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HOME Analytics 15.05.2015
Fire, water and copper pipes
EastRussia analyzes the situation with forest fires in the Far Eastern Federal District and Transbaikalia and tries to find answers to the questions "who is to blame" and "what to do"
The April fires in Khakassia and the Trans-Baikal region, which left hundreds of people homeless, once again stirred up the topic of forest fires. Who is guilty? What to do? These are the main questions that are again asked by the authorities and the people. In 2007, the Forest Code came into force, completely changing the forest protection system. In all the troubles, experts blame him. Then to protect forests, to fight forest fires instructed the regions. Funds for this are provided for in the federal budget. But the regions complain year after year that the money allocated for the prevention of fires and their extinguishing is sorely lacking. Rosleskhoz also believes that all problems - from inaction and careless attitude to their responsibilities of regional authorities. Like, forest fires no money, they are easier to warn than to extinguish.
Trans-Baikal Territory: in all major fires the man is guilty
Transbaikalia continues to struggle with the most severe forest fires. According to the situation on 15 May, the area of fires again increased - up to 36,7 thousand hectares, TASS reported citing the State Forest Service of the region. Fires operate in 16 districts of the province, and smoke in Chita is associated with a large forest fire near the village of Mukhor-Konduy in the territory of neighboring Buryatia. And without that, the uneasy fire situation is complicated by the weather - a storm warning was issued the day before, the agency stresses.
The population was banned from hiking in the forest, agricultural producers on their plots only get on passes. The State Forest Service of the Trans-Baikal Territory asks residents not to carry out fire works, not to burn garbage and grass in country cottages and household plots. Forest or steppe fires are asked to immediately report on a single telephone to the forest guard: 8-800-100-94-00 and to the Regional Dispatch Service: 20-22-07.
In late March, the Governor of the Trans-Baikal Territory, Konstantin Ilkovsky, assessed the readiness for a fire-dangerous season as incomplete. For extinguishing forest fires in the past year, the federal budget owes the edge of 80 million rubles.
Forests in Transbaikalia began to burn 19 March, and 13 April, the fire spread to residential and holiday homes. 11 people were killed, fires completely destroyed 240 residential buildings in 18 settlements, another 850 suffered, according to the Investigative Department of the Investigation Committee of Russia for the region. We could not cope with our forces, we had to involve the federal reserve - people and aviation from the Ministry of Emergency Situations and the Ministry of Defense.
The families of those killed from the federal budget were given 1 million rubles. The victims, partially lost property, received 50 thousand rubles, lost their homes - by 100 thousand rubles, said EastRussia deputy chairman of the Trans-Baikal Territory Gennady Chupin. According to him, the main task is to restore housing to all the victims. But there is a problem: the ownership of burnt houses was not issued by every victim. "The subsidy that came from the federal budget implies a number of conditions under which people can claim housing construction, or receive housing from the subject in return for the lost. The housing that suffered was to be a dwelling and people were supposed to reside there permanently. The second condition - this accommodation was the only one for living with this family. And thirdly, they should not have other housing that is suitable for living. Of course, here there are questions. Someone did not manage to register the property right, someone was not there registered. But in relation to each person, and we have their 520, we will fight in court and prove the facts necessary for obtaining housing. We will provide free legal assistance to every person. About 40 such statements have already been considered, people are put on the lists for housing construction, "Chupin said.
The April fires in Transbaikalia have already become an unkind tradition, every spring the edge burns, and the fire spreads over large areas. Gennady Chupin, the head of the regional commission for the prevention and liquidation of emergency situations and fire safety, voiced several reasons for these fires. The first one called the changed climate: in March and April the precipitation fell to 16 times less than normal, in mid-April, the temperature record + 19 degrees, which was held before this 31 year, was beaten. This year, the temperature rose to + 27 degrees. Plus two months almost every day there was a strong stormy wind with gusts up to 20-25 m / c.
The next reason is abandoned agricultural land, where they used to graze cattle, mowing grass. Now, instead of pastures - grass to the waist and dried weeds. Another problem is unauthorized dumping of household garbage on the territory of municipalities, including in Chita. According to Chupin, people dump the garbage where they live, then it burns, a strong wind picks up the flame - and that's the fire.
