Jed Bartlet on our right to be angry

Maureen Dowd's 2008 Sunday New York Times column, setting forth advice from the fictional character, President Jed Bartlett, on the West Wing, in consultation with Aaron Sorkin, to then-candidate Barack Obama.

And you’re worried about seeming angry? You could eat their lunch, make them cry and tell their mamas about it and God himself would call it restrained. There are times when you are simply required to be impolite. There are times when condescension is called for!

IN HAEC VERBA: In case you were wondering why the Bridge of Lions lights were burning in the daytime, ask SKANSKA and FLORIDA POWER & LIGHT COMPANY

Good afternoon Mr. Slavin,

Below is a response to the telephone message you left at my office regarding who pays the light bill on the Bridge of Lions and asking why the lights are on every morning. Skanska currently pays the light bill for the Bridge of Lions. The lights have remained turned on since last Friday evening, July 23, 2010. A contactor had burned and had to be temporarily bypassed in order to maintain light on the Bridge of Lions at night. Because the contactor is temporarily bypassed, the lights remain on. The contactor appears to have been damaged as a result of the FP&L power outage last Friday afternoon, July 23, 2010. The contactor will be replaced.

Sincerely,

Laurie Sanderson
Public Information Officer
Bridge of Lions Rehabilitation Project
(904) 825-3647


Dear Ms. Sanderson:
Thank you for your response. Will DOT and SKANSKA seek compensation from FP&L, or will SKANSKA agree not to bill DOT?
Thank you.
Sincerely,
Ed Slavin

St. Petersburg Times Editorial: Former Manatee County sheriff merits closer scrutiny :

In Print: Sunday, April 6, 2008

Charlie Wells, the powerful Manatee County sheriff who retired last year with more than a year left on his term, accrued a net worth of $8-million while in office and inspired fear in those who dared to question him. During the politically connected sheriff's 23-year tenure, many questions were raised about his personal financial gains on the job, the way his office's finances were handled, and the lawless behavior of some of his deputies. But a yearslong investigation by the Justice Department was suspiciously dropped in the years after George Bush was elected president.

Could it be that Wells' political connections — he had been on former Gov. Jeb Bush's transition team and other advisory panels — helped quash the investigation? Wells denies any wrongdoing, but the allegations are certainly worth a closer look by Congress.

An investigation by St. Petersburg Times Senior Correspondent Susan Taylor Martin uncovered a disturbing pattern of loose ethics that dotted Wells' career, particularly involving questions that he allowed his private business interests to overlap his public duties.

Some of these allegations involve Wells' wife, Leslie Wells, a real estate developer, who was involved in an advantageous deal after she formed a real estate corporation with friends. The company purchased 1,000 acres in a rural part of the county and asked the county's planning staff for permission to build 301 upscale homes. Planners turned down the development request as being incompatible with the surrounding land use and contributing to urban sprawl. But the County Commission approved it 4-3. At least one vocal opponent to the plan said she received a personal call from Charlie Wells, strongly suggesting she stop maligning his wife. By the time Wells left office, he disclosed that his interest in the development was worth more than $3-million.

Under Wells, the Mantatee County Sheriff's Office was the subject of a sweeping federal investigation into an elite group of deputies known as the Delta Squad. In the process of discovering that a group of Delta Squad members planted evidence and lied on search warrants, among other crimes, the lead federal prosecutor heard allegations involving Wells himself.

Initially, when Assistant U.S. Attorney Jeffrey Del Fuoco turned his gaze to Wells there were no roadblocks. But that changed after the Republican takeover in Washington. Soon thereafter, Del Fuoco's investigation was stymied by higher-ups.

There have been serious allegations that the Justice Department under President Bush has been politicized and that partisan affiliations influence how the law is administered. What happened to the Wells investigation has the markings of Republican officials protecting one of their own.

According to a sworn statement by now-retired FDLE Agent Mark Flint, after Del Fuoco and another prosecutor were taken off the Wells investigation, Flint was told in a meeting with the U.S. Attorney's Office in 2003 that because Wells "swings a big bat" no more investigations would target him.

That meant a host of queries would not be pursued, including evidence that Wells illegally borrowed $8.5-million from out-of-state banks for a series of office-related lease-purchase contracts; allegations of improper accounting of the sheriff's cattle operations (which were an attempt to save money on jail food costs); and a very disturbing report that a Manatee sheriff's employee had run the tag numbers of Del Fuoco's car to get his home address.

