text:
Michnik, Konrad, and the fake opposition to Communism
Comment to Gyorgy Konrad's obituary in The Telegraph. The comment was submitted in the morning of 18 September 2019 among in the digital edition of the paper but was blocked.
Adam Michnik is a son of a Soviet agent convicted for his activities against the Polish state in the 1930s. [...]
[This text is now available at https://lsborkowski.com/pol/2019/09/29/michnik-konrad-and-the-fake-opposition-to-communism/]
Etykiety: Communism, counterintelligence, fake narrative, Hungary, intelligence, Poland, Solidarity, Soviet Union
My comment on The Times article Sept 9, 2019
The Times view on Russian electoral tactics: Potemkin Democracy
"It is a mistake to assign Putin's name to everything in Russia. Yes, he is the leader but this is a collective Communist system, painstakingly formed over many decades of terror, reward and punishment. Anyone thinking that this collective fell apart ought to have his/her head examined. It is also a mistake to think that there is a whole legion of democrats battling to take over and to finally introduce true democracy. The Communist system has not fallen apart, neither in Russia nor in other countries, such as Poland. Deception runs deep. @LechSBorkowski"
Etykiety: Communism, deception, Poland, Russia
Comment to the Times article 15 April 2019
Last Monday, April 15, I posted a comment to Edward Lucas' article "Julian Assange does not deserve our sympathy". The comment was not accepted. I post it here.
Only one syllable in the article's title, 'not', has a negative connotation. The other words are positive. The expression "deserve sympathy" is strongly supportive of Mr. Assange. I would think that attempting to invert this deeply sympathetic expression by attaching a little "not" is clumsy at best. This method of constructing the title is either (a) not smart, or (b) deliberately deceptive. Take your pick.
Also, Assange's first name is included in the title, thus bringing him a little closer to the readers. Typically, when condemning someone, you would increase the mental distance between that person and the readers. Again, a little cognitive dissonance.
Mind you, this comes from an experienced journalist. Someone else pointed out Mr. Lucas' role in a generally defined field of "information intelligence" (Information Warfare Initiative). Russia and its supporters in Eastern Eastern have nothing to fear on the part of Mr. Lucas. Quite the opposite.
https://lsborkowski.com/pol/
Etykiety: counterintelligence, deception, Eastern Europe, intelligence, Russia
Comment to The Times article 4 March 2019
Last night I tried to post the following comment under an article in the The Times (London). The comment was blocked, so I post it here.
My name is Lech S. Borkowski. I have a PhD in Physics from the University of Florida (1995). I returned to Poland and worked at the Adam Mickiewicz University in Poznan. I reached the associate professor level before being expelled from the Uni. in Autumn 2015. My wife Małgorzata Głuchowska, a leading pianist and piano teacher in the State School of Music in Zielona Góra, was simultaneously fired from her job as well. We lost our jobs for political reasons. My wife was subjected to a humiliating psychological "evaluation". The psychologist issued a de facto death sentence, claiming to have discovered unspecified deviations in my wife's thinking and reasoning. The Regional Center of Occupational Medicine officially banned my wife from continuing her job as a very successful piano teacher.
Mr. Lucas' article presents a false picture.
Our human rights have been violated for many years, regardless of which government was officially in power. We have written to the aurhorities, including former and current presidents and PMs. We also wrote to the European Parliament. We have provided detailed information to the Prosecutor General (Minister of Justice).
Prosecutor's Office falsified the case.
My wife and I are carrying out a project on
* Critical Narrative Analysis,
* Organised Social Violence,
* Criminal State
You can view it on the website lsborkowski.com/pol/lsborkowski.com/pol/ and at https://www.researchgate.net/project/Critical-Narrative-Analysis-Organized-Social-Violence-Criminal-State
This is work in progress.
Since loss of our jobs put us in financial difficulties, I came to the UK in June 2016 to earn a living. I worked as a night cleaner of Le Pain Quotidien restaurants in London. 99 consecutive days without a day off. Then I worked with a London company as a self-employed leaflet distributor, 7 days a week. I am now working at a fruit and veg shop in London.
From older Scots literature to corporate social responsibility via Soviet Union and mechanical cutting
I expressed in an earlier post my surprise on seeing Sally Mapstone, professor of Older Scots literature at the University of Oxford in the UK, among members of international scientific committee of the conference Corporate Social Responsibility, organized by an obscure foundation Institute of Scientific Research and Expertises from a non-university town of Gorzów Wielkopolski in western Poland. At the time of the conference, 15-16 December 2016, she held already the post of the Principal and Vice-Chancellor of the University of St Andrews (UK), the oldest university in Scotland, established in 1413. In the current ranking of world universities compiled by Times Higher Education it is classified as number 165 in the world.
Sally Mapstone authored and edited publications on literature in Scots and Latin before 1707. For example, she authored the book Scots and Their Books in the Middle Ages and the Renaissance (1996), book chapter Shakespeare and Scottish Kingship: a Case History (1998), and edited the book Older Scots Literature (2005). How does the older Scots literature relate to "corporate social responsibility"? There is no visible connection between her academic research and the roles she performed in academic administration and the conference theme.
One can similarly question the disconnect between the subject of the conference and professional lives of other conference organizers.
Tadeusz Zaborowski, the operator of the foundation behind the conference, is a retired professor of mechanical engineering at the Poznań University of Technology. One of his early publications is "Możliwości adaptacji przecinarek taśmowych do cięcia anodowo-mechanicznego" ("Possibilities of Adapting Band-type Cutting-off Machines for Combined Anodic and Mechanical Cutting") in an obscure Polish monthly Mechanik in 1983. Between that paper and the next one listed in the Scopus database, "Verification of cutting zone machinability during the turning of a new austenitic stainless steel" is a gap of 28 years. His next several publications in the database are from the mechanical engineering domain.
There is, of course, nothing wrong in pursuing new interests and exploring new areas of research and social activity. It is, however, astonishing, that Zaborowski acts as chairman of the organizing committee of the conference on corporate social responsibility, i.e. in a field in which he did not seem to have been active.
What about conference's deputy chairs?
Daniel Fic, has no publications in the Scopus database. His web page at the Higher School of Security (Wyższa Szkoła Bezpieczeństwa) in Poznań informs that he graduated from both the Wrocław University of Technology and Moscow School of Management in 1976. He was clearly privileged and highly trusted member of Communist inner circles. There is no information about his doctorate. His subsequent career at two institutions of higher learning in Zielona Góra, Higher Pedagogical School and Higher Engineering School, in which he held a number of management positions, includes the position of chairman of the Faculty of Mathematics, Physics and Technology, for which he was quite obviously professionally unsuited. He obtained habilitation from the Moscow University in 1989. Fic is also a faculty member of the Faculty of Management in the Higher Military School of Land Forces in Wrocław. Fic's background indicates an extremely strong backing of the Communist authorities. and the Communist military.
Zygmunt Bauman, a retired professor of the University of Leeds, was a sociologist (died in January 2017). He worked for the Communist military intelligence in his youth. His later claim about cutting off ties to Communist intelligence cannot be taken seriously.
Tatiana Ronginska. No publications in the Scopus database. PhD and habilitation in Leningrad. She is currently head of the Institute of Psychology at the University of Zielona Góra, which was formed as a fusion of the Higher Pedagogical School and Higher Engineering School, institutions where Fic also held important positions. Ronginska came to Zielona Góra in early 1990s, at the time when the Red Army was leaving Poland. She was one of a large wave of arrivals from the Soviet Union to the universities and institutions of culture. The military contingent was replaced with the next batch of troops. Quite clearly the Russian and the Polish side co-operated in the smooth placement and preferential treatment of the Soviet individuals in institutions across Poland.
Xuesong Yin from China. There are several persons having this name in the Scopus system. None represent the field of economics.
Robert Woźniak from Poland. Three persons from Poland in the Scopus database with the same first and last name, none in economics. Each with just a couple of papers.
Corporate social responsibility is among the last themes one would respect to be on the mind of persons with strong ties to Communist civilian and military authorities. Clearly there is more to this conference and its participants than meets the eye.
Etykiety: Communism, fake narrative, intelligence, military intelligence, Poland, Russia, Soviet Union
Institute of Scientific Research and Expertises in Gorzów Wielkopolski
Institute of Scientific Research and Expertises, Instytut Badań and Ekspertyz Naukowych (IBEN) in Polish, in Gorzów Wielkopolski in western Poland is an interesting institution. It was founded in 1978 as Ośrodek Badań and Konsultacji, which could be translated as Center of of Research and Consultation. According to address provided on its website, ul. Górczyńska 21, 66-400 Gorzów Wielkopolski, it is located in the same building as the local branch of one of the largest Polish banks PKO BP, next to a large shopping center. The website displays text in Polish, Russian and English. The name of the Institute's director is not published in the "contacts" section. The key name associated with the Institute seems to be Tadeusz Zaborowski, until recently faculty member of the Poznań University of Technology, some 100 km east of Gorzów. The website claims the Institute remains under supervision of Ministry of Science and Higher Education.
