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Election - 2009
Frivolity
Evanston Council to Let Library Board Manage Budget
Submitted by jeffpsmith on Thu, 11/18/2010 - 10:20
In a dramatic, surprise conclusion to a long discussion and even-longer controversy, the Evanston City Council late Wednesday night apparently ended its lead role in the Evanston libraries debate by voting 7-2 to accept the City Manager's proposed 2011 budgetary amount for the library system but let the Library Board administer that budget, without the Council dictating either that the neighborhood branches close or that they remain open. What this means is that decisions on the branches (and most other facets of library operation) during FY2011 will be in the hands of the 9-person Library Board, a semi-autonomous commission that exists under state law and is appointed by the mayor with consent of the Council. Remarks of Council and the City Manager also signaled no intent to go to war with the Library Board over future budgeting by way of the Library Fund, the mechanism by which Illinois public libraries set their tax levy.
Dollar Difference Was Small, Branch Dispute Large
Both the Library Board and the Council have been working with creating 10-month budgets for March through December, 2011, as they shift to a calendar-based fiscal year rather than the March-to-February fiscal years of the past; this will remove the heavy budget sessions from the holiday season, a burden on Council, staff, and public. The Library Board had submitted a 10-month budget to the Council totaling a little over $3.9 million. By comparison, in 2009-10, the City Manager's proposed library expenditures on a 10-month basis would have been a little over $4.23 million. So the current Library Board proposal, which would have allowed restoration of one day of service per week at the neighborhood branches, still represented an 8% decrease.
The City Manager this year proposed a library budget with 10-month expenditures of $3,756,051, only $148,000 less than the Library Board's proposal. However, it included no funds for the neighborhood branches, i.e., closing them. This upset library advocates who understandably thought that the successful fundraising the Council had asked them to undertake, along with the overwhelming support for the neighborhood branches and the library system demonstrated during the budget workshop process, would result in a budget that laid the matter to rest for at least some time.
Outcome of Meeting Was Uncertain
Going in, most Council observers, including some Council members, could not say how the matter would resolve. Aldermen Melissa Wynne (3rd) and Jane Grover (7th), in whose wards the neighborhood branches reside, had generally expressed support for their continued existence, although Wynne suggested that a location on Main might make more sense for the South Branch, which suffers from old physical plant and ADA non-compliance, and is located on a very busy stretch of Chicago Avenue. Ald. Mark Tendam (6th), representing a northwest Evanston ward that has no library or community center, but where many residents patronize the North Branch and Central Street, had been a vocal supporter of the neighborhood branches.
By contrast, Ald. Ann Rainey (8th) and Coleen Burrus (9th) had consistently bashed the neighborhood branches and their supporters; although the South Branch is the closest library for almost all 8th and 9th Ward residents, it is still too far for many in too walk, especially from southwest Evanston. Similarly, Ald. Delores Holmes (5th), representing a ward where the West Side neighborhood branch was opened and then shuttered in the 1970s, had indicated many months ago that funding existing branches was not a budget priority, as had Ald. Don Wilson (4th). That left most branch supporters and observers looking to Alds. Lionel Jean-Baptiste (2d) and Judy Fiske (1st), who had supplied votes a year earlier on the compromise to keep the branches open provided the Evanston Public Library Friends came up with 6 months' funding. However, neither had committed going into Wednesday's meeting; FIske, while expressing support for the branches as drivers of neighborhood small business economies, had concerns that the Library Board if given discretion would cut hours or collections for the Main Branch, heavily used by many 1st Ward residents.
Special Tax Idea Hits Snags
Fiske opened the discussion by moving that the City fund the branches with Economic Development money through 2011, while either exploring or "moving toward" Special Service Areas ("SSAs") as a funding mechanism. An SSA imposes an additional property tax surcharge on property-owners in a defined area, to be directed toward specific "special services." The mechanism is most common for new developments requiring substantial infrastructure; in Evanston, the existing SSA taxes downtown business property-owners to promote downtown business.
FIske's proposal, if passed, would have kept the branches afloat for as much as another year; whether the SSAs would ever have materialized is debatable. With Jean-Baptiste and Grover signaling willingness to at least entertain it as a compromise, initial appearance was that this was a 5-vote solution. However, the more the idea was discussed, the more objections surfaced, ranging from the divisive effect of making some residents pay for services that all can use, to the delay and uncertainty involved in the SSA creation process (which requires notices, hearings, possible citizen objection, and a levy that would not be collected until 2012), to arguments by branch opponents that the can would just be kicked down the road. The motion, amended once or twice, was finally called and failed 2-7, with only Jean-Baptiste joining Fiske.
Holmes Triggers Quick Resolution
During the wide-ranging discussion following Fiske's motion, which veered periodocally off the parliamentary pathway, and included an amendment to tap an unearthed City Manager reserve fund rather than Economic Development funds, Grover had urged that the Council defer to the Library Board, and pass a budget but not micro-manage decisions such as branch operations. Citizen comment, as it had two days earlier, had included remarks by a Board member, in this case Dr. Gail Bush, a respected library professional with impressive credentials. Grover echoed Bush's citation of the state law clause that requires the Board to exercise its duties to maximize library benefit for residents and taxpayers.
Following the failure of Fiske's motion, Holmes, who had been largely silent during the discussion, was recognized by Mayor Tisdahl. Saying that she was heartened to hear that the Board was committed to expanding library services to reach all residents better, something she had always wanted, and that she was herself someone who loved to read, Holmes indicated agreement with Grover's idea of letting the Board manage the library funds.
At that point Rainey surprised most in the room and watching on cable by making a motion to do exactly that; the budget amount would be what the City Manager had proposed, but the Library Board would decide how to use it. The motion was swiftly seconded and, after Grover clarified that the action did not require closing the branches (nor keeping them open), passed on a 7-2 vote, with Fiske and Burrus the minority. The gallery, consisting largely of branch supporters, erupted in cheers.
Trying to figure out why the Council does what it does is a task that might confound an old Kremlinologist. A typical observer,even a longstanding one, might be befuddled why Rainey, a persistent opponent of the neighborhood branches, who even that evening had forefully reiterated her longstanding feeling that the South Branch was little-used and should close, would initiate what some might see as a delegation of authority to a Board that had earlier passed a budget (by 7-1 vote) that would maintain the neighborhood branches. Rainey's action, however, was smart politics.