For three days during a time when Del Fuoco was still investigating Wells, a black car with tinted windows was parked near Del Fuoco and his wife's home. The driver identified himself as a private investigator.

Despite repeated requests to his boss, U.S. Attorney Paul Perez, who had made a courtesy visit to Wells soon after his appointment in 2002, Del Fuoco was denied protection for himself and his family.

Out of fear and frustration, Del Fuoco filed a lawsuit against Wells and others in the Sheriff's Office for illegally accessing law enforcement data banks to "harm, injure and harass" him. Wells countered that Del Fuoco tried to extort $500,000 from him. The lawsuit was eventually dismissed, and all sides later dropped all claims. But the misguided effort helped to derail Del Fuoco's career and he eventually resigned.

The judiciary committees of the House and Senate are both currently investigating the way the Bush Justice Department manipulated the law to protect political supporters and go after opponents. The premature shut-down of the Wells investigation seems to fit this mold and merits congressional attention.

From the swirl of allegations, Wells appears to be one of those Southern sheriffs who is politically untouchable despite a record of questionable conduct. In testimony before a federal grand jury, R.B. "Chips" Shore, Manatee's clerk of court, said that everyone is "scared to death" of Wells and anyone who has "started looking at him always quits."

Wells' alleged dealings are still deserving of law enforcement attention, but we will likely have to wait for a new administration for that.

FOLIO WEEKLY: BLOWN AWAY -- St. Johns County whistleblowers say they got the shaft for reporting what’s wrong

Candice Tabb notes that the county once thought
enough of her abilities to ask her to take over contract
negotiations with the carpenters’ union.

Two St. Johns County employees who
were fired after they reported fraud
say the recent treatment of St. Augustine
Amphitheatre General Manager Ryan Dettra
is typical of an administration that believes
in punishing the messenger.
Dettra, who was suspended after raising
questions about County Administrator Michael
Wanchick’s management of a contract to build
the Ponte Vedra Concert Hall, was ultimately
placed on probation and had his salary cut by
$4,000 a year.
According to two other former county
employees, Dettra was lucky.
Cory Mara, a former geographic
information systems specialist with the
county’s Growth Management division, was
fired on Nov. 10, 2009, for using his county
computer to visit eBay, CraigsList and check
his personal e-mail. Personal use of a county
computer is a violation of county policies,
and Mara concedes the point. But he believes
the real reason for his dismissal was the
anonymous complaint he filed with the
county’s Fraud, Waste and Abuse unit on
Sept. 17, 2008. In the complaint, Mara said
that a local building contractor was forging
signatures on electrical permits, notarizing
his own signature in violation of the law and
submitting fabricated county Certificates of
Occupancy to his bank. Instead of going after
the contractor, Mara says the county launched
a full-scale investigation of him.
“If I had to do it all over again, I wouldn’t
have said anything,” says Mara, who worked for
the county for 12 years before his termination.
Former Personnel Services employee
Candice Tabb says something similar
happened to her. She was fired after 18 years
of working for the county for “unsatisfactory
work performance.” She previously held the
title of Human Resources Manager, noting
that the county once thought enough of her
abilities to ask her to take over contract
negotiations with the United Brotherhood of
Carpenters and Joiners Local 1820, following
the departure of her department head. Tabb
says she got the negotiations back on track
and had the contract ready for the St. Johns
County Commission’s signature when her
new supervisor interceded and added new
conditions, prompting the union to back out.
Tabb says she was fired because the contract
wasn’t ready for the Nov. 17 commission
meeting, and she was never given an
opportunity to explain what had happened.
Like Mara, she feels the real reason for her
termination is partly because she complained
to the county’s Fraud, Waste and Abuse unit
about a fellow employee whom she thought
was committing insurance fraud by adding
her granddaughter to her medical policy.
“It’s all politics and a lot of lies and coverup,”
says Tabb. “They basically set me up.”
Both Mara and Tabb have filed lawsuits
against the county contesting their termination
and alleging the county violated protections
they should have been given under the state
Whistle-blower’s Act. The county has moved
to have both lawsuits dismissed.
Mara says his punishment for Internet
use was heavy-handed and way out of line,
compared to the punishment meted out to
other employees for similar infractions.
He produced a letter addressed to another
employee of the county’s Information Services
department in 2007 who had browsed on
LLBean.com, buy.com, mileyworld.com,
pricegrabber.com, samsclub.com and other
sites on his county computer. Instead of being
terminated, that employee was reminded of
conversations he’d had with a supervisor in
the past regarding his web surfing, and given
a written warning that said the next step
would be a three-day suspension without pay.
Although Mara made his first complaint
anonymously, he followed up with a signed
complaint, which he gave to a member of the
county’s Planning and Zoning Agency, who in
turn met with several county administrators
to discuss it. Because the allegations included
possible criminal action, the Clerk of the
the matter over to the local Sheriff ’s Office.
Sheriff ’s Office investigators confirmed that
electrical permits had been forged, and
fraudulent Certificates of Occupancy had been
created by Brian Beverly of Beverly & Harrison
Construction Inc. When Det. Timothy
Robertson asked Beverly about it, he said he’d
gotten the phony COAs from Mara.
At that point, Mara says, the fraud
investigation turned toward him. Although
neither the county nor the sheriff ’s investigator
ever told him about Beverly’s allegation, they
began an exhaustive review of Mara’s computer
records and e-mails. The county found nothing
linking the fraudulent COAs to Mara. They
did, however, discover that he was visiting
eBay and other websites, such as Folio Weekly’s
blog Flog, on the county computer.
While Mara was fired, Beverly was allowed
to bring the electrician whose signature he’d
forged to county offices in order to “correct”
the permits with his actual signature.
Meanwhile, Beverly’s bank declined to take
action. Although the fabricated COAs might
have constituted bank fraud, if they’d
prompted the bank to release money to
Beverly & Harrison, the bank said it had not
released any money based on the COAs and
that the company was current on its loans.
Months later, however, the electrician
himself complained to the Sheriff ’s Office,
saying Beverly was forging his signature
on permits. The Sheriff ’s Office told him
they would refer the matter to the state
Department of Business and Professional
Regulation. In the end, the agency fined
Beverly’s partner Michael Harrison $100 for
“misusing” his certified residential contractor
license. It was the only punishment to come
out of the forgeries — unless you believe, as
Cory Mara does, that his own dismissal was
a result.
“From the time I called the Fraud, Waste
and Abuse hotline,” says Cory Mara, “it was a
witch hunt.”
Susan Cooper Eastman
sceastman@folioweekly.com