Previously, large companies worked in the forest. They built roads, built fire breaks. Illegal felling is now flourishing. "And illegal wood is harvested? They sawed off everything they needed, left everything else, the wood was chopped off. And I do not exclude that these people, accustomed to chaos in the forest, will support fires in it. I also focused on this last year when I got into the zone of criticism from the prosecutor's office. For the period of emergency and, in general, throughout the fire-dangerous period, there should be increased attention to such economic entities. Burnt forest - it is cheaper, we forbade economic entities to take it away and entrusted this case to Zabaikalleskhoz. This problem did not solve, because "Zabaikalleskhoz" began to operate through contractors, in fact the issue of technology has changed, "says Chupin. - On the emergency commission I said that I will offer the governor a completely different procedure for the implementation of the wood that suffered during the fire: the commission decision - which contractors will deal with it, so that there is no temptation to scorch the forest so that the ground fire passes and the wood remains standing, So that it can then be easily cut down under the guise of sanitary felling. "
Analyzing the work of extinguishing the raging fires, Gennady Chupin said that no one takes responsibility and nods to the strong wind. In all major fires, it is not the dry thunderstorms that are to blame, not the short circuit, but the person. It means that the system that was engaged in prevention, put up posts, worked inefficiently: "People were allowed into the forest. Despite the fact that more than 300 people were brought to administrative responsibility, criminal cases were instituted around 65, this did not bring any effect. Now, when we stepped on this rake, we have seriously worked on the prevention system. During the May holidays, the number of spontaneous fires from 20-25 decreased to 3-4. "
The authorities of Transbaikalia are criticized for the fact that the emergency regime was introduced late. Chupin with this criticism does not quite agree: "For the period of introduction of the emergency, there were 3 forest fires in the area of 4 hectare. In the forest there was still snow, we used these three days for annealing the objects of the economy and settlements. If we had not carried out these anneals, today the consequences would be completely different. Here are the figures of the central bodies of the Ministry of Emergency Measures, which conducted an assessment of our actions: fire was prevented and 9 thousand apartment houses were saved from fires. It is with such a strong wind and so many fires. " According to the vice-premier, the fire services of the region were effective in the conditions of emergencies.
The prosecutor's office of the Trans-Baikal Territory on the facts of fire initiated 25 criminal cases. Criminal proceedings were instituted, including against the Acting the head of the State Forest Service of the region and some officials of the regional government responsible for putting out fires, preventing and eliminating emergency situations. "With such a serious tragedy that occurred, such an assessment should be given. If the investigating authorities opened such cases, they should be fully and objectively investigated. I do not exclude myself in this list. If there is a fault in the inadequate performance of official duties, then people from the authorities should be held accountable, "Gennady Chupin reflects philosophically.
Khabarovsk Territory sounds alarm
The Khabarovsk Territory is ready for a fire-dangerous season. Prepared by 20 fire-chemical stations, staffed with their staff, equipment was repaired, contests for hiring aircraft aircraft were held. On a festive day 1 May there were about 12 forest fires, they were immediately extinguished, and then it began to rain, which is very pleased with the head of the forest management department of the Khabarovsk Krai government Ivan Denisov.
Denisov regretfully tells EastRussia that from year to year funds allocated from the federal budget for extinguishing forest fires are not enough. For this year, 32,6 million rubles have been allocated, this despite the fact that with minimal burning per year it is necessary to spend from 120 million to 125 million rubles. "Initially, we are put in such a situation that in the middle of a fire hazardous season there will be a payable for firefighting. This year, the decision to repay the accounts payable was taken only in May. Such financing leads us into a deadlock situation. There were years when the forests were burning heavily, the amounts we had reached 350 million rubles. Annually, the edge allocated additional funds. Today, the regional government has sharply posed such a task: if the budget is subsidized (and we have it subsidized), the region has no right to finance the transferred federal powers. That is, you already do not have enough money, and you still pay those powers that should not be paid. Therefore, we are now sounding the alarm to urgently reconsider the method of distributing subventions. Yes, there will be no more money, cutbacks and savings, but let's divide the loaf, whether it is good or good, equally, "Denisov suggests.
Khabarovsk Krai allocates funds from its budget for salaries to employees of the forestry sector, to the northern surcharges. Local deputies adopted the law "On Specially Protected Natural Territories of Regional Importance". These are reserves and reserves. On them the regional budget allocated 100 million rubles. Denisov does not want to put up with the fact that Khabarovsk Territory allocates 10 (!) Rubles per hectare of the forest from the federal budget. For example, the Lipetsk region receives 1000 rubles per hectare, and Stavropol - 395. "What's worse than the forest?" They say that the amount depends on the recreational load, on how many people rest on a hectare. And the forest that we have from Khabarovsk in 10 km, that in Moscow, that in the suburbs of Stavropol. Also, this forest can be set on fire, the same costs will go to extinguish, to plant a forest. And we still have such a moment: in Moscow and other areas you can approach the fire on a good road, and before our fires, it happens, you fly on 2,5-3 hours. Only one flight costs more than half a million rubles. We are rising in price because of the inaccessibility of places, there are no roads, additional costs for the delivery of equipment and people. "
Forests of the Khabarovsk Territory fly by airplanes and helicopters, look where the forest burns, where it does not burn. Only for air monitoring in the year goes 100 million rubles. To somehow save money, we decided to look at unmanned aerial vehicles. "We found a company in Izhevsk, which provided us with Supercam S-350 and technical personnel. In the presence of the governor, we launched it, - says Ivan Denisov. - There was a squally wind, with such a wind in the forest, a fire can easily start, but a heavy technique like An-2 or Mi-8 will not always be able to fly. The device showed itself well, calmly took off and in such conditions. "
Drones have their own characteristics, they need to get used to, see how tall they can climb, how they will react to different climatic conditions. The government of the Khabarovsk Territory is still planning to purchase 2-3 such devices for densely populated areas - Khabarovsk and Komsomolsky, a year to work with them, and then decide on a mass purchase.
The full equipment of an unmanned aerial vehicle costs about 5 million rubles. At first this amount frightens, but after simple calculations the fear goes away. The hour of the summer of the Mi-8 helicopter costs about 150 thousand rubles. To fly around a small territory, for example, Khabarovsk region, it will take 5-6 hours. From May to October, overflights are made almost daily. It turns out that the cost of an unmanned vehicle is 10 days of Mi-8 flights.
