Law & Order Briefs

$2.2M in marijuana seized in western AZ Multiple drug seizures over the weekend by Border Patrol agentsled to the recovery of $2.2 million worth of pot and the arrest ofthree suspected smugglers. Agents working in the western Arizona desert early Saturdayrecovered more than 1,900 pounds of pot worth $961,000. Agents alsoarrested three Mexican nationals suspected …

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NLRB Votes on Workers’ Rights in Group Legal Actions

BY MELANIE TROTTMAN Employers can’t require their employees to sign arbitration agreements that forbid the workers from collectively pursuing legal claims over issues such as pay and hours, the National Labor Relations Board ruled in a decision likely to rile business groups. In a vote taken Tuesday but disclosed late Friday by the agency, the …

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Poll: Majority of Virginians support required ultrasound before abortion

RICHMOND, Va. (WTVR) – Few subjects churn out passion and debate in Virginia’s General Assembly quite as effectively as the topic of abortion rights. Given that backdrop, Virginia could be in for some high theater this session.  Senator Jill Vogel, R-Winchester, calls her legislation, Senate Bill 484, something that’s “not new to most people,” but …

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US Catholic Church Demands Exemption From Obama Contraception Mandate

Contraception is hardly a controversial subject, unless you bring select tenets of certain religions into the equation. As almost all of us surely know by now, President Barack Obama has mandated that most American employers include free birth control services in health insurance packages for their employees. Undoubtedly, this was done as a means of …

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Billionaire Bridge Owner’s Greed Lands Him In Jail

Michigan billionaire Manuel “Matty” Moroun has made a career of stretching the law to its limits (some would call it foot dragging) in order to protect his lucrative interest in Detroit‘s Ambassador Bridge, the most important economic link between the U.S. and Canada. On Thursday, after years of litigation, a frustrated judge decided Moroun had …

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Law & Order BriefsNLRB Votes on Workers’ Rights in Group Legal ActionsPoll: Majority of Virginians support required ultrasound before abortionUS Catholic Church Demands Exemption From Obama Contraception MandateBillionaire Bridge Owner’s Greed Lands Him In Jail

Jan
28

Law & Order Briefs

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1327759277 95 Law & Order Briefs

$2.2M in marijuana seized in western AZ

Multiple drug seizures over the weekend by Border Patrol agentsled to the recovery of $2.2 million worth of pot and the arrest ofthree suspected smugglers.

Agents working in the western Arizona desert early Saturdayrecovered more than 1,900 pounds of pot worth $961,000. Agents alsoarrested three Mexican nationals suspected of smugglingnarcotics.

On Sunday night, Casa Grande agents seized 16 backpack bundlesof marijuana weighing more than 800 pounds with an estimated worthof $436,000.

Early Monday, Ajo agents seized a total of 1,600 pounds ofmarijuana. A Jeep Grand Cherokee was found abandoned with 86bundles of pot weighing 1,093 pounds. They’re worth an estimated$546,500. Another 524 pounds of pot, worth about $262,000, wasdumped by smugglers and recovered.

$500K stashed in car seized at Nogales port

Federal officers in Nogales recovered more than $500,000 inundeclared money hidden in a BMW that an Arizona man was allegedlytrying to drive into Mexico.

U.S. Customs and Border Protection officers conducting outboundinspections at the Dennis DeConcini Port of Entry on Fridayselected the 58-year-old Phoenix man for additional inspection.Agents placed the man’s car on a vehicle lift and discovered acompartment containing 21 packages of undeclared U.S. currency, theNogales International reported. The funds were confiscated and theman was arrested.

The Associated Press

Man given 10.5 years in deadly shooting

A 30-year-old Tucson man who confessed to shooting a man 19months after the slaying was sentenced Monday to 10 1/2 years inprison, said Deputy Pima County Attorney Casey McGinley.

On Nov. 6, 2004, two men found Paul Bolebruch suffering from agunshot wound to the head in the yard of his body shop andresidence on North Stone Avenue. He died three days later.

Nineteen months later, Robert Lee Toombs called 911 andconfessed to the slaying.

Toombs has suffered from mental issues since he climbed a powerpole, was shocked and fell at the age of 14, court documentsindicate. He also suffered a head injury that put him into a comafor two weeks at the age of 25.

He has schizophrenia and has spent time in variousrestoration-to-competency programs.

Toombs pleaded guilty to manslaughter in October and wassentenced Monday by Pima County Superior Court Judge JaneEikleberry.

Kim Smith

Man, 41, arrested in deadly collision

A man who suffered serious injuries in a head-on collision onJan. 15 was arrested upon release from the hospital Friday, policesaid.

Daniel Douriet, 41, was booked into the Pima County jail onsuspicion of second-degree murder, aggravated assault, criminaldamage and unlawful possession of narcotic drugs, said Sgt. MattRonstadt, a Tucson Police Department spokesman.

Elizabeth G. Acuña, 48, a passenger in Douriet’s car, died inthe crash, on East Benson Highway and South Kino Gateway, near EastIrvington Road.

Investigators determined Douriet lost control of his 2008 DodgeCharger while northbound on Benson Highway, hitting a road sign, alight pole and a wire fence.

He then veered back onto the road and into oncoming traffic,slamming into a 2007 Nissan Altima.

A 26-year-old woman who was driving the Altima suffered seriousinjuries.

Jamar Younger

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Jan
28

NLRB Votes on Workers’ Rights in Group Legal Actions

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1327758107 39 NLRB Votes on Workers Rights in Group Legal ActionsBY MELANIE TROTTMAN

Employers can’t require their employees to sign arbitration agreements that forbid the workers from collectively pursuing legal claims over issues such as pay and hours, the National Labor Relations Board ruled in a decision likely to rile business groups.

In a vote taken Tuesday but disclosed late Friday by the agency, the board decided employers that require such agreements as a term of employment are breaking federal labor law. The decision, which was backed by the board’s two Democrats, was among the final votes the three-member board took before Democrat Craig Becker’s term expired. …

BY MELANIE TROTTMAN

Employers can’t require their employees to sign arbitration agreements that forbid the workers from collectively pursuing legal claims over issues such as pay and hours, the National Labor Relations Board ruled in a decision likely to rile business groups.

In a vote taken Tuesday but disclosed late Friday by the agency, the board decided employers that require such agreements as a term of employment are breaking federal labor law. The decision, which was backed by the board’s two Democrats, was among the final votes the three-member board took before Democrat Craig Becker’s term expired. …

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Jan
28

Poll: Majority of Virginians support required ultrasound before abortion

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1327756899 25 Poll: Majority of Virginians support required ultrasound before abortion

RICHMOND, Va. (WTVR) – Few subjects churn out passion and debate in Virginia’s General Assembly quite as effectively as the topic of abortion rights.

Given that backdrop, Virginia could be in for some high theater this session. 

Senator Jill Vogel, R-Winchester, calls her legislation, Senate Bill 484, something that’s “not new to most people,” but a measure that could gain some momentum this year.

As part of the state’s informed consent law, Vogel would like to require all women seeking an abortion to have an ultrasound, with the option of reviewing the images after the test.

“It’s one thing to have information available, but if you have technology there and it’s part of your clinical visit, it would seem that you would want to have the opportunity- or at least the right- to have the information about the ultrasound,” said Vogel.

She pointed to the approximately 20 states across the country that have passed similar legislation, and continued, “I find it interesting that the majority of people actually believe that it’s fair and that it’s a good law.”

Vogel is referring to a recent Mason-Dixon poll, commissioned by the conservative group, Family Foundation of Virginia, that found the majority of Virginians do support a required ultrasound.

According to the study, 54 percent of people back the law, 28 percent oppose it and 18 percent are undecided.

Interestingly, more women back the idea than men, with 57 percent of women lending their support compared to 50 percent of men.

“There are so many different polls that are done by so many different people, and I don’t think [the poll's] margin was that large,” said Jessica Honke, the director of public policy for Planned Parenthood of Virginia. 

Honke told CBS 6 she’d like to know a lot more details about the poll- such as how the question was phrased and how many people were interviewed- before she draws any conclusions about its validity.

As for Vogel’s bill, SB 484, Honke called it a blatant “interference” between the doctor-patient relationship.

“A woman has already made the difficult decision to terminate the pregnancy, and so to offer her [an ultrasound] that she may or may not want to view, we believe is an interference with her personal, private decision,” said Honke.

We asked Chris Freund with the Family Foundation Wednesday whether or not bills passed in other states have had any impact on abortion rates.

“Most of the legislation is brand new,” said Freund, “and has only been on the books for a few years, so I’m not aware of any data showing a major impact.”

Freund did note, however, that “statistically” fewer women choose to have an abortion after viewing an ultrasound.

Both Vogel and Freund contend that the bill makes sense since most women are receiving ultrasounds at abortion providers anyway, with no real added costs.

Vogel told CBS 6 that an evaluation from the state determined “there are no fiscal impacts” associated with her bill.

Honke says Planned Parenthood of Virginia does perform an ultrasound as part of its abortion services, but she cannot speak for other providers.

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Jan
28

US Catholic Church Demands Exemption From Obama Contraception Mandate

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1327755672 24 US Catholic Church Demands Exemption From Obama Contraception Mandate

Contraception is hardly a controversial subject, unless you bring select tenets of certain religions into the equation.

As almost all of us surely know by now, President Barack Obama has mandated that most American employers include free birth control services in health insurance packages for their employees. Undoubtedly, this was done as a means of reaching out to the pro-reproductive rights community, which has been less than flattered with the president’s record as of late.

While the lion’s share of public and private sector entities impacted by Obama’s mandate seem fine with its impositions, there are a few notable exceptions, and they are speaking up loudly. Chief amongst these is the Roman Catholic Church. In addition to being our country’s single largest organized religion, it runs a multitude of hospitals and educational institutions from coast to coast. According to recent polling data, virtually all Catholics use contraception themselves, but church teaching nonetheless forbids it for purely theological reasons.

Now the Church hierarchy wants the federal government to make a special exception for Catholic institutions; to shield them from the same standards that apply to everyone else. There are a few other religions pursuing similar courses of action, but the Catholic Church is by far the most aggressive and influential. The president has not yet budged in face of this criticism, which grows increasingly severe by the day. I personally hope that he opts against creating exclusive privileges for select groups simply because they have the ability to utilize a unique bully pulpit.

No sane man or woman can argue that the religious twist to this quagmire should be ignored. For fundamentalist Catholics, using birth control is a terrible sin of sorts, and no one has the right to force them to do something against their own will. However, this is the beautiful thing about life in a free country; as a consumer, you can pick and choose what you want and do not want. If hardline Catholics, or members of any other religious denomination for that matter, do not like contraceptives, then they should avoid them. Case closed.

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Jan
28

Billionaire Bridge Owner’s Greed Lands Him In Jail

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1327754468 15 Billionaire Bridge Owners Greed Lands Him In Jail

Michigan billionaire Manuel “Matty” Moroun has made a career of stretching the law to its limits (some would call it foot dragging) in order to protect his lucrative interest in Detroit‘s Ambassador Bridge, the most important economic link between the U.S. and Canada.

On Thursday, after years of litigation, a frustrated judge decided Moroun had obstructed the law once too often, and threw him in jail for contempt.

Judge Prentis Edwards ordered Moroun, 84, to be held in the Wayne County jail, along with his right hand man, Dan Stamper, president of the Detroit International Bridge Co., until they comply with his order to finish building ramps that connect the bridge to nearby expressways. The bridge company agreed to the plan under a 2004 contract with the Michigan Department of Transportation to ease border crossings.

The state held up its end of the $230 million joint Gateway project by upgrading the I-75 and I-96 expressways. But instead of building the necessary access ramps,  the bridge company built a roadway that directs traffic past its own lucrative duty-free store and fuel pumps, and onto local roads in southwest Detroit.

After his father was jailed, Moroun’s son, Matthew, released a statement condemning the action, saying the legal process had become “a personal vendetta by the judge” against his father and Stamper.

Matty Moroun probably won’t stay in jail for long. Stamper was jailed a year ago on the same charge, and the bridge company’s lawyers managed to get him out the same day. But the courtroom shocker — tossing an 84-year-old billionaire  into the slammer — could have profound implications on Moroun’s long-running battle with authorities in the U.S. and Canada over construction of a second border crossing.

As an editorial in today’s Detroit Free Press points out, Moroun’s refusal to finish construction work he agreed to exposes the fact that he cares more about protecting his  monopoly than doing what’s right for the public interest.

Moroun and associates are known for buying political influence. Last year, the Free Press reported that Moroun and his donor network gave almost $1.5 million to state and congressional candidates in the 2009-10 election cycle.

I suspect that Michigan Gov. Rick Snyder’s plan for a publicly owned bridge that would compete with the Ambassador — shot down in the state Legislature — might get a fresh airing.

Stay tuned. This one’s getting very interesting.

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Jan
28

Financial steps Washington divorcees may need to take

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1327753275 35 Financial steps Washington divorcees may need to take

As tax season rears its head, Spokane residents may be scrambling to get their paperwork in order. Those who have recently divorced in Washington state–and those who are in the process of divorce–likely have a few extra financial tasks on their checklist.

A recent national column included a list of financial paperwork that is important for spouses to address before and after divorce. While it is, of course, very important for individuals to consult with their family law attorneys and or their accountant about these matters, here is a general list of tasks that may get you started.

1. Credit: It is important that each partner has some accounts open in his or her name only. These can be checking, charge and savings accounts. Whether you are engaged to be married, married, going through a divorce or divorced, this is important.

2. Joint debt: For many, this includes a mortgage. It is important to talk with your divorce attorney about how to move forward with joint debt after splitting up.

3. Divorce agreement: Many people rush through their divorce agreement because they just want to get it over with, but these are important and long-lasting legal documents that should be taken seriously. Work with a professional family law attorney to come up with the divorce agreement, and make sure to read the agreement, and have a trusted confidant read it too, before you sign it.

4. Power of attorney: Chances are, your ex is listed as your power of attorney. File for a new one right away.

5. Will: This is also something that you should do soon after getting divorced. Many of your selections may have changed since you wrote a will with your spouse.

6. Passwords: Change passwords for your computer programs, and anything else that you have password-protected.

7. Taxes: Talk with an accountant and potentially your family law attorney about whether you should file a joint tax return this year.

8. Financial details: Make sure you understand your financial responsibilities and those of your ex as they relate to the divorce. Who will pay your children’s college tuition? Is there a time limit to alimony? Are you entitled to your ex’s IRA or pension? Your family law attorney should help to make sure you clearly understand all of the details.

Source: Huffington Post, “How to Handle Important Paperwork Before And After Divorce,” Ann Blumenthal Jacobs, Patricia Ryan Lampl and Tish Rabe, Jan. 25, 2012

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Jan
28

The big get in Florida _ Rubio _ isn’t giving

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1327752072 72 The big get in Florida Rubio isnt giving

MIAMI –  He’s young, telegenic and charismatic. He’s Hispanic, Catholic and the son of Cuban immigrants. He’s a tea party favorite, a GOP star and, many say, the future of the Republican Party.

Sen. Marco Rubio’s endorsement would be a big get for any of the presidential contenders ahead of the Jan. 31 Florida primary — if only he were the giving kind.

The freshman senator, who has ties to GOP presidential front-runners Mitt Romney and Newt Gingrich, has pledged to stay neutral as Republicans pick a challenger to President Barack Obama. But Rubio’s refusal to pick sides hasn’t squelched intense speculation about whether Rubio might make a surprise endorsement — and whether he’ll end up as the vice presidential nominee.

Rubio publicly insists that he’s not interested in either, saying recently that many of those running have been helpful to him and that he’s not inclined to endorse anyone in the primary. On Monday, while he was racing to the Senate for a vote, he gave two answers to the endorsement question: a subtle “no” followed by a more emphatic “no.”

Aides to Romney and Gingrich say neither candidate has asked Rubio for his endorsement out of respect for the senator’s decision to stay out of the race. Even so, their backers are privately hoping Rubio changes his mind, given how wide open the race is only a week before Florida’s Republicans weigh in on what has been a volatile nomination fight.

Rubio, 40, is one of Florida’s most popular leaders, particularly among Republicans. A Quinnipiac University poll released Jan. 10 found that nearly 80 percent of Republicans and nearly half of independents approved of the job he is doing. Only a quarter of Democrats liked his job performance.

A native of Miami, the former state legislator was the youngest person and first Hispanic to become speaker of the Florida House in 2007. He vaulted onto the national stage in 2010 when he latched onto the fledging tea party movement to challenge then-Gov. Charlie Crist, a centrist and the GOP establishment’s choice, in the Republican primary for an open Senate seat. Rubio’s stock rose quickly, forcing Crist to flee the GOP and run as an independent. In the end, Rubio was the GOP nominee and he went on to win in the general election.

Rubio has connections to both front-runners.

He and Gingrich have known each other for years. The freshman senator brought a photo of the former House speaker to his Washington office. And Gingrich wrote the forward to Rubio’s book, “100 Innovative Ideas for Florida’s Future.” Rubio wrote it before taking office as Florida House speaker. Gingrich has called the book “a work of genius.”

Rubio’s personal friend and political ally, fellow Cuban-American U.S. Rep. David Rivera, is backing Gingrich. Rubio’s former Senate campaign chief Jose Mallea is running Gingrich’s Florida campaign. Rubio and Gingrich both will address the Hispanic Leadership Network’s conference in Miami on Friday.

Romney, for his part, endorsed Rubio over Crist in the 2010 GOP Senate primary, calling him “an American hero” and adding: “He represents what is good and so great about this land of ours.”

Nearly half a dozen Rubio staffers worked for the former Massachusetts governor’s 2008 presidential campaign, including the senator’s chief of staff.

Both Romney and Gingrich have called Rubio an obvious choice for a vice-presidential short-list.

“He checks a lot of boxes. He comes from Florida, and he provides balance,” said former Florida Sen. Mel Martinez, a Romney backer. “I can’t conceive of anyone who in a list of five or six wouldn’t have Rubio there.”

Bill McCollum, co-chair of Gingrich’s Florida campaign, said Rubio would be among Gingrich’s top picks for vice president “if and when the time occurs.”

It’s not just that he’s from Florida, a critical general-election swing state, that has Republicans speculating about his political future.

His potential appeal to Hispanic independents could be a huge draw for the eventual GOP nominee. Rubio is immensely popular among Cuban exiles, one the GOP’s most reliable and influential voting blocs in this state. And his popularity with the tea party could help inject the ticket with a dose of excitement, and help ensure these activists turn out in November to support the nominee.

“He comes across as genuine and that’s why people like him,” said Jennifer Korn, executive director of the center-right Hispanic Leadership Network.

Indeed, Rubio, who teaches political science at Florida International University in his spare time, is a natural on the campaign trail, equally comfortable giving passionate speeches about his parents’ sacrifices as he is discussing how to restructure Social Security. He also has a captivating life story that he holds up as an example of the American Dream.

Then there’s Rubio’s strong record as a conservative.

He gave a wildly lauded speech on behalf of a free market and compassionate conservatism last summer at the Ronald Reagan Library in California. He opposed Obama’s nomination of Supreme Court Justice Sonia Sotomayor, a Puerto Rican-American and the first Hispanic to be named to the court. He recently blocked another Puerto Rican-American’s nomination for ambassador to El Salvador. While conservatives generally applaud both moves, they’re not likely to play well with central Florida’s fast-growing Puerto Rican community, a major swing vote in the state.

Meanwhile, his support among Hispanics is hardly rock solid nationwide. Rubio got into a public spat with Univision over how the No. 1 Spanish-language network handled a story detailing a decades-old drug conviction of Rubio’s brother-in-law. He was forced to backpedal last year when it was revealed that his parents did not flee Fidel Castro’s communist government as he had claimed. They were economic immigrants who arrived in the U.S. several years before the Cuban Revolution — though they quickly came to oppose Castro and identify with the exile community.

Rubio also opposes comprehensive immigration reform and supports Arizona’s tough new law targeting illegal immigration, putting him in stark contrast with the vast majority of the country’s Latino voters.

Even though he’s not endorsing in the presidential race, Rubio is having at least some effect on it.

Mindful of angering Rubio, nearly all of the GOP candidates declined to participate in a proposed Univision presidential debate last year. This week, Gingrich, Romney and Santorum agreed to participate in a “Meet the Candidates” forum co-hosted by the network.

Mallea said Gingrich agreed to participate only after getting Rubio’s OK.

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Jan
28

Types of Employment Contracts – Fixed Term vs. Indefinite Duration

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1327750870 90 Types of Employment Contracts – Fixed Term vs. Indefinite Duration

The distinction between fixed-term employment contracts and contracts of indefinite duration is an important one due to the great difference in the potential damage awards that are available to the employee in the event of possible litigation.

What’s the Difference?

In contracts of an indefinite duration, employment is one of continuous service and intended to last for an indefinite period of time, with no specified or foreseeable end to the relationship. This type of contract is accompanied by a number of rights and obligations, most notably the right to reasonable notice upon termination.

In fixed-term contracts, the employment relationship is intended to last for only a specific and definite length of time or until a specific project is completed. Once the term or project is finished, the fixed-term employment relationship ends.  Such employees are often referred to as being in a “contract” position.

Where there is a validly constituted fixed-term contract, an employer is not required to provide the employee with reasonable notice since the employment relationship naturally comes to an anticipated end at either a specified time or upon the completion of a specified project.

Terminology is Not the Determining Factor

The type of contract that the employment relationship falls under is not determined solely by the terminology used in the contract itself. The overall character of the employment is the determining factor for whether a contract is considered fixed-term or one of indefinite duration.

For example, a person may be subject to a series of fixed-term contract over several years, but the overall character of the employment suggests that the person is actually an employee of indefinite duration. In such cases, courts may set aside the fixed-term contract and view it instead as one of indefinite duration, which is accompanied by associated entitlements and obligations, such as reasonable notice of termination.

Engaging the services of an employment lawyer in advance of drafting or accepting an employment contract can help ensure that employers and employees receive their full entitlements and meet their legal employment obligations.

For related case studies and more information, search our blog.

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Jan
28

Nelson Mullins Riley & Scarborough

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1327749666 68 Nelson Mullins Riley & Scarborough

Georgia’s Nurses Association celebrated their Legislative Day at the Capitol.

Legislative Day 9 at the Capitol was most noticeably dominated by the presence of hundreds of people dressed in white coats swarming the hallways.  This “sea” of white at the Capitol today was made up of nursing students from across Georgia, who descended on the people’s house to articulate their concerns regarding healthcare and their profession.  These nursing folks essentially locked down the halls, limiting access for folks to move freely about the Capitol as it was Georgia Nurses Association Day at the Capitol.  There was also a rally on the front steps of the Capitol in support of securing rights for seniors in Georgia.  Rep. Sharon Cooper (R-Marietta) and Sen. Johnny Grant (R-Milledgeville) both spoke on behalf of the seniors’ cause.

Legislative News

After hearing several words from the Chaplain of the Day, Speaker of the House David Ralston (R-Blue Ridge) got down to business by putting the local calendar up for a vote.  It passed unanimously 150 to zero.  Rep. Al Williams (D-Midway) took the Well and acknowledged a voter registration activist named Jenny Adams who had recently passed away in his district; others from Savannah joined Rep. Williams in this tribute.  Both Reps. Ralph Long (D-Atlanta) and Rashad Taylor (D-Atlanta) asked House members to observe a moment of silence in respect for Atlanta Police Department Officer Gail Thomas who was killed on Tuesday night on I-75 by an alleged drunk driver.  After a series of privileged Resolutions were read, a motion was made to move HR 1163 from the Governmental Affairs Committee to the Information and Audits Committee.  Without objection, the motion passed.  Rep. Bob Bryant (D-Garden City) and other members of the Savannah-Chatham County delegation announced that today was Savannah-Chatham County Day at the Capitol.  The Speaker announced upcoming birthdays for Rep. Darlene Taylor (R-Thomasville), Rep. Virgil Fludd (D-Tyrone), and Rep. Jan Jones (R-Milton); all will be celebrating birthdays this weekend.

Tomorrow, the General Assembly will be in adjournment and will not return to the Capitol until Monday at 10:00 a.m.

The Senate session began just after 9:00 a.m. on Thursday morning and those Senators in attendance announced their presence during the morning roll call.  A handful of Senators were excused by their colleagues.  After a pledge to both the U.S. and Georgia flags, the Senators listened to a morning devotional from the Chaplain of the Day.  Nurses in attendance were formally recognized and applauded for their service throughout Georgia.  It was also announced that the annual Savannah-Chatham County dinner would be taking place tonight at the Depot. 

New Legislation

HB 805 – Rep. Doug Collins (R-Gainesville) introduced changes to Title 47, making conforming amendments and reference corrections relative to the abolition of the State Personnel Administration.  Certain of these functions would transfer to the Department of Administrative Services.  There are additional changes included regarding the Employees’ Retirement System of Georgia and Teachers Retirement System of Georgia. There is no fiscal impact associated with these changes. legis.ga.gov/legislation/en-US/Display/20112012/HB/805

HB 806 – Rep. Jay Roberts (R-Ocilla) proposed this initiative addressing the powers and duties of the Department of Transportation and amending O.C.G.A. § 32-2-2 to provide for the mandatory appropriation of motor fuel tax funds that carry forward from on fiscal year to the next when that money in the appropriation has not been fully spent or contractually obligated.  legis.ga.gov/legislation/en-US/Display/20112012/HB/806

HB 807 – Rep. Rashad Taylor (D-Atlanta) authored this B ill to enact the “Dropout Deterrent Act” in O.C.G.A. § 20-2-690.1(a). It would require that mandatory attendance in public school, private school or home schooled programs be required of children between their sixth and seventeenth birthdays.  legis.ga.gov/legislation/en-US/Display/20112012/HB/807

HB 808 – Rep. John Yates (R-Griffin) offered this Bill amending O.C.G.A. § 48-7-27(a) by proposing to add a new paragraph (12.1).  It would provide for an exclusion applicable to certain income of disabled veterans (those who are at least 90 percent totally and permanently disabled) who are citizens and residents of Georgia.  If passed, this exemption would be applicable to tax years beginning on or after January 1, 2013.  legis.ga.gov/legislation/en-US/Display/20112012/HB/808

HB 809 – Rep. Allen Peake (R-Macon) brought forth this piece of legislation which would amend Chapter 2 of Title 20 by creating the High School Athletics Overview Committee.  legis.ga.gov/Legislation/en-US/display/20112012/HB/809

HB 810 – Rep. Glenn Baker (D-Jonesboro) submitted this Bill, which would amend Chapter 60 of Title 36 by modifying the requirements related to verification of lawful residency by applicants of business licenses and private employers.  legis.ga.gov/Legislation/en-US/display/20112012/HB/810

HB 811 – Rep. Jay Powell (R-Camilla) offered this initiative which would establish automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes in Title 45.  legis.ga.gov/Legislation/en-US/display/20112012/HB/811

HB 814 – Rep. Alex Atwood (R-Brunswick) introduced this Bill to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds.  This Bill would amend Article 3 of Chapter 8 of Title 48.  legis.ga.gov/Legislation/en-US/display/20112012/HB/814

SB 345 – Sen. John Albers (R-Roswell) authored this Bill concerning Titles 34, 38, 45 and 50 to eliminate the licensing of non-governmental rescue organizations, groups, teams, search and rescue dog teams, and individuals by the director of the Georgia Emergency Management Agency.  It also adds a specific definition at O.C.G.A. § 45-9-81(3) for the term, “emergency management professional” relating to definitions applicable to the Georgia State Indemnification Fund.  legis.ga.gov/legislation/en-US/Display/20112012/SB/345

SB 346 – Sen. Don Balfour (R-Snellville) offered this amendment to O.C.G.A. § 26-4-60 concerning the grounds for the suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy.  It specifically strips out current permission in the law granted to specialty pharmacies and group model health maintenance organizations to mail prescription drugs within the State.  In this Bill, it attempts to permit pharmacies in Georgia to mail to other pharmacies within the State prescription drugs or otherwise use common carriers to deliver prescription medications (currently such practice is prohibited).  There are additional requirements made concerning written consents, limitations on which drugs may be mailed, and how drugs are mailed (for instance in accordance to standards of the manufacturer, United States Pharmacopeia, etc.).  legis.ga.gov/legislation/en-US/Display/20112012/SB/346

SB 348 – Sen. Emanuel Jones (D-Decatur) authored this legislation amending O.C.G.A. § 9-11-4 in the Civil Practice Act.  It changes provisions concerning personal service of a summons on a corporation to permit such service on an officer of the corporation or registered agent thereof – it would eliminate such service on the president of the corporation, secretary, cashier, managing agent or “other” agent as permitted under current law. 

legis.ga.gov/legislation/en-US/Display/20112012/SB/348

HR 1165 – Rep. Craig Gordon (D-Savannah) proposed this Resolution to urge the Governor and Lieutenant Governor to base a Georgia Film Commission in Savannah-Chatham, Georgia.  legis.ga.gov/Legislation/en-US/display/20112012/HR/1165

HR 1176 – Rep. Rusty Kidd (I-Milledgeville) proposed this Resolution to create the House Department of Behavioral Health and Developmental Disabilities Oversight Committee.  This Committee would be comprised of five members from the Georgia House of Representatives.  legis.ga.gov/legislation/en-US/Display/20112012/HR/1176

SR 738 – Sen. Fran Millar (R-Atlanta) authored this initiative to propose an amendment to the Constitution so as to provide that the sales and use tax for educational purposes would only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county.  legis.ga.gov/Legislation/en-US/display/20112012/SR/738

SR 739 – Sen. Emmanuel Jones (D-Decatur) submitted this Resolution to propose an amendment to the Constitution so as to authorize the General Assembly to provide a fixed sum for funding the Georgia Ethics Commission.  legis.ga.gov/Legislation/en-US/display/20112012/SR/739

Committee News

Joint Education Committee

The House Education Committee and the Senate Education and Youth Committee held a joint meeting on Thursday afternoon to hear from the President of Georgia Partnership for Excellence in Education, Dr. Stephen Dolinger.  He discussed “the Top Ten Educational Issues for 2012” in the State of Georgia and fielded questions from Committee members.  According to Dr. Dolinger, education priorities include raising performance levels in rural Georgia, providing more school choice, hiring quality teachers, and finding the funding for the continuation of the Pre-K program.  Rep. Kathy Ashe (D-Atlanta) asked a question about the future of Pre-K funding relative to Governor’s proposals this year.  Sen. Donzella James (D-College Park) inquired about the career path initiative that has been started for 9th graders.  Chairman Fran Millar (R-Atlanta) at this point inserted some comments about the goal of trying to get kids to start thinking about career goals before they have a chance to drop out.  Sen. John Albers (R-Roswell) asked a question about what the current funding is per student in the State.  Dr. Dolinger said he would have to get back to him with those numbers. 

Senate Education and Youth Committee

Immediately following the Joint Education Committee, the Senate Education and Youth Committee members held their own meeting.  Chairman Fran Millar (R-Atlanta) welcomed new Senators Miriam Paris (D-Macon), John Wilkinson (R-Toccoa), and Mike Crane (R-Newnan) to the Committee.  He then assigned several Bills to Subcommittees.  Chairman Millar also asked Committee members to quickly pass several Bills again that had come through Committee last session.  With a motion from Sen. John Albers (R-Roswell) and a second from Sen. William Ligon (R-Waverly), the following Bills move on to Rules: 

HB 39, which relates to compulsory attendance for students in elementary and secondary education, proposes to provide that declarations of intent and attendance records for home study programs would be submitted to the Department of Education rather than local school superintendents.  The Bill also proposes that notice by local school systems to parents relating to unexcused absences be made by United States mail.

HB 130, which deals with the Career and Technical Education Advisory Commission, proposes to alter provisions relating to commission meetings.

HB 173 amends O.C.G.A. § 20-2-982.1, and specifically the “Georgia Professional Standards Act.” It outlines a new definition for “expungement,” which will mean “the records are destroyed pursuant to subsection (e) of Code Section 20-2-984.5 in accordance with an established records retention schedule.”

HB 181, which amends the current law on special needs scholarships, also cleared.  It provides for additional notification about the program; addresses a waiver of one of the scholarship requirements under certain conditions; and addresses application guidelines for these scholarships and payments to parents. 

House Education Committee

After the Senate Education and Youth Committee meeting was finished, Chairman Brooks Coleman (R-Duluth) presided over the House Education Committee meeting on Thursday afternoon.  Rep. Jan Jones (R-Milton) presented HR 1162 which has become a very controversial piece of legislation.  HR 1162 proposes an amendment to the Constitution of Georgia which would clarify the authority of the State to establish state-wide education policy.  It would further restate the authority of the General Assembly to create special schools and delineate types of schools that the General Assembly may authorize and clarify funding authority.  Rep. Jones explained in simpler terms that passage of the Resolution would set the stage for an alternate authorizer to make it easier for charter schools to be established.  She said that enabling legislation would be coming soon.  Many people in the audience wanted an opportunity to speak about the Resolution.  A retired school teacher voiced concern about private schools siphoning off public school funds.  Tony Roberts of the Georgia Charter Schools Association talked about the difficult process for gaining authorization to start charter schools.  Rep. Ed Setzler (R-Acworth) made a comment about how having charter schools in Georgia was part of the reason the Obama administration decided to give Georgia some education funding.  A representative from the Georgia Chamber of Commerce spoke in support of HR 1162.  She was followed by a representative of the Professional Association of Georgia Educators who was against HR 1162 due to an aspect of the funding.  Rep. Edward Lindsey (R-Atlanta) made some closing comments about the bipartisan support for the Bill and the need to pass the Resolution so that Georgia’s children would have access to more educational opportunities.

If you have any questions concerning this Report, please contact Stanley S. Jones, Jr., Helen Sloat or Taylor Janney.

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Jan
28

Mmegi Online :: Today’s workspace

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1327748489 25 Mmegi Online :: Todays workspaceToday’s workspace

Joseph Masango

Was it constructive dismissal,or simply a resignation?

  Article Tools  Comments E-mail a friendPrint A certain joint Management/Employee representatives body set up to focus on improving productivity is concerned that expressed by means of a pie-chart and compared to comparable organizations, the company’s ratio of man-hours which management, employees and employee representatives spend attending to ‘grievances, disciplinary action and disputes’ versus the time they spend on ‘actual production challenges and their solutions’ is not good.

The joint body did not raise the possibility of one causing the other.  Both parties agree that the said ratio can be significantly reduced. A survey done shows that one cause of this state of affairs was line management taking long to resolve grievances due to ‘many management offices’ which are involved in grievance resolution, and not exploring alternative and innovative ways to reduce escalation of grievances.  The other cause was traced to employees often raising grievances even where not warranted, hence increasing the workload. 

Yet another cause was traced to employee representatives who supported an employee even where the employee was clearly in the wrong, and hardly checked the facts before raising issues.  Another cause was the clumsy, lengthy and repetitive grievance and disciplinary processes  in place.

The last cause was traced to the joint body itself, in that it lacked a working knowledge of fundamental aspects of modern labour law and labour relations, members from both sides personalized issues, and were generally sold to a culture of blaming others, thereby turning almost every meeting into a largely unproductive battlefield.  

The joint body wants the business agenda for 2012 to include workforce education.  One challenge they single out as having been bothersome is last year’s trend of resignations and possible cases of constructive dismissal. While they ask our views on certain specific matters relating to the foregoing, they also seek our understanding of a constructive dismissal.  This is what I will discuss below.By constructive dismissal I mean termination of the contract of employment by the employee because the employer has made continued employment intolerable for the employee.  This happens by means of the employee, having no reasonable option other than to resign or leave employment in some other manner.  As recently put by Judge Cameron of the South African Supreme Court of Appeal, the employer remains responsible for the consequences of the employee’s departure.  

Constructive dismissal has its roots in English law.  It was accepted to form part of the law in Botswana under the Roman-Dutch common law.  As has happened in several countries, it is now provided for in Botswana through an Act of Parliament, although not referred to explicitly as constructive dismissal. 

Some junior as well as senior employees regard it as amounting to constructive dismissal if their senior unfairly annoys them in one way or another, and for that reason, they resign from employment. 

I must caution that it is not that simple, as its requirements are quite onerous.  Professor Maria-Stella Vettori (2011) observes that it is actually possible in certain situations as shown in South African law, for a court to find unlawful conduct, although amounting to a constructive dismissal, as being fair. 

Also, as stated by the High Court of Botswana not so long ago, where the employee’s claim for constructive dismissal collapses, the employee could end up being the one to be ordered to pay damages to the employer should the employer have raised a counter-claim for damages based on the employee having resigned without serving the required notice period, and successfully argues its case.  One must therefore do one’s homework before one rushes to resign and claim a constructive dismissal.

What follows is a set of guidelines, based on various sources, which show the make-up of a proper case of constructive dismissal:  that the employee ended the employment relationship following the employer’s improper conduct;  that further association with the employer in an employment relationship was intolerable; that the said conduct left the employee with no reasonable alternative but to resign or leave in some other manner – a proper cause-and-effect outcome, per Grogan (2007); that s/he promptly reported the unintended resignation at the appropriate level – inaction or delayed action may, per le Roux (2010), constitute a waiver from arguing that s/he had not resigned; and that s/he genuinely believed that the employer’s decision to act and continue to act in this unbearable manner was settled and final.  

Once the employee proves a case of constructive dismissal, and prove he must, the duty shifts to the employer to show that the constructive dismissal was fair, substantively and procedurally.  The court should look at the conduct of the employer holistically, given that a trend analysis of the conduct can help reveal whether it is indeed a constructive dismissal or a mere resignation. 

I must however state that the facts in each particular case are indispensible for purposes of making answer as to whether, properly assessed, one’s is a constructive dismissal or a mere resignation. 

Hence a discussion with one’s attorney or consultant should lead to an accurate assessment of one’s situation, and a formation of a proper way forward.   In my observation, claims of constructive dismissal come more from senior rather than junior employees.  A common trigger is an employee’s conclusion that the employer has unfairly stripped her/him of key responsibilities, or refuses to give her/him work when such work is available, or has unilaterally varied contractual provisions. 

Sadly, one employer admitted that this is how he treats any incompetent manager.  Another fairly common trigger is an employee’s conclusion that the employer has materially and unreasonably deviated from the job description provisions (where in use).  Some courts have shown that they expect a higher standard of tolerance where the aggrieved is a senior member of staff when they (the courts) consider whether the employee’s resignation amounted to a constructive dismissal or simply a resignation. 

I am persuaded this is the right approach, as there ought to be an expectation, particularly from senior staff, of higher levels of tolerance and endurance, much more developed coping skills within changing organizational dynamics, and a much more superior capability to understand human behavior, including organizational politics.Some courts have also, and rightly so again in my view, frowned upon employees who, without a valid reason, prematurely externalize issues to third parties before giving their management the opportunity to address same.  That said, the pursuit of internal avenues must be alive to existing country legislative provisions that regulate the externalization of matters to third parties.  The next article will focus on making the above more identifiable at work.

*Masango is in the Doctor of Laws (LLD) -Mercantile Law programme.  He writes fully and completely in his personal capacity.  As such, his views do not represent, in any way whatsoever, those of any institution or organisation/s he may be associated with however and whenever.  Contact him on Email: or on cell: (267) 71313730 or land: (267) 2971547, after hours.

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