AKERMAN SENTERFITT -- Frequently in Court, How Frequently Adverse to State Attorney General?

MANATEE COUNTY, FLORIDA CLERK R.B. "CHIPS" SHORE


See below.

The Second DCA just decided a case adverse to AKERMAN SENTERFITT and its client, 33-year veteran R.B. "CHIPS" SHORE, CLERK of COURTS, MANATEE COUNTY, Respondent.

We can't imagine our St. Johns County Clerk of Courts, Cheryl Strickland, behaving this way. We can't imagine why AKERMAN SENTERFITT took this case on appeal, other than to make more money for its partners from R.B. "CHIPS" SHORE, CLERK of COURTS, MANATEE COUNTY.

SHORE has already been billed nearly $10,000 by AKERMAN SENTERFITT in a case in which the Court of Appeals denied any oral argument. Mr. SHORE may spend more money on AKERMAN SENTERFITT if he decides to ask for reconsideration or permission to appeal to the Florida Supreme Court.

Eschewing the rule that an appellate record is paper, SHORE and AKERMAN SENTERFITT somehow supposed that a CD-ROM sufficed.

They were wrong.

AKERMAN SENTERFITT is often wrong.

AKERMAN SENTERFITT is the band of brigands who billed our City of St. Augustine more than $200,000 for the dubious proposition that illegally-dumped solid waste dumped in our Old City Reservoir (in the African-American community of West Augustine) could somehow legally be brought back to the African-American community Lincolnville (2000 truckloads) and, mirabile ductu, turned into a "park." We paid for AKERMAN SENTERFITT's mistakes. Cleanup was required and ordered by the State of Florida after we blew apart AKERMAN SENTERFITT's smoke and mirrors. The City and State agreed that the State of Florida was right in the first place, ordering the waste -- 40,000 cubic yards of it, or enough to fill in six Olympic sized swimming pools to a depth of six feet -- deposited in a Class 1 landfill.

We're not the only ones who have paid the price for AKERMAN SENTERRFITT's corporate arrogance.

Representing corporate and government wrongdoers (like MANATEE COUNTY and our CITY OF ST. AUGUSTINE), AKERMAN SNETERFITT and its stable of hired guns are often adverse to the State Attorney General, a post coincidentally coveted by longtime shareholder/partner (he says "of counsel) DANIEL SAUL GELBER.

From how many cases might DAN GELBER have to recuse himself?

That's why I've filed an Open Records Request with the AG today.

See below.