It will not be possible to completely abandon expensive aviation to the Khabarovsk Territory. With her help in the region extinguish fires, drop paratroopers who jump to the edge of the fire. About 80% of forest fires in the Khabarovsk Territory are extinguished by aviation forces. But if drones are well-proven, it will be possible to significantly save on monitoring.
Yakutia: one and a half rubles per hectare of forest
Yakutia receives even less money per hectare of forest than Khabarovsk Krai - 1,5 ruble. In the republic 255 million hectares of forest, this is 80% of the total territory. Fire season opened 7 May. The amount of equipment (35% of the standard at low altitude) and people's standards does not match. At the Yakut airbase, 165 people work, in subordinate enterprises - 170.
Last year, 306 forest fires were reported, of which 227 fires were caused by dry thunderstorms. For a month and a half it was hot, dry weather. People did not have enough access to remote fires. Burned 1 million 269 thousand hectares of forest. Fires threatened 45 settlements, to 11 came within a five-kilometer zone. Several fires stopped in 300-500 m from the villages.
Realizing that the forces are not equal, and remembering that the rescue of drowning people is the work of the drowning themselves, they are actively working with the heads of settlements in Yakutia, says Vyacheslav Popov, head of the Forestry Department of the republic. The population of Yakutia has long been actively involved in extinguishing forest fires. In each locality less than 1000 people volunteer fire brigades are created, and where there are more 1000 people, there are fire units. The initial fires are extinguished by them. "If you sit and wait for the fire to gain strength and come to the village, no one will stop it. You saw how it was in Khakassia and Transbaikalia. We need to act quickly. Even if to the source of ignition 20 km, it is necessary to go there and extinguish, "- assured Popov.
He noted active preventive work among the population. According to him, every year in Yakutia the number of fires that have arisen due to the fault of a person is decreasing. But there are always people who carelessly handle fire in nature.
At the central airbase of Yakutia, leaders of forest fire extinguishing are being prepared. Exit courses are organized. For 3, 700 people were trained. They clearly know how to neutralize the emerging centers of forest fires, how to arrange people. There are few foresters, therefore, as allies among those who are professionally engaged in extinguishing, heads of municipalities. The Department of Forest Relations has set itself a goal: in every village, village there must be at least one head of fighting forest fires.
250 employees take on seasonal work, at 4-5 months, and this is a big help. Last year, Yakutia was assisted by paratroopers from Khabarovsk, Primorsky Krai, and the Amur Region. The government of the republic has an agreement with neighboring regions in case of extreme situation to render assistance in extinguishing forest fires. The central bases of the Federal Forestry Agency also helped, specialists from Moscow fought in difficult places with fires.
Vyacheslav Popov complains that lack of funding is a systemic problem, every year - accounts payable. This means that wages are not paid, taxes are not deducted, fines are run up. The Federal Forestry Agency has allocated Yakutia 236 million rubles for the repayment of accounts payable. But the debt for extinguishing forest fires over the past year is 302 million rubles.
By the norm of Yakutia, one and a half rubles per hectare of forest is allocated. Forest fund - 255 million hectares. They are only 35 million hectares protected. 87 settlements remained without aviation and ground monitoring. The decision to extinguish fires there is taken only if there is a threat to the settlement. And no one can predict how a fire will behave in such difficult climatic conditions. Vyacheslav Popov, like his colleague from the Khabarovsk Territory, does not agree with the existing regulations on the distribution of subventions. He says they do not take into account the territorial peculiarities of the republic: "I am working for the fifth season. How come, I put this question. The Accounts Chamber, the Prosecutor General's Office support us, but there are no changes. "
The head of the forest department of Greenpeace Russia, Alexei Yaroshenko, in a conversation with an EastRussia correspondent, called Yakutia and the Amur Region champions of lies about forest fire areas. The head of the Department of Forest Relations of Yakutia, Vyacheslav Popov, disagreed with this criticism: "We register every fire, even half a hectare, show it as it is. Everyone sees that the number of fires is not reduced. Discrepancies in the area of fires are related to the fact that in the initial stage, when there is a smoke screen, it is difficult to determine from the aircraft what is there. In addition, we cannot fly around every time by plane, because we have no money for this. A satellite always gives data with an error. We did special flights, the divergences of aviation and space monitoring were 25-40%. So here you can argue for a long time. "
Rosleskhoz: regions will add money to fight fires
The Federal Forestry Agency (Rosleskhoz), among the causes of forest fires in Transbaikalia, calls not only weather conditions, non-compliance by citizens with fire safety measures, but also "untimely response of state authorities of the subjects of the Russian Federation, local authorities responsible for ensuring fire safety in forests and populated areas Points ". The department notes that the spring burning of dry grass is often the main cause of the occurrence of numerous wildfires. This dangerous practice can be stopped by the draft federal law "On Amendments to Certain Legislative Acts of the Russian Federation to Prevent Damage to Land", developed by State Duma Deputy Nadezhda Shkolkina. The bill prescribed a ban on burning dry grass and increased responsibility for such a violation.
Commenting to the EastRussia correspondent about regional complaints about insufficient funding, the Rosleskhoz press service reported that the subventions for carrying out firefighting activities have been increased: for the Trans-Baikal Territory - by 12,7 million rubles, for the Republic of Sakha (Yakutia) - by 12,9 million rubles. In addition, accounts payable for extinguishing forest fires 2014 year will be extinguished: for the Trans-Baikal Territory - 76,0 million rubles, for the Republic of Sakha (Yakutia) - 236,3 million rubles.
The question of returning to the forest protection system that existed before 2007 of the year is not yet worth it. The Rosleskhoz reminded that in recent years, changes and additions have been made to the Forest Code. They are aimed at addressing the issues of extinguishing forest fires, their prevention, fire safety in forests, monitoring, and developing plans for extinguishing forest fires. "However, as practice shows, actions to ensure fire safety, and most often inaction and negligence in relation to their duties as officials of state authorities in a number of constituent entities of the Russian Federation, lead to disastrous consequences that took place in the Republic of Khakassia and the Trans-Baikal Territory. Only a responsible attitude of officials to their duties could increase the effectiveness of actions to ensure fire safety in the forests and in the adjacent territories, "said the press service of the department.
The efficiency of the regions will be assessed by the Rosleskhoz by a special methodology adopted in late March. It includes seven indicators that will analyze the implementation of delegated authority. As punishment, the regions will take away these powers and transfer them to the federal level. "As for the seizure of powers, this is not a serious issue now, because the governors have been plagued by the forests, for them it is not terrible. For them, this is a constant headache. Well, take away, and who will perform them? "- reflects the head of the forest department of Greenpeace Russia Alexei Yaroshenko.
Minvostokrazvitiya: to fight forest fires DFO allocate only half of the required amount
Regions of the Far Eastern Federal District are traditionally one of the most burning in the country, recalls the Ministry of Color Industry: "Due to critical underfunding, accounts payable are formed annually, which in the fire-hazardous period affects the promptness of taking measures to extinguish. In 2014, the DFO took the odd first place among the federal districts in terms of the number of fires - 2115. The average area of the forest fire in the district was almost four times higher than the national average, "explained EastRussia in the department.
According to the estimates of the subjects of the Far Eastern Federal District, only 30 to 50% of the necessary funds are allocated for the exercise of powers. Within five years, the annual actual costs of extinguishing forest fires amount to 924,8 million rubles, and a little more than half of this amount is allocated from the federal budget. The reason is that when forming the appropriate methodology, the coefficients on the basis of which funding is distributed were determined by the "reverse" method, that is, taking into account the actual financing of forest powers (when they were federal - the old Forest Code). At that time, federal funding for individual RF subjects of the Far Eastern Federal District never exceeded 30-50%, the rest of the funds were earned during felling and other economic activities.
1 January 2015, the total debt to the Far Eastern Federal District for extinguishing forest fires was 708 million 728 thousand rubles. By May 7, the debt decreased to 347 million 883 thousand rubles. The Rosleskhoz did not accept these funds for redemption and is not going to reimburse, they told the Ministry of Eastern and Eastern Development. The press service of the Rosleskhoz explained that only the payables, which the regions had documented, were fully financed.
Minvostokrazvitiya notes that the funds transferred to the regions of the Far East to pay off accounts payable are included in the subventions for 2015 year. And here there are difficulties. To pay off debts for 2014 year by means allocated on 2015, it is possible only with infringement of the budgetary legislation. If this is done, and the regions have no other way out, the underfunding of forest powers this year will be critical. Experts estimated that forest loss from fires will amount to about 1,5 million hectares. And the costs of the federal budget for the liquidation of emergencies (the restoration of burnt houses, payment of compensation) will many times exceed the amount of under-received subventions. The agency fears that severe fires like those that raged in Khakassia and the Trans-Baikal Territory in mid-April may repeat. In Rosleskhoz, however, it is asserted that additional funds have been allocated from the federal budget to repay the accounts payable - 550,1 million rubles.
The Reserve Fund of the Government of the Russian Federation for the Prevention and Elimination of Emergencies and Consequences of Natural Disasters could help eliminate the formation of accounts payable from the subjects of the Russian Federation for extinguishing forest fires, according to the Ministry of Eastern and European Development. But the issue of allocating funds from the Fund to cover the costs associated with extinguishing forest fires has not yet been resolved.
"Greenpeace": we will burn further
The head of the forest department of Greenpeace Russia Alexei Yaroshenko describes the problem with forest fires as very complex. Analyzing the recent fires in Khakassia and Transbaikalia, he noted that they began from the fall of dry grass. Fire almost in all cases came to the forest from adjacent territories. Therefore, the responsibility lies not only on those responsible for the forest, but also on those responsible for fire safety around. And with the "around" a difficult question: a unified system for protecting territories from fires is only on paper, but in reality it does not, the expert points out: "For each category of land, someone is responsible. And there are categories for which no one answers. We use fire extensively as an element of land use, preventive burning is carried out. In 2013, the president instructed the Ministry of Emergency Situations to establish the procedure for burning dry grass, which eliminates the transition of fire to populated areas, infrastructure, forests and peatlands. The Ministry of Emergency Situations has not coped with this, the commission remains unfulfilled, although it is already two years. The law does not prohibit the burning of dry grass. There are restrictions on certain categories of land, but there is no universal. "
According to the expert assessment of Greenpeace, the very first fires in Transbaikalia began because of uncontrolled burning out of dry grass. Annually in the Trans-Baikal Territory's plans there are more than 30 thousand hectares for burning dry grass. "In reality, the forces that they have, to conduct burn-out in compliance with safety standards that operated in the 90-ies, with the happiest combination of circumstances, under the best weather conditions, they can a maximum of 3-5 thousand hectares. That is, they knowingly burn dry grass, allegedly as a fire-fighting measure in areas where they can not do it safely. Therefore, the fire always goes out of control, always begins to spread to large areas. Plus, children, psychos look at this. They see, yeah, foresters, agricultural enterprises, municipalities, road workers have passed through the burning of dry grass. Children also take matches and start imitating adults. The psychologists catch, who were interested in how the grass is burning, "Yaroshenko explains.