The register of Ministry-supervised foundations for the year 2017 contains nearly 900 names. Fundacja Instytut Badań i Ekspertyz Naukowych (Foundation Institute of Scientific Research and Expertises) is listed in position 263. The founding year is given as 2008. The Foundation did not submit a report of its activities in any of the years 2012-2015, which begs the question how the government's supervisory function is being performed. However, the practice of not submitting activity reports seems to be very common among these foundations. The obvious conclusion is that both the government, regardless of its composition, and the academic circles in Poland are very happy with this state of affairs.
The Polish text of the website sometimes makes an impression of being translated from Russian. Its quality is less than good. Texts in Russian and English also contain obvious mistakes.
The official national register of companies and institutions, Krajowy Rejestr Sądowy, shows three other names of Zaborowski family in the foundation board and two additional individuals, one Polish and one probably Ukrainian, apparently a collaborator of T. Zaborowski, a retired employee of Uniwersytet Zielonogórski (University of Zielona Góra), a town 100 km south of Gorzów.
In 2016, the Institute claims to have organized international conference Corporate Social Responsibility, Społeczna Odpowiedzialność Biznesu, held in Poznań on 15 and 16 December. Those looking for more detailed information about the conference are served a real treat:
It was one should fill in conference the card of notification of part in aim of obtainment of more far information and send her till November 30, 2016 y. on address: Institute for Scientific Research and Expertises, Górczyńska Street 21, 66-400 Gorzów the Wlkp., Poland or e-mail on address: [...] It was can information also get under number of telephone / fax [...]
The conference's international scientific committee chairman was T. Zaborowski, of course. Among the deputy chairs were the late communist sociologist Zygmunt Bauman (died in early 2017), as well as Tatiana Rongińska, a native of Leningrad in the Soviet Union, currently director of the Institute of Psychology at the University of Zielona Góra. Bauman was employed by the communist military intelligence.
Zaborowski himself has very good contacts in Russia. The website's gallery presents several pictures of him receiving the honoris causa doctorate at Moscow State Technological University "Stankin" (MSTU Stankin), although the date of this award is not stated. This distinction is more surprising if we lookup the author's name in the Scopus database. Quite clearly, other, non-scientific reasons were decisive in the award decision.
There are some surprising names among members of the scientific committee, such as Sally Mapstone. S. Mapstone became Principal and Vice-Chancellor of the University of St Andrews (UK) in September 2016. She has previously served as Pro-Vice Chancellor for Personnel and Equality and Pro-Vice Chancellor for Education at the University of Oxford. It would be interesting to know how and why she agreed to lend her name to this dubious project.
On 17 February 2017, IBEN's facebook page invited doctoral applications:
kindly inform you that a person interested in the implementation of the management of doctoral dissertations and from the construction and operation of machines and ergonomics (job security) may submit their CV to [...] by 28.02.2015 together with proposals for the problems which they wish to take to resolve.
Upon receipt of CV interested will receive detailed information indicating that people were qualified for further proceedings. All are informed of the receipt of the resume, Welcome
Etykiety: Communism, military intelligence, Poland, Russia
Opened Project at ResearchGate
I opened project Critical Narrative Analysis, Organized Social Violence, Criminal State at researchgate.net. The project was placed on the web at lsborkowski.com/pol/ two years ago.
Etykiety: criminal state, Critical narrative analysis, organized social violence
Trust 2018
It was announced in Poland on Monday 26 March 2018 that Prime Minister Morawiecki was awarded the Lech Kaczyński Prize. The award ceremony was broadcast live countrywide by TVP Info and Polsat tv stations. The event was held in the conference hall of the National Stadium. And as usual, a great many false words were spoken.
It was proclaimed, for example, that Morawiecki was tortured by the Communist Security Service (Służba Bezpieczeństwa), whose functionaries wanted supposedly him to reveal the hiding place of his father. This is of course a nonsense. Mateusz Morawiecki's father was not in hiding, because he had no reason to hide. Mateusz was not tortured. Quite the opposite. The Morawiecki family belongs to the highest Communist trust category and that is why they were assigned public roles of very high visibility. The Solidarity trade union and other associated "oppositional" movements were classic Communist operations of the Trust type.
Similarly, the Kaczyński family of the Lech and Jarosław twin brothers belongs to the category of the highest Communist trust.
Etykiety: Communism, counterintelligence, fake narrative, intelligence, Trust
2013 Letter to the European Commission
We would like to notify the EU Commissioner for Justice, Fundamental Rights and Citizenship about a very serious problem concerning routine and widespread violations of basic human and constitutional rights in Poland. The size of the problem is huge.
We feel our particular case is an important one because it shows with clinical precision the mountains of pathology in Poland. The conventional propaganda has it that it is the uneducated and the unskilled ones who face the largest difficulties in Poland. Quite opposite is actually true. It is the best and the brightest whose rights are violated most significantly.
I am enclosing below the letter written by my wife MG and myself. It focuses on her personal experience as a target of a brutal elimination campaign. Our experience, the experience of our families and the observation of the public life in Poland leave us no choice but to conclude that Poland is not a democracy. It never was a democracy after 1990 despite many claims to the contrary. This is certainly a strong statement since it goes against the conventional view. However this claim is based on fighting for our dignity and honor "in the trenches" of our personal lives, in a day-to-day struggle for our rights that are supposedly guaranteed both by the national constitution and by the EU Charter of Fundamental Rights. You have to look the beast close in the eye in order to understand the full extent of human rights violations. The Polish post-communist bureaucracy is exceedingly skillful in falsifying the reality. In this sense there is a full continuity between the communist times and the regime of the present day.
The problem that most journalists, academic researchers and politicians miss completely is the survival, cohesiveness and flourishing of the entire social group related to the communist junta. It is this hidden dimension that determines career paths. It is also a taboo subject. The names of political factions and officially declared political views do not matter at all. Poland is a political cabaret where the action on the political stage is the least important of all. If necessary, new political parties can be easily created out of thin air with the same cast of the usual suspects and their friends. There is the hidden information flow for the 10-20 privileged per cent of the population (this is only an order-of-magnitude estimate) and there is the political farce for the rest of us.
Non-governmental organizations are equally useless. They are part of theatrical decorations and are mostly vehicles for self-promotion or misuse of funds. They can forever organize seminars on certain themes without advancing democracy by an iota.
Let us make ourselves perfectly clear. There never was a civil society in Poland after 1945. The prevailing view that the rise of the civil society in the 1970s and 1980s somehow brought about the regime change and democratization can be safely classified as a fairy tale.
It was not easy to arrive at this conclusion. We have been bombarded with the praise for the successful Polish democratization both from within our country and from without. However for many years that picture was at odds with our daily experience. Finally, some more recent traumatic events provided us with plenty of evidence about the survival of dictatorship in Poland and about its current character.
I am an associate professor of Physics at the Adam Mickiewicz University in Poland. I have significant international experience. I was a graduate student at the Virginia Polytechnic Institute and State University in Blacksburg, and University of Florida in Gainesville, where I obtained my Ph.D. in Physics in 1995. During my doctoral studies I spent one year in Germany at the Karlsruhe University. Also I once did practical training at the Twente University in the Netherlands as an undergraduate. I spent one year as a postdoctoral research associate at the Georgia Institute of Technology in Atlanta in 1997/98.
My wife and I can present mechanisms that are routinely employed for the purpose of destroying individual careers and lives in Poland. We can travel to Brussels to deliver our testimony in person.
I, MG, am a pianist and a piano teacher at the school of music in Zielona Gora in Western Poland. It is a public school supervised by the Ministry of Culture. It consists of two levels. Both levels take six years to complete. Most students stop after six years, since the musical education at the higher level is quite demanding. The pupils who take the full course of study, typically graduate at the age of 19. The second-level graduates may continue their musical education at the university level.
