In recent years the Federal Court System has gone paperless and to an "electronic filing system" and document retrieval system.
In order to access information you have to have something called a Pacer Account. I have one, and I use it frequently in my job.
I have had such an account for approximately 3 years and had never bothered to change the random password they gave me when I signed up -- mostly because it was so bizarre that no one, would ever guess it (trust me, I could never memorize this password and ALWAYS had to refer to my password cheat sheet when I logged in -- let's put it this way, it had an ampersand in it; 'nuff said.)
I tried to log on a few minutes ago and was told my account was disabled for non-payment. This surprised me because the account is automatically billed to my debit card. Thinking maybe the card had expired, I checked my account information, made a payment and confirmed that Pacer had the correct information. While I was in my account management screen, I decided to change my password to something I could remember more easily. I rec'd a confirmation that my password had been changed (or so I thought).
I exited back to the sign-in screen and still could not log in, but was now getting a message that said my login or password was incorrect. Frustrated, but not yet completely annoyed, I assumed that I had made some kind of a typo and logged back on to the account manager with my new password. Hmm...if I could log on to the account manager with my new password, how come I couldn't log on to my Pacer search engine? Throwing in the towel, I called the 800# to the Pacer Service Center.
After confirming my identity, the nice gentleman who answered the phone explained to me that it takes 30 - 60 minutes for my new password to take effect. I said something like "WOW, that's a really long time" to which he replied it takes that long for my new password to become populated in all of the separate district court document systems. I replied, well I can use my old password until the new one goes into effect then, right? He, of course, said no -- the disabling of a password in instantaneous.
Not wanting to go down that road, I managed to spit out the following through my clenched teeth -- "Ya know, it would be really nice if you guys would put some kind of a warning or notice on the password change screen to let people know they will not be able to use the system for 30-60 minutes after a password change."
He agreed and I slammed the phone down, red in the face and growing redder by the moment.
But for the inefficiencies of the Federal Government costing me 30-60 minutes of down-time this afternoon, I would not have had time to write this post.
CEP
Monday, September 24, 2007
Wednesday, September 12, 2007
A Perfect Example of How the PD Slants the "News"
Council asks no questions about Clerk Emily Lipovan's harassment allegations
The headline to this article really got me fuming -- and not just because I'm a friend and supporter of Emily Lipovan, but because it shows the journalistic ineptitude (or perhaps malice) of the PD.
EMILY LIPOVAN HAS MADE NO HARASSMENT ALLEGATIONS!!!!!!
Even the article points that out when it states in the third paragraph:
Councilman Joe Santiago said last week that Lipovan told him Sweeney sexually harassed her. On Monday, Lipovan publicly accused Sweeney of directing one of his top aides to snoop on her computer, but she declined to comment on the sexual harassment allegations.
Seems that the only person who's made allegations of harassment here is Joe Santiago. Everybody assumes that the harassment, if any, was directed at Emily. Lest we forget that the office of Clerk of Council employs and supervises numerous people. Has anyone considered the possibility that the harassment, if any, is more universal and that Emily may not have been a direct target of harassment and is not sure of her footing about making such allegations on behalf of others, i.e. maybe they don't want someone to make such allegations on their behalf? So instead she told Marty he had to knock it off, because she couldn't stand by and watch it anymore and Marty's reaction based upon ego or whatever to Emily's admonitions is what caused this rift? No, no, that couldn't be possible, that's ridiculous -- only because it will sell less newspapers and isn't as juicy a story for the conspiracy theorists to grab on to.
Folks, I don't care about the PD's need to sell newspapers. I question the efficacy and public benefit of resolving topics as sensitive as these under the glare of the public eye. It serves no purpose, no public good; it merely sells newspapers for the PD and feeds the increasingly voyeuristic appetite of the citizenry created by reality t.v.
I'm sure the anonymous posters to my blog will tell me that I am deluded and out of touch and, imply that I haven't been around long enough to know what's really going on. Seems to me their comments have been largely driven by what's been reported in the media. My information comes from better sources than that. And, even if my sources are wrong and the commenters are proven right, I still have posted from a position of equanimity and not hysteria.
CEP
The headline to this article really got me fuming -- and not just because I'm a friend and supporter of Emily Lipovan, but because it shows the journalistic ineptitude (or perhaps malice) of the PD.
EMILY LIPOVAN HAS MADE NO HARASSMENT ALLEGATIONS!!!!!!
Even the article points that out when it states in the third paragraph:
Councilman Joe Santiago said last week that Lipovan told him Sweeney sexually harassed her. On Monday, Lipovan publicly accused Sweeney of directing one of his top aides to snoop on her computer, but she declined to comment on the sexual harassment allegations.
Seems that the only person who's made allegations of harassment here is Joe Santiago. Everybody assumes that the harassment, if any, was directed at Emily. Lest we forget that the office of Clerk of Council employs and supervises numerous people. Has anyone considered the possibility that the harassment, if any, is more universal and that Emily may not have been a direct target of harassment and is not sure of her footing about making such allegations on behalf of others, i.e. maybe they don't want someone to make such allegations on their behalf? So instead she told Marty he had to knock it off, because she couldn't stand by and watch it anymore and Marty's reaction based upon ego or whatever to Emily's admonitions is what caused this rift? No, no, that couldn't be possible, that's ridiculous -- only because it will sell less newspapers and isn't as juicy a story for the conspiracy theorists to grab on to.
Folks, I don't care about the PD's need to sell newspapers. I question the efficacy and public benefit of resolving topics as sensitive as these under the glare of the public eye. It serves no purpose, no public good; it merely sells newspapers for the PD and feeds the increasingly voyeuristic appetite of the citizenry created by reality t.v.