Having analyzed the causes of fires in Transbaikalia, Alexei Yaroshenko asks the following question: why did not they manage to cope immediately? Forest workers do not have the right to extinguish fires on the outskirts of the forest, formally for this there is even a criminal responsibility - the misuse of budgetary funds, it is possible to shackle up to two years in prison. Therefore, far from everyone decides to go to extinguish the grassy fir, which goes to the forest. Another reason is the lack of funding. For Transbaikal it is less than necessary several times. But the main reason, according to Yaroshenko, lies in the Forest Code, adopted at the end of 2006. "The Forest Code destroyed the economic basis of forestry. Earlier, money that was earned in the forest was spent there. The leshoz has earned, the leshoz has spent it. Now, most of the earned money goes to the budget, passes through all levels of the budget system, up to the federal level, and then it is distributed and comes back through a certain equalizing system. First of all, not all come. Secondly, with such a system on the ground there is simply no motivation for this system to work economically. As a result, it turns out that formally now the state spends on the forest somewhere three times more than before the adoption of the Forest Code. And it comes to real work in the forest several times less than it came before. And that's why there is not enough money on the ground, "the expert explains.
The main reason for forest fires is the expert calls complete irresponsibility. According to him, when the Forest Code was adopted, all professionals understood that it would destroy the forestry: "Did someone take responsibility for this? No one. Or an example with a forest fire. The president himself in 2013 at a meeting of the State Council announced the data on the underestimation of forest fires in 4-5 times. For this, too, no one was responsible. We have an article in the Criminal Code, which provides for punishment for the distortion of information, this article is asleep, to no one applies. Therefore, while we do not have any responsibility, the situation will not change. "
Sergey Mitrokhin: the Forest Code should be changed
Chairman of the party "Yabloko" Sergei Mitrokhin also blames the Forest Code in all, completely changed the concept of forest protection. According to him, the staff of the forester fell more than 10 times, so there is no one to monitor the state of forests, to prevent forest fires. The functions of supervision are actually transferred to business entities. "The concept, which was laid down in the Forest Code, presupposed the accelerated commercialization of the treatment of the forest fund. As a result, from the point of commercialization, Russia did not win much, and the forest protection system was destroyed. The USA, Canada are countries that are comparable to Russia, there are tough state organizations responsible for the forests, with clearly defined tasks and a large staff of employees. And here the state does not consider this direction as a priority, therefore it allocates money on a residual principle, "Mitrokhin explained emotionally.
The politician notes that the regions were in a defenseless position. "Who is to blame, who was the switchman, who set the fire, from the global point of view - a question of the twentieth. Of course, it is necessary to catch the guilty if the crime is committed. But to think that the pursuit of individual arsonists and negligent performers will change something - naive, it will not do anything. "
The way out of the crisis situation, in which the forest fund fell, Sergei Mitrokhin sees only in the new edition of the Forest Code.
The fire-dangerous season in Russia has just begun. Money to extinguish forest fires will continue to be missed. The population and officials responsible for fire safety in forests need to pray hard for favorable weather so that the summer will be without anomalies, better than rainy and cool.
Tags: Transbaikalia Fires Konstantin Ilkovsky Rosleskhoz Khabarovsk Krai Yakutia Minskostokrazvitiya "Greenpeace" The Yabloko party
Text: Julia Usacheva
Trans-Baikal Territory "This was not the case before!"
Buryatia and Transbaikalia summed up the results of the first three years as part of the Far Eastern Federal District
Interview Aisen Nikolaev: Together we can withstand any tests
The difficult forest fire situation in the summer of 2021 in Yakutia did not affect the implementation of current plans and the expansion of development prospects.
Trans-Baikal Territory Transbaikal Region: results - 2015, trends - 2016
East Russia continues the cycle of analytical publications devoted to the results of the past year and the analysis of the situation in the current year in the socio-economic and political spheres of life in the regions of the Far East and Eastern Siberia


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Mayor Sullivan announces Hope Youth Street Program
2, noviembre, 2017 8, diciembre, 2017 ~ Foro Independiente de Opinión
Mayor Michael J. Sullivan in cooperation with the Hope Youth Street Program is proud to announce an exciting new event that's designed to bring the community and the talented youth of our city together. The program, which is simply entitled "The Movement" will celebrate the rich cultural diversity throughout the city and culminate in a talent show.