I graduated from the Academy of Music in Poznan in 1991 and soon afterwards took a job at the Zielona Gora school as a teacher of piano. I had many successes during my teaching career. My pupils won awards at nationwide and international piano competitions. I received many awards from the school's directors, as well as the award from the Minister of Culture. My hard work earned respect among the students, their parents and fellow teachers. I was appointed head of the 18- member piano section in 2008.
In September 2011 I was suddenly attacked by a new employee of the piano section, who was hired in 2009. She challenged part of our teaching program, claiming it was not compatible with the Ministry regulations. Our teaching programs are reviewed periodically, every couple of years. The last such review was held in May 2011. After some cosmetic changes the program was approved by the members of our section during one of our meetings. This was a routine procedure. Teaching programs in the classes of classical instruments may evolve in time but do not change radically. I gave a written response and handed the matter over to the director. Very soon it became clear that the attack on the section's teaching program was only a prelude. This was a provocation whose aim was to start a vicious campaign against me, to vilify me as a person, teacher, and a social being. The school's director should normally make decision, one way or another, and close the matter. Instead the director avoided making any decisions and started participating in various attacks against myself. I was attacked in every possible way.
Meetings were arranged during which the provocateur was allowed to publicly throw unfounded accusations against me. It became absolutely clear, beyond any doubt, that everything I say or do will be used against me. It did not matter what was right and what was wrong, what was true and what was false. I gave abundant detailed explanations, I begged for rational, simple decisions, to no avail. Someone decided to destroy my professional life, my public image, to totally discredit me as a person and to annihilate my ability to perform social and managerial functions. The smearing campaign was in full swing. For example, I was officially reprimanded for my absence at a meeting of our school's section heads with the director. On that day I did not have any classes and I had to go to a doctor because my health deteriorated as a result of relentless vicious attacks, conducted openly, publicly with full approval and participation of the school's director and the local area representative of the
Ministry of Culture. In addition to enormous, unbearable psychological stress, I developed somatic symptoms such as not being able to speak without coughing, as if something was clutching my throat.
In one letter to me the director indicated that I was mentally unstable. Similar opinions were voiced to school employees. My every step, my every move was closely watched. It was a manhunt and I was the target. When I notified the Minister of Culture about all of this in November and December 2011, nothing changed. At this point it was clear that all these attacks, all this war waged against me had the government's seal of approval.
In the first days of September 2011 I also became head of the Parents Council, although not without some hesitation. As someone who knew the school very well both as a teacher and as a parent (my daughter was a student of piano in the school; she dropped the school since the attacks began), I had some ideas about improving its role and I wanted to give it a try. I seemed to have a full support of both the director and the parents. However, it turned out very quickly that my role in the Parents Council was used as yet another opportunity for brutal attacks. I asked the director for the Bylaws of the Council. The director presented to me a document that had neither a date, nor a signature. Obviously the Council had to vote a fresh set of Bylaws in order to avoid legal problems. However the saboteurs in the Parents Council blocked my attempt to introduce the bylaws, which was required by law. They simply refused to discuss and vote on the matter.
A special Ministry of Culture representative arrived just before Christmas 2011, supposedly to investigate the charges against the misuse of the Parents Council funds. This is the version I was given in writing by the representative. Some time earlier the director refused to show financial documents of the Parents Council, thus breaching the law. I was forced by the director to sign payment agreements e.g. for the insurance of the school buildings. Our school is public. The Minister of Culture acts as the school owner and paying for the school's insurance was obviously outside the responsibility of the Parents Council and a clear violation of the law.
A report was written and the verdict was issued in the first days of January 2012. The Ministry declared that all school documents were in perfect order and that my complaints about bullying and mobbing were completely unfounded. Instead I was being accused of showing authoritarian tendencies. However, the Ministry refused to send me the report's copy. The attacks continued. I was again assaulted verbally during meetings of the school's pedagogical council, i.e. the entire teachers body, in February and March 2012. There were also new provocations from the director, who tried to instigate a conflict between me and the school's orchestra conductor, when one of my students was to play Edward Grieg Concerto in A-minor with the school's symphonic orchestra, consisting of upper-class students. The director falsely accused me of being absent from work during my teaching hours. I was being forced into signing documents whose authenticity could not be established. No signature meant being accused of insubordination.
My every single activity was taken as a pretext to new attacks. When I hanged nice color posters in the school's hallway announcing my pupil's performance, I was accused of displaying unauthorized material.
One of the best employees this school has ever had, someone who made every effort to improve teaching methods and take a student to a higher level, someone who was always a team player and a good leader when one was needed, was now being made into the public enemy number one on all fronts. In parallel with this campaign of terror various school documents were falsified and fabricated in order to support the absurd accusations against me.
On March 8th 2012, the International Women's Day in Poland, I received an official note terminating my appointment as head of the piano section. Just two days earlier, on March 6th 2012, I went to Ministry of Culture in Warsaw and personally delivered full documentation related to the attacks. The law regulating the educational system in Poland states that a superior cannot dismiss a person from a managerial position in the school system without giving a detailed description of the charges against that person. The letter of dismissal contained no basis for this decision. It was another provocation. I suppose that in a normal democratic country the school's director would get into big trouble and quickly lose the job as a result of orchestrating and participating in all this orgy of bullying and mobbing. But not in Poland, because Poland is not a democratic country. Clearly the director has been following orders and was assured of full impunity.
When I decided to contact the prosecutor in January 2012, I hoped for the psychological terror to stop. I already had to take psychotropic pills to take me through every single day of this hell. I thought that the necessity to testify under oath would bring an end to this vicious cycle. The prosecutor was not in a hurry. He interviewed me on my own insistence, treating me more like a suspect than a victim. He behaved aggressively towards me. No one else was interviewed by him. No documents were checked. The prosecutor decided not to start any proceedings. When I read the letter announcing his decision I was surprised to find that he distorted my statement on the misuse of Parents Council funds. In other words my testimony was falsified by the prosecutor. Theoretically I could challenge this decision in the court but it already became clear that the court would act in a similar way. The lawless system could do anything to me. I was helpless. I realized that the facade of the democratic state was only a facade, nothing more. Law and justice do not exist in Poland. A gang of thugs could destroy an innocent citizen in a broad daylight, with full approval of the government and with eager participation of the functionaries of the legal apparatus.
I read in amazement how the Western press continues to praise Poland as a successful member of the European Union and as a benchmark of democratic change from the brutal totalitarian regime to a peaceful, progressive, and ever more prosperous member of the international community of democratic countries. The truth is Poland remained an oppressive regime. It does not matter much which political party is currently in power as anyone with a brain and some common sense will quickly notice that Poland in fact is a dictatorship thinly disguised as a democracy. Peoples' careers and lives are destroyed before they even have a chance to become leaders in different fields of social and professional activity.
The communist totalitarian state has transformed itself. Perestroika was hugely successful. The power remained in the same hands. New lies and new tricks were invented. You do not have to bring out the tanks onto the streets in order to maintain the grip on power. After years of brutal murders, expulsion, repression and intimidation, you only need to keep an eye on those few individuals who become outspoken and dare to criticize the current regime. These days you do not have to shoot them in the back of the head somewhere in the pine forest in the wee hours of the morning. My grandfather, a graduate of the Wilno conservatory in the class of violin in the years before WWII, narrowly escaped this kind of death. He was an officer of the Polish army at the beginning of WWII, imprisoned by the Soviet Russia as a prisoner of war in the towns of Kozielsk and Griazovets in 1940. My grandfather fought later with the Allied forces on the Western front. When he returned to Poland to reunite with his son, he was immediately arrested and thrown in jail by the communist secret police in 1947. During the war my grandmother was forced by the German Nazis to do slave labor. She had a little son, who later became my father. She died soon of exhaustion and illness soon after the end of the war. Communists succeeded in breaking the bond between the loving father and his son. Breaking up families who value dignity and honor remains at the core of the junta strategy. My husband, an associate professor of physics, is the target of an acute discrimination, bullying and mobbing at the Department of Physics of the Adam Mickiewicz University in Poznan.