Holmes's statement signaled that Grover's position had five votes. Any good poker player knows when you hold and when you fold. Rainey's motion pre-empted a branch supporter from so moving, and limited the amount delegated to the Library Board to a sum $150,000 short of what the Board felt was needed to keep the branches open and restore some hours.
Rainey, however, had also expressed the fatigue that many on both sides of the debate feel at its prolonged, emotional nature. A 7-2 vote is far less divisive or likely to rankle than a 5-4 squeaker. Rainey deserves some credit for a move that will accelerate much-needed healing in the community.
The Near Future and Beyond
The challenge now falls to the Library Board to figure out what to do with a budget $148,000 less than even the reduced sum it had requested. Much previous testimony before the Council had demonstrated how Evanston spends much less on its libraries than neighboring communities, altho the contribution of the City to overhead was never fully calculated. During the discussion of Fiske's SSA motion, the idea of tapping some less-apparent reserves in the budget seemed to have some support, and had Rainey's motion not passed so swiftly, an amendment to tap some of those might have been in order.
However, despite their weariness at nearly a year of this drama, the Evanston Public Library Friends still exist as a likely ally willing to pitch in to help fill the gap, and the Board's budget, it must be remembered, actually represented some increase in branch hours. Raising the funds to continue operation at at least the existing service levels is not insurmountable. The initial expectation is that the Board and library advocates will bend their energies toward solutions that will not hamstring any branch, including the Main.
The most important development in the evening was the repeated indication by City representatives that the use of a Library Fund per Illinois statute was something the City could live with. A few days earlier, the Library Board had devoted a half-day to explaining how that would work, complete with a presentation by Des Plaines's former library director on that city's experience in cooperation. While the Fund rollout in August had provoked strong reaction and hasty accusations of "usurpation" or a tax grab, cooler minds seem to have since prevailed. What hundreds of other Illinois municipalities deal with, Evanston can surely deal with as well.
The apparent City-Board detente for 2011 also means that the Board and library supporters can begin long-overdue long-range planning, including addressing the legitimate concerns of citywide equity in libraries location. It is more than likely that, ultimately, this will require additional funding commitments down the road. However, one advantage of the Library Fund administrative model is that it will be far easier for Evanstonians to see what is spent or not spent on libraries, and why, and what it costs us. A $4M budget is more than a drop in the bucket, but it's only a small pail compared to the overall spending of City and the two school districts, which top $400 million combined. Dollar per dollar, libraries deliver enormous bang for the buck, preserving both knowledge and culture while advancing some our most cherished values and ideals.
Video of the budget discussion is on the City website at http://www.cityofevanston.org/city-budget/video/ The library discussion begins at approx 1:31 in and lasts a little over an hour, until 2:40. -- Jeff Smith
trish stieglitz
Great summary
Thanks for taking the time to write the summary of the budget hearing from last night. It was all that and more . . . .
There is much work ahead but I have faith that with the leadership of the Library Board, along with the staff and help from EPLF that Evanston can move toward a library system that everyone has access to and everyone is proud of. Because I also believe that the Library Board will be fiscally responsible and considerate to the concerns of all residents,it may take years and a lot of volunteer efforts to achieve such a system. But I believe that we will eventually get there. Last night was a big first step.
David Staub
Thanks for the in-depth summary
Thanks for taking the time to explain not just the result of last night's council vote, but the process leading up to the resolution.
The solution is a good one, though as you note there is much work to be done, including helping the Library Board fill the funding gap.
carrieswearingen
Fabulous Recap
This is marvelous. Thanks for taking the time to write this, and for your talent in making all of the details understandable for those of us on the sidelines.
Carrie Swearingen
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MRIDULA SARABHAI (1911–1974)
Mridula Sarabhai was a freedom fighter. Born into the wealthy industrialist Sarabhai family of Ahmedabad, she was one of the eight children of Ambalal Sarabhai and Sarla Devi. A a child she was familiar with Gandhi and Jawaharlal Nehru, though she went on to criticise them later. The family called her 'Boss', and the keepers of the liquor shops she picketed dubbed her 'Pathan'. She helped organize the Youth Conference in Rajkot in 1927. In 1934, she was elected from Gujarat to the All India Congress Committee. Subsequently she contested as an independent and won handsomely.
During Partition she fought at great personal risk to save girls abducted by mobs, and to prevent refugees, both Hindu and Muslim, from being hurt or killed. After Independence Nehru gave her an office at Constitution House, and from 1946 to 1953 the task of rescuing abducted women on either side of the border, and returning them to their families, was taken up. She was the only person with stature enough to cross the border without a guarantee of personal safety. Her work in these areas gave her a deep acquaintance with border politics and the people in it, including Sheikh Abdullah and Abdul Ghaffar Khan. She headed the women's wing of the Congress and advised the Constituent Assembly on women's rights.
In 1953 Sheikh Abdullah was arrested and imprisoned by the Indian government. Mridula immediately protested. She felt Abdullah was the only popular leader who could bring democracy to Kashmir; that India was only alienating Kashmiris by doing this and moreover displaying hypocrisy since India had criticised Pakistan earlier for imprisoning Abdul Ghaffar Khan. Forbidden by Nehru to speak in public on Kashmir, between 1953 and 1972 she printed and distributed pamphlets, convinced that when people knew the true facts the situation would change. In 1958 she was dismissed from Congress membership and in 1958 imprisoned without trial in Tihar Jail. This was highly embarrassing for Nehru, but her activities had reached such a pitch that he could no longer ignore them. Though many criticized her stand, none doubted her integrity. As a reporter, she worked for Gujarat Samachar in Ahmedabad and for the National Herald.
During the year 1946. She became one of the secretaries of the Indian arm of Amnesty International from 1968-74.
A book has been released on her Mridula Sarabhai:Rebel with a Cause by Aparna Basu.

redpajama_set_name: RedPajamaCommonCrawl


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redpajama_set_name: RedPajamaStackExchange


Clowns International was formed as the International Circus Clowns Club in 1946. Clowns started meeting at St. James's Church (now part of Joseph Grimaldi Park), Pentonville Rd. Islington N1. the burial place of Joseph Grimaldi, to commemorate 'the father of Clowning' and in February to hold a memorial service. In 1959, St. James's was deconsecrated due to subsidence and a fire. The clowns then moved to their new spiritual home, Holy Trinity Church, Dalston E8. Pictures and painting of clowns soon started appearing in a room behind the church and the Clowns' Gallery was born. Over the years, it's grown from strength to strength and now incorporates many costumes and props with loads of artefacts from the world of clowning and becoming a museum, gallery, archive and reference library on clowning. For more information about the Gallery & Museum contact: The Secretary via our contact page.


