Odd Happenings During 2012

kokomo, INDIANA — This year, a few odd headlines graced the front page of the Kokomo Tribune. An armed robbery gone hilariously wrong, a slew of quirky new Miami County laws, and a lovable Praying Mantis arriving in town were notable moments of 2012 that we’re all sure to remember in 2013 and beyond. Read on for our top weird headlines of the year.

=====

PERU — Thinking about getting a pet pig or peacock in Peru? Think again.

The Peru Common Council in September passed an ordinance banning a slew of seemingly random animals within city limits that officials said were causing disruptions.

The ordinance states it’s unlawful to own, keep or breed a horse, pig, pony, mule, donkey, goat, chicken, peacock, turkey, duck, cow, llama or other livestock in the city.

The ordinance allows zoological parks and “bona fide” circuses or carnivals to own the miscellaneous animals.

People found violating the new ordinance are guilty of a Class A infraction, which city code states is punishable by a fine not to exceed $10,000.

=======

A human skull found by a fisherman in the Wildcat Creek in April sparked a speculative firestorm about its origins, but police said the skull was most likely only the remnant of a medical exhibit or display.

Stephen Nawrocki, a forensic anthropologist at the University of Indianapolis, confirmed the skull was human. He said tests showed it to be more than 50 years old.

An examination revealed the bones had been painted or white-washed and contained drilled holes — signs which Nawrocki said indicate the skull had been adapted for a display or medical exhibit.

He said the bones did not indicate any criminal activity.

Police were called to the McCann Street bridge around 1:15 p.m. April 30 to remove the skull after the fisherman said he saw what looked like bones in the water.

The discovery provoked a slew of theories about where the skull came from.

Those commenting on the Kokomo Tribune’s Facebook page speculated the bones originated in a graveyard or American Indian burial site and washed into the Wildcat Creek.

Kokomomantis invades town!!!!!!!!!!!

She’s just a mantis. Standing in front of a town. Asking it to love her.

That’s what Kokomo’s newly installed, 17-foot-tall praying mantis sculpture posted recently on her Facebook page.

Some people in town just can’t bring themselves to love her, though.

The mantis has been called “freaky,” “weird,” “hideous” and “creepy” by posters on Facebook.

She was placed at the corner of Sycamore and Washington streets Oct. 5. The Kokomantis was constructed from re-purposed metal. Her torso and wings are made from World War II fuel pontoons, and her legs are made from stop light arms. Developer Scott Pitcher came up with the idea for the mantis, but he said it was a public art project funded by private donations. Pitcher approached metal fabricator Scott Little about the project two years ago. Little said he spent about 220 hours perfecting the details of the mantis.

A week after the mantis popped up on Pitcher’s property, a Kokomantis page popped up on Facebook. She has over 2,000 followers on Facebook.

Inquiring minds want to know who the voice behind the mantis is, but she prefers to remain anonymous. At least for now.

She did say that she is a writer who lives out of state but grew up in Kokomo.

No one asked her to create the character. She said she decided for herself it was something she wanted to do.

After a friend sent her a photo of the sculpture, she quickly fell in love with the weirdness of it, she said. And the idea of creating a character for the sculpture just came to her.

“I was interested to see if it was possible to turn this stream of negativity I was seeing into something a bit more positive,” the mystery woman said in an email. “I deeply, deeply love my hometown of Kokomo. I have been looking for opportunities to be a part of the community for the past year or so. … This was a chance for me to feel like an active part of the community even from a distance.”

=========

Kokomo police arrested a man on a robbery charge Dec. 4 after they say he held up a Village Pantry store armed with a large tree branch.

Officers received a 7 a.m. call of a robbery at Village Pantry, 1718 Home Ave. The clerk told police the man entered the store armed with a tree branch, walked behind the counter and forced the clerk to open the cash register. The man then fled with cash and cigarettes, Detective Scott Purtee reported.

Officers caught the man, 34-year-old Michael T. Wilson, Kokomo, a few blocks away at Garden Square Apartments after receiving information from an anonymous source that Wilson was inside the apartment.

Police arrested Wilson and charged him with a Class B felony charge of robbery.

========

It was a packed house. Crowds were cheering and yelling. The stench of competition was in the air.

But, before you paint a picture of high school basketball in your head, you are going to need a whole new set of brushes. This game may have involved a basketball, but it also involved donkeys. And that stench of competition? Well, some of the stench was just the fragrance of tomorrow’s fertilizer.

It was a biennial event which drew crowds in November out for a good cause — raising money for Bridges Outreach — and an even better laugh as they watch principals, community leaders and teachers play basketball … on a donkey.

But, before you get caught up in the ri-donk-culousness of it all. Meet the ladies behind the shovel who put some sass into their scooping: The pooper scoopers.

“They add in some fun doing a job no one else wants to do,” said Casey Cline co-founder of Bridges Outreach, a local organization designed to help students connect with their community and church.

“We volunteered [to scoop poop]. We’ve been living with our husbands for 20 years, so we’re pretty confident about moving B.S. around,” said Della Clouse, Kokomo High School librarian, with a laugh.

Connie Clark, Kokomo High School secretary, said the gals really put some pride in their poop-scooping duties and prefer to be addressed by their proper name. “We go by The Pooper Scooper Sisters,” she said with shovel in hand.

=======

GREENTOWN — An almost unbelievable string of blunders led detectives to four men responsible for a Sept. 10 armed robbery of a Greentown convenience store.

Detectives said one of the suspects, Luke K. Spence, 22, provided the first big clue when Spence left a credit card at the crime scene.

According to a press statement, three Kokomo men and a Fairmount man walked into the Smart Mart convenience store at 713 W. Main St., Greentown, around 5 a.m. During the robbery, three customers entered the store. The robbers forced the customers and store clerk into the store office, took the store’s phone out of the office and locked the customers and clerk inside, police said. They forgot one important detail: one customer’s cell phone. The customer called 911 to alert police.

Investigators said clothing matching that worn by the suspects was also located by a resident along 700 East shortly after the robbery.

After executing a search warrant at Spence’s residence in the 700 block of West Sycamore Street, Kokomo, and searching Spence’s gray 2007 Chevy Malibu, police said they found evidence which led them to a trailer in the 2700 block of North Washington Street.

At the trailer, police arrested Christopher A. Taylor, 26, Gregory M. Riley, 25, and an individual not apparently connected with the robbery, Brandon Hahn, 22, Kokomo, who was arrested in a misdemeanor charge of carrying a handgun without a license.

Detectives said they located money, guns, clothing and other property associated with the robbery during the search, as well as equipment associated with marijuana cultivation.

Also located in the home was a “home video surveillance system,” investigators said. According to police, “examination of the system’s memory showed all four suspects preparing for and returning from the robbery.”

Three of the suspects — Spence, Riley and Taylor — are each facing felony charges of robbery, criminal confinement and theft/receiving stolen property, as well as a misdemeanor charge of interference with reporting of a crime.

==============

PERU — Miami County officials in November erected a commemorative monument dedicating a destroyed pauper’s cemetery after the property owner donated the lot to Washington Township trustees this year.

Shirley Griffin, a volunteer researcher at the Miami County Museum who’s investigated the cemetery for the last year, said the pauper’s graveyard located on West 250 South was the site where the county buried the dead from the “asylum for the poor,” or county farm.

However, sometime after 1972, all the grave markers and cemetery boundaries were mysteriously destroyed after the county sold the asylum and its 160 acres of farmland, which included the cemetery.

Griffin said documentation indicates at least 42 people were buried in the pauper’s cemetery, but other sources say there were more than 100 residents laid to rest on the lot.

“To see any cemetery destroyed is disturbing,” she said. “We need to remember these people that lived, and you do that by putting up a monument. In a small way, it commemorates the lives and deaths of those who were buried in that cemetery.”

===============

PERU — A $15 penalty fee for Peru city employees unable to produce a urine sample in 15 minutes for required drug tests was pulled from the books after the city’s drug-screening company said it accidentally sent an email stating it would charge the city for workers who have a “shy bladder.”

Indiana Testing Inc. said earlier this year it would begin charging the city $15 for employees who couldn’t produce a sample in 15 minutes, $30 after an hour and $45 after two hours.

The Peru Board of Works in November approved a new policy that passed those charges onto workers.

The company issued an apology to the city and said it had sent the email by accident after media inquires were sent asking about the penalty fees.

“This email, stating rate increases charged for waiting one to three hours for shy bladders was not intended for cities, towns, schools, or county highways under Department of Transportation federal regulations,” said company President Mike Williams in an email. “It was strictly for the private sector.”

Peru Clerk-Treasurer Jackie Gray criticized the company for wrongly sending the city the new penalty charge. She said the only reason the city changed its policy was because of the new fees issued by Indiana Testing Inc.

“If they would have done their homework, we would never have been in this situation in the first place,” she said. “But we’re glad it’s been lifted, because we don’t want any employee to have to pay any extra expenses.”

==============

LOGANSPORT — A sign reading “Mayor Parking Only” turned up in an area previously reserved for police squad cars in July after Mayor Ted Franklin received a ticket for parking in a no-parking zone outside the City Building.

Franklin received a $20 ticket after his yellow Chevrolet Corvette was spotted with its front end sticking into a yellow no-parking zone.

“The complainant refused to give their name, but they had received a ticket for the same offense and felt like the individual should receive a ticket,” according to a police report.

A few days later, a large yellow parking space with a sign reading “Mayor Parking Only” was discovered painted in an area previously reserved for police squad cars.

Franklin said he paid the ticket and said he believed the new parking space would allow him to get in and out of the building quicker.

“I’m just not going to play that game,” Franklin said.

Franklin had been at odds with some members of the police department since shortly after he took office.

====================
FROM THE KOKOMO INDIANA TIMES

A Fine Fish Recipe for Christmas Eve Dinner

Recipe for Christmas Eve this Monday, December 24, 2012

 

 

Non-vegetarians would also feel welcome when you prepare a meal that they, too, can appreciate. Think of it as traditional to serve fish on Christmas Eve.

One reason I like this suggestion is that throughout most of the United States shoppers can find good salmon. Whether it is from the Pacific Ocean, streams of MidAmerican, or the Atlantic Ocean, it will have flavor that frozen seafood loses over time.

fishing

Most Christmas main course fares feature ham, rack of beef or prime rib, leg of lamb, or turkey.  Not having meat the night before will be seen as a pleasure.

This year may we suggest a recipe from the “Farm Bloomington” and Chef Daniel Orr of Southern Indiana?

 

  • Season the salmon with salt and pepper.
  • Mix minced garlic and ginger into a paste and smear it evenly over the top of the fish.
  • Top each piece of salmon with a piece of lemon.
  • Cover the fish with grape leaves or parchment paper.
  • After pre-heating the oven to 500, place salmon packages on a baking tray rubbing with olive oil.
  • Cook only 7 to 10 minutes.

 

Chef Orr’s recipe ideally calls for the salmon to be wrapped in grape leaves and served with a salad of rye or wheat berries, julienned carrots, seedless grapes, Italian parsley, lemon zest, and fresh tarragon. Curry, mustard, – two foods I am allergic to  – and Tabasco sauce may also be needed to season the fish.

 

Fish on Christmas Eve is very traditional in Eastern Europe.

 

 

 

Continuance Requested for EEO Case Against the CDPH and Attorney General Office (who is defending the poor EEO decision)

Today, the plaintiff begs the Superior Court for a continuance.

December 18, 1012

——————————————————————————-

The plaintiff asserts that his complaint is sufficient against a demurrer

because the pleading is reasonably specific.

(California Code of Civil Procedure, Section 602)

 

SUPERIOR COURT

OF THE STATE OF CALIFORNIA

SAN   MATEO COUNTY

 

 

 

 

David Arthur Dailey

 

v

 

California Department of Public Health,

Human Resources Chief Sandra Cornwell,

Life Safety Code Unit Chief   Colleen Kwappenberg Reeves, and Legal Counsel Belinda Whitsett, et. al.

 

))

)

)

)

)

) )

 

 

CIV  509252

 

AMENDED   COMPLAINT

 

OF   DAVID A. DAILEY

 

This amended brief clarifies the original complaint that was filed on October 24, 2011. This is filed subsequent to the Case Management Conference on April 27, 2012.

 

I, David A. Dailey, ask for the Court’s relief and resolution about numerous harmful acts and violations of: A) The Americans with Disabilities (ADA) Act (United States Code, Title 42, Sections 12101-12202), B) The California Fair Employment and Housing Act (FEHA) (California Government Code, Sections 12900-12976), C) The Unruh Civil Rights Act (California Civil Code, Sections 51 and 52), D) the federal Equal Employment Opportunity Commission (EEOC) statutes and regulations, and E) the employer’s written standard operating procedures and Supervisors’ Personnel Manual.

 

I, the plaintiff, assert that the Department of Public Health (CDPH) and Department of Health Services (CDHS) of the State of California is subject to a plaintiff’s recovery of damages under the ADA, California Civil Code, and California Government Code. My employer unlawfully terminated me, and in the process, caused medical and psychological harm as well as damaged  my professional career as a certified safety specialist in California since May 1980 (28 years).

 

The provisions of the ADA, Unruh Civil Rights Act, and Fair Employment and Housing Act apply to all persons working, including those employed by the State of California, within California. There is no exemption for public servants’ compliance.

 

At least three managers, co-defendants Belinda Whitsett, Sandra Cornwell, and Colleen Kwappenberg Reeves, working in the CDPH and CDHS Legal, Human Resources, and Life Safety Code Unit divisions, not only violated the aforementioned laws (items A through D) in paragraph two, lines 20 through 26, as well as the Department’s internal procedures (E), but also acted in bad faith. Management knew the plaintiff had at least one disability and failed to act lawfully or fair toward David Arthur Dailey.

The parties can agree to the validity of the facts as follows:

 

  1. The disabled plaintiff’s work as a Health Facilities Evaluator within the Life Safety Code Unit was unlawfully terminated on or about November 6, 2008, after over sixty-one (61) months of satisfactory employment within the California Department of Public Health (CDPH), once known as the California Department of Health Services. A termination letter was handed on October 30, 2008, to the plaintiff David A. Dailey in San Jose by co-defendant Colleen KwappenbergReeves immediate subordinate. That letter was signed by co-defendant Sandra Cornwell of Human Resources. Legal terms and jargon indicate that it was reviewed directly by co-defendant Belinda Whitsett or her Legal Division staff.
  2. Although the plaintiff initially received a reasonable accommodation for medically recognized disabilities when hired on April 22, 2003, and re-hired on March 9, 2005, the Life Safety Code Unit Manager co-defendant Colleen Kwappenberg Reeves took away the plaintiff’s reasonable accommodations without any agreement on the plaintiff’s part. This action was taken in conflict with The Americans with Disabilities (ADA) Act, Title 29, Code of Federal Regulations, Sections 1630.2 (k), 1630.9, and 1630.12, and the California Government Code (FEHA) Section 12940 (m).
  3. Co-defendant Sandra Cornwell was in-charge as the CDPH Human Resources Division Chief during this unlawful activity that occurred during 2007 and 2008. She is responsible for directing adherence to all employment laws and especially EEOC compliance throughout the Department. This complaint alleges violations of FEHA Sections 12921 (a), 12926 (a), 12940 (a), (h), (k), (m), (n), 12946, and 12948.
  4. Colleen Kwappenberg Reeves was in-charge as the CDPH Licensing and Certification Life Safety Code Unit Chief since May 2007. The Chief works from the San Bernardino District Office and has never been working in the field with David Dailey during a life safety code survey; thus has no first-hand knowledge of his work performance.
  5. The plaintiff received a Masters of Science degree in Health Education and Safety Management (1979), became a Certified Manager by examination (1987) from the Institute of Professional Certified Managers, and earned Certified Safety Professional credentials from the Board of Certified Safety Professionals (1984 and 1985). Co-defendant Colleen Kwappenberg Reeves is a Registered Nurse with no graduate college degree and should be held accountable as the immediate manager implementing unethical, harassing, unprofessional, onerous, unfair, and unlawful activity upon the plaintiff during 2007, 2008, and 2009.
  6. Belinda Whitsett was the supervising lawyer with the CDPH during 2007 and 2008 when this unlawful activity, specified in this complaint that took place.  She is responsible for her subordinates’ actions and should be held accountable. Legal actions were taken contrary to FEHA Sections 12920, 12921 (a), 12926 (a), 12940 (a), (h), (k), (m), (n), and 12948.
  7. Upon termination, the plaintiff was prohibited from receiving continuing health and dental insurance benefits, and his COBRA rights, pursuant to the federal Comprehensive Omnibus Budget Reconciliation Act of 1985, were revoked by the Human Resources Division in January 2009. As a result, the plaintiff’s health suffered and his costs of medical care were very high and much had to be paid out-of-pocket. Co-defendant Sandra Cornwell manages the CDPH’s Human Resources Division that made the determination.
  8. During December 2007, issues of the eroding of reasonable accommodation again were discussed directly with the unit manager/Unit Chief, Colleen Kwappenberg Reeves. No affirmative action was taken by the Department of Public Health as required by The Americans with Disabilities (ADA) Act (United States Code, Title 42, Sections 12101-12202), and the California Fair Employment and Housing Act (FEHA) (California Government Code, Sections 12900-12976). 
  9. The events of December 27 through December 31, 2007, between Dailey and Reeves, when he pursued employment rights as a disabled worker previously issued a reasonable accommodation that should have been honored, preceded a series of work restrictions, retaliation, harassment, investigation, and other discriminatory actions against the plaintiff between January and October 2008. These actions are contrary to FEHA Sections 12940 (h) and (k) and 12948, US Title 29, Sections 1630.4, 1630.9, 1630.12, and California Civil Code Section 51(b).
  10. The Unit/Department Chief, co-defendant Colleen Kwappenberg Reeves, wrote up and reprimanded the plaintiff unjustly for infractions about which he was not guilty. Discipline was also issued for behavior related to his disability. Termination adverse action documents used the terms “insubordination”, “discourteous”, and “failure of good behavior” incorrectly.
  11. Co-defendant Sandra Cornwell’s Human Resources Division staff failed to file the disciplined employee’s memos of explanation, nor allowed the plaintiff a review of his personnel file as requested in July and August 2008. This may be a violation of FEHA Section 12946.
  12. The plaintiff’s original supervisor within the Life Safety Code Unit, Peter Rivera, retired on April 30, 2007. Management allowed a reasonable accommodation (time for medical treatment between the hours of 8 a.m. to 5 p.m. as long as the assigned work was completed) at the time of rehire in 2005. Since that point in-time, reasonable accommodations were lost under the management of co-defendant Colleen Kwappenberg Reeves.
  13. The plaintiff alleges that the unit’s discriminatory; harassment, investigation, and retaliation actions were subsequent to his 2007 pursuit of employment rights as a citizen with a disability. A two-and-a-half inch stack of allegations and related documents were handed to the plaintiff in the San Jose district office on October 30, 2008. Under ADA Title V, “those exercising their rights are protected from retaliation.” Furthermore, U.S.C. Title 42, Chapter 126, specifies that “the state shall not be immune” to comply with ADA provisions.
  14. The plaintiff’s confidential medical records were compromised in the San Jose and San Bernardino offices of the Life Safety Code Unit. Prior to October 30, 2008, medical statements, diagnoses, and prognoses were received, mishandled, intercepted via fax from Dr. Belcadi of Santa Rosa and Dr. Anderson of Healdsburg, California.
  15. The plaintiff was ordered not to go into his assigned Santa Rosa office after January 15, 2008, by co-defendant Colleen Kwappenberg Reeves. He was told to report to San Jose, which is at a distance greater than 125 miles from where the plaintiff had been receiving medical treatment for his disabilities. The plaintiff for a length of time, 2006-2008, had been able to work out of the CDPH’s Richmond Facility, which is significantly closer to Santa Rosa and Healdsburg.  Reasonable accommodations are required per Title 29, Section 1630.9 and FEHA Section 12940 (m).
  16. The working conditions and climate within the San Jose District office were not suitable and were onerous and harassing toward the plaintiff. This action was contrary to FEHA 12940 (k).
  17. The defendant issued discipline, unfair work restrictions, and adverse counseling memos on multiple occasions after the events between the Unit Chief Colleen Kwappenberg Reeves and plaintiff during March 2007 and December 2007. These written reprimands were issued during 2008, even when the plaintiff was on medical leave. Co-defendant Belinda Whitsett’s legal division was clearly involved with these formal written counseling memos. Although signed by the plaintiff’s immediate supervisor, the memos included legal terms and jargon and vocabulary beyond the supervisor. In addition, no union representative was present during any disciplinary conference as dictated by the CDPH’s own internal policies and procedures. These events were contrary to FEHA 12921 (a), 12926 (a), 12940 (a), (h), (k), (m), (n), and 12948.
  18. Although out on medical leave during the winter and spring of 2007-2008, the Department performed a sub-rosa investigation including for the use of a dated Dell laptop computer issued to the plaintiff’s care, custody, and control. These acts of bad faith and the following incident were collaborated with co-defendant Belinda Whitsett’s Legal Division.  The assigned computer and state-issued auto were confiscated on January 25, 2008, in an embarrassing episode by co-defendant Colleen Kwappenberg Reeves’ immediate subordinate Supervisor Michael Gonzales, accompanied by two California Highway Patrol squad cars, into the plaintiff’s quiet, urban Healdsburg residential neighborhood. This is contrary to FEHA Section 12940(k).
  19. Co-defendant Life Safety Code Unit Chief Colleen Kwappenberg Reeves refused to reimburse the plaintiff for a leased Honda used for work activities north of Redding. Due to the disabled condition of the plaintiff’s back and the poor condition of state-provided auto’s drivers seats, David Dailey procured a new car with back support to provide relief. The Honda was repossessed in 2008 because the plaintiff could not make payments. The non-provision of a reasonable accommodation is a violation of FEHA Section 12940 (m) and US Title 29, Section 1630.9,
  20. Co-defendant Life Safety Code Unit Chief Colleen Kwappenberg Reeves ordered on two occasions in 2008 to take the plaintiff’s state-provided automobile away. All other unit employees had a state auto for work activities. After the second incident, the plaintiff was ordered and burdened to use his own vehicle to perform daily inspections across Northern California. ADA Title V specifies that a disabled worker “cannot be limited in an adverse way.” This action is also contrary to FEHA Sections 12940 (k) and (n).
  21. Plaintiff David Dailey was ordered by his immediate supervisor and co-defendant unit manager Colleen Kwappenberg Reeves to work at distances away from the plaintiff’s home base–office. He was not reimbursed for mileage and travel expenses as other Health Facilities Evaluators are. Unit management knew his vehicle, a 2008, 32-foot motor home was expensive to operate (i.e. 11 miles per gallon at a cost of over $4.00 per gallon, $260 for an oil change). These actions are contrary to FEHA Sections 12940 (h), (k) and (n).
  22. Not all charges against the plaintiff adversely affecting a routine 2008 annual merit raise and receiving multiple disciplinary memos were true or valid. He was denied an annual raise in January 2008 by co-defendant Colleen Kwappenberg Reeves while on medical leave. These actions were contrary to FEHA Sections 12940 (k) and (n), and US Title 29, Sections 1630.4 (ii) and (vi).
  23. The plaintiff suffered food poisoning and later long-term gastrointestinal illnesses while on a business trip to ClearLake Hospital during November 2007. Co-defendant Colleen Kwappenberg Reeves did nothing to help David Dailey. Time away from usual work duties exceeded 12 business days. He did not receive any workers’ compensation, state disability, or department catastrophic leave benefits. These actions were contrary to FEHA Sections 12940 (a), (k) and (n), and US Title 29, Section 1630.4 (vi).
  24. Unit Chief Colleen Kwappenberg Reeves ignored two requests for catastrophic leave assistance by the plaintiff from the Department. Many department employees utilize this benefit. The plaintiff’s pleas were not acted upon. The plaintiff’s accrued sick leave time was used up. The second formal proposal was submitted on March 12, 2008. This inaction is contrary to Title 29, Section 1630.4 (vi).
  25. Union grievances were filed on May 29 and July 1, 2008, yet no affirmative action was taken by the Department of Public Health. Co-defendant Colleen Kwappenberg Reeves ordered her subordinate Michael Gonzales to write a memo telling the plaintiff that plaintiff’s two grievances were invalid. These actions are contrary to FEHA Sections 12940 (h) and (n).
  26. On September 8, 2007, a letter from the plaintiff’s physician was faxed to unit management regarding a back disability accommodation. No reimbursement was received for an assistive device needed during driving commute hours between inspection visits. This inaction was contrary to Title 29, Sections 1630.2 (k) and 1630.9 and FEHA Section 12940 (m).
  27. Formal and verbal requests to the CDPH Human Resources Division, managed by co-defendant Sandra Cornwell, from the plaintiff were ignored. The plaintiff was never allowed to view his personnel file and records as was requested during the summer of 2008. In retrospect, this would have “tipped off” David Dailey of the length and breath of the subrosa investigation in-progress. This may be a violation of FEHA Section 12940 (n).
  28. Information was sent to the California Department of Public Health’s Office of Civil Rights during the summer and fall of 2008.  This office is managed by co-defendant Sandra Cornwell. No affirmative action was taken. The inaction is contrary to FEHA Section 12940 (k).
  29. Life Safety Code Unit management, co-defendant Chief Colleen Kwappenberg Reeves, did not inform the plaintiff until September 2008 that certain forms needed to be filled out by the disabled employee and where to send them.  No assistance was offered or the process explained by the Unit. The department’s Office of Civil Rights is managed by co-defendant Sandra Cornwell. The Department took no affirmative action. These actions were contrary to FEHA Sections 12921 (a), 12940 (a), (h), (m), and (n).
  30. Subsequent to termination in November 2008, the plaintiff was refused jobs both with the State of California because of CDPH action instituted by co-defendant Sandra Cornwell’s Human Resources Division. This is contrary to FEHA Section 12940 (k) and Section 12948. As of October 2011, David Dailey remains unemployed. As of March 2012, the plaintiff has not yet found work; even though assistance since June 2011 is currently being given by the California Department of Rehabilitation and the San Mateo County Vocational Resource Services in San Carlos.
  31. During a proceeding in Oakland, the legal representative of the CDPH, Sharon Simms, supervised by co-defendant Belinda Whitsett, accompanied by a CDPH Human Resource Division representative, supervised by co-defendant Sandra Cornwell, told the administrative judge during the preliminary State Personnel Board (SPB) hearing that a monetary award would be given to the plaintiff  if  he withdrew his appeal to the SPB and ceased taking further legal action against the CDPH including pursuit of due process for rights under the Americans with Disabilities Act. This action is contrary to FEHA Section 12940 (n).
  32. Prior to April 18, 2010, the legal representative of the CDPH, Sharon Simms, supervised by co-defendant Belinda Whitsett, wrote and presented a Stipulation for Settlement that offered the plaintiff a “voluntary resignation” rather than a “termination” if he dropped further action against the CDPH filed with the federal EEOC. This action is contrary to FEHA Section 12940 (n).
  33. Actions of the defendant were proprietary, as distinct from governmental, since the CDPH receives funds from the federal Department of Health and Human Services for performing each Medicare-compliance inspection. In much the same way as a business subcontracts, the activities of the CDPH Licensing and Certification units, where the plaintiff worked for over 5 years, are paid for by the federal government.
  34. On or about March 11, 2011, the plaintiff received a right-to-sue letter from the United States Equal Employment Opportunity Commission.
  35. The plaintiff asserts that both federal and more stringent California laws apply in this case. On the state’s webpage (www.accessdisabilityinfo.ca.gov) it states, that “public entities must adhere with all non-discrimination laws and regulations regarding the employment of people with disabilities” under both the federal Americans with Disabilities Act and its Amendments (Public Law 101-336 and Public Law 110-325).”
  36. The California Unruh Civil Rights Act (California Civil Code 51-52), enacted in 1959, supports the employment and recovery rights of the disabled. The State Fair Employment and Housing Act (California Government Code 12900-12976) laws have also been violated.  No government entity is exempted from compliance. Furthermore, Civil Code Section 51 states: “required doctor visits are not to be held against anyone with a disability.”
  37. California Civil Code Section 51 states that, “Whoever denies rights or makes any discrimination contrary to the civil rights act is liable for each and every offense.”

  38. California Civil Code Section 52(a) states that monetary damages up to three-times the amount of actual damages may be awarded. Section 52(b) specifies that whoever denies rights guaranteed under Section 51 of the California Unruh Civil Rights Act may be liable to pay exemplary damages.

 

 

AGREEMENT

 

The plaintiff asks the Court for appropriate resolution, judgment, and relief.

 

  1. Back  wages paid to the plaintiff from the inception of the defendant’s Adverse Action was enforced on November 6, 2008, to the date of the Court’s judgment.

 

  1. Payment to the plaintiff of medical costs incurred since November 2008.

 

  1. Recovery of all litigation costs from the defendant.

 

  1. Punitive   and exemplary damages awarded to the plaintiff and non-profit advocacy  groups for workers with disabilities, as the Court deems appropriate.

 

  1. Sanctions  against the California Department of Public Health so that another      employee with a disability is not denied a reasonable accommodation and  other civil rights.

 

  1. Written  statements affirming the state department’s future compliance submitted to      the San Francisco Chronicle, Los Angeles Times, San Jose Mercury News, and   the Sacramento Bee.

 

 

I declare under penalty of perjury that the foregoing statements are true and correct.

I reserve the right for a trial by jury.

 

Executed   May 3, 2012, at Redwood City, California.

 

 

 

_________________________

David Arthur Dailey

Plaintiff and pro per attorney

About maxsscoutservicesllc

WRITER MANAGEMENT CONSULTANT SPORTS FAN FOOD CRITIC HORSE AND DOG OWNER CHRISTIAN MEMBER OF THE GREEN PARTY ALOHA SPIRIT

best wishes

Wandervogel Diary

dots in square 24

Sometimes it takes a third person to say something that is true but that no one has said is so. A couple days ago Dana was helping me fill out some forms for disabililty insurance, and she used this phrase: bedridden.

I guess I am, but I had always thought of it as staying on the land and not allowing this stroke from permanently sidelining my plan.

It is funny to think of all the different things people keep trying to impose on me and my rehabilitation. Some people want the Redemption Project to be bigger than me and keep going on (ie., the blog) without me… but I can’t even think about that. Some people want me to check into a nursing home, but this sounds like a big defeat to me, and I won’t even consider it. Even though they’d never admit it, some people want me to…

View original post 90 more words

Te’o Deserves This Year’s Heisman Trophy – Cheer, cheer for ‘ol Manti Te’O – To the Middle Linebacker of Undefeated Notre Dame

Manti Te’o – Heisman Candidate

Oct 7, 2012  [Note: this is a reprint of a short essay originally posted nine weeks ago]

This man is a sincere phenom within the family and brotherhood of the echos of the University of Notre Dame. On top of it he has excelled in his senior year studies and adapted to deep, deep emotional pain in his personal life. Imagine losing two close family member during the same week!

Te’o deserves the prestegious award more than any college quarterback considering (he has had more than one freshman season of success; rather Manti accomplished four (4) years of outstanding defensive, all the while being a key teammate despite the loss of life of his grandmother and close girlfriend during the same fourth week of this season.) everything.

It has been since 1949 that a defensive player (by the way Notre Dame’s Leon Hart started both as a split end on offense and a defensive lineman) has been selected as the best college football player of the year.

Te’o – A Model Sportsman

Notre Dame’s linebacker Monti Te’o may be the one.

Not only did his squad that he captains limit the opponents to 3 points, he had 10 solo tackles. Quite an effort by a student-athlete who recently has faced his share of adversity in his private life.

Against the University of Southern California during the last game of the regular season, Te’o anchored and captained ND’s “big-D.”

Nationwide, no single player accomplished forcing the number of turnover that often led to touchdowns and field goals by the Irish offensive unit.

Number 5, Manti Te'o lining up during the Fighting Irish's 22-13 win versus USC in LA
Number 5, Manti Te’o lining up during the Fighting Irish’s 22-13 win versus USC in LA

 = = = =

copyright 2012

Max’s Scout Services & Communications, LLC

 

 

Don’t You Just Hate Television Shows? What Else are We Watching?

Take One…by Chuck Barney of the Contra Costa Times

Dumb plots, loud commercials, and the entire Kardashian clan are just a few pet peeves.

We need to vent. Chuck made a list (and checked it twice) of what that blasted box is doing lately to annoy us the most.

Here are 10 things hated about TV:

  1. BLOATED RESULTS SHOWS:

Fans of “American Idol” and other talent competitions want results, and they want them NOW. Instead, we’re subjected to programs with more padding than a strip-mall Santa. We get clips of performances we already saw (and hated). We get random actors flogging their new movie. We get previews of the latest Britney Spears video. We get Howie Mandel lamely discussing his Twitter feed. On and on it goes.

When it’s finally time to present the actual results, we get an announcer who milks a dramatic pause for as long as humanly possible and then delivers the goods — right after this commercial break.

As an obvious addendum to this item, we insist that there is no fathomable reason “The Biggest Loser” and other reality shows need to be more than one hour long. Absurd. It’s time to trim the fat.

2. FREQUENT FLASHBACKS:

As the opening scene of a show unfolds, our hero is running along an empty, rain-slicked road at night. He’s being chased by a mysterious figure — a mysterious figure with a gun. The chase continues until our hero ducks into a dark alley and comes to a dead end. He turns to face his assailant and, then, suddenly, we cut to another location and the screen reads: “Five Days Earlier …”

Enough already. Flashbacks and flash-forwards were fun for a while when “Lost” was in its heyday. But now every show seems to deploy them — some on a repetitive basis — to the point where they’ve become a narrative crutch. Memo to TV writers: Let’s try something different and spend a little time in the present.

gross naked person

3. AN OBSESSION WITH PRIVATE PARTS:

Last fall brought us “the season of the vagina,” as several new shows about women had a thing for below-the-waist humor. On one hand, it was only fair. Prime time, after all, long has been a haven for penis jokes.

But as TV continues to so freely toss around references to anatomical parts, it has reached overload mode. We’re no prudes, and we certainly realize that good comedy often flirts with the uncomfortable. Then again, good comedy isn’t cheap and lazy.

As for the people who write those sitcoms, we’re beginning to think we knew them in high school. They were the snickering doofuses who filled their notebooks with naughty drawing during anatomy class.

4. A BUG INFESTATION:

At last, the would-be lovers on our favorite nighttime soap are about to turn that sexual tension into some real physical heat. As they inch toward one another on the couch and close in for a kiss, up pops an annoying ad in the corner of the screen for a stupid sitcom.

Talk about ruining the moment.

What began as a slightly pesky promotional ploy a few years ago has now turned into a full-fledged epidemic. Those on-screen logos, or “bugs,” that networks thrust upon us have become bigger, more animated and more intrusive. And they’re ruining our viewing experience.

Let’s call for an intervention: Stop cluttering up our TV screens!

5. SCARY PROMS:

In real life, prom night generally is one of the major highlights of our teen years — a rite of passage accented by sweet corsages and super-slick dance moves.

On TV, it’s an American horror story waiting to happen.

TV proms just can’t unfold without culminating in ugly drama — a drunken brawl between guys competing for the same girl, the head cheerleader going into labor in a bathroom stall, a horrible post-dance accident, the shocking revelation that your best friend is really a vampire. …

Considering the pileup of unfortunate occurrences, it’s a wonder anyone on TV attends prom anymore.

6. DEATH WITHOUT CLOSURE:

A new serial drama with great potential makes its debut. common sense clown

We instantly take it into our arms and devour every morsel of TV goodness it has to offer. But wait. The ratings are kind of saggy. Uh oh. The network just pulled the plug. That sends us into mourning. Why does this always happen to good shows we love? Adding to our frustration is the fact that the network refuses to provide any kind of payoff to the story in which we’ve become invested.

No wonder so many of us have commitment issues when it comes to TV.

7. DELIBERATELY MISLEADING PREVIEWS:

We’re told that next week’s episode of “The Bachelorette” will be more “shocking” than ever. Then we see scenes of our leading lady bawling her eyes out, interspersed with images of a guy saying “I cheated.”

So we tune in next week expecting high drama, only to discover that she’s crying because she’s been chopping onions in the kitchen, and the guy admits he cheated in a game of poker. Ugh. We’ve been played again. A pox on TV’s marketing liars.

8. GABBY GRANNIES:

We refer to it as the “Curse of Betty White.” She and Cloris Leachman have made a lot of money playing older women with no filters who talk freely about sex and body parts (See: Item 3) and spout plenty of politically incorrect dialogue. anessa deb  It’s funny, of course, because it goes against the stereotype. Grandmas are supposed to be sweet and virtuous.

But these characters are surfacing everywhere, with the latest examples in “Malibu Country” (Lily Tomlin) and “The New Normal” (Ellen Barkin), and they are becoming the stereotype.

It may be time for a temporary moratorium on gabby grannies.

9. REALITY REWINDS:

We’ve just watched the drunken babe toss her drink in that dumb guy’s face and leave the party with another dude, while her gal pals look on in horror from the hot tub. Now, we’re expecting even more fireworks right after the commercials.

Except when the show returns, what do we see? Recap scenes of the drunken babe tossing her drink in the dumb guy’s face and leaving the party with another dude. Monotonous. (And another form of reality filler). Get to the good stuff already, and don’t waste our valuable time.

10. LAUGH TRACKS:

Television has used canned laughter to sweeten shows since the 1960s. It is now 2012. Isn’t it time we finally issue a gag order once and for all? The CBS sitcom “Partners” was pretty bad. But that irritating laugh track….

cHURCH LADY