These days careers of select individuals in Poland are killed at will, one by one, on fabricated, absurd charges. The communists knew perfectly well that you can't go on forever killing people physically. They gradually changed their tactics. Instead of killing the body they focused on killing the mind and the soul. The advanced knowledge of the social sciences was employed for the sole purpose of murdering the soul and murdering the social dimension of a person. Psychology became operational psychology. The key elements to the successful murder of the social being are the isolation of the victim and the participation of as many perpetrators as possible. This is the true meaning of Solidarity in Poland. It is the solidarity of the oppressors against an individual. All these methods inherited by the current Polish junta are widely used in Poland today. Psychological terror against any bright and brave individual standing up for dignity and honor is the main tool of the regime.
We are faced with a new type of dictatorship. We have multi-party elections in Poland, we have the parliament, different newspapers and tv channels, facebooks and twitters, and often the same tv series as people watch all over the world. However the ugly minds adapted to all that and are taking full advantage of the technological progress. They are running a system which one of us (L.S.B.) calls the BTL dictatorship, i.e. dictatorship "below-the-line". The chain of command is hidden from view. The tyranny relies on many seemingly independent acts committed by a large number of perpetrators in different institutions. It is the solidarity of the junta against the rest of us. The perpetrators of the junta are rewarded with money, prizes, careers, and social status.
The so-called velvet revolution of the 1989-90 was a fraud. This was merely a transformation of the brutal regime into a new form. A form that was better adapted to a new reality. This new form of dictatorship imitates the language of mature democracies. It imitates their rhetoric. It imitates some democratic processes. But it is no more than an exercise in deception. Another act in the same theatrical play, where public rituals are supposed to trick people into believing that beneath the rituals there is a genuine democratic content. However beneath a thin veil of democratic rituals is the same stalinist iron fist. Wladyslaw Gomulka, the First Secretary of the communist party declared in his Moscow speech on 18 June 1945, "We will never relinquish the power that we once won" ("Raz zdobytej władzy nie oddamy nigdy"). And it is this quote that perfectly describes the post-1990 Poland. Gomulka's followers kept his promise. The much-publicized Lech Walesa's line "We the People", opening his speech to the American Congress in 1991 was a lie.
The Polish communist junta seemed to give up power in a negotiated settlement with the representatives of the so-called democratic opposition in 1989. Much has been written about the apparent rise of the civil society in the communist countries and how it brought about the regime change. The course of events over the next twenty four years proved beyond any doubt hat that 1989 settlement was merely a trick enabling the communists to remain in control and to continue occupying all positions of power. The "democratic opposition" was neither opposition nor was it democratic. It was a device created by the communist dictatorship in order to legitimize the departure from the dull, old-style regime and mask the transition to a new, more advanced form of tyranny.
MG and LSB
Etykiety: Communism, concentration camp, criminal state, deception, dictatorship, human rights, Lech Borkowski, Małgorzata Głuchowska, Poland, psychological terror, Soviet Union
Letter to the Prime Minister of Poland 10 December 2017
My wife and I sent a letter to the prime minister of Poland. The letter is dated 10 December 2017. It is nine pages long.
The full text of the letter is published on my website lsborkowski.com.
Etykiety: Communism, criminal state, culture, Eastern Europe, fake narrative, genocide, human rights, Lech Borkowski, Małgorzata Głuchowska, narrative control, Poland, science, social murder, social violence
Bolshoi mistake of the BBC
Reporting on the concert marking the 26th anniversary of John Paul II pontificate, BBC made an important mistake:
Pope John Paul II has marked his 26th year as head of the Roman Catholic Church by attending a concert given by Russia's Red Army Choir. [...]
On the stage, bathed in red light, the choir founded 70 years ago by soldiers who took part in the Bolshevik revolution sang traditional Russian songs in full dress military uniform. [...]
[The Pope] seemed delighted [...]
In Russia there are two choirs bearing the same name of Red Army Choir. One is indeed the army choir. The other, however, is an ensemble of the Ministry of Internal Affairs, established in 1939 as the Ensemble of the NKVD. The concert in the Vatican was given by the NKVD Ensemble (see also here). The BBC text refers to the Alexandrov Ensemble, which is the original Red Army Choir.
Bolshevik deception
The website of the Polish 11th Armored Cavalry Division includes a page devoted to its history. The Division was originally formed as the 11th Infantry Division of the 3rd Communist Army. The formation process began in October 1944 in the area of Lublin. Division formation was abandoned after nearly three months. Earlier the formation of the 3rd Army was also abandoned.
The Division was formed again in the area of Łódź in March 1945. The name was later altered to Motorized, Mechanized, Armored, again Mechanized, and finally Armored Cavalry in 1992.
Communists decided to equip the division with the "traditions" of the Communist 1st Dresden Armored Corps from the last days of WWII in Europe.
Dirty trick no. 1.
The name of King Jan III Sobieski was added in 1983. This was of course a dirty trick, since Communists did not want and essentially did not have anything in common with earlier Polish traditions.
Dirty trick no. 2
The website claims that Division became a heir to "tradition of the 1st Polish Armored Division under command of gen. Stanisław Maczek", which fought in western Europe together with forces of Poland's western allies. Poland's western army was under control of the legal Polish government located for most of WWII in exile in London.
This history article is illustrated with pictures of Polish soldiers of the Polish Army on the western front, subordinated to the Polish government in exile.
There is not a single picture of soldiers of the Communist 11th Division in the entire article.
The declaration of continuation of traditions of the 1st Polish Armored Division is fake, of course.
Polish version of this text
Etykiety: Communism, deception, fake narrative, narrative control
When I looked at the website of the project Knowledge Bridges Between Poland, Britain and Europe, which ran during the academic year 2016-17 at St Antony's College at the University of Oxford European Studies Centre, I found nothing that I could identify as significant from my perspective. This is a program aimed at preservation of an essentially Communist/Russian narrative. Important questions are not asked.
The opening sentence of introduction to that program reads
"Nearly 30 years after its democratic breakthrough, Poland poses a puzzling and fascinating case for scholars, public intellectuals, and journalists."
This sentence is indicative of a very deep, fundamental failure in the study of this region of Europe. Unfortunately U of Oxford is not alone in this failure.
Etykiety: Eastern Europe, Poland
Lech S. Borkowski's Letter to the Prosecutor General of Poland 19 February 2016
My 25-page letter to the Prosecutor General of Poland is in Polish and has not been translated yet.
Dr hab. Lech S. Borkowski
Andrzej Seremet
Prokurator Generalny
ul. Rakowiecka 26/30
Zielona Góra, 19 Lutego 2016
Szanowny Panie Prokuratorze,
Informuję o łamaniu praw człowieka i praw podstawowych moich, mojej żony i mojej córki.
Moja rodzina - ja, moja żona i córka - została zaatakowana w roku szkolnym (akademickim) 2011/12. Działania przeciwko mnie były prowadzone na Uniwersytecie im. Adama Mickiewicza w Poznaniu od początku mojego zatrudnienia, tj. od 1995 r. Pierwsze represje wobec mojej żony pojawiły się wkrótce po zawarciu przez nas związku małżeńskiego. We wrześniu 2011 rozpoczęto przeciwko niej serię brutalnych, bezwzględnych, niczym nie uzasadnionych prowokacji i represji w Państwowej Szkole Muzycznej w Zielonej Górze.
W lutym i w marcu 2012 zorganizowano jednoczesne prowokacje wymierzone w członków mojej rodziny.
(1) Ja zostałem zaatakowany na Wydziale Fizyki Uniwersytetu im. Adama Mickiewicza w Poznaniu,
(2) Moja żona została zaatakowana w jej miejscu pracy w Państwowej Szkole Muzycznej w Zielonej Górze,
(3) Moja córka Julia Borkowska została zaatakowana 8 i 9 lutego 2012 w szkole podstawowej przy ulicy Truskawkowej w Zielonej Górze.
W każdym z tych trzech przypadków zastosowano typowo komunistyczne metody prowokacji. Ataki zostały starannie zaplanowane, przygotowane i skoordynowane.
The letter is available at lsborkowski.com/pol/.
Etykiety: Lech Borkowski, Małgorzata Głuchowska
BUT HOW CAN WE BE SURE
On Monday, 3 April 2017, Russian authorities announced that a bomb exploded on a train in Sankt Petersburg's metro. The blast was said to have occurred in the train travelling between stations.
However, pictures and and video shown later were not convincing.
Skepticism is the correct approach towards all kinds of announcements by the Russian authorities and Russian media.
Although one might ask "But why would they lie"?, a more appropriate question is "Why wouldn't they"?
Paraphrasing words form one of Roy Lichtenstein's paintings, we should ask:
BUT... IN A POST-1917 WORLD HOW CAN WE BE SURE?
Etykiety: counterintelligence, deception, intelligence, Russia, Soviet Union
Comrade Capitalist
Yesterday, 1 April 2017, The Times of London published an article by Rachel Sylvester about Bill Browder (William Felix Browder), the grandson of the E. Browder (1891-1973), the General Secretary of Communist Party USA from 1930 to 1945. B. Browder allegedly rebelled against Communism in the family,
The grandson of Earl Browder, the former leader of the American Communist Party[*], he became a capitalist as an act of rebellion and spent more than a decade living as a businessman in Moscow, running Russia's most successful investment fund. He was deported in 2006 after he started to expose corruption, and was blacklisted by the Russian government as a "threat to national security". Since then he has been convicted in absentia on what he calls trumped-up charges and sentenced to nice years in jail.
This story is not credible. His success in Moscow was possible precisely because of the Communist heritage and the trust of the Russian leadership which he must have enjoyed. Capitalism here is only a facade.
Diagnosis: Bill Browder is not acting against Moscow's leadership, but with full support thereof.
Was the second name "Felix" given to him in reverence of Felix Dzerzhinsky, the first chief of the Communist secret police, first Cheka, then GPU and OGPU, in post-1917 Soviet Russia?
[*] It is interesting that the article does not provide the correct name of the Party, which is the Communist Party USA.
Etykiety: Communism, counterintelligence, deception, fake narrative, intelligence, Russia, Soviet Union
Letter of Lech S. Borkowski to the Rector of University in Poznan, September 30, 2015
Adam Mickiewicz University
Prof. Bronislaw Marciniak
Poznan, September 30, 2015
Dear Mr. Rector,
Please read the attached Comment no. 5 dated September 27, 2015. It addresses the performance of the song and dance ensemble of the Russian Ministry of Interior at he special audience in the Vatican on Ostober 15, 2004. The ensemble was invited by pope John Paul II to the celebration of the 26th anniversary of his pontificate.
In 2001 Adam Mickiewicz University in Poznan awarded honorary doctorate to John Paul II. It was delivered by the then-rector S. Jurga at a special audience in the Vatican, to which a special 130 person delegation, which included the university senate and university choir, flew with a specially chartered flight. This was bad decision, although an understable one, given the state of institutional pathology, breaking of constitutional and human rights at the university.
I am employed at the University since October 1, 1995. The University did not and does not provide me with normal conditions of professsional scientific development. The University breaks my constitutional and human rights, applying methods developed by the Communist state. This is persecution for political reasons. My parents were prisoners of Communist concentration camps in the Soviet Union from 1945 to 1956 (father) and from 1949 to 1956 (mother).
Neither the Physics department chair nor the University rector required me to validate my Ph.D. from the University of Florida in Gainesville, (1) when employing me in 1995, (2) when renewing my employment in 1996, (3) when employing me again in 1998 after my absence during the 1997-98 academic year, when I worked at Georgia Institute of Technology in Atlanta, USA. By employing me without validation of my diploma both the department chair and the university rector broke the law. However, their decisions are understandable, since the aim was not to let me grow professionally, but rather to block my creative development and force my resignation from the University without leaving a significant trace neither in the University archive nor in the archives of the state institutions.
CC: University Senate members
Etykiety: Communism, counterintelligence, intelligence, Lech Borkowski, military counterintelligence, military intelligence, Physics, Poland, Russia, science, Soviet Union
The West's Cognitive Catastrophe Towards Eastern Europe
The Telegraph (UK) published an opinion piece "Does Russia think it should follow any rules at all? And if not, what should we do about it?" by Charles Crawford on October 27, 2016. The author considers the problem of Russia not following any rules at all.
Not so long ago, it was all very different. In the early years after the Cold War ended and Russia claimed its independence, London and Moscow made a genuine effort both to cooperate across the board and to bring a new tone to that cooperation. I helped draft the new treaty signed in 1992 by Prime Minister John Major and Russia's President Yeltsin proclaiming bilateral peace and friendship:
"The Parties shall develop their relations in good faith. They declare their commitment to the peaceful resolution of disputes, to an open society, to democratic principles and respect for human rights and the rule of law…"
Russian and Western diplomats sat together around the world, closely coordinating positions on the Balkan imbroglio and other policy hotspots. Everyone listened to everyone else and tried to hammer out good joint positions. Things were, for most practical purposes, normal.
This fragment summarizes succintly the type of thinking prevalent in the West regarding relations with Russia. However, the Cold War has not ended. Deception in the communist countries of Eastern Europe, including Russia, continued, entering a new stage: the simulation of democracy and seemingly friendly relations with the West.
Using technical language one may say that Western observers of Eastern Europe were unable to disntinguish between the signal and the noise.
At the end of 1980s the Communists pretended that they lost control of the situation, gave up power and made a transition to democracy. This has taken Western experts completely by surprise. There were no signs that Communism in Eastern Europe would fall apart so suddenly and so easily. The West joyfully declared that the countries of NATO won the Cold War despite the lack of a credible explanation how it really happened.
The situation at the threshold of 1980s/1990s was symbolized by the phrase used by Francis Fukuyama in the title of his book "The End of History" (the full title is "The End of History and the Last Man") in 1993.
It is useful in this context to remind of the following quote from The Red Sword, newspaper of VCheKa troops in Bolshevik Russia:
We do not have and cannot have old foundations of moral and "humanism", invented by the bourgeoisie . . . We are allowed to do anything.
Etykiety: Communism, counterintelligence, deception, East Europe, fake narrative, intelligence, military counterintelligence, military intelligence, Russia
Letter of Malgorzata Gluchowska to President of Poland February 13, 2013
The Red Sword, newspaper of VCheKa troops in Bolshevik Russia
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Malgorzata Głuchowska
Bronislaw Komorowski
President of Poland
This letter is a continuation of my letters to you of October 14, 2012, and December 13, 2012.
The phenomenon I describe is a social problem, not a individual case. I would like to present methods of an organized group aimed at liquidating a person as a social being and thoroug annihilation of her psyche with a possibility of causing the person's suicide. In other words, I would like to present the process of the killing of the person's soul.
The entire process is described in detail in documentation spanning several volumes, gathered from the very beginning of these extraordinary and tragic events. Significant part of this documentation is located in the building standing across the street from the presidential palace: in the Ministry of Culture and National Heritage.
[the original Polish text of the letter is here]
Etykiety: collectivism, Communism, criminal state, human rights, killing the mind and the soul, Małgorzata Głuchowska, murder of social persona, Poland, psychological terror, social death, social violence
CIA shared its most secret intelligence with Moscow via pope JPII
When Ronald Reagan was elected US President in 1980, he hired William C. Casey as CIA Director. Casey has been involved in OSS, the CIA predecessor, during WWII and its immediate aftermath. Later he was a successful businessman.
Casey visited the pope John Paul II in the Vatican early in the Reagan administration. In the following years CIA delivered its most detailed information on Poland and other matters relevant to Wojtyła and the Holy See.
Beginning in the spring of 1981, the Reagan administration maintained an intelligence shuttle at the highest level between the White House and the pope, who was regularly briefed by Casey and Vernon Walters, a former CIA deputy director. Between them, Walters and Casey visited the pope about fifteen times over a six-year period to discuss matters of mutual interest.
The pope's judgments, especially concerning Poland and Central America, came to carry real weight in the White House, the CIA, and the NSC, and above all with Ronald Reagan himself. [...]
Meanwhile, the pope was the beneficiary of some of America's most carefully guarded secrets and sophisticated analysis: information from satellites, from intelligence agents, from electronic eavesdropping, from policy discussions at the White House, State Department, and the CIA. Between 1981 and 1988, General Walters says he met with the pope at approximately six-month intervals, briefing Wojtyła on virtually every aspect of American policy and providing intelligence assessments - military, political, economic - on any and all subjects of interest to the Vatican.
Carl Bernstein and Marco Politi, His Holiness, Doubleday 1996, p. 269
Thus the American administration and the CIA delivered its most secret intelligence and policy analysis straight into Moscow's hands. Communist intelligence, mainly Moscow- and Warsaw-based duped the Americans with any kind nonsense they chose. This is one of the most significant intelligence and political failures in history. A disaster in every respect. Wojtyła was a functionary of the communist intelligence.
Etykiety: CIA, Communism, counterintelligence, GRU, intelligence, military counterintelligence, military intelligence
Michnik, Konrad, and the fake opposition to Commun...