Also, in the interest of fairness, here's Mr. SHORE's press release:

Clerk Loses 2nd DCA Appeals Court Ruling for Being A Conscientious Steward of Public Funds

Thursday, July 29, 2010—As state and local budgets continue to shrink, public agencies across Florida strive to find more efficient ways to serve the public. In many cases, technology offers solutions that lower costs and minimize the complexity of previously manual processes. In March 2010, Manatee County Clerk of the Circuit Court, R.B. “Chips” Shore used technology to achieve both of those outcomes and has now been sued by the State of Florida’s Attorney General’s Office and the Public Defender of the Tenth Judicial Circuit.

At issue is Shore’s use of technology to provide all necessary copies of original transcripts for indigent criminal appeals. In March, the Clerk’s office began providing transcripts on CD-Rom to the Attorney General and the Public Defender. The decision to provide transcripts in electronic format is based on Administrative Order 2010-1-2 signed by the Honorable Lee Haworth, Chief Judge of the Twelfth Judicial Circuit, in re: Court Reporting Plan. A portion of the plan calls for the clerk to provide copies of transcripts for indigent criminal appeals. “In all publicly-funded cases the clerk of the lower tribunal, rather than the court reporter, shall prepare all necessary copies of the original transcripts…the court reporter shall furnish electronic copies of all transcripts in Microsoft Word on a CD-Rom to the clerk…” Instead of printing out voluminous copies of the transcripts at taxpayers’ expense, Mr. Shore prepared copies of the CD-Rom provided to his office by the court reporter along with the Record on Appeal and the index of the transcript.

In response to Mr. Shore’s decision to provide electronic copies to their offices, Attorney General and the Public Defender filed a joint motion to compel the Manatee County Clerk’s office to prepare records on appeal in paper form and to maintain the status quo. They also filed a petition for writ of mandamus or emergency relief. The Attorney General and the Public Defender want paper copies for their indigent criminal clients and they want the Manatee Clerk and taxpayers to continue to bear that expense.

On June 1, 2010, Mr. Shore filed responses to both motions with the Second District Court of Appeals. In the responses he cites the statutes, rules and orders that give him the discretion and legal authority to provide copies electronically. First, the Florida Supreme Court, by administrative order, has authorized the Manatee County Clerk of Court to operate as a paperless clerk of court and has stated, “The clear policy of the Florida Supreme Court is that advances in technology should benefit the people whenever possible by lowering financial and physical barriers to public record inspection…Florida's court system as a whole is working toward the day when electronic filing of all court documents will be an everyday reality.”

Second—and consistent with the Florida Supreme Court orders—Florida Statutes governing clerks of court mandate that clerks operate electronically, and further, provide clerks of court with the option of how records are to be maintained and reproduced. In 2009, the Florida legislature mandated that clerks of court were to operate electronically no later than March 1, 2010. Last, the rules of court and appellate procedure in no way prohibit the Clerk from providing transcript copies in electronic, rather than paper, format.

Today, the Second District Court of Appeals (DCA) issued an opinion granting the petition for the writ of mandamus. Citing the Florida Rules of Appellate Procedure 2.535 (f)(1) and 9.140 (f)(2)(F), the DCA concludes that the Clerk is required to prepare paper copies of the transcripts for the parties. Rule 2.535(f)(1) defines the default format of a transcript as the traditional bound paper format. Rule 9.140(f)(2)(F) directs the clerk to prepare copies of the "original transcripts."

“The decision makes no sense in this age of technology and the current state of the economy. We have the pilot program from the Florida Supreme Court under which we are authorized to operate paperless, and the cost of printing transcripts on paper when they are available electronically is a waste of taxpayer dollars. While we have no choice but to comply with the decision for now, we intend to ask the Second District to certify the matter as a question of great public importance to the Florida Supreme Court and otherwise seek Florida Supreme Court review,” says Shore.

(end of SHORE press release). No AKERMAN SENTERFITT press release.

Evidently AKERMAN SENTERFITT only runs press releases when it hires new judges and other partners, or when it succeeds in beating consumers and the enviornmental and public interest.

IN HAEC VERBA: OPEN RECORDS REQUEST TO FLORIDA ATTORNEY GENERAL WILLIAM McCOLLUM

1. In how many cases currently being handled by the AG is Akerman Senterfitt representing one of the parties?

2. In how many cases is Akerman Senterfitt representing the State of Florida?

3. Please send me a printout of the cases in quo, their style, status and AG counsel and Akerman Senterfitt counsel assