium quality Halal meats that are seasoned to perfection and a melting pot of Middle Eastern and Mediterranean flavors that are sure to delight. The Halal Guys have been called "one of the longest-running and best-known food-cart businesses in New York City" by the New York Times.


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Yale Journal on Regulation
A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
An Affiliate of the Law Professor Blogs Network
Made possible in part by the support of Davis Polk & Wardwell LLP
Yale J. on Reg.
Notice & Comment
A to F
Nick Bagley, University of Michigan Law School
Aditya Bamzai, University of Virginia School of Law
Micah Berman, OSU Moritz College of Law
Emily Bremer, University of Wyoming College of Law
Peter Conti-Brown, The Wharton School
Seth Davis, University of Irvine School of Law
Daniel Deacon, Harvard Law School
David Feder, Munger, Tolles & Olson LLP
Andy Grewal, The University of Iowa College of Law
Sam Halabi, University of Missouri School of Law
Emily Hammond, George Washington University Law School
Daniel Hemel, University of Chicago Law School
Andrew Hessick, UNC School of Law
Bruce Huber, Notre Dame Law School
Gus Hurwitz, Nebraska College of Law
I to N
Kwon-Yong Jin, Republic of Korea Air Force
Michael Kagan, University of Nevada, Las Vegas, William S. Boyd School of Law
Margot Kaminski, OSU Moritz College of Law
Michael Livermore, University of Virginia School of Law
Scott Maravilla, Federal Aviation Administration
Gregory McNeal, Pepperdine University School of Law
Aaron L. Nielson, BYU Law
O to Z
Jeff Pojanowski, University of Notre Dame Law School
Connor N. Raso, Securities and Exchange Commission
Jeff Rosen, Kirkland & Ellis
Peter L. Strauss, Columbia Law School
Satya Thallam, U.S. Senate
Chris Walker, OSU Moritz College of Law
Adam White, Hoover Institution
Series and Symposia
AdLaw Bridge Series
Administrative Conference Update
D.C. Circuit Review
Regulatory Reform in Congress
Texas Fold 'Em
by Nicholas Bagley — Thursday, June 7, 2018
In an unexpected move, the Justice Department filed a brief this evening urging a Texas court to invalidate the Affordable Care Act's crucial insurance reforms—including the prohibition on refusing to cover people with preexisting conditions. Although the ACA is not in immediate peril, the brief represents a blow to the integrity of the Justice Department. It also displays enormous contempt for the rule of law.
For those of you just coming to the case, this is from my earlier recap:
In their complaint, the states [including Texas and other red states] point out (rightly) that the Supreme Court upheld the ACA in NFIB v. Sebelius only because the individual mandate was a tax and (rightly) that Congress has now repealed the penalty for going without insurance. As the states see it, the freestanding requirement to get insurance, which is still on the books, is therefore unconstitutional. Because it's unconstitutional, the courts must invalidate the entire ACA—lock, stock, and barrel.
If that argument about the "inseverability" of the amended mandated from the rest of the ACA sounds inane, that's because it is. When Congress first adopted the individual mandate in 2010, it was an essential part of a broader scheme. But Congress is always free to amend its statutes, even to omit what it previously thought was essential. That's what Congress did when it zeroed out the mandate.
So we don't have to speculate what Congress would've done if it had a choice between invalidating the ACA's insurance reforms or just invalidating the mandate. Congress made that choice. For a court to now reject it in the service of an absurd argument about severability would be the rankest kind of judicial activism.
Without question, then, there's an argument to be made in the ACA's defense. And the Justice Department has a durable, longstanding, bipartisan commitment to defending the law when non-frivolous arguments can be made in its defense. This brief puts that commitment to the torch.
I am at a loss for words to explain how big of a deal this is.
The laws that Congress passes and the Presidents signs are the laws of the land. They aren't negotiable; they're not up for further debate. If the Justice Department can just throw in the towel whenever a law is challenged in court, it can effectively pick and choose which laws should remain on the books. That's as flagrant a violation of the President's constitutional duty to take care that the laws are faithfully executed as you can imagine.
But don't take my word for it. For Justice Department lawyers—I count myself among them (2007-10)—the duty to defend congressional statutes is at the core of what it means to be a government attorney. Yet, hours before the federal government filed its brief, three line attorneys from the Justice Department withdrew from the case. That's almost unheard of. These are lawyers who have made arguments they personally disagreed with countless times. They're civil servants. They're good soldiers. Yet they could not sign it. That's how far out the administration's position is.
Do you want to live in a country where the Justice Department can embrace the craziest of arguments and decline to defend laws—or even enforce them!— on that basis? The President has a duty to take care that all the laws are executed, not just the ones he likes. And while there are cases in which the Justice Department has deviated from that principle, they are extremely rare.
Indeed, is there any precedent for this? Odds are we're going to hear a lot in the coming days about the Obama administration's decision not to defend the Defense of Marriage Act. There, however, we had a question about the meaning of the Constitution that struck deep on questions about fundamental values. Just as we no longer believe it's constitutional to offer federal mortgage insurance only in white neighborhoods, the Justice Department concluded that we, as a country, had come around to the view that it was no longer constitutionally tenable to deny equal rights to gay people.
Whether you agree or disagree with the Justice Department's decision—and it made lots of line attorneys nervous—it was moored to the public's evolving sense about what the Constitution meant. By 2011, a justification that once seemed unobjectionable had come to seem untenable.
This case could not be more different from DOMA. The question is not whether a penalty-free mandate is unconstitutional—who cares, honestly? The critical question, instead, is a technical one about severability. No one thinks that implicates a clash of fundamental constitutional values. No one thinks that severability strikes at the heart of who we are as a people and a country. What's more, the severability question isn't even remotely hard. If a cockamamie argument like this is a sufficient basis to decline to defend a statute, what isn't?
I for one am concerned. No, I'm frightened. Not so much about the ACA: I still regard it as extremely unlikely that the Supreme Court will adopt an argument as far-fetched as the one that the states have advanced. And, so far as I can make out, the Trump administration will continue to enforce the ACA while the litigation progresses.
No, I'm frightened for what this says about the rule of law. I don't like being an alarmist about the rule of law—there's a risk I'll come off as unhinged and naïve. But I'm serious. The Trump administration has just announced that it doesn't care that a law was passed by Congress and signed into law by the President. All that matters if that it hates the law and has a (laughable) argument for casting it aside.
That's not a rule of law I recognize. That's a rule by whim. And it scares me.
@nicholas_bagley
Cite As: Author Name, Title, 36 Yale J. on Reg.: Notice & Comment (date), URL.
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About Nicholas Bagley
Nicholas Bagley is a Professor of Law at the University of Michigan Law School.
View all posts by Nicholas Bagley →
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2 thoughts on "Texas Fold 'Em"
richard pierce June 11, 2018 at 8:22 am
DOJ's position in Lucia v. SEC is even more outrageous. DOJ argues that 5 U.S.C. 3105, the APA provision that forbids agencies to remove ALJs and authorizes removal of an ALJ only by MSPB based on a finding of good cause after a formal hearing, is unconstitutional. The case is unprecedented because the government is the only party that is challenging the constitutionality of the statute. The petitioner specifically disavowed any such argument. No one is defending the constitutionality of the statute because the lawyer the Court appointed to defend the government's position below was not authorized the address the issue.
Eric Hirschhorn June 11, 2018 at 9:06 am
Your expectation that the Supreme Court won't buy the new DOJ position may be correct but you underestimate how grossly political at least 4 of the justices are. The unfortunate decisions in Shelby County and Citizens United demonstrate only too well the GOP commitment to politicize the Court, at least insofar as the core issue of the vote is concerned. The prior ACA decision is not inconsistent with that. Rather, it was John Roberts's desire to have his cake (undermining the Commerce Clause) and eat it too (avoid the political damage to his party that would have ensued had the ACA been struck down).
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D.C. Circuit Review – Reviewed: Another Round of the * Game
Administrative Law SSRN Reading List, June 2019 Edition
Does the Fourteenth Amendment Require Collecting Citizenship Data? (Part 1), by Thomas Berry
Kisor, Gundy, Mead, Chevron, Skidmore, Hearst, by Peter Strauss
The Rise of the Know-Nothing Judge
The Administrative Law Originalism of Neil Gorsuch
Should Congress Impeach Obama for His Emoluments Clause Violations?
D.C. Circuit Review – Reviewed: Brooding Spirits, Judge Kavanaugh Edition
Can Congress Get President Trump's Tax Returns?
Flynn's Foreign Emoluments Clause Problem and the Potentially Explosive Solution
At the CFPB, Cordray Creates One Last Cloud of Controversy
The President's Removal Power and the PHH Litigation, by Aditya Bamzai
The Trump Hotel Isn't Unconstitutional
Bureaucratic Resistance from Below, by Jennifer Nou
More Thoughts on the CFPB Puzzle: President Trump Can Select Someone to Run the CFPB Only if the Senate Has an Opportunity to Confirm, by Nina A. Mendelson
© 2016 Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice. All rights reserved.


Germany created a wide number of self-propelled howitzers (SPH) during WWII, these typically being converted from existing tank chassis. The Sd.Kfz.138/1 Gesch�tzwagen 38 H f�r s.IG.33/1 was one such SPH, this mounting a 150mm infantry gun on the chassis of the Czech-built Pz.Kpfw. 38(t). This vehicle was more commonly known as the Grille (German for 'cricket'). The s.IG.33/1 gun was mounted in an open-topped superstructure that offered the five-man crew limited protection. The 11.5-ton Grille served in Russia, Tunisia, Italy and France. This newest Grille kit comes with a generous selection of photo-etched parts to complement the high-quality plastic components. As a special addition to celebrate this release, Dragon is including a complementary figure set of self-propelled artillery crewmen to populate the vehicle. This fine new 1/35 scale kit, which sees the Grille available once again, will have fans chirping happily like crickets!


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    <url>http://maven.apache.org</url>

    <properties>
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            <artifactId>junit</artifactId>
            <version>4.11</version>
            <scope>test</scope>
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    </dependencies>
</project>

redpajama_set_name: RedPajamaGithub


text:
Buckle up: What to watch as impeachment trial takes off
The Senate opens with debate on the structure and rules of the proceedings. Senate Majority Leader Mitch McConnell is proposing a condensed, two-day calendar for opening arguments on the articles passed by the House on Dec. 18.
Photos: Thousands rally in Virginia's capital for gun rights
Thousands of gun-rights activists rallied peacefully at the Virginia Capitol on Monday under a heavy police presence, protesting plans by the state's Democratic leadership to pass gun-control legislation.
President Donald Trump's defense team and the prosecutors of his impeachment are laying out their arguments over whether his conduct toward Ukraine warrants his removal from office.
Tennessee's 1st Congressional District
Moore announces 1st Congressional District bid
In an email, Moore said retiring U.S. Rep. Phil Roe was an "Invisible Man" in the district for a decade. "He sat by while our hospitals became a monopoly and this has cost us greatly," Moore wrote. "I aim to help right this wrong. I am in support of creating a hospital authority which would help regulate Ballad Health and will raise awareness about the need for its establishment."
U.S. Rep. Phil Roe
Roe believes Trump will be exonerated
Roe voted against a House resolution appointing the impeachment managers who will prosecute Trump in the U.S. Senate.
'Impartial Justice'? What to watch in Trump's Senate trial
Look Thursday for a series of striking ceremonial matters to set up the Senate as a court of impeachment. Oaths will be taken. An oath book will be signed. And the seven House prosecutors, called managers, appointed by Speaker Nancy Pelosi will make an appearance in the well of the Senate to present the articles.
Sullivan County Commission
Sullivan looking at cell phones for county commissioners
A proposal to provide publicly funded cell phones to Sullivan County's 24 county commissioners, the county attorney and the county mayor is on the agenda for the Sullivan County Commission's meeting Thursday. Sponsored by Commissioner Hunter Locke and Commissioner John Gardner, the proposal would cost $1,039.74 per month.
House votes to send Trump impeachment to Senate for trial
The U.S. House voted Wednesday to send two articles of impeachment against President Donald Trump to the Senate and approve House prosecutors for only the third impeachment trial in American history.
Civics 101: Tennessee General Assembly reconvenes Tuesday
The General Assembly is made up of the Tennessee Senate and the Tennessee House of Representatives
Roe: U.S. 'a safer place' without Iranian general; president had 'absolute' authority to order strike
U.S. Rep. Phil Roe, R-Johnson City, said he believes the world is "a safer place" after the United States "appropriately" killed Iranian Gen. Qassem Soleimani in an drone strike in Iraq last week, and that U.S. President Donald Trump "absolutely had the authority" to order the strike without congressional approval.
Clark declares First Congressional District candidacy
"I still have a pretty strong passion for public service which to me means making a positive impact on people," the 61-year-old retiree said in an interview. "I want to do that by working hard and improving the quality of life."
Civics 101: Tennessee's First Congressional District
To seek or hold the office of U.S. House of Representative, a person must be at least 25 years of age, a citizen of the United States for seven years and a Tennessee resident.
Wise prosecutor concerned by parts of Northam's 'radical' justice reform agenda
Wise County Commonwealth's Attorney Chuck Slemp III, a member of the Virginia Association of Commonwealth's Attorneys' legislative watch committee, said that VACA members are still reviewing various prefiled bills for the 2020 General Assembly session which starts Jan. 9.
Governor announces criminal justice reform agenda for Virginia General Assembly session
Northam's legislative proposals include decriminalization of marijuana, parole reform, raising the felony larceny threshold, raising the age of juvenile transfer to adult court, and the permanent elimination of driver's license suspensions for unpaid fines, fees, and court costs.
Roe announces retirement, cites accomplishments
"Serving East Tennesseans these past 11 years has been the honor of my life, and I will be forever grateful for the trust my friends and neighbors put in me to represent them. As someone who practiced medicine for over 30 years, I said I would serve five or six terms because I never intended this job to be a second career," Roe said in a prepared statement. "After prayerful consideration, I have decided to retire at the end of the 116th Congress."


I am an mobile app developer based in Brighton currently focusing on iPhone development, with 10 years experience developing robust commercial systems in Java, C# and C++. As of August 2010 I have set up as a freelancer under my company Radical Robot Ltd. I specialise in mobile app development but also freelance as a Java and C# developer too.
In my spare time I dabble as a robotics hobbyists, building small simple robots to entertain me and my partner by scaring or playing with our cat. As part of this hobby I set up the Hackspace here in Brighton, BuildBrighton.
Please give me a call, I have a very high profile contract with an Investment Bank.
My number is 0207 038 6434.
I found your profile on LinkedIn, and as I am looking for a freelance mobile app developer I am hoping to have a brief chat with you.
I came across your details on LinkedIn and would like to discuss an opportunity with you regarding a start up company who are currently in stealth mode and will be launching a valuable and meaningful social web world. It's going to be big scale, involving Mobile, Local, Social, Gamelike, Realtime, Group Messaging, Community, Collaboration, and Open Data.
They're working on some fun challenges and with cutting edge frameworks. Their core software is a combination of realtime responsiveness, very large data sets and interesting data mining opportunities.
They were founded by one of the original members of Skype and their current CTO was an original member of Betfair. They have a number of people behind the company and have some market leaders advising them on their product, one of which is Anthony Rose who led the iPlayer development.
Please can you call me ASAP on 0207 558 8556 to discuss this opportunity.
I don't have an email address for you, let me know what it is.
Are you free to meet me and Emily to chat about a little notebook project we are working on. I think your input could be quite useful.
Monday or Thursday pm would be best for us.
Found the jewellery we discussed at iOSDevUK.


Schär, the UK's most frequently bought gluten free brand (3) is the first brand in the UK to offer low FODMAP accredited products in UK supermarkets. This news comes as 10 items from the range have been certified as being low FODMAP by Monash University, the founders of the low FODMAP diet.
A third of UK adults (32%) say they have or have had IBS, equating to over 16 million people.1,2 Of these, approximately 3 million people follow, or have followed a low FODMAP diet to manage their symptoms1,2.
FODMAPs are a collection of carbohydrates that are poorly absorbed into the gut, which can trigger IBS symptoms in some people. The low FODMAP diet excludes foods that can contribute to IBS symptoms like intestinal bloating and pain.
Low FODMAP labelling can be found on pack to help customers clearly identify which products within the range have been certified.
To provide more information for customers, Schär is also launching a dedicated online information source ibstummies.co.uk, featuring information about IBS and the low FODMAP diet, alongside informative videos and infographics to help consumers learn more. Visitors to the website will also be able to request a free information pack, including a mini low FODMAP product guide, fridge sticker featuring low FODMAP foods, recipe cards, plus an informative low FODMAP leaflet.
To enquire about listing Schär products, please contact sales.uk@drschaer.com, or call 01925 865100.
For more information, visit www.schar.co.uk.
Schär is a European specialist in gluten free food products. A brand of Dr Schär which has decades of experience in supplying people across the world on a gluten free diet with a broad range of tasty and innovative products and services to improve their quality of life. The Schär range in the UK includes bread and rolls, sweet and savoury foods such as biscuits and crackers, a selection of frozen, convenience meals, pizzas and fresh pasta products.
Schär is committed to making gluten and wheat free food as convenient and tasty as mainstream foods. All products are suitable for people diagnosed with coeliac disease, wheat allergy/intolerance, non-coeliac gluten sensitivity or who choose a gluten free diet as a personal choice. Schär also offers a range of 10 products that have been certified as low FODMAP by Monash University, suitable for those following the diet under the supervision of a dietitian for the management of IBS.
FODMAPs, an acronym that stands for Fermentable Oligosaccharides, Disaccharides, Monosaccharides and Polyols, are a collection of short-chain carbohydrates (sugars) that aren't absorbed properly in the gut, which can trigger IBS symptoms in some people.
The low FODMAP Diet should be followed under the supervision of a qualified dietitian or healthcare professional who is experienced in this specialised area. The diet begins with a 4-8 week period of exclusion and then the FODMAPs are gradually reintroduced to see which ones trigger symptoms. Despite including the word "diet", a low FODMAP approach to eating is not intended as a weight loss plan.


Hoping we can get this to the dev team.
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1) Some of the text describing scores 0-3 are truncated in the table.
eg: Procurement Policy including Supply Chain Management, Value 3 "The Procurement policy .... implemented by teh school and"
....Lets get these labels reviewed.
Recruitment and selection for policy for SGB posts.
This value should only store in Field 11 on table SGBFunctions however its writing its value to Fields 11 through to 20.
Thusly the answers for the next section, Section B Meetings, the values don't store in the table (Fields 12-20) however the statistics table gets updated.
Checked all the rest of the survey questions, only the first 10 write and save their values, the other 34 do not - they only update the stats tables.
How do we enter Extra mural activity so that it appears in the Report.
Current time: 04-20-2019, 07:09 PM Powered By MyBB - SA-SAMS, © 2010-2019 South African School and Administration Management System.


CRYPTO ASSET RATING Inc is the first company to launch token as a SECURITY under Regulation S of SEC.
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CAR's partially-distributed rating methodology includes opinion from both in-house and external experts. Our rating process is a multi-layer approach to ensure that each crypto asset passes through multiple eyes for validation of rating scores. Our smart contract based rating process provides the appropriate governance structure and auditability of the rating assigned. We strive to provide the most objective and transparent rating framework for crypto assets.