I'm sure the anonymous posters to my blog will tell me that I am deluded and out of touch and, imply that I haven't been around long enough to know what's really going on. Seems to me their comments have been largely driven by what's been reported in the media. My information comes from better sources than that. And, even if my sources are wrong and the commenters are proven right, I still have posted from a position of equanimity and not hysteria.
CEP
Monday, September 10, 2007
"Public-Private Partnership" is Becoming A Pejorative Term
Seems that Cleveland and Cuyahoga County are not alone in the world of questionable public-private land/development deals.
Land deal in Cincinnati suburb seen as shady
This deal was pulled off by a Republican. The medical mart fiasco was engineered by democrats with tacit support from the local GOP.
Perhaps we need a new way in our two-party system?
Stay tuned. Change may be afoot.
CEP
Land deal in Cincinnati suburb seen as shady
This deal was pulled off by a Republican. The medical mart fiasco was engineered by democrats with tacit support from the local GOP.
Perhaps we need a new way in our two-party system?
Stay tuned. Change may be afoot.
CEP
Jilted Browns Fan Seeks New NFL Football Team to Root For
I moved to the Cleveland area from Michigan in 1995. The Indians were in their heyday and I quickly became a devoted fan, and still am, even through the lean years. The Browns left shortly after I arrived and then returned. I must admit that I got caught up in hoopla and fever of the best fans of the NFL. I have never been as affectionate of the Browns as I have been the Indians and even the OSU Buckeyes. I did have season tickets a couple years ago with my father-in-law. I looked forward to the great tailgate parties, but the games were always the low point of the day. I found myself thinking, can't I just sit here by my car and watch the game and drink beer and eat food that costs approximately 60% less than it does in the stadium?
After yesterday, I've given up on the Cleveland Browns.
I am taking suggestions about a new team to root for and get emotional about. I'm thinking the New England Patriots because they have such an outstanding program, but I am open to suggestions from those who know the NFL more than I.
Please help.
CEP
After yesterday, I've given up on the Cleveland Browns.
I am taking suggestions about a new team to root for and get emotional about. I'm thinking the New England Patriots because they have such an outstanding program, but I am open to suggestions from those who know the NFL more than I.
Please help.
CEP
It's The Details That Can't Be Strung Behind An Airplane That You Should Be Worried About
This may come as a surprise to some, but probably not most of you.
On August 24, 2007, the day before the deadline for Put It On The Ballot to turn in our petitions to force a vote on the sales tax increase, the Cuyahoga County Commissioners released their 2007 Midyear Financial Report that you can find in its entirety here.
I'll share some highlights of the report with you and let you judge whether the real reason for the urgency of this sales tax increase was a medical mart or whether the Commissioners desperately needed to prop up their General Fund. Recall the the sales tax increase is not specifically earmarked for the convention center/medical mart, but is just dumped in to the General Fund.
As is clear from the following excerpts of the Midyear Financial Report, the county is already hinting that it will need the revenue from this sales tax increase to support/offset and expected general fund operating deficit.
The County’s General Fund and Health & Human Services (HHS) Levies combined available year-end balance is estimated at $120.4 million with an operating deficit of $9.1 million. The operating deficit exists even with the anticipated proceeds of $13 million from the sale of the County’s Skilled East property and the northern portion of the Youth Development Center in Hudson that is expected to take place in the third quarter. The $9.1 million deficit could be further reduced should these two properties sell for more than $13 million (or could increase if less than $13 million is received). . . .
On an individual fund basis, the General Fund is projected to have an operating deficit of $5.5 million (an $18.5 million operating deficit if one-time revenue is excluded) and the HHS Levy Funds a $3.6 million operating deficit. Sound financial management practices prohibit the use of one-time revenue sources for on-going operational needs since it only postpones the problem and more drastic measures are required to eliminate the deficit once the onetime revenue source expired. . . .
The All Funds available ending balance is estimated with a $15.3 million deficit as well. In addition to the deficits in the General Fund and HHS Funds, operating deficits are also anticipated in 40 of the other 89 funds that are included in the annual budget. As fund balances are depleted in these funds, agencies will have to seek revenue enhancements and/or program/expenditure reductions to avoid additional pressure being applied to the General Fund by these agencies seeking funding from the General Fund to continue services or programs previously financed with non-General Fund revenue. . . pg. I-1.
General Fund
On July 26, 2007, the Board of County Commissioners approved a one-quarter of one percent increase in the sales tax, increasing the current tax from 7.5% to 7.75% for a period of twenty years. The tax increase is expected to generate approximately $42 million additionally. The primary driver for this increase was to aid the financing of the public portion of the Medical Mart/Exhibition Hall presently being contemplated. This increase is reflected in the General Fund’s 2008 and 2009 revenue amounts; hence operating surpluses of $19.0 million and $7.0 million are forecasted, respectively. A $42 million reserve will be established to set aside the funds to finance the construction of a new exhibition hall should we be successful in attracting a medical mart. Excluding these reserves, the General Fund’s available ending balance to expenditure ratio in 2008 and 2009 drops to 17.1% and 6.6%, respectively, falling below the desired goal of maintaining a minimum balance of 20%. The drop in the available ending balance is directly linked to expenditures increasing and property taxes being diverted to pay for debt service on debt issuances for numerous capital projects. If the $42 million generated from the sales tax increase is subtracted from revenues, a $23 million operating deficit exists in 2008 and the deficit grows to $35 million in 2009. To bring operating expenditure in line with operating revenues assuming the full sales tax increase is set aside for the exhibition hall, a 6% expenditure reduction is needed in 2008 and another 3% in 2009. pg. I-2.
Between 2001 and 2004, Sales Tax remained relatively flat. In 2004 and 2005, sales tax jumped 5.2% and 2.1%,respectively primarily due to the expansion of sales tax on telecommunication services and other services that previously were not taxed. Sales tax dropped $336,053 to $168.6 million in 2006. As of July 2007, actual sales tax collections are 1.6% higher than the same point in time last year. It is estimated that 2007 sales tax of $170.3 million will be 1% higher than 2006’s collection. The 2008 estimate includes the additional revenue from the 0.25% increase. pg. I-4.
Sorry for the long post. But there it is, in black and white, published under the names of the County Commissioners. The "primary driver" for the sales tax increase? -- this implies that it was NOT the sole reason. "Assuming the full sales tax increase is set aside for an exhibition hall" -- this language in this report tells us that the Cuyahoga County Commissioners lied to us all along.
CEP
On August 24, 2007, the day before the deadline for Put It On The Ballot to turn in our petitions to force a vote on the sales tax increase, the Cuyahoga County Commissioners released their 2007 Midyear Financial Report that you can find in its entirety here.
I'll share some highlights of the report with you and let you judge whether the real reason for the urgency of this sales tax increase was a medical mart or whether the Commissioners desperately needed to prop up their General Fund. Recall the the sales tax increase is not specifically earmarked for the convention center/medical mart, but is just dumped in to the General Fund.
As is clear from the following excerpts of the Midyear Financial Report, the county is already hinting that it will need the revenue from this sales tax increase to support/offset and expected general fund operating deficit.
The County’s General Fund and Health & Human Services (HHS) Levies combined available year-end balance is estimated at $120.4 million with an operating deficit of $9.1 million. The operating deficit exists even with the anticipated proceeds of $13 million from the sale of the County’s Skilled East property and the northern portion of the Youth Development Center in Hudson that is expected to take place in the third quarter. The $9.1 million deficit could be further reduced should these two properties sell for more than $13 million (or could increase if less than $13 million is received). . . .
On an individual fund basis, the General Fund is projected to have an operating deficit of $5.5 million (an $18.5 million operating deficit if one-time revenue is excluded) and the HHS Levy Funds a $3.6 million operating deficit. Sound financial management practices prohibit the use of one-time revenue sources for on-going operational needs since it only postpones the problem and more drastic measures are required to eliminate the deficit once the onetime revenue source expired. . . .
The All Funds available ending balance is estimated with a $15.3 million deficit as well. In addition to the deficits in the General Fund and HHS Funds, operating deficits are also anticipated in 40 of the other 89 funds that are included in the annual budget. As fund balances are depleted in these funds, agencies will have to seek revenue enhancements and/or program/expenditure reductions to avoid additional pressure being applied to the General Fund by these agencies seeking funding from the General Fund to continue services or programs previously financed with non-General Fund revenue. . . pg. I-1.
General Fund
On July 26, 2007, the Board of County Commissioners approved a one-quarter of one percent increase in the sales tax, increasing the current tax from 7.5% to 7.75% for a period of twenty years. The tax increase is expected to generate approximately $42 million additionally. The primary driver for this increase was to aid the financing of the public portion of the Medical Mart/Exhibition Hall presently being contemplated. This increase is reflected in the General Fund’s 2008 and 2009 revenue amounts; hence operating surpluses of $19.0 million and $7.0 million are forecasted, respectively. A $42 million reserve will be established to set aside the funds to finance the construction of a new exhibition hall should we be successful in attracting a medical mart. Excluding these reserves, the General Fund’s available ending balance to expenditure ratio in 2008 and 2009 drops to 17.1% and 6.6%, respectively, falling below the desired goal of maintaining a minimum balance of 20%. The drop in the available ending balance is directly linked to expenditures increasing and property taxes being diverted to pay for debt service on debt issuances for numerous capital projects. If the $42 million generated from the sales tax increase is subtracted from revenues, a $23 million operating deficit exists in 2008 and the deficit grows to $35 million in 2009. To bring operating expenditure in line with operating revenues assuming the full sales tax increase is set aside for the exhibition hall, a 6% expenditure reduction is needed in 2008 and another 3% in 2009. pg. I-2.
Between 2001 and 2004, Sales Tax remained relatively flat. In 2004 and 2005, sales tax jumped 5.2% and 2.1%,respectively primarily due to the expansion of sales tax on telecommunication services and other services that previously were not taxed. Sales tax dropped $336,053 to $168.6 million in 2006. As of July 2007, actual sales tax collections are 1.6% higher than the same point in time last year. It is estimated that 2007 sales tax of $170.3 million will be 1% higher than 2006’s collection. The 2008 estimate includes the additional revenue from the 0.25% increase. pg. I-4.
Sorry for the long post. But there it is, in black and white, published under the names of the County Commissioners. The "primary driver" for the sales tax increase? -- this implies that it was NOT the sole reason. "Assuming the full sales tax increase is set aside for an exhibition hall" -- this language in this report tells us that the Cuyahoga County Commissioners lied to us all along.
CEP
The Saga of Cleveland City Clerk Emily Lipovan
My recent post Rumors about Cleveland Clerk of Council Debunked and the revelations in the press the past week or so has made me look somewhat out of the loop.
I have remained silent until now out of respect for my source that led to the above-post. The source has now made it clear to me that I will not be jeopardizing our friendship if I disclose some additional facts that tell a bit more of the story than you'll read in the PD or see on local TV news.
My "source" for nay saying the rumors about Emily Lipovan, was Emily herself. She did not mislead me, nor did she use me and my blog to mislead you.
Emily is both my friend and my neighbor. We met when she was running for City Council and became instant friends, having a common bond for wanting to fight for the City of Cleveland even when it seems to want to destroy itself.
While I am not at liberty to divulge all of the gory details, I would like to point out that Emily is the only one who has remained silent through all of this. The only people talking are the Council President, Martin Sweeney, and a few council members, some critical and some coming to the defense of a person they consider to be a colleague and friend.
This is much more about a power play in City Council than it is about Emily Lipovan. For reasons that are personal to her and that she intends to keep private, at least as long as she can, although under the circumstances it looks less and less likely that she'll be able to; Emily decided some time ago that she wanted to return to her work with neighborhood development groups. She was more than willing to continue to fulfill her duties as City Clerk until she found another opportunity to return to the work she loves. She never asked for a severance package. In fact, a severance package was not her idea at all, but was proposed to her by others out of an apparent attack of guilt (that's my commentary and did NOT come from Emily).
Emily didn't go to the press. Martin Sweeney did. Emily didn't threaten a lawsuit, Martin Sweeney became preemptively defensive against the possibility of a lawsuit. But why? We may never know. Emily didn't raise any issue of sexual harassment in the press or the public eye, Martin Sweeney and other councilpeople did, ostensibly in Emily's defense, but it's my distinct impression that while she's appreciative of their support, she'd rather the whole thing be kept more private.
Perhaps there are other councilpersons who are unhappy with Martin Sweeney and are using this opportunity to weaken him to take over as council president. Perhaps Emily Lipovan inadvertently got caught up in this mess. She didn't say that to me, that's just my own commentary and educated guess.
Emily Lipovan is a discreet and consummate professional. I am not sure the same can be said for some of her co-workers at City Council.
Oh, as an aside, and this information did not come from Emily, but another source, the reason that you read on Cleveland.com today that Marty Sweeney withdrew the severance package and stated that Emily would be back to work this week is because under the City Charter, Marty does not have the power to hire or fire the City Clerk, the City Council does that. Marty doesn't have the votes to fire her or to give her the severance package he came up with.
I think this adds credibility to the supposition I alluded to earlier in this post. This is more about a power play for the Council President seat than it is about Emily Lipovan.
In any event, it'll be interesting to see what happens next.
CEP
I have remained silent until now out of respect for my source that led to the above-post. The source has now made it clear to me that I will not be jeopardizing our friendship if I disclose some additional facts that tell a bit more of the story than you'll read in the PD or see on local TV news.
My "source" for nay saying the rumors about Emily Lipovan, was Emily herself. She did not mislead me, nor did she use me and my blog to mislead you.
Emily is both my friend and my neighbor. We met when she was running for City Council and became instant friends, having a common bond for wanting to fight for the City of Cleveland even when it seems to want to destroy itself.
While I am not at liberty to divulge all of the gory details, I would like to point out that Emily is the only one who has remained silent through all of this. The only people talking are the Council President, Martin Sweeney, and a few council members, some critical and some coming to the defense of a person they consider to be a colleague and friend.
This is much more about a power play in City Council than it is about Emily Lipovan. For reasons that are personal to her and that she intends to keep private, at least as long as she can, although under the circumstances it looks less and less likely that she'll be able to; Emily decided some time ago that she wanted to return to her work with neighborhood development groups. She was more than willing to continue to fulfill her duties as City Clerk until she found another opportunity to return to the work she loves. She never asked for a severance package. In fact, a severance package was not her idea at all, but was proposed to her by others out of an apparent attack of guilt (that's my commentary and did NOT come from Emily).
Emily didn't go to the press. Martin Sweeney did. Emily didn't threaten a lawsuit, Martin Sweeney became preemptively defensive against the possibility of a lawsuit. But why? We may never know. Emily didn't raise any issue of sexual harassment in the press or the public eye, Martin Sweeney and other councilpeople did, ostensibly in Emily's defense, but it's my distinct impression that while she's appreciative of their support, she'd rather the whole thing be kept more private.
Perhaps there are other councilpersons who are unhappy with Martin Sweeney and are using this opportunity to weaken him to take over as council president. Perhaps Emily Lipovan inadvertently got caught up in this mess. She didn't say that to me, that's just my own commentary and educated guess.
Emily Lipovan is a discreet and consummate professional. I am not sure the same can be said for some of her co-workers at City Council.
Oh, as an aside, and this information did not come from Emily, but another source, the reason that you read on Cleveland.com today that Marty Sweeney withdrew the severance package and stated that Emily would be back to work this week is because under the City Charter, Marty does not have the power to hire or fire the City Clerk, the City Council does that. Marty doesn't have the votes to fire her or to give her the severance package he came up with.
I think this adds credibility to the supposition I alluded to earlier in this post. This is more about a power play for the Council President seat than it is about Emily Lipovan.
In any event, it'll be interesting to see what happens next.
CEP
Saturday, September 08, 2007
Update on Duct Cleaning Company
So far so good, as promised, the duct cleaning company called me between 8 and 8:30 this morning (8:20 to be exact) and told me that they would be here mid day - between 12:00 noon and 2:00 p.m. Hopefully, I'll be able to eat, if not even cook dinner tonight in air-conditioning, otherwise it may be pizza. Yum.
Speaking of pizza, for my $$$, Dina's Filling Station on Memphis Road in Old Brooklyn has the best pizza in town.
CEP
FINAL UPDATE:
Clean Air America, Inc. showed up at my house yesterday during the window of time promised and set to work trying to identify the source of the odor while setting up to do a complete cleaning of my furnace and duct work. While they were not able to locate the exact source of the odor (even after removing the blower fan from my furnace which is not included in their normal service and for which they DID NOT charge me extra $$$), they must have got the little bugger, because when they put everything back together and we started the air conditioning there was only a slight residual of the odor and by today (Sunday) is has disappeared completely.
Here is the link to the company's web site http://www.cleanairamerica.com/.
Recall that this company responded to my telephone message within 1/2 hour that I left on a Friday evening at about 6:30 p.m. They were at my house addressing my problem at 1:20 p.m. on Saturday less than 24 hours later.
The total cost for a complete cleaning and sanitizing of my duct system (we have a 2400 square foot, 5 bedroom master bungalow) was $387.72 which included a $40.00 off coupon they honored from the Gold Clipper Ad where I found the company. I was not expecting them to honor the coupon because of the "emergency" basis under which they scheduled me, but they did honor it even without me having to remind them that I had seen them from that ad.
Given the amount of gunk they removed from my duct-work (am even more certain hadn't been cleaned since house was building in 1934) I think it was well worth the price. I can already tell that my furnace/air conditioning unit is working more efficiently now that the ducts and blower motor are clean.
Color me satisfied.
CEP
Speaking of pizza, for my $$$, Dina's Filling Station on Memphis Road in Old Brooklyn has the best pizza in town.
CEP
FINAL UPDATE:
Clean Air America, Inc. showed up at my house yesterday during the window of time promised and set to work trying to identify the source of the odor while setting up to do a complete cleaning of my furnace and duct work. While they were not able to locate the exact source of the odor (even after removing the blower fan from my furnace which is not included in their normal service and for which they DID NOT charge me extra $$$), they must have got the little bugger, because when they put everything back together and we started the air conditioning there was only a slight residual of the odor and by today (Sunday) is has disappeared completely.
Here is the link to the company's web site http://www.cleanairamerica.com/.
Recall that this company responded to my telephone message within 1/2 hour that I left on a Friday evening at about 6:30 p.m. They were at my house addressing my problem at 1:20 p.m. on Saturday less than 24 hours later.
The total cost for a complete cleaning and sanitizing of my duct system (we have a 2400 square foot, 5 bedroom master bungalow) was $387.72 which included a $40.00 off coupon they honored from the Gold Clipper Ad where I found the company. I was not expecting them to honor the coupon because of the "emergency" basis under which they scheduled me, but they did honor it even without me having to remind them that I had seen them from that ad.
Given the amount of gunk they removed from my duct-work (am even more certain hadn't been cleaned since house was building in 1934) I think it was well worth the price. I can already tell that my furnace/air conditioning unit is working more efficiently now that the ducts and blower motor are clean.
Color me satisfied.
CEP
Friday, September 07, 2007
I Known Where United Way Can Get 42 Million Dollars
Cleveland United Way tries to raise $42 million
The estimated annual income from the non-voter authorized sales tax increase that goes into effect on Oct. 1 is $42 Million.
What say we tell the United Way to see the Cuy. County Commissioners for their $42 Million bucks. We're tapped out.
CEP
The estimated annual income from the non-voter authorized sales tax increase that goes into effect on Oct. 1 is $42 Million.
What say we tell the United Way to see the Cuy. County Commissioners for their $42 Million bucks. We're tapped out.
CEP
One Thing That May Be Worse Than Lice . . .
If you haven't been reading Write Likes She Talks lately, then you've missed out on a great deal of running commentary on the trials and tribulations of dealing with a youngster in your household who came home from school with head lice.
Kudos to Jill Miller Zimon for taking what would otherwise be a totally tragic situation and finding some humor in it, and in her exquisite writing style sharing that humor with us.
This evening we came home to turn our air conditioning on and immediately noticed the overwhelming and unmistakable smell of a rotting dead animal. We immediately accounted for our two cats (the dog, of course, made his presence known upon our entry in the door).
I had had this experience before at my office when a bird somehow lodged itself into the furnace unit and then died. So, being the industrious person I am, I set to work dismantling my furnace/air unit to remove said dead rotting animal so I could live like a civilized person -- in air conditioning.
Oh silly me. Furnaces, as you may not know, are built like Fort Knox. You can get the front panel off rather easily to the innards. However, actually getting inside the furnace where a dead rotting animal might lie requires significant more heating and cooling experience than I have managed to acquire.
Grudgingly, I accepted the fact that I was going to have to call a professional. Worse, I was going to have to call a professional on an "emergency" basis on a Friday night. That was going to cost me, I just knew it.
Being the practical (or depending on your particular viewpoint -- lazy) person that I am, I looked at the service tag dangling above my head and bellowed to my wife to fetch me the phone. (Whenever I do these home projects, I turn into my Dad, who never fetched for anything himself when he was working on a home "project" but always sent me or my brother for it -- my daughters are still too young for that, so I rely on my wife -- God love her. I suspect all husbands are like this, but only have hard evidence from my Dad and me.)
I called the number for W. F. Hahn & Sons and a pleasant sounding woman answered the phone, listened to my situation and promised that a service technician will call me within one hour. At this point, I was happy someone was going to call me at all before Monday. To my joy, the phone rang in about 10 minutes and it was "the guy" (never got his name) from W. F. Hahn and Sons.
He said something like, I'm not sure I got this dispatch right, can you explain to me what's going on. I explained that there was a dead animal in my furnace that needed to come out so I could turn on the air conditioning without having my house smell like rotting animal flesh. He first asked me if I was sure this smell was an animal -- sensing where he was going, I interrupted that I knew the musty, wet smell that sometimes happens when you first turn your air conditioning on when it has not been running for a time; and that I was CERTAIN that this was not the same smell. Sensing his doubt, I reassured him that I was quite capable of discerning between a wet musty smell and the odor of a dead rotting animal. I may be a mere lawyer, but my olfactory senses are fully intact.
He claimed that he had never heard of such a thing and that if there was an animal in my furnace that it would be too small to make a smell. He assured me that if a mouse or bird got in there and died, it would be too small to make an odor. He then told me that what I really needed was an exterminator, not a furnace technician. At that point I realized that "the guy" simply didn't want to leave the confines of his home (which I am sure was air-conditioned and not smelling like a dead rotting animal) to come to my non-air conditioned home to remove an actual dead rotting animal from my furnace. I politely let him off the phone, discouraged that I would never be able to find a furnace technician who would not treat me like a complete idiot on a Friday night and certain that I would have to live in my house until Monday without air-conditioning and with a dead rotting animal in my furnace.
Moral of the story: Don't call W.F. Hahn & Sons if you really need help with your furnace. They don't seem to want to put themselves out too much. Of course, what I didn't tell "the guy" was that we were going to be getting estimates on a new furnace in the next few months and that I certainly won't be calling his company for a quote.
Well, I've rambled on here long enough. Sparing you the in-between details, we eventually made contact with a duct/furnace cleaning company, who assured me that they receive calls about dead smelly animals all the time and who, to my great relief, agreed with me that an exterminator at this point was completely useless because the animal was already dead. This company claims to be coming to my house tomorrow morning, to remove the rotting dead animal and to clean the entire duct system in my house, which we have been meaning to do for some time now as our house was built in 1934 and I am reasonably sure that the ducts have never been cleaned.
Stay tuned on the duct cleaning company. If they live up to the expectations I have of them based on my phone conversation this evening, I'll be identifying them and singing their praises in a subsequent post.
CEP
Kudos to Jill Miller Zimon for taking what would otherwise be a totally tragic situation and finding some humor in it, and in her exquisite writing style sharing that humor with us.
This evening we came home to turn our air conditioning on and immediately noticed the overwhelming and unmistakable smell of a rotting dead animal. We immediately accounted for our two cats (the dog, of course, made his presence known upon our entry in the door).
I had had this experience before at my office when a bird somehow lodged itself into the furnace unit and then died. So, being the industrious person I am, I set to work dismantling my furnace/air unit to remove said dead rotting animal so I could live like a civilized person -- in air conditioning.
Oh silly me. Furnaces, as you may not know, are built like Fort Knox. You can get the front panel off rather easily to the innards. However, actually getting inside the furnace where a dead rotting animal might lie requires significant more heating and cooling experience than I have managed to acquire.
Grudgingly, I accepted the fact that I was going to have to call a professional. Worse, I was going to have to call a professional on an "emergency" basis on a Friday night. That was going to cost me, I just knew it.
Being the practical (or depending on your particular viewpoint -- lazy) person that I am, I looked at the service tag dangling above my head and bellowed to my wife to fetch me the phone. (Whenever I do these home projects, I turn into my Dad, who never fetched for anything himself when he was working on a home "project" but always sent me or my brother for it -- my daughters are still too young for that, so I rely on my wife -- God love her. I suspect all husbands are like this, but only have hard evidence from my Dad and me.)
I called the number for W. F. Hahn & Sons and a pleasant sounding woman answered the phone, listened to my situation and promised that a service technician will call me within one hour. At this point, I was happy someone was going to call me at all before Monday. To my joy, the phone rang in about 10 minutes and it was "the guy" (never got his name) from W. F. Hahn and Sons.
He said something like, I'm not sure I got this dispatch right, can you explain to me what's going on. I explained that there was a dead animal in my furnace that needed to come out so I could turn on the air conditioning without having my house smell like rotting animal flesh. He first asked me if I was sure this smell was an animal -- sensing where he was going, I interrupted that I knew the musty, wet smell that sometimes happens when you first turn your air conditioning on when it has not been running for a time; and that I was CERTAIN that this was not the same smell. Sensing his doubt, I reassured him that I was quite capable of discerning between a wet musty smell and the odor of a dead rotting animal. I may be a mere lawyer, but my olfactory senses are fully intact.
He claimed that he had never heard of such a thing and that if there was an animal in my furnace that it would be too small to make a smell. He assured me that if a mouse or bird got in there and died, it would be too small to make an odor. He then told me that what I really needed was an exterminator, not a furnace technician. At that point I realized that "the guy" simply didn't want to leave the confines of his home (which I am sure was air-conditioned and not smelling like a dead rotting animal) to come to my non-air conditioned home to remove an actual dead rotting animal from my furnace. I politely let him off the phone, discouraged that I would never be able to find a furnace technician who would not treat me like a complete idiot on a Friday night and certain that I would have to live in my house until Monday without air-conditioning and with a dead rotting animal in my furnace.
Moral of the story: Don't call W.F. Hahn & Sons if you really need help with your furnace. They don't seem to want to put themselves out too much. Of course, what I didn't tell "the guy" was that we were going to be getting estimates on a new furnace in the next few months and that I certainly won't be calling his company for a quote.
Well, I've rambled on here long enough. Sparing you the in-between details, we eventually made contact with a duct/furnace cleaning company, who assured me that they receive calls about dead smelly animals all the time and who, to my great relief, agreed with me that an exterminator at this point was completely useless because the animal was already dead. This company claims to be coming to my house tomorrow morning, to remove the rotting dead animal and to clean the entire duct system in my house, which we have been meaning to do for some time now as our house was built in 1934 and I am reasonably sure that the ducts have never been cleaned.
Stay tuned on the duct cleaning company. If they live up to the expectations I have of them based on my phone conversation this evening, I'll be identifying them and singing their praises in a subsequent post.
CEP
Thursday, September 06, 2007
When Did We Become So Complacent About Our Constitutional Rights?
In recent weeks, a theme has been emerging to me as I experience life here in Northeast, Ohio -- have we completely forgotten about our heritage as a "free" people? Have we become so lazy a citizenry that we've abdicated our responsibility to stand up for our constitutional rights; or to even understand what they are and why they are important? I'm beginning to think we have, and it's starting to tick me off.
Jess Hess noted it recently here in relation to an "arrest" of a shopper at Circuit City in Brooklyn, Ohio (which, to my mind, has always been a bit of a police state). Note well, too, the important and shocking comment to this post by Gloria Ferris regarding lack of understanding of where citizens can collect signatures for a referendum petition.
And what about the bizarre reaction to the recent case in the U.S. District Court, Northern District of Ohio, (known as Mikaloff) where Federal Judge James Gwin ruled that Ohio's law restricting convicted sex offenders from living within 1,000 feet of a school or daycare is unconstitutional as applied to persons who were convicted prior to that law's enactment?
The radio call-in talking head/law-and-order types are up in arms because of this ruling. The PD ran a story that only makes a fleeting reference to the constitutional freedom that is at stake in the case. (I'm not surprised as the only constitutional right that is held sacred by the MSM is located in the First Amendment to the Bill of Rights.)
All the print media articles I read online were apparently from the same press release or wire service, because they were nearly identical. Each of them, correctly, focused on the fact that the case hinged on the legal question of whether the law imposing the 1,000 foot restriction was designed for punishment of the convicted person or for the protection of the citizenry. Not one of them, however, paid any mind the underlying constitutional principle in play; to wit: the US Constitution's prohibition against ex post facto laws. This is the real issue of the case, not whether something is punishment.
Now, for the record, I have two young children, both girls; I get regular e-mail notifications from the Cuyahoga County Sheriff's Department when sexually oriented offenders move within one-mile of my home. I am a concerned parent and I am sympathetic with all other parents about the need to protect our children from harm. Having said that, I am not willing to throw away my fundamental constitutional rights, that, by the way, literally hundreds of thousands of people have volunteered to or been drafted into giving the last full measure of devotion to obtain and defend for me; for a law that may or may not provide any real protection for my family.
So, what is the constitutional prohibition against ex post facto laws; why do we have it; why is it important to protect?
It is important to assert this constitutional protection for liberty and against the possibility of a tyrannical government even if it means curtailing a law that seems intuitively good, like the prohibition against sex offenders living within 1,000 feet of a school. Why, you ask? Because, if we erode, even slightly, our constitutional protections against a tyrannical government, we open the door to the possibility of abuse of such a legal precedent that will lead to ex post factolaws that are not so innocuous.
And when one considers the lack of any real protection that the 1,000 foot restriction provides, as detailed by Judge Gwin in his ruling (described below) one should be very concerned about conceding even a sliver of our constitutional protections of liberty for the benefit of that law.
Judge Gwin, correctly I think, points out some real problems with the law, when he writes:
Defendants assert the residency restriction is rationally related to the non-punitive purpose of protecting school children from sex offenders near schools. The restriction does limit the access and opportunity that a sex offender will have in re-offending against a child walking in front of his residence to or from school. Yet, it only restricts a sex offender's place of sleep. It does not limit the offender's ability to occupy a residence in proximity to the school during school hours. It does not limit the offender's ability to go to any public park or drive on any street within 1,000 feet of a school. And it does not limit the offender's access to children in the offender's own neighborhood.
So, how much protection does this law really provide? And, is the protection it provides worth enough to justify eroding one of our fundamental constitutional protections of liberty against tyranny? I think no.
Judge Gwin, I think, also correctly answers in the negative with one of the most well-reasoned and legally correct opinions from the Northern District of Ohio that I have seen in a long, long time.
We must also not lose sight of the fact that Judge Gwin's ruling only applies to people who were convicted prior to the enactment of the restriction. It in no way affects the application of the law to folks who received the sex-offender designation after the law was enacted. So, to the extent the law works, it will work with regard to more recent convicted sex offenders, which makes the most sense anyway.
His Honor, by-the-way, and unlike the paid-for justices of the Ohio Supreme Court (see prior post here), is a lifetime presidential appointee and his ruling in this case, legally correct, though confounding the impulses of masses, is living proof of the need for a truly independent and appointed judiciary.
Judge Gwin's ruling gives me hope for the legal system and for the profession in which I practice.
CEP
Jess Hess noted it recently here in relation to an "arrest" of a shopper at Circuit City in Brooklyn, Ohio (which, to my mind, has always been a bit of a police state). Note well, too, the important and shocking comment to this post by Gloria Ferris regarding lack of understanding of where citizens can collect signatures for a referendum petition.
And what about the bizarre reaction to the recent case in the U.S. District Court, Northern District of Ohio, (known as Mikaloff) where Federal Judge James Gwin ruled that Ohio's law restricting convicted sex offenders from living within 1,000 feet of a school or daycare is unconstitutional as applied to persons who were convicted prior to that law's enactment?
The radio call-in talking head/law-and-order types are up in arms because of this ruling. The PD ran a story that only makes a fleeting reference to the constitutional freedom that is at stake in the case. (I'm not surprised as the only constitutional right that is held sacred by the MSM is located in the First Amendment to the Bill of Rights.)
All the print media articles I read online were apparently from the same press release or wire service, because they were nearly identical. Each of them, correctly, focused on the fact that the case hinged on the legal question of whether the law imposing the 1,000 foot restriction was designed for punishment of the convicted person or for the protection of the citizenry. Not one of them, however, paid any mind the underlying constitutional principle in play; to wit: the US Constitution's prohibition against ex post facto laws. This is the real issue of the case, not whether something is punishment.
Now, for the record, I have two young children, both girls; I get regular e-mail notifications from the Cuyahoga County Sheriff's Department when sexually oriented offenders move within one-mile of my home. I am a concerned parent and I am sympathetic with all other parents about the need to protect our children from harm. Having said that, I am not willing to throw away my fundamental constitutional rights, that, by the way, literally hundreds of thousands of people have volunteered to or been drafted into giving the last full measure of devotion to obtain and defend for me; for a law that may or may not provide any real protection for my family.
So, what is the constitutional prohibition against ex post facto laws; why do we have it; why is it important to protect?
It was included in the Constitution by the framers along with a prohibition on bills of attainder to guard against a tyrannical government passing specific criminal legislation directed at specific people or groups of people. It's companion, the prohibition of ex post facto laws prevents the government from making acts illegal after they were already done even though they were not illegal when they were done AND for increasing the punishment for illegal acts after the act had been committed.
Alexander Hamilton, in arguing for ratification of the Constitution by the states, said the following about bills of attainder and ex post factolaws in Federalist #84:
. . . the prohibition of ex post facto laws . . . are perhaps greater securities to liberty and republicanism than any [the Constitution] contains. The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.
It is important to assert this constitutional protection for liberty and against the possibility of a tyrannical government even if it means curtailing a law that seems intuitively good, like the prohibition against sex offenders living within 1,000 feet of a school. Why, you ask? Because, if we erode, even slightly, our constitutional protections against a tyrannical government, we open the door to the possibility of abuse of such a legal precedent that will lead to ex post factolaws that are not so innocuous.
And when one considers the lack of any real protection that the 1,000 foot restriction provides, as detailed by Judge Gwin in his ruling (described below) one should be very concerned about conceding even a sliver of our constitutional protections of liberty for the benefit of that law.
Judge Gwin, correctly I think, points out some real problems with the law, when he writes:
Defendants assert the residency restriction is rationally related to the non-punitive purpose of protecting school children from sex offenders near schools. The restriction does limit the access and opportunity that a sex offender will have in re-offending against a child walking in front of his residence to or from school. Yet, it only restricts a sex offender's place of sleep. It does not limit the offender's ability to occupy a residence in proximity to the school during school hours. It does not limit the offender's ability to go to any public park or drive on any street within 1,000 feet of a school. And it does not limit the offender's access to children in the offender's own neighborhood.
So, how much protection does this law really provide? And, is the protection it provides worth enough to justify eroding one of our fundamental constitutional protections of liberty against tyranny? I think no.
Judge Gwin, I think, also correctly answers in the negative with one of the most well-reasoned and legally correct opinions from the Northern District of Ohio that I have seen in a long, long time.
We must also not lose sight of the fact that Judge Gwin's ruling only applies to people who were convicted prior to the enactment of the restriction. It in no way affects the application of the law to folks who received the sex-offender designation after the law was enacted. So, to the extent the law works, it will work with regard to more recent convicted sex offenders, which makes the most sense anyway.
His Honor, by-the-way, and unlike the paid-for justices of the Ohio Supreme Court (see prior post here), is a lifetime presidential appointee and his ruling in this case, legally correct, though confounding the impulses of masses, is living proof of the need for a truly independent and appointed judiciary.
Judge Gwin's ruling gives me hope for the legal system and for the profession in which I practice.
CEP
Wednesday, September 05, 2007
What the "Locals" are Saying About the Michigan Upset
Whenever I tell people that I was born and raised in Michigan, I immediately get "that look" and then, without fail, the following sneering rhetorical question which always sounds more like a statement than a question -- "Oh. So you're a Michigan Fan." To which, I indubitably reply with pride the following, "No. I went to Michigan State University. I am a Spartan, not a Wolverine. Only Spartans hate the Wolverines more than the Buckeyes do."
See, up in Michigan the greatest intra-state sports rivalry is between the University of Michigan and Michigan State. Now that I've been an Ohioan for a third or so of my life, I have become, inevitably, a Buckeye fan too; unless, of course, they're up against the Spartans, and then, well, I still bleed green and white, k? (Yeah, right now Ronald Dorr, my freshman year writing professor, is wincing at all the superfluous punctuation.)
So, anyway; as a tried and true Spartan, I, like my Buckeye brethren have been relishing the unbelievable loss of U of M to Appalachia State U. You know, Go Spartans! Go Bucks!, Michigan Sucks! as all that jazz.
I was surfing for news coverage local to Appalachia State U. and came across the following article from the Charlotte Observer:
Go Apps!
Football powerhouse in Boone shows No. 5 Michigan
I thought the article was very entertaining, especially this bit excerpted below about the BCS Championship. Click through to read the whole thing, it's a gas.
GO MSU!!!
CEP
See, up in Michigan the greatest intra-state sports rivalry is between the University of Michigan and Michigan State. Now that I've been an Ohioan for a third or so of my life, I have become, inevitably, a Buckeye fan too; unless, of course, they're up against the Spartans, and then, well, I still bleed green and white, k? (Yeah, right now Ronald Dorr, my freshman year writing professor, is wincing at all the superfluous punctuation.)
So, anyway; as a tried and true Spartan, I, like my Buckeye brethren have been relishing the unbelievable loss of U of M to Appalachia State U. You know, Go Spartans! Go Bucks!, Michigan Sucks! as all that jazz.
I was surfing for news coverage local to Appalachia State U. and came across the following article from the Charlotte Observer:
Go Apps!
Football powerhouse in Boone shows No. 5 Michigan
I thought the article was very entertaining, especially this bit excerpted below about the BCS Championship. Click through to read the whole thing, it's a gas.
Appalachian State plays in the NCAA's Football Championship Subdivision, which is the technical term the NCAA uses to denote those colleges that are smart enough to have figured out how to hold a real championship playoff series.
The NCAA's largest colleges haven't been able to figure out how to do that. They depend upon a complicated system of rankings that is based, as we understand it, on a combination of the infield fly rule, the IRS's wash sale formula and the ninth law of thermodynamics to figure out who will play in a bowl somewhere for a mythical championship.
But Appalachian State has figured out a lot of stuff, including how to take on a national power in a fabled stadium jam-packed with more than 109,000 people and leave the place with about 109,000 cases of shell shock, including about 3,000 ASU fans. The Mountaineers visited the No. 5-ranked University of Michigan Saturday and defeated the Wolverines 34-32 in a stunning display of guts and glory.
GO MSU!!!
CEP
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