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As one of our preferred photographers and favorite collaborators, enjoy reading about him and his unique passions.
Bucataru means "cook" in Romanian [that's where I'm from], and that's exactly what I want to be when I grow up. Besides being a photographer, of course. But I really love cooking.
Cooking and photography seem to go together well in my world since I really enjoy taking photos of anything I might have on the menu on the days I am on dinner duty for my family. Even if it comes to having groggy, hungry kids and a wife waiting until I finish taking photos of every possible angle of the completed dish. Anything for art!
Deep down I want to be a movie director. That's when I picked up the video camera and started playing with the medium of video. Anything from writing scripts, storytelling and cinematography to sometimes acting, excites me greatly.
The devil is into details, and so am I. There's so much story under the surface of my everyday, mundane subjects. Discovering and capturing that on my camera can mean the day for me.
Each photoshoot is a challenge, just like life is. That's what excites me – be it people, portraits or still life.
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I take my camera wherever I go, so my portfolio varies from food [of course!] to off-roading in a sandy forest somewhere in Florida.
The largest portion of my portfolio is shot for stock at the coolest Canadian co-op agency called Stocksy [ www.stocksy.com/photogabi ]. That's where you'll find me 99% posting and displaying my latest meanderings. Chances are that you might have seen one of my photos in an ad or article in a magazine or on a billboard somewhere on your trips.
Each photoshoot opportunity is different, which can be intimidating at first, but it almost always ends with something new learned and discovered.
Life is an art in itself, and creative opportunities are at every step. I am eager to see what's in store, and feel privileged to be able to capture them even if only 1/100 of a second [if lighting is proper].
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Kevorkian v. Glass
Havlik v. Johnson Wales University
For purposes of this decision the Court assumes without deciding that the Crime Alert is defamatory. See…
Havlik v. Johnson Wales
Defamation is a common law cause of action that arises under state law (here, the law of Rhode Island — the…
Full title:Paula KEVORKIAN v. Judith GLASS both personally and in her capacity as…
Court:Supreme Court of Rhode Island
Date published: Jan 1, 2007
913 A.2d 1043 (R.I. 2007)
Supreme Court of Rhode Island
explaining that "to overcome a motion for summary judgment based on a qualified privilege, a plaintiff must point to some specific facts in the record that raise a genuine issue" as to the existence of malice
Summary of this case from Havlik v. Johnson Wales
No. 2002-152-Appeal.
Janaury 22, 2007.
Appeal from the Superior Court, Providence County, Krause, J.
J. Ronald Fishbein, Esq., Providence, for Plaintiff.
Stanley F. Pupecki, Esq., for Defendant.
Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.
Justice FLAHERTY, for the Court.
For the second time in this defamation action, the plaintiff, Paula Kevorkian (Kevorkian or plaintiff), appeals from the Superior Court's grant of summary judgment in favor of the defendant, Judith Glass (Glass or defendant). In Kevorkian v. Glass, 774 A.2d 22 (R.I. 2001) ( Kevorkian I), this Court reversed the judgment of the Superior Court on the grounds that the motion justice erred when he granted summary judgment to the defendant without giving Kevorkian the ten days required by Rule 56 of the Superior Court Rules of Civil Procedure to prepare and file a response to the motion. We vacated the Superior Court's judgment and remanded the case so that the plaintiff could be given the requisite time to prepare her response.
Although Judith Glass was sued in both her professional and individual capacity, she remains the only defendant in this case. Our review of the record, including plaintiff's complaint, indicates that Northeastern Corporation d/b/a Pawtuxet Village Nursing and Rehabilitation Center never was made a party to this action.
On remand, defendant filed a new, properly noticed, motion for summary judgment on the grounds that (1) the statement in question was not defamatory, and even if the statement was defamatory, (2) it was covered by a qualified privilege. After a hearing on the motion, a second motion justice agreed with defendant and granted summary judgment in her favor. The plaintiff timely appealed. We affirm the judgment of the Superior Court.
Facts and Procedural History
Kevorkian is a licensed practical nurse (LPN) who began working for the Pawtuxet Village Nursing and Rehabilitation Center (Pawtuxet Village) in 1989. In April 1994, plaintiff was suspended from work for three days for insubordination. Specifically, Glass, the director of nursing at the center, alleged that plaintiff had failed to dispense necessary medication to patients at Pawtuxet Village. Kevorkian disputed her employer's allegation, and, unwilling to continue to work under the shadow of such accusations, she resigned her position with Pawtuxet Village and announced that she had secured new employment elsewhere. After she left Pawtuxet Village's employ, she began working for various other nursing homes.
Approximately two years after she resigned, Kevorkian, although she was gainfully employed at the time, contacted Mercury Medical, a placement agency for nurses. Apparently, Mercury Medical asked Kevorkian if Pawtuxet Village could be contacted for a reference. Kevorkian agreed, and a document entitled "Reference Form" was faxed to Glass. Glass left the document largely incomplete, but she did fill out three parts of it before faxing it back to Mercury Medical. First, she checked a box marked "very good" for the category "appearance;" second, she answered "no" to the question "[w]ould you rehire;" and, finally, she wrote that the reason she would be unwilling to rehire Kevorkian was because of "unacceptable work practice habits." At that time, Kevorkian had no knowledge of the contents of Glass' reference.
Mercury Medical is a division of Deunce Enterprises, Inc.
After Glass submitted the reference form, Kevorkian began attending interviews with prospective employers set up by Mercury Medical. Perplexed that none of those facilities offered to hire her, Kevorkian began to suspect that she had received a poor reference from her former employer, Pawtuxet Village. When she discovered the contents of Glass' reference, Kevorkian's suspicions were confirmed, and she decided to file suit.
On July 11, 1997, plaintiff filed a one count complaint alleging that, by using the phrase "unacceptable work practice habits" in the context of a work reference, defendant had defamed her by "circulating a libelous and slanderous job reference form to prospective employers." The complaint further claimed that defendant's publication of that phrase was "induced by malice, not in the legal sense but rather malice such as personal spite or ill will towards the plaintiff." The defendant answered the complaint, and both parties proceeded to discovery.