There was a press event kickoff at the Hope Street Youth Center, 60 Island Street, Lawrence on Thursday, December 18, from 4:30 – 5:30 P.M. where many of the details and applications were made available.
"I promised that my administration would focus on some of the positive contributions being made by the youth of this city and no group better exemplifies that than the kids at Hope Street," Mayor Sullivan said. This after school program was the creation of Misael Martinez, its founder and director and it has already been widely recognized for its positive impact on the youth of our community. An after school drop-in center which features many academic and tutoring programs; the group is not afraid to let kids focus on their creative side.
"We want to give children and young adults a chance to reach their potential and achieve their goals and nothing motivates them more than the art of self expression," said Misael Martinez.
The talent competition, which will be somewhat, modeled after the widely popular show "American Idol" will have auditions for three months and a final talent show that will be sure to pack the house. The show will have cash prizes and trophies but also may include some studio time for singers, professional classes for dances, and other great opportunities for our talented youth to realize their dream.
www.rumbonews.com
Publicado en Education, Sin categoría
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The equal-opportunity bully
The problem of workplace bullying often has no immediate remedy
The voice at the other end of the line is tremulous, distraught. "I think I have a claim for…. hostile work environment? Maybe wrongful termination?" The potential client, Joe, starts at the beginning, describing his 10-year career with a non-profit organization. He was passionate about the nonprofit's cause and devoted himself to his job, working long hours including nights and weekends. He was promoted several times, well-liked by coworkers and the community he served. Then six months ago, everything changed.
His manager retired and was replaced by a new hire from outside the agency. The new manager was Cruella Davis, who Joe had known in graduate school and who happened to be an old friend of the Executive Director. Joe opposed Cruella's hiring based on her grating personality, but once the E.D. made the decision to hire, Joe quietly resigned himself to the new management style.
Cruella seemed less than enthusiastic to work with Joe. Two weeks after she joined the organization, Cruella called Joe into her office and gave him a written warning about attendance, advising him to be at his desk no later than 9:00 a.m. each morning (though he typically worked a 9:30 a.m. to 6:00 p.m. schedule and often worked from home on evenings and weekends). She asked other employees to monitor Joe for compliance.
A month later, Joe had his first formal performance review under Cruella. She ranked him as "Needs Improvement," criticizing Joe's work ethic and interactions with certain community leaders with whom he had a long-standing positive relationship. In the review meeting, she referred to him as "moronic" and said he was one of the worst employees she had ever had the "unfortunate job of supervising."
Joe, unsurprisingly, felt attacked and insulted, so he went to the E.D. for guidance. The E.D. refused to take sides, urging Joe to speak with Cruella and "work things out."
Joe tried to meet with Cruella, but she repeatedly cancelled at the last minute, and in one instance even sent him an email saying she had "better things to do than listen to your pathetic whining." When she finally met with Joe, she raised her voice and berated him, telling him that he needed to "stop being an idiot," that he "wasn't going to win a popularity contest," and that it was "only a matter of time until he would be out of here." Cruella began excluding Joe from key meetings with other teams which specifically impacted his projects, and he overheard her joking about him on multiple occasions with his co-workers. She gave him an assignment with a deadline that was impossible to meet, and when he was predictably unable to complete it, she called him a "failure" in front of two of his co-workers, and asked "how did someone like you ever get this job in the first place?" Then, at an organization-wide meeting, Cruella publicly criticized Joe and his handling of a recent public relations issue. She asked other employees to take an anonymous survey regarding "better ways to handle that situation." After the meeting, several co-workers told Joe privately that they disagreed with Cruella's comments, that she was being a "jerk" to him and singling him out, but they all agreed there was nothing he could do since Cruella and the E.D. were friends.
Joe was deeply upset and humiliated and started having trouble sleeping. He went to see a physician for anxiety and depression, and was prescribed medication. He didn't tell anyone at the organization about his symptoms because he feared Cruella might retaliate against him. Last week, Cruella called Joe into her office and told him that he "was no longer a good fit" and was being terminated. He was being replaced by a junior employee who Joe had trained two years ago. Joe was devastated.
Bullying is a frequent complaint
We get calls from employees like "Joe" almost every day, oftentimes with even more severe examples of bullying behavior, including name-calling, verbal abuse, and the frequent use of screaming or yelling. Joe was unfairly treated and badly damaged. He watched a successful decade-long-career go down the drain – all because of a workplace bully.
We talk to Joe and learn that he is a white heterosexual male, in his late 30s, born in the United States. He doesn't fall into any protected category under the law (e.g., race, color, sex, sexual orientation, national origin, age, etc.). The company was never put on notice of his recent mental health issues. He didn't take a medical leave and never filed a worker's compensation claim. He's not a whistleblower, nor has he engaged in any other protected activity for which the company could arguably have retaliated against him.
Equal-opportunity harassment
Joe is not the victim of sexual harassment or physical assault – just plain old "equal opportunity harassment." He is shocked when we tell him there is no legal recourse. We explain the concept of at-will employment, which can be a bitter pill to swallow under these circumstances. Cruella's treatment of Joe may have been abusive, grossly unfair, unmerited, and traumatic, but it was not illegal.
Why aren't there legal protections for victims of workplace bullying? That is a question that has been increasingly examined in the United States since at least 2000, when Suffolk University law professor David Yamada wrote a seminal law review article on the topic in which he examined various potential common law and statutory remedies that might apply and concluded that existing law failed to play an adequate compensatory and preventive role in severe bullying situations.1
Yamada covers a growing body of research showing the negative health effects (and business impact) of workplace bullying. He has updated the research over time and, as of today, it is estimated that up to 37 percent of Americans have been victims of workplace bullying at some point during their careers. The health ramifications are severe, including psychological effects like depression, stress, loss of sleep (and resulting fatigue), mood swings, feelings of shame, guilt, embarrassment and low self-esteem, even Post-Traumatic-Stress-Disorder, with physical effects ranging from stress headaches, high blood pressure, reduced immunity to infection, and digestive problems. There are also bottom-line ramifications for employers that tolerate abusive work environments, including tangible costs (e.g., increase in medical and workers' compensation claims and costs of defending lawsuits), and less tangible ones (e.g., opportunity costs). Soon after Yamada published his article, he authored a model "Healthy Workplace Bill" (HWB) that was designed to combat the problem, but as yet, has failed to be adopted by any state in its entirety.
Despite lackluster legislative support for the full HWB, Yamada's work along with others such as Dr. Ruth Namie and Dr. Gary Namie (psychologists who founded the Workplace Bullying Institute [WBI] in the late 1990's) have spurred a campaign in the U.S. against workplace bullying and a movement to get the HWB passed into law all around the nation. The history and status of this movement is summarized on the WBI's Website (www.workplacebullying.org) and also the site for the HWB itself, including text of the model bill (www.healthyworkplacebill.org). The problem of workplace bullying has been featured prominently in the national press, including National Public Radio, the New York Times, the Wall Street Journal, and Time Magazine. Some commentators have noted the irony that bullying is widely prohibited throughout our schools, but that adult workers have absolutely no protection.
Legislation can't get legs
The anti-workplace-bullying initiative has enjoyed bipartisan support, but to date, only limited success in getting any relevant legislation – much less the full HWB – passed. In 2003, California made the nation's first attempt at anti-bullying legislation (AB 1582), but the bill died in committee with no hearing date scheduled. In 2014, there was a second attempt in California by Assemblywoman Lorena Gonzalez (D-San Diego) who authored AB2053. During the legislative hearings on the bill, Gonzalez and other proponents explained that abusive work environments are unfortunately a growing epidemic in the United States. The bill had bipartisan support and the legislative findings were that workplace bullying could "reduce productivity and morale, which may lead to higher absenteeism rates, frequent turnover, and even increases in workers' compensation claims," estimating the financial cost of workplace abuse to be as much as $200 billion annually.2
AB2053 was ultimately signed into law on September 9, 2014, by Governor Jerry Brown and went into effect on January 1, 2015. The new provision omits much of the model HWB, and it doesn't apply to smaller entities with fewer than 50 employees. Instead, it simply amends California Government Code section 12950.1 (part of the Fair Employment and Housing Act, "FEHA"), to expand existing training and education requirements for supervisory employees. Previously, for employers with 50 or more employees, the section required two hours of mandatory sexual harassment training, but the new law includes the prevention of "abusive conduct" as a component of this program.
The act defines "abusive conduct" to mean: "conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive and unrelated to an employer's legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance."The provision further specifies that "[a] single act shall not constitute abusive conduct, unless especially severe or egregious."
Twenty-eight other states have introduced some version of the HWB, but only three states currently have some portion of it, or a related bill, signed into law (Tennessee, California and Utah)3. In California, the bill's proponents explained that they wanted to take a "measured approach to the problem" and thus, drafted the law with the purpose of preventing bullying by educating managers "rather than being punitive." They also coupled it with sexual harassment training, finding that "it is not uncommon for the two problems to occur hand in hand."4
Where are the teeth?
In fact, Cal. Government Code section 12950.1(d) specifically states that a failure to provide the training will not give rise to a cause of action for sexual harassment (nor "abusive treatment" for that matter): "[A] claim that the training and education required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely, an employer's compliance with this section does not insulate the employer from liability for sexual harassment of any current or former employee or applicant."
Although the statute is clear that a failure to train cannot be offered as the sole proof of harassment or discrimination, that does not eliminate a lack of training as a factor to be considered in those cases. For example, in a recent unpublished case, Alejandro Madera Chavez v. Southern California Edison Company, 2015 Cal.App.Unpub. LEXIS 760, the plaintiff appealed after trial, claiming that the employer's failure to train on sexual harassment under section 12950.1 should have been considered in determining whether it was liable on his failure to prevent a sexual harassment claim under section 12940(k). While the appellate court considered this argument, it ultimately found that there was insufficient evidence presented at trial to establish the training had not in fact occurred. The court then reiterated that even if plaintiff had established a lack of training, he still needed to show "more" than a lack of compliance with section12950.1 in order to prevail.
The only enforcement mechanism found within the new provision lies with the government, and not with the private litigant, per section12950.1(e), and does not carry any apparent financial consequence: "If an employer violates this section, the [Department of Fair Employment and Housing] may seek an order requiring the employer to comply with these requirements." Even though part (f) states that the training component is only intended to "establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination," one might inquire: Where are the teeth?
Interestingly, according to research by proponents of the HWB on its Website, the United States is one of the only Western democracies lacking an anti-workplace bullying statute in place at the national or federal level. The term "workplace bullying" was popularized in the United Kingdom in the 1980's and early 1990's in a series of BBC radio broadcasts addressing the topic.5 Why is the U.S. different in this respect? Is it our concept of federalism? Are we worried about the socioeconomic implications of banning workplace bullies? The financial impact on companies by creating a mandate to employers? Are we concerned with issues of proof, or worried about somehow chilling employers' disciplinary processes?
For now, there is still little recourse for someone like our imaginary client, Joe. Joe's situation bears many of the hallmarks of a classic bullying situation. He was competent and well-liked, making him a threat to the bully. The bully thus isolated him, fabricated evidence against him, and deliberately embarrassed him in front of colleagues. Joe received little help from his employer and was told it was simply a "personality conflict" that he should try to work out on his own. His co-workers supported him privately, but no one stood up for him when it counted, and no one could prevent his ultimate termination.
If a case of workplace bullying were particularly egregious, (especially if the employer failed to heed the new training mandate), an aggrieved employee could try to bring a claim of intentional infliction of emotional distress (IIED). Yamada's research, however, has shown that typical workplace bullying (akin to Joe's), with no sexual harassment or protected-class discrimination element, rarely leads to IIED liability.6 When courts have rejected workplace bullying related IIED claims, the most frequent reason was that the complained of behavior was not sufficiently extreme and outrageous to meet the elements of the tort, that plaintiffs could rarely show the requisite level of severe emotional distress, or else the plaintiff's claims were precluded by a workers' compensation statute.7
Other legal approaches that Yamada examined and found largely ineffective were claims for intentional interference with the employment relationship (arguing that the interfering "third party" is a co-worker or supervisor acting outside the scope of the employment relationship), and discrimination claims for hostile work environment based on a protected class (including mental disability created by the bullying).8 According to Yamada, the disability discrimination claims tend to fail because abuse and stress are often seen as intrinsic to employment (not unlike the way sexual harassment was perceived a generation ago; just watch any episode of "Mad Men" for examples). Unfortunately, a disability discrimination theory would not work for someone like Joe, since the employer never had knowledge of his disability. Even in cases where the person is in a protected class, it is often difficult to prove a causal link between the protected class and the abusive behavior, as it more typically appears like a bullying situation rather than actionable harassment targeting the person because of their protected status.
One theory that has yet to be explored in California is whether a bullied and then terminated employee like Joe could bring a claim for wrongful termination in violation of public policy (assuming the organization had 50+ employees and the employer had failed to implement the section12950.1 training requirement), since the new statute evinces a strong public policy against bullying.
The bipartisan support and passage of AB2053 shows that California may be open to a healthier, bully-free workplace in the years to come, but for now, it is only prepared to support prevention efforts and not any type of enforcement mechanism. The effect of the new training provision may be measured over time to see whether training is an effective way to help prevent the problem of workplace bullying. In the meantime, plaintiffs' attorneys will be testing the waters to see whether the new law can be used to establish new legal precedent to give victims more viable causes of action against workplace bullies and garner support for stronger legislation. As practitioners fielding calls from people like Joe every day, we certainly hope so.
1 David C. Yamada, The Phenomenon of "Workplace Bullying" and the Need for Status-Blind Hostile Work Environment Protection, 88 Geo.L.J. 475 (2000).
2 Sen. Rules Com., Off. of Sen. Floor Analyses, 3d reading analysis of Assembly Bill No. 2053 (2013-2014 Reg. Sess.), July 31. 2014, pg. 3
3 http://www.healthyworkplacebill.org/states.php
4 Sen. Rules Com., Off. of Sen. Floor Analyses, 3d reading analysis of Assembly Bill No. 2053, supra.
5 According to Yamada's research posted on his Website, Great Britain passed the Protection from Harassment Act 1997, with its final provisions enacted in August 2001, containing broader anti-harassment provisions than the U.S. which encompass the problem of bullying. Scandinavian nations were some of the first to enact explicit anti-bullying laws as early as 1994. Many other European nations (particularly EU nations) also have robust employee protections which legally compel employers to prevent or correct bullying. Since 2005, Ireland has had a health and safety code that has strong provisions to address bullying. Canada has enacted several provincial laws that target bullying starting in 2004. Australia has actually criminalized workplace bullying starting in 2011.
6 David C. Yamada, Workplace Bullying and American Employment Law: A Ten-Year Progress Report and Assessment, 32 Comp. Labor Law & Pol'y Journal 251, 257 (2010).
8 Id. at 258-259.
Employment - In General


We should all play a game together.
I think free to play are good but if we all have a game then that could be fun.I am UltraPlasmaNerd on steam and DerpyPheonix on battle net.Please come up with games we could all play together.
We've had game nights in the past that use to get pretty wild and everyone seemed to have a lot of fun. We'd hand out games to the winners, etc. (though when it came to brawlhalla I would be the winner every time ) All the games we'd play would be free to play games so everyone would be able to participate. With more people being active we could always try bringing it back.
Game Nights sounds like fun, I don't mind getting beaten in brawlhalla or the other way around. Also as a suggestion maybe we could play skribbl.io, its a drawing game that everyone people can play.