text:
import numpy as np
import pandas as pd
import jsonpickle as jpickle
import logging

# Our imports
import emission.storage.timeseries.abstract_timeseries as esta

import emission.analysis.modelling.tour_model.similarity as similarity
import emission.analysis.modelling.tour_model.label_processing as lp
import emission.analysis.modelling.tour_model.data_preprocessing as preprocess
import emission.analysis.modelling.tour_model.second_round_of_clustering as sr
import emission.analysis.modelling.tour_model.get_users as gu

def second_round(bin_trips,filter_trips,first_labels,track,low,dist_pct,sim,kmeans):
    sec = sr.SecondRoundOfClustering(bin_trips,first_labels)
    first_label_set = list(set(first_labels))
    for l in first_label_set:
        sec.get_sel_features_and_trips(first_labels,l)
        sec.hierarcial_clustering(low, dist_pct)
        if kmeans:
            sec.kmeans_clustering()
        new_labels = sec.get_new_labels(first_labels)
        track = sec.get_new_track(track)
    # get request percentage for the subset for the second round
    percentage_second = grp.get_req_pct(new_labels, track, filter_trips, sim)
    # get homogeneity score for the second round
    homo_second = gs.score(bin_trips, new_labels)
    return percentage_second,homo_second

# we use functions in similarity to build the first round of clustering
def first_round(data,radius):
    sim = similarity.similarity(data, radius, shouldFilter=False, cutoff=False)
    filter_trips = sim.data
    sim.fit()
    bins = sim.bins
    bin_trips = sim.data
    return sim, bins, bin_trips, filter_trips

def get_first_label(bins):
    # get first round labels
    # the labels from the first round are the indices of bins
    # e.g. in bin 0 [trip1, trip2, trip3], the labels of this bin is [0,0,0]
    first_labels = []
    for b in range(len(bins)):
        for trip in bins[b]:
            first_labels.append(b)
    return first_labels

def get_track(bins, first_labels):
    # create a list idx_labels_track to store indices and labels
    # the indices of the items will be the same in the new label list after the second round clustering
    # item[0] is the original index of the trip in filter_trips
    # item[1] is the label from the first round of clustering
    idx_labels_track = []
    for bin in bins:
        for ori_idx in bin:
            idx_labels_track.append([ori_idx])
    # store first round labels in idx_labels_track list
    for i in range(len(first_labels)):
        idx_labels_track[i].append(first_labels[i])

    return idx_labels_track

def get_first_label_and_track(bins,bin_trips,filter_trips):
    gs.compare_trip_orders(bins, bin_trips, filter_trips)
    first_labels = get_first_label(bins)
    track = get_track(bins, first_labels)
    return first_labels,track

def tune(data,radius,kmeans):
    sim, bins, bin_trips, filter_trips = first_round(data, radius)
    # it is possible that we don't have common trips for tuning or testing
    # bins contain common trips indices
    if len(bins) is not 0:
        first_labels, track = get_first_label_and_track(bins,bin_trips,filter_trips)
        # collect tuning scores and parameters
        tune_score = {}
        for dist_pct in np.arange(0.15, 0.6, 0.02):
            for low in range(250, 600):

                percentage_second, homo_second = second_round(bin_trips,filter_trips,first_labels,track,low,dist_pct,
                                                              sim,kmeans)

                curr_score = gs.get_score(homo_second, percentage_second)
                if curr_score not in tune_score:
                    tune_score[curr_score] = (low, dist_pct)

        best_score = max(tune_score)
        sel_tradeoffs = tune_score[best_score]
        low = sel_tradeoffs[0]
        dist_pct = sel_tradeoffs[1]
    else:
        low = 0
        dist_pct = 0

    return low,dist_pct

def test(data,radius,low,dist_pct,kmeans):
    sim, bins, bin_trips, filter_trips = first_round(data, radius)
    # it is possible that we don't have common trips for tuning or testing
    # bins contain common trips indices
    if len(bins) is not 0:
        first_labels, track = get_first_label_and_track(bins,bin_trips,filter_trips)
        # new_labels temporary stores the labels from the first round, but later the labels in new_labels will be
        # updated with the labels after two rounds of clustering.
        new_labels = first_labels.copy()
        # get request percentage for the subset for the first round
        percentage_first = grp.get_req_pct(new_labels, track, filter_trips, sim)
        # get homogeneity score for the subset for the first round
        homo_first = gs.score(bin_trips, first_labels)
        percentage_second, homo_second = second_round(bin_trips, filter_trips, first_labels, track, low, dist_pct,
                                                      sim, kmeans)
    else:
        percentage_first = 1
        homo_first = 1
        percentage_second = 1
        homo_second = 1
    scores = gs.get_score(homo_second, percentage_second)
    return homo_first,percentage_first,homo_second,percentage_second,scores

def main(all_users):
    radius = 100
    all_filename = []
    for a, user in enumerate(all_users):
        logging.info(f"Starting evaluation for {user}")
        df = pd.DataFrame(columns=['user','user_id','percentage of 1st round','homogeneity socre of 1st round',
                                   'percentage of 2nd round','homogeneity socre of 2nd roun','scores','lower boundary',
                                   'distance percentage'])
        logging.info(f"At stage: Reading data")
        trips = preprocess.read_data(user)
        logging.info(f"At stage: Filtering data")
        filter_trips = preprocess.filter_data(trips, radius)
        # filter out users that don't have enough valid labeled trips
        if not gu.valid_user(filter_trips, trips):
            logging.warn(f"User {user} is invalid, early return")
            continue
        logging.info(f"At stage: Splitting data")
        tune_idx, test_idx = preprocess.split_data(filter_trips)
        # choose tuning/test set to run the model
        # this step will use KFold (5 splits) to split the data into different subsets
        # - tune: tuning set
        # - test: test set
        # Here we user a bigger part of the data for testing and a smaller part for tuning
        tune_data = preprocess.get_subdata(filter_trips, test_idx)
        test_data = preprocess.get_subdata(filter_trips, tune_idx)

        # tune data
        for i, curr_tune in enumerate(tune_data):
            logging.info(f"At stage: starting tuning for stage {i}")
            # for tuning, we don't add kmeans for re-clustering. We just need to get tuning parameters
            # - low: the lower boundary of the dendrogram. If the final distance of the dendrogram is lower than "low",
            # this bin no need to be re-clutered.
            # - dist_pct: the higher boundary of the dendrogram. If the final distance is higher than "low",
            # the cutoff of the dendrogram is (the final distance of the dendrogram * dist_pct)
            low, dist_pct = tune(curr_tune, radius, kmeans=False)
            df.loc[i,'lower boundary']=low
            df.loc[i,'distance percentage']=dist_pct

        # testing
        for i, curr_test in enumerate(test_data):
            logging.info(f"At stage: starting testing for stage {i}")
            low = df.loc[i,'lower boundary']
            dist_pct = df.loc[i,'distance percentage']

            # for testing, we add kmeans to re-build the model
            homo_first, percentage_first, homo_second, percentage_second, scores = test(curr_test,radius,low,
                                                                                dist_pct,kmeans=True)
            df.loc[i, 'percentage of 1st round'] = percentage_first
            df.loc[i, 'homogeneity socre of 1st round'] = homo_first
            df.loc[i, 'percentage of 2nd round'] = percentage_second
            df.loc[i, 'homogeneity socre of 2nd round'] = homo_second
            df.loc[i, 'scores'] = scores
            df['user_id'] = user
            df['user']='user'+str(a+1)

        logging.info(f"At stage: parameter selection outputs complete")
        filename = "user_" + str(user) + ".csv"
        all_filename.append(filename)
        df.to_csv(filename, index=True, index_label='split')

    # collect filename in a file, use it to plot the scatter
    collect_filename = jpickle.dumps(all_filename)
    with open("collect_filename", "w") as fd:
        fd.write(collect_filename)

if __name__ == '__main__':
    logging.basicConfig(format='%(asctime)s:%(levelname)s:%(message)s',
        level=logging.DEBUG)
    all_users = esta.TimeSeries.get_uuid_list()
    main(all_users)

redpajama_set_name: RedPajamaGithub


In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Rothenberg, J.), dated September 16, 2010, as granted that branch of the motion of the defendant Laws Construction Corp. which was for summary judgment dismissing the complaint insofar as asserted against it.
The plaintiff alleges that on July 2, 2006, she sustained injuries when she tripped and fell over a hole on the roadway on 86th Street between 24th Avenue and Bay 35th Street in Brooklyn. She thereafter commenced this action against, among others, Laws Construction Corp. (hereinafter Laws), alleging that Laws negligently performed certain construction work in the general area near the accident site prior to the date of her alleged accident, which created the roadway defect over which she allegedly tripped. Laws moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against it.
In support of its motion, Laws submitted an affidavit from one of its employees, who confirmed that Laws had no records indicating that it performed any work at the accident location prior to the date of the plaintiff's alleged accident and that documents from the City of New York, which were appended to his affidavit, showed that Laws began working near the accident location on August 31, 2006, which was nearly two months after the plaintiff's alleged accident. Such evidence demonstrated Laws's prima facie entitlement to judgment as a matter of law (see Perelstein v. City of New York, 43 A.D.3d 894, 841 N.Y.S.2d 630; Tillem v. Cablevision Sys. Corp., 38 A.D.3d 878, 832 N.Y.S.2d 296; Flores v. City of New York, 29 A.D.3d 356, 358, 815 N.Y.S.2d 48). In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718; Perelstein v. City of New York, 43 A.D.3d at 895, 841 N.Y.S.2d 630; Flores v. City of New York, 29 A.D.3d at 358_359, 815 N.Y.S.2d 48).
Accordingly, the Supreme Court properly granted that branch of Laws's motion which was for summary judgment dismissing the complaint insofar as asserted against it.


text:
Emsworth play park opens in time for Christmas
Wednesday, 22 December, 2021
Emsworth children have been given the gift of a new play park this Christmas, thanks to the efforts of Havant Borough Council and local charity Verity's Gift.
The new play area in Emsworth Recreation Ground is now open and offers fun, exciting, and inclusive play for children of all abilities and ages to play and learn together.
The £85,000 refurbishment is supported by funding from the Community Infrastructure Levy, Section 106 developers' contributions and funds raised by Verity's Gift through undertaking challenges and obtaining community funding. Donations to the charity came from many local organisations and businesses, including a very generous donation from the J Pritchard Trust.
The final design was informed by community consultation undertaken in October 2020 and is complimented by newly-installed fencing. An official opening event is currently being planned for January.
Councillor Gwen Robinson, Havant Borough Council's Cabinet Lead for Affordable Housing, Communities and CIL, said: "It's wonderful to see the new play park open and ready for children in time for Christmas.
"The park looks fantastic and it will be a great way for young families to enjoy some fresh air and exercise.
"Thank you also to Verity's Gift which did so much to get this worthwhile project off the ground."
George Turner, of Verity's Gift, a charity set up to help to local causes, said: "This has been a long time in the making and to finally see it finished is quite overwhelming.
"This is truly an amazing legacy in honour of Verity and on behalf of the trustees of Verity's Gift, we are so happy to see this project complete. We would like to thank everybody that somehow contributed towards the play park.
"It's been truly amazing how the community has got behind this project and we look forward to seeing children playing in the park."
Contributions from the community included donations from: J Pritchard Trust, Treagust's Butchers, The Emsworth Residents Association, Emsworth Co-op, Cafe Moka, Rowlands Castle Golf Club, Jonathon Ditton Salons and Vin Wines.

redpajama_set_name: RedPajamaCommonCrawl


text:
Texas Teacher Pension Fund Managers Receive Millions in Bonuses
By Ed Timms and Christy Hoppe, The Dallas Morning News (MCT)
Investment managers for the state's teacher retirement fund received more than $8.2 million in bonus payments this year, more than double what top employees in every other state agency combined have received since 2007, a Dallas Morning News analysis has found.
The performance pay comes as 300,000 retired educators have gone a decade without a pension increase and as the state grapples with a huge budget shortfall that could cost tens of thousands of teachers their jobs. The bonuses went to 54 top employees who direct parts of the $100 billion fund.
Officials with the Teacher Retirement System of Texas say the incentive program helps attract and keep some of the top investment talent in the nation. They point out that the system's portfolio was the top-performing large public investment fund in the nation last year and that the incentives are based on specific criteria and earned only by surpassing high benchmarks.
Critics question whether such bonuses are appropriate during a budget crisis—especially when the system's investments haven't returned to where they were before the stock market nosedive and recession, even though the funds have beaten benchmarks set by the system's governing board.
Sen. Kevin Eltife, a Tyler Republican who serves on the Senate's Business and Commerce, Economic Development, and Finance committees, said the Legislature should consider ending incentive pay and replacing it with competitive salaries.
"You can hire fund managers and people right now in this environment, pay them good salaries, be competitive with the private sector and I do not think it's a requirement in this environment to pay incentive for these fund managers," he said.
Eltife pointed out that basing so much pay on beating the market encourages managers to take risks for the highest potential returns—a questionable move with state pension funds.
"The whole issue goes back to the go-go days of the '90s—the roaring markets, the high leverage," Eltife said. "I'm no longer interested in reaching out and getting the ultimate return on our money. I'm more interested in the safety of our money."
R. David Kelly, a Dallas real estate investor who leads the Teacher Retirement System's board, said the fund has rules that do not tolerate high risk and maintains a diversified and balanced portfolio that deals in real estate, equities, bonds and commodities—not just stocks.
Fund managers receive lower salaries than they could get from private firms, so the incentives are needed to keep talented staffers, who exceeded targets by $2.3 billion last year, Kelly said.
"If we don't pay out incentive compensation when you had clearly superlative performance, it sends a bad message and it causes people to ask just how big a discount are they willing to work for," he said.
Texas is one of several states giving millions in bonuses even while slashing budgets for education and health care.
"I can't justify it," said Rep. Sylvester Turner, a Houston Democrat who is vice chairman of the House Appropriations Committee. "I don't care how well things have performed in their investment portfolio. Anyone would be hard-pressed to justify those types of bonuses, at this particular time, in this particular state."
Still down for decade
The annual return on the retirement system's investments increased substantially in 2010, the first time since 2008 that it made gains. But it was not enough to make up for losses in the past several years.
The market value of the system's investments dropped from more than $111 billion in 2007 to $87.7 billion in 2008. While billions disappeared, the fund still outperformed its benchmarks because the system lost much less than comparable investors, officials say.
In 2008 and 2009, the two years the fund operated at a loss, managers still earned bonuses of $2.2 million and $4.3 million, respectively. Those payments were deferred until the positive returns of 2010 and are part of the $8.2 million in incentive checks written in January.
The board authorized an additional $1.5 million in 2010 bonuses, which will be paid out if 2011 continues to show a positive return.
Dean Baker, co-director of the Center for Economic and Policy Research, a liberal Washington-based think tank, said it's hard to justify handing out bonuses after just a year of positive returns.
"If you're not punishing them for failing to miss the dip—most people did, being fair—they didn't cause the stock market to rebound," he said. "You had to almost be a moron not to have good returns last year."
Baker suggested such bonuses can encourage state employees to take risks they shouldn't. "If it pays off, they're golden," he said. "If it doesn't pay off, then I don't think they fire people very often."
Ann Fuelberg, executive director of the Employees Retirement System of Texas, which handles pensions for state workers outside of education, said that while the risks aren't the same as in the private sector, her employees have performance standards and metrics that they have to meet.
"And remember, the state has at-will employment, so there is not a contract," she said.
The teacher retirement fund's bonuses are based on benchmarks tied to a mixture of funds, and managers must beat annual and three-year performance expectations.
When board members unanimously approved the bonus payout in December, they noted that teachers haven't received benefit increases. The multimillion-dollar incentive pay "is going to create some probably stinging headlines," member Charlotte Renee Clifton of Snyder said then.
But the best things for retired teachers, she said, "is to ensure we have a rock-solid investment team."
Board member Robert Gauntt of Houston said the bonus money cost each teacher in the program $7—well worth it, he said, because the earned returns for the fund worked out to $1,500 per retiree.
Still, as of the end of last year, the system's investments has fallen short of its own goal of 8 percent returns over 10 years.
Bonuses are paid out of gains from investment income, not what the fund receives from working teachers and from state revenue.
Half-million bonus
Topping the list of retirement system bonuses paid this year was Thomas "Britt" Harris, the agency's chief investment officer, who got $565,792 on top of his $480,000 annual salary. The agency's investment fund director, Chi Chai, added $521,512 to his salary of $300,000.
And 32 other investment fund directors, portfolio managers and traders got six-figure bonuses in January, ranging from just over $100,000 to more than $300,000.
Harris was the only retirement system executive to get a six-figure bonus payment in 2010—$108,000. Harris, whose mother is a retired Texas teacher, waived a $168,000 bonus payment in 2009 after the market tanked.
Tim Lee, executive director of the Texas Retired Teachers Association, said his members are concerned about contracts that allow for such bonuses, particularly since benefits for teachers have been stagnant.
Lee said he respects fund managers and appreciates the work they do, but the incentives leave him and others with a feeling of "almost, maybe disgust."
He noted that the fund is still considered "actuarially unsound," meaning that with its current assets, the fund could pay only 81.2-cents of each dollar owed in benefits over the next 30 years.
Retired teachers cannot get a boost in benefits until the fund is deemed actuarially sound.
"When you look at the performance of the Teacher Retirement System, it's been good," Lee said. "Has it been outstandingly better than anybody else? That would be a stretch."
House Pensions and Investments Committee Chairwoman Vicki Truitt, R-Keller, said the fund is bouncing back quickly and could be sound in the next few years.
She said she is not concerned with the incentives because they have helped produce the strong results of the past year.
"We want the best advice we can get and to ensure the best returns for our investments," Truitt said. "You get what you pay for."
State bonuses
In all, teacher retirement system officials have received almost $9 million of the nearly $13 million in bonuses paid to top state employees from 2007 through early 2011. The News' analysis examined bonuses for executives and those in the five top pay grades.
The only comparable incentive compensation has been in the University of Texas Investment Management Co. That fund awarded $1.15 million to Bruce Zimmerman, its chief executive and chief investment officer, and almost $4 million to other employees late last year.
The UT fund is privately administered and was not included in The News' analysis.
Half of Zimmerman's bonus, and about a third of the employees' bonuses were deferred and tied to performance over the next three years.
The Treasury Safekeeping Trust Co., which manages and invests funds for several state agencies, has handed out more than $1.2 million in bonuses since 2007—most of that in the last two years.
The Texas Education Agency has distributed more than $573,000 in bonuses since 2007, the vast majority in 2010. And bonuses for workers at the Employees Retirement System of Texas totaled just shy of $355,000, with the smallest annual payouts in 2010 and 2011. That fund's assets are about one-fifth the size of the teachers' pension fund.
Executives with the General Land Office got $167,755 in 2009, all listed as one-time merits bonuses. And in 2008, employees of the attorney general received about $203,000 in bonuses.
But of the top 100 bonus payments granted throughout state government since 2007, two-thirds went to Teacher Retirement System employees. The trust company was next, with 21 of the top bonuses.
The Employees Retirement System, the fund for retired state employees, does not pay "incentive compensation" unless there is a positive return on the trust fund and employees have demonstrated that they've actively managed their responsibilities.
"And they have to beat our policy benchmark," Fuelberg said. For example, in fiscal year 2010, she said, the fund had a return of 6.65 percent, but the policy benchmark was 6.8 percent, "so people can't earn incentive compensation."
Fuelberg noted, however, that some organizations pay out bonuses even when they don't see a positive return. "If, say, you had a return of negative 1 percent, but the market went down 3 percent, because of the investment expertise ... you didn't lose more money, and so you're adding value to the fund."
As at the teacher retirement fund, employees are assessed on 1-year performance, but also over a three-year cycle.
"Even though our incentive compensation is relatively small compared to the industry, paying it out over time gives people incentive to remain on the payroll, to remain at the agency," Fuelberg said. "You have to be on the payroll to get it."
Copyright (c) 2011, The Dallas Morning News, Distributed by McClatchy-Tribune Information Services.


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Judge Approves $90 Million Click-Fraud Settlement
by Wendy Davis @wendyndavis, July 28, 2006
A state judge in Arizona has approved a deal that Google struck with search marketers to settle a click-fraud lawsuit for up to $60 million in ad credits and $30 million in attorneys' fees.
In a written ruling signed Wednesday, Judge Joe Griffin found the deal "fair, reasonable and adequate," rebuffing objections of lawyers who represent search marketers in another click-fraud case.
The lawyers who opposed the deal argued that it wouldn't adequately compensate search marketers for their losses due to click fraud, and that many search marketers didn't receive notice of the lawsuit. Griffin overruled those objections, writing that the settlement "will result in substantial savings in time and resources to the court and the litigants and will further the interests of justice."
Google associate general counsel Nicole Wong praised the decision. "We're pleased Judge Griffin has affirmed the settlement as appropriate and fair to advertisers," she said in a statement.
But Atlanta attorney Darren Kaplan, one of the lawyers opposing the deal, said he was "disappointed" in the ruling and intended to appeal. "We intend to exhaust all avenues of appeal," he said. "We'll frankly go all the way up to the United States Supreme Court, if they'll hear us."
Kaplan also represents search marketers who last month reached a settlement with Yahoo in a similar class-action click-fraud case.
Under the Google settlement, search marketers who believe Google charged them for fraudulent clicks dating back to 2002 have until Aug. 4 to seek reimbursement in the form of ad credits.
The deal's opponents last month submitted an affidavit to the court by Greg Hallman, a faculty member at the University of Texas at Austin, concluding that the settlement was structured in a way that would result in marketers receiving ad credits for a small fraction of the amount they overpaid. Google argued in court papers that the proposed $90 million settlement fund was "more than fair and adequate."
The extent of click fraud on search engines and their affiliates remains unknown, but some researchers have pegged the problem has significant. Outsell recently reported that search marketers believe that around 15 percent of all clicks are invalid.
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Boyett: Old City Hall was tough to take down, foreshadowing problems erecting current building
Frank Boyett
The other shoe dropped for the city of Henderson 50 years ago when the state ordered that it either immediately vacate its 1903 City Hall or spend a fortune to make it safe.
Problems with the large building at First and Elm streets had been looming for years. The Gleaner of Dec. 20, 1965, reported that an architect had been hired to design a new city hall. But then the proposal got caught up in a huge controversy when Mayor Maurice Galloway decided it ought to be built in the northeast corner of Central Park.
Public hearings were held but that proposal didn't get public confirmation from the mayor for months. The Gleaner of Feb. 15, 1969, reported the Henderson City Commission had voted 4-1 behind closed doors to approve the park idea.
The Gleaner ran a poll of its readers that came out 4-1 against the park site, but it failed to sway the City Commission, according to stories in the March 2 and March 3, 1969, Gleaner. Opponents began gathering signatures to place the question on the ballot Nov. 4. The park site, and the accompanying funding, were soundly rejected 3-1.
But problems with the old building remained. The Gleaner of June 18, 1970, had a story about City Fire Inspector Burbon Westbrook condemning the building after finding 36 building violations. They included things like an overloaded fuse panel that was almost too hot to touch, exposed wiring, lack of any second-floor exit except for the wooden staircase, and lack of fire extinguishers.
"Building as a whole is in a deleterious condition" and structurally unsound, Westbrook wrote.
More:Boyett: The formal laying out of Henderson will mark its 225th anniversary next year
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An inspection by the state fire marshal in September 1970 confirmed Westbrook's findings. Another state inspection took place March 23, 1971, and found no improvement. A hearing was held in Frankfort April 21, in which additional testimony was heard about the city's lack of progress.
The state fire marshal finally lost patience and issued an order that the building be vacated "immediately," according to The Gleaner of May 5, 1971. The only way to delay that ruling would be to file a lawsuit in Frankfort, which is what the city did after nearly running out the clock.
Meanwhile, City Manager Arthur "Newt" Beauchamp was looking around for temporary quarters for city government. One of them was the Youth Center in Atkinson Park, which is currently The Gathering Place; that idea angered the community's teenagers. Other possibilities were the old Army Reserve building on the grounds of Atlas Tack Co. on Atkinson Street; the mezzanine floor of the Soaper Hotel; and a building on Second Street that housed Belk Department Store before it closed the preceding December. It originally had been built as an annex to the Mann Bros. department store.
The city had earlier been looking to use the old South Central Bell building on Main Street, but Henderson Fiscal Court snatched it up first to convert it into a jail.
The Gleaner of May 7 reported the aftermath of a work session by the City Commission, in which Beauchamp presented the options for temporary quarters. The Youth Center was rejected because it was not laid out right and because it would have stirred up another community uproar. The Soaper Hotel was rejected because of the cost: $1,000 a month. The Belk building would cost $600 monthly, but would require about $14,000 of renovation.
The former Army Reserve building appeared to be favored because of the cost -- $400 a month – although a modular building would have to be installed to house the city's computer operations. That would cost about $25,000 to buy it and make other alterations.
But at the last minute the City Commission decided to move into the former Farmers Bank building at Second and Main streets. City officials toured the building in late May and the clincher was the cost — $250 monthly — and the fact the building contained fireproof vaults, which could protect vital city records.
City officials said at the time they expected the temporary quarters to last two to three years. But before signing the lease on the building, the City Commission took one last look at the 1903 City Hall. Structural engineer John Wilkie of Evansville did that work; he had inspected it after an earthquake damaged it Nov. 9, 1968. His conclusion, as reported in The Gleaner of June 2, 1971, was "the cost of repairing the building would exceed its value."
The Gleaner of June 4 reported the City Commission had given first reading to an ordinance approving the move to the Farmers Bank building and final reading came a week later. The city manager estimated it would take three to four weeks to renovate the building and move the city's furniture and records. The Gleaner of July 13 reported the move took place the previous day.
Ed Siebert & Sons Co. of Evansville had the low bid of $7,654 to raze the old City Hall and work began Sept. 1. But before the wrecking ball could swing into action, City Police Judge L.B. "Gip" Lawton stepped forward to hurl rocks through about 40 of the building's windows. City Codes Administrator Donald Wood joined him and scored about 10 windows.
The Gleaner's Sept. 2 story about the demolition said it was "almost a travesty" the way the work began.
"It wasn't so ready to come down as they thought," dourly remarked one old-timer in the crowd.
"Condemned as unsafe … the old structure felt the first slam of a 3,000-pound wrecking ball at 11:13 a.m. and the ball made a dent in the west wall and rebounded without knocking a brick out of place," the story said. "Eight hits later the ball slammed through the 15-inch brick wall to start the process of razing the building."
The obstinacy of the old building coming down was mirrored by the long, hard struggle to get the new one up. A major point of contention was how to pay for it. Mayor Bill Newman was a little gun-shy after the earlier defeat at the polls. When asked if he would place the matter of a bond issue on the November ballot, he replied:
"I have already been associated with one such proposal and it was defeated at the polls. I want the citizens of this community to make that decision."
Along with arguing about financing the building, the city also had trouble coming to agreement with Henderson Fiscal Court for a land swap. The 1903 City Hall stood at the corner; the current building partially stands on what formerly was county property. Fiscal court didn't approve the swap until 1973.
Groundbreaking took place Sept. 26, 1973, and dedication of the Henderson Municipal Center happened April 26, 1975. It cost roughly $1 million.
The Henderson Police Department made its first arrests on the basis of fingerprint evidence, according to The Gleaner of May 10, 1921.
Ernest Haley and Jim Ed Gray were charged with breaking into M.M. Levy's drugstore on Holloway Street and stealing a quantity of bottled-in-bond whisky in pint bottles.
A fingerprint expert from the Evansville Police Department assisted in the case, although later on R.L. Duke became HPD's fingerprint expert.
The Henderson Fire Department acquired its first boat for river rescues, according to The Gleaner of May 9, 1946.
The rowboat, which could accommodate five men, was custom made for the department by the Green River Boat Co. Up to that point the department had to borrow boats for rescue work or to recover bodies.
A photo in The Gleaner of May 15, 1996, depicted a 1996 Dodge Viper being erected atop a 30-foot post at Larry Bennett's Audubon Chrysler on U.S. 41-North.
In 1970 Bennett had placed the shell of a Corvette in front of Bennett Motors on Diamond Avenue in Evansville. The Viper, on the other hand, is a complete car, except for lacking a battery, fuel tank and motor oil.
Bennett said he planned to keep the $68,000 automobile with seven miles on the odometer up there 10 or 15 years. It remains there still.
Readers of The Gleaner can reach Frank Boyett at YesNews42@yahoo.com or on Twitter at @BoyettFrank.


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