On February 23, 2000, the day that the case was reached for trial, counsel for defendant offered the court a "Pre-trial memorandum of Defendants." In that document, defendant argued that the phrase "unacceptable work practice habits" was not capable of a defamatory meaning, and she moved that the case be dismissed. The trial justice treated Glass' motion as one for summary judgment. Although plaintiff did make an oral argument opposing the motion, she was given no opportunity to file a written response. After hearing the arguments of counsel, the trial justice granted summary judgment to defendant, and plaintiff appealed. On appeal, we reversed the decision of the Superior Court and held that Rule 56 requires that, upon a party's motion for summary judgment, the nonmoving party must be given at least ten days to file a written response and to adequately prepare for the hearing on the motion. Kevorkian I, 774 A.2d at 25.
On remand, defendant once again moved for summary judgment, and this time, plaintiff was given appropriate notice and adequate time to prepare her objections to that motion. At the hearing, defendant argued that (1) the statement "unacceptable work practice habits" is not capable of a defamatory meaning; and even if the statement is capable of such meaning, (2) defendant's publication of that statement to Mercury Medical was protected by a statutory privilege set forth in G.L.1956 § 28-6.4-1(c), and that plaintiff had produced no evidence that defendant's publication was induced by malice and therefore beyond the scope of that privilege. The motion justice agreed and granted summary judgment for defendant. The plaintiff timely appealed.
"In passing on a grant of summary judgment by a justice of the Superior Court, this [C]ourt conducts a de novo review." United Lending Corp. v. City of Providence, 827 A.2d 626, 631 (R.I. 2003). "Only when a review of the admissible evidence viewed in the light most favorable to the nonmoving party reveals no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law, will this Court uphold the trial justice's grant of summary judgment." Carlson v. Town of Smithfield, 723 A.2d 1129, 1131 (R.I. 1999). Further, "[t]he party opposing the motion for summary judgment `carries the burden of proving by competent evidence the existence of a disputed material issue of fact and cannot rest on allegations or denials in the pleadings or on conclusions or legal opinions.'" Taylor v. Mass. Flora Realty, Inc., 840 A.2d 1126, 1129 (R.I. 2004) (quoting United Lending Corp., 827 A.2d at 631).
"To succeed in an action for defamation, the plaintiff must prove: (1) the utterance of a false and defamatory statement concerning another; (2) an unprivileged communication to a third party; (3) fault amounting to at least negligence; and (4) damages." Mills v. C.H.I.L.D., Inc., 837 A.2d 714, 720 (R.I. 2003) (citing Budget Termite Pest Control, Inc. v. Bousquet, 811 A.2d 1169, 1172 (R.I. 2002); Nassa v. Hook-SupeRx, Inc., 790 A.2d 368, 373 n. 10 (R.I. 2002)).
The plaintiff argues that the motion justice erred when he held that because the phrase "unacceptable work practice habits" is incapable of a defamatory meaning, plaintiff could not satisfy the first element of her defamation claim. For the purposes of this opinion, we will assume without deciding that the phrase used by defendant is defamatory. We do so, however, because we agree with the motion justice that defendant's publication of the allegedly defamatory statement was clearly covered by a qualified privilege found in § 28-6.4-1(c). Even before the statute was enacted, it was well settled in this jurisdiction that, "[t]he publisher of an allegedly defamatory statement may avoid liability if he or she is privileged to make the statement in question." Mills, 837 A.2d at 720. In our opinion, the critical issues in this case are whether defendant enjoyed a qualified privilege under § 28-6.4-1(c) to make the allegedly defamatory statement and, if so, whether plaintiff pointed to anything tangible that would create a genuine issue regarding whether the privilege was abrogated by the conduct of the defendant.
General Laws 1956 § 28-6.4-1 (c) provides:
"An employer that, upon request by a prospective employer or a current or former employee, provides fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is immune from civil liability for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was:
"(1) Knowingly false;
"(2) Deliberately misleading;
"(3) Disclosed for a malicious purpose; or
"(4) Violative of the current or former employee's civil rights under the employment discrimination laws in effect at the time of the disclosure."
In the realm of defamation, privileges exist in two different forms: absolute and qualified. Here, we deal only with the latter. Generally, under the judicially created doctrine of qualified privilege,
The major difference between the two types of privilege is that a qualified privilege may be lost in situations in which the publication exceeds the scope of the privilege or is the fruit of improper motivation. For example, a qualified privilege may be lost when the publication of an allegedly defamatory statement is induced by spite or ill will — also known as common-law malice. See Belliveau v. Rerick, 504 A.2d 1360, 1363 n. 1 (R.I. 1986). Absolute privileges, on the other hand, are not subject to such limitations. See Restatement (Second) Torts §§ 585 through 592A (1977).
"[a] qualified privilege exists if the publisher makes the statements in good faith and `reasonably believes that he has a legal, moral or social duty to speak out, or that to speak out is necessary to protect either his own interests, or those of third person[s], or certain interests of the public.'" Mills, 837 A.2d at 720 (quoting Ponticelli v. Mine Safety Appliance Co., 104 R.I. 549, 551, 247 A.2d 303, 305-06 (1968)).
In Swanson v. Speidel Corp., 110 R.I. 335, 340, 293 A.2d 307, 310 (1972), a case factually similar to the matter now before us, we held that a former employer's communication to a prospective employer with regard to the work characteristics of a former employee was protected by a qualified privilege. Id. at 310. In that case, we said that:
"the public interest requires that the protection of the privilege be accorded to a communication by a former employer to a prospective employer with regard to a former employee's work characteristics where the publisher acts in good faith and has reason to believe that to speak out is necessary to protect `* * * his own interests, or those of third persons, or certain interests of the public'" Swanson, 110 R.I. at 340, 293 A.2d at 310 (quoting Ponticelli 104 R.I. at 551, 247 A.2d at 305-06).
The qualified privilege can be overcome, however, when the plaintiff proves "that the person making the defamatory statements acted with ill will or malice." Mills, 837 A.2d at 720 (citing Di Biasio v. Brown Sharpe Manufacturing Co., 525 A.2d 489, 492 (R.I. 1987)).
When it enacted § 28-6.4-1(c), the General Assembly essentially codified the Swanson holding and created a statutory qualified privilege for former employers' communications to prospective employers concerning former employees.
Here, the motion justice found that defendant's statement that plaintiff had "unacceptable work practice habits" clearly was covered by the § 28-6.4-1(c) privilege. We agree. The defendant is a former supervisor of plaintiff who, at the request of both plaintiff and a placement agency (Mercury Medical), provided information about plaintiff's work performance while she was employed at Pawtuxet Village. Clearly, when she received an inquiry about Kevorkian from a prospective employer, Glass had a qualified privilege under § 28-6.4-1(c) to reveal her dissatisfaction with plaintiff's work during the time she worked at Pawtuxet Village. Thus, according to § 28-6.4-1(c), a presumption of good faith attached to defendant's publication and the burden of rebutting that presumption shifted to plaintiff.
At the summary judgment hearing, plaintiff argued that defendant's statement was made for a malicious purpose, thereby removing it from the scope of the privilege provided by § 28-6.4-1(c). However, we conclude that plaintiff did not meet the burden imposed on her by Rule 56 of directing the court to specific facts that raise a genuine issue about whether defendant made the publication for a malicious purpose. The plaintiff argues that the issue of whether a qualified privilege is abrogated by the malicious intentions of the publisher of a defamatory statement presents a question of fact to be resolved by the fact-finder at trial, and not by the judge on a motion for summary judgment. In our opinion, plaintiff misstates the summary judgment standard.
Although, it is true that, "[w]hether ill will or spite is the incentive for a publication is, * * *, a fact question and is ordinarily for the fact-finder to decide * * *[,]" Swanson, 110 R.I. at 341, 293 A.2d at 311, to overcome a motion for summary judgment based on a qualified privilege, a plaintiff must point to some specific facts in the record that raise a genuine issue relative to the existence of such ill will. Indeed, it is axiomatic that a party opposing a motion for summary judgment "will not be allowed to rely upon mere allegations or denials in [the] pleadings. Rather, by affidavits or otherwise [the opposing party has] an affirmative duty to set forth specific facts showing that there is a genuine issue of material fact." Providence Journal Co. v. Convention Center Authority, 774 A.2d 40, 46 (R.I. 2001) (quoting Bourg v. Bristol Boat Co., 705 A.2d 969, 971 (R.I. 1998)); Gallo v. National Nursing Homes, Inc., 106 R.I. 485, 488, 261 A.2d 19, 21 (1970) ("a party opposing a motion for summary judgment is not entitled to hold back his evidence until trial nor is he entitled to a trial on the possibility that an issue of material fact might turn up at the trial").
We noted as much in Belliveau, when we stated that once a qualified privilege is established, it is then necessary "to determine whether the plaintiff [has] raised, in opposition to the motion for summary judgment, a genuine issue of material fact in respect to common-law malice." Belliveau, 504 A.2d at 1363.
We are aware that it has been frequently held that when a decision depends upon a person's state of mind, as it does here, summary judgment is appropriate in only the most unusual cases. See, e.g., Sammons v. Taylor, 967 F.2d 1533, 1545 (11th Cir.1992); Charbonnages de France v. Smith, 597 F.2d 406, 414 (4th Cir.1979); Wauchop v. Domino's Pizza, Inc., 832 F.Supp. 1577, 1580 (N.D.Ind.1993). "This is so simply because in such cases it is difficult to meet the requirement of the rule that the moving party demonstrate the absence of a genuine issue of fact." Robert B. Kent et al, Rhode Island Civil and Appellate Procedure, § 56:2 (2006). But, in the case of The Washington Trust Co. v. Fatone, 104 R.I. 426, 244 A.2d 848 (1968), we quoted with approval language contained in the Barron Holtzoff treatise with respect to the federal rule which instructs that, as long as there has been ample opportunity for discovery, summary judgment is warranted in those situations in which the party opposing the motion cannot point to any facts at all that raise a genuine issue with respect to the moving party's state of mind:
"A court should be cautious in granting a motion for summary judgment where state of mind is involved, or where the facts are peculiarly in the knowledge of the moving party, and should be sure that the party opposing the motion has had a fair opportunity to use the discovery process to probe his opponent's mental state and to examine the facts his opponent has at hand. But if, after such an opportunity, the opposing party cannot point to anything tangible which will create a genuine issue of material fact, the motion should be granted." Fatone, 104 R.I. at 435-36, 244 A.2d at 853 (quoting Barron Holtzoff, Federal Practice Procedure, § 1232.2 at 78 (1967 Supp.)).
After a careful review of the record, we agree with the motion justice that plaintiff has pointed to no facts that, taken together with the other papers in the case, show that defendant's publication of the defamatory remark was motivated by malice toward plaintiff.
We note that plaintiff did not submit a memorandum to support her objection to defendant's motion for summary judgment. This omission placed plaintiff in a peculiar position: to rebut the good faith presumption attached to defendant's publication by § 28-6.4-1 (c), plaintiff's only opportunity to point out specific facts showing malice was to do so orally at the hearing.
On no less than three occasions, the motion justice asked plaintiff's counsel to point to some facts in the record demonstrating ill will on the part of defendant to rebut the presumption of § 28-6.4-1(c). The plaintiff failed to do so on each occasion.
At the hearing below, the following colloquy took place:
"[DEFENSE COUNSEL]: Well, your Honor, under Rule 56, the standard required for the Plaintiff is for the Plaintiff to present some information for the Court that would rebut that presumption. The Plaintiff has simply failed to do that, your Honor.
"THE COURT: What do you say?
"[PLAINTIFF COUNSEL]: We have presented references to deposition transcripts. * * *."
Our review of the record has revealed that no such references ever were presented to the court.
Later, the court again requested that plaintiff produce some facts to overcome the § 28-6.4-1(c) presumption of good faith:
"THE COURT: What have you done, * * * for your client to rebut the so-called negative reference, the malice?
"[PLAINTIFF COUNSEL]: Well, the issue of 28-6.4(c), its [ sic] stated in that brief that the deposition transcript and interrogatory answers where my client's contention, and I think you're right, it is an issue at trial, whether she informed them that she was —
"THE COURT: What is your conclusion from my question, when you say you think I'm right?
"[PLAINTIFF COUNSEL]: When she went there after they suspended her they said, "No, no, we don't want you to leave, we are only trying give [ sic] you a good scare," and also the deposition of Judith Glass that we suspected that she wasn't passing out the medication, not that we knew, "We suspected.'"
Apparently, it was plaintiff's contention, as it is here on appeal, that if defendant considered plaintiff's work habits acceptable enough not to fire her, then a reasonable inference may be drawn that her negative reference must have been made with malice. It is our opinion, however, that plaintiff's contention constitutes nothing more than a conclusion devoid of factual foundation, and that such an inference would not be reasonable.
Finally, the hearing justice, after laying out the burden shifting required by § 28-6.4-1 (c), requested for a third time that plaintiff point to evidence of malice by defendant:
"THE COURT: * * * under that statute, the privilege is there. Your burden would be to come forward and rebut that presumption of good faith, and it's rebuttable only upon a showing by a preponderance of the evidence, that the information disclosed was false. That it was disclosed for a malicious purpose. The problem is, what evidence do you have at this point? [Plaintiff's counsel] has not rebutted that presumption. He has the burden.
"* * *
"THE COURT: Maybe I should reverse that and ask him, what evidence have you put in the record so far by way of depositions, etc. to rebut this privilege in the statute?
"[PLAINTIFF COUNSEL]: Your Honor, the statute has been examined by case law. When you examine Beattie v. Fleet, when you examine Belliveau v. Rerick, what the Supreme Court says is you can say a defamatory opinion. What you can't do is you can't leave out the underlying facts to enable the recipient of that reference to determine for themselves what's acceptable * * *."
Though it is irrelevant to the disposition of this case, plaintiff is incorrect in her assertion that § 28-6.4-1(c) has been "examined" by this Court. This Court has yet to interpret or apply § 28-6.4-1(c) in any case prior to this one. Both Belliveau, and Beattie v. Fleet National Bank, 746 A.2d 717 (R.I. 2000), deal exclusively with the issue of whether opinions may be actionable as defamation. Section 28-6.4-1 is not mentioned in either opinion.
Despite the court's repeated requests, plaintiff was unable to point to "`anything tangible which [would] create a genuine issue of material fact,'" Fatone, 104 R.I. at 436, 244 A.2d at 853, concerning defendant's state of mind.
We are convinced that plaintiff was given "`a fair opportunity to use the discovery process to probe [her] opponent's mental state and to examine the facts [her] opponent [had] at hand.'" Fatone, 104 R.I. at 435-36, 244 A.2d at 853.
Section 28-6.4-1(c) requires that if the motion justice finds that a qualified privilege exists with respect to the publication of a particular statement, he also must presume that the statement was made in good faith. The presumption is rebuttable; nevertheless, plaintiff bears the burden of pointing to specific facts that would show that a genuine issue existed with respect to the validity of that presumption. Neither bald assertions nor ephemeral inferences will suffice. For, as we stated in the opening language of Bourg v. Bristol Boat Co., 705 A.2d 969 (R.I. 1998):
"When a motion for summary judgment has been filed and properly supported, a litigation death knell begins to toll. Unless the opposing part[y] * * * can still this doleful dirge by showing the existence of a genuine issue of material fact, all legal clamor will soon sub-side into a final judgment for the movant and the [opponent's] case will be pronounced dead in the water." Id. at 970.
The plaintiff, as the party opposing summary judgment in this case, did not carry her burden, and, therefore, the motion justice appropriately pronounced her case "dead in the water."
For the foregoing reasons, we affirm the judgment of the Superior Court, and return the record of this case to it.
assuming without deciding that the phrase used by defendant was defamatory
Summary of this case from Havlik v. Johnson Wales University


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superb thought of the day, Dina!
Living in Kairos appears to be a function of being a human in tune with the natural cycles of time.. Take a look at The Law of Time website for more info about a global movement based around being in 'natural' time.
Next post: Gogola to Googlle – yet another Google line extension in India??


John Perry found excellent motivation to kick several bad habits and now is nearing his weight loss goal of 60 pounds. This is a must-read that includes several tips from someone in the trenches.
What were some of bad habits before The Daniel Plan that led you to becoming overweight?
I started The Daniel Plan because of my 3 year old son. I love him. He is my namesake. I would start to play with him, and I would get winded quickly. I knew that I needed to lose weight so that I could keep up with him. I also want to see him get married one day. So unless the Lord tarries, this should now be no problem.
I also started it due to life insurance premiums. My agent told me that if I was just 20 pounds less, that I could save a tremendous amount of money on my policy. It was vital to me to have a good policy in place, just in case God calls me home sooner than I am planning. I do not want my wife and son to live on in poverty.
I heard about The Daniel Plan through one of Pastor Rick Warren's sermons. He seemed excited about losing 90 pounds, and I figured that if he could lose 90 then I could lose 60 pounds. He inspired me to get off of my blessed assurance and strive to be in the best shape possible.
What have you learned since starting The Daniel Plan?
Prayer changes everything. The Living Water desires me to drink a lot of water. I am currently drinking more than 100 ounces of water a day. Minimize caloric intake, Maximize caloric expenditure. I look at each meal and ask, "How can I reduce this meal's calorie count?" For instance, if I am eating a burrito, do I need to eat the tortilla? Does the tortilla really add the flavor that I enjoy? When I go out, I will eat half of the meal, and save the rest for the next meal. That way I get two meals for the price of one. My frugal self loves that. I also drink water or unsweetened iced tea.
I often find myself thinking, "How much exercise will I need to do to burn off this meal? How long will this meal delay my diet goals?" Just because it is a clear soda does not mean that it is healthy or less in calories. As I stated before, Dr. Pepper is my favorite soda. So I thought Sprite has to be healthier because it is clear. Wrong. It's actually just as bad. By the way, I have not had a Dr. Pepper since January 14, 2011.
I have lost a total of 55 pounds so far (my wife has lost 30 pounds.) This is equivalent to almost 25 percent of my pre-Daniel Plan weight. I went from a size 36 pants tightly, to a size 32 pants comfortably. I do not get winded nearly as quickly as I used to get when I play with my rambunctious son. My family now eats a healthier diet more often. I would not say that we are perfect due to our crazy lifestyle, but definitely better. The results go on and on.
Pray about it and begin today.
Ask God what your major goal weight should be. I set my goal weight as the amount that I weighed when I graduated from high school and University, which turned out to be 60 pounds. Also set monthly goals. I want to lose this much by this date, and stick to it. If you miss a month, ask yourself why you missed it. Was it a realistic goal? If so, why? If not, then what should my next month's goal be?
Drink lots of water. Dr. Amen recommends drinking half of your body weight in ounces. For instance, if you weigh 200 pounds, then drink 100 ounces of water daily. Sports drinks and caffeinated teas are not water.
Take a multi-vitamin and an Omega-3. When one drinks a lot of water some important nutrients are being washed away, so they need to be replenished.
Exercise daily. I hate exercise, yet I force myself out the door 4-5 days a week to go power walking in the morning. I use this as my quiet time with God. I lift up all of my stresses and challenges to Him. I also make sure that I praise Him for His many blessings. Another good way to exercise is by doing home improvement projects. You will be amazed at how nice you look and your house looks after just one month of doing this.
Minimize caloric intake, Maximize caloric expenditure. Count and journal your calories daily. On my smart phone, I have an app called Calorie Counter. I try to keep my caloric expenditure 1,000 calories more than my caloric intake each day. If I miss the goal, I analyze why I missed it. Did I really need to consume all of those calories? Was I lazy and slept in? What could I have done differently?
Trader Joes. I found some delicious meals at Trader Joes in their freezer section that allow me to control my caloric intake. They also have instant brown rice that I can stick in the microwave and be eating 5 minutes later.
Almonds/Almond milk. Almonds are a good brain food. They also help to suppress my appetite. If I am getting the night time munchies, I can eat three trusty almonds, and be fine the rest of the night. Almond milk, especially the unsweetened kind, is wonderful with cereal, and anywhere else that you might need a milk substitute. This has saved me thousands of calories every week.
Frozen yogurt. I enjoy having a sweet at night. I used to have an ice cream or high sugar dessert in the evenings. Frozen yogurt has helped in this area. I limit it so that it is not every night. However, if one needs a sweet it is better to have a frozen yogurt than an ice cream treat. One of the leading hamburger restaurants has two delicious desserts. It is hard to stay away from them, but I keep in the back of my head all of the hard work and early mornings that I have experienced to get me to the place that I am now. I want to make it count!
Have fun! Find a group, or even a good friend, to do the program with. I was fortunate to have a loving wife that also desired to be her best.


Investors/Rehab. Prime East Fayetteville location. Do a complete rehab or teardown. Rebuild on this 108′ x 152′ treed lot. Foundation issues. Engineers report available. Will NOT go FHA/VA. Cash is KING. Sold "As is, Where is". Inspections for buyer's information only. No repairs will be made.


I lie on the sofa watch "Mad Men" then go up to bed read "The Sun Also Rises" and sleep well and wake up to fresh air, one bird singing, Elliott at my feet. In the southern sky hulks of clouds and the shadow of a half moon and air filled with moisture, the grass thick and green and growing. The little garden happy with daffodils, dirt brown and rich and speckled with weeds. The sky clears but fog hangs in the branches of budding trees and dew drops cling to the needles of evergreens.
What song might one give?
What would you want her to know?
To this person just born?
Then I decided on this.


text:
OUR BLOG > ESSAYS AND INTERVIEWS
Interview: A Deep Dive Into the UK Personal Statement with a Crimson Strategist and Oxford Graduate
The UK personal statement is unlike any piece of writing you'll come across in high school. In just 4,000 characters (roughly 600 words), you have the opportunity to set yourself apart from a crowd of tens of thousands. So how can you nail your UK personal statement to ensure your application is as strong as possible?
University admissions officers read several thousand applications each year — meaning they only spend a few minutes on each one. This is why it's vital to make your application stand out, and one of the best ways to do so is by writing a compelling personal statement that makes them want to take a second read.
In the UK, the UCAS personal statement provides an opportunity to explore your academic area of interest and show the research you've done in that area. Compared with the US, the UK application process is more focused on the student's formal qualifications for study, so students can clearly demonstrate a rigorous grasp on their declared major. Quality personal statements cite existing research and show nuanced understanding of the underlying theory, proving the student's readiness for college work. But how do you ensure your essay ticks all the boxes?
To read examples of personal statements that helped Crimson students gain admission to their top-choice universities in the US and UK, visit Crimson's blog where we share real student-written essays each week. Click here for the latest post in the series!
Additionally, in a recent episode from the College Tips series on the Top of the Class podcast, Crimson Strategist, Oxford English Language and Literature graduate and LSE masters graduate, Abbi Colwyn, shares how students can make the most of their unique story in the UK personal statement.
Below is an abbreviated transcript of the Top of the Class interview between Abbi and podcast co-host, Alex Cork. Some quotes are edited for clarity. Click the following links to download the full episode or stream it on Spotify or Apple Podcasts.
Let's get into what you want to chat about today, which is personal statements. Why did you choose personal statements as your topic of choice?
I love working with students on their personal statements. I find it such an interesting process, because it's one of those parts of the application that you can really make individual. It's a chance for me to have meetings with students and actually get a sense of what their interests are, and have great debates in our sessions as well.
Working with students across different subjects, I'm learning as well! I'm learning about all these different areas of physics, or maths or humanities that students really, really care about. And so I find it a really rewarding experience — to get students from just initially describing and being a bit shy to then seeing a finished product, something tangible at the end, where they're being insightful and really engaging. It's just a really nice thing to see and to work on. So definitely something that I'm passionate about in the application process.
Are you able to put a rough weighting on the personal statement or does it really depend on the university that you're applying to?
Ignoring Medicine, Vet Med and Dentistry, which are a completely separate ballgame, I would say you're looking at 75% on academics and then 25% for the personal statement with all the extracurriculars in there. So it's not the biggest factor in your application, but it's certainly something that can push your candidacy and help them make that decision.
Is there a typical formula that most students should try and follow or emulate if they're writing a personal statement for the UK?
We do see what a typical successful statement looks like. Pretty much all of them have a very personal introduction — it's similar to the US in terms of having a really bold and impactful opening. But in the UK, that introduction just needs to really give us a sense of why you're applying for the course. The question that I ask students is, What does it stem from? So not just, 'My parents are lawyers, I want to study law.' Is there a debate that you've all discussed? And what was the debate? And what was the particular discussion point that you grappled with?
Moving on from the intro, there are the main body paragraphs. The word count is so small for the UK — it's 4000 characters, so pretty much 600 words — it's tiny, so you have to really make sure that those main body paragraphs still show depth, even if they're slightly shorter. We usually say make sure there's a key interest in there, make sure there's some evidence of how you're going to do on the curriculum, and then make sure you've got some analysis, some evaluation of that evidence. Ask yourself, What did you gain? What was your big takeaway from the internship you did, or from the book you read?
And then make sure that the conclusion ties everything together, but really gives a sense of what you hope to gain from the degree. Have you got a career path in mind? Or really, what do you bring to the degree? I push all my international students to lean into their background, because that's what sets them apart from domestic students. Having lived in maybe two different countries, or knowing five languages — what does that add to this degree? Why does that set you apart?
In terms of the tone of the statement, the formula that works is really just being authentic, being genuine. Having sentences that aren't just plausible, but really well conceived so we can see that you've put a lot of time and effort into coming up with the insights, and making that analysis. And at Crimson Education, we have these five key pillars, which are: insight, engagement and curiosity, good structure, quality of prose, and authenticity. For me, those five things really do work for students.
That's an awesome summary. I always like looking at the common mistakes that students might make. So in the personal statement's case, what might they be?
Clichés are a big one, I see that so many times. Things like, 'I've always wanted to be a doctor, I really want to save lives.' That's lovely — you know, we want everyone to save lives. But it needs to be a bit more unique than that. Has there been a particular patient you engaged with that stood out to you, and why?
We want to avoid the sense that you're being pushed into a direction but instead, actually, you've chosen this direction; it's something that has been an educated choice. So definitely avoid those clichés.
And with that, a lot of students tend to quote people. Students think they need to, in reading academic material, use a quotation — but actually, you really don't. You want to be using your own voice as much as possible, rather than using anybody else's. If you are set on using a quote, make sure that you don't just put it in there. Make sure that you actually engage with it.
The other thing we see a lot is listing. We see a lot of, 'I need to tell you all my achievements, because they're really impressive and I'm really happy about them.' And that's great — but we don't want it to just be a long list. A tutor has to read hundreds and hundreds of these, so you want it to be engaging, you want us to get a sense of why these different extracurriculars are relevant to your course and how they build on one another. Did you gain different perspectives from different books? Did you gain a more practical application of doing something? And so the big thing we say is to really discuss, don't list. We say show, don't tell. Don't tell me you're creative, or you're critical, or you're independent — show me that through what you've done.
Abbi is just one of many admissions experts on Crimson's global team who have helped scores of students gain admission to their dream universities. Curious how you can build a stand-out university application with the support of experienced strategists like Abbi? To learn more about how Crimson can help set you on the path to success, click the link below to schedule a free one hour consultation with an Academic Advisor.
Alex Cork manages the Top of the Class podcast and has worked in the education sector for 10 years. He has interviewed more than 300 students and has a genuine curiosity in student achievement whether this be in sport, music, extracurriculars, academics, business or activism.
The Ultimate Guide to Acing the University of Southern California Supplemental Essays 2021/22
The Ultimate Guide To Acing Your Northwestern Supplemental Essay 2021/22
The Ultimate Guide to Acing the Duke University Supplemental Essays 2021/22


The live item is shown in the third column of the Presenter module under the Defaults section. When an item is made live from either the playlist or item selection it is displayed here. Each section that can be seperately displayed is shown in it's own section. In the example above the song has 2 displayable sections.
Key 1-9 quick select sections 1-9 as numbered.


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1.	How far into the SMS 15 points of saddle fitting do you get before you look at a saddle?
2. Which of the following facilities do you need to be sure are available for a fitting?
3.	What details do you need to know about the rider?
4.	Apart from their main use for the saddle, what else do you need to know about this requirement?
5. What feature on a saddle can be helpful if the client wants to do several different activities with it?
6.	What might make you anxious as you start to take the details of the horse?
7.	What can you use to identify the horse for your records?
8. What are some details of the horse that will help you to choose the best saddle for the long term?
9. How could injuries to the rider affect the saddle fit?
10. What differences of conformation might affect the fit of the saddle?
11. What might you see from the back assessment that should be noted?
12. How might this gathering of information help with your fitting?


Yórgos Lánthimos's "The Favourite," Luca Guadagnino's "Suspiria," Claire Denis's "High Life" and Ethan Hawke's "Blaze" are among the many well-received films from Venice and Toronto set to be having their French premiere at La Roche-sur-Yon Festival which is headed by Paolo Moretti, the new topper of Cannes's Directors Fortnight.
The international competition lineup of this 9th edition is headlined by "The Favourite," Timur Bekmanbetov's "Profile," Mia Hansen-Løve's "Maya," and Berlin's Golden Bear winner "Touch Me Not" directed by Adina Pintilie.
"Our idea is to shed light on contemporary films that were discovered in other festivals than Cannes in order to give our audiences an alternative image of cinema," said Moretti.
Among the stars and filmmakers expected to attend La Roche-sur-Yon is Hawke who will be on hand to present his latest directorial outing, "Blaze" (pictured), as well as Paul Schrader's "First Reformed" in which he stars. Both films are slated for the Special Screenings section. The Oscar-nominated actor co-wrote, directed and produced "Blaze" with his banner Under the Influence Productions. The movie, which is about the life of American country musician Blaze Foley, won the special jury prize at Sundance and played at Locarno.
"Suspiria," meanwhile, will play along with David Gordon Green's "Halloween" and Sam Levinson's "Assassination Nation" in the Varieté section. The festival's Nouvelles Vagues and Perspectives selections will include Crystal Moselle's "Skate Kitchen" and Claire Burger's "C'est ca l'amour," respectively.
"France has a lot of festivals but most are confined to specific themes, either in terms of genres or nationalities, whereas at La Roche-sur-Yon festival we're free to be eclectic and show whatever films we want," said Moretti, who will take over from Edouard Waintrop at the helm of Cannes's Directors Fortnight in 2019.
Moretti also pointed out the fest has cultivated ties with distributors and sales agents since 2014, allowing it to access many highlights from international fall festivals.
Set to take place Oct. 15-21, La Roche-sur-Yon will kick off with Fred Cavayé's dark comedy "Le jeu" with Bérénice Bejo and Suzanne Clément.


Abstract A macromolecular coating for solid medicament contains the components of (wt%) 40-55% of cellulose ether, 25-35 % of inorganic filler and pigment, 0-5% of other additive, 20-30% of plasticizer and 0.2-1% of emulsifier, in which the cellulose ether is water-soluble cellulose ether whose viscosity is 20-75 centipoises, and the emulsifier is an edible oil-in-water emulsifier. Its preparation method is characterized by that all the ingredients are placed in high-speed mixing machine, stirred and uniformly mixed, then stored for 10-20 days in a closed container. It is simple in production process, low in cost and is favorable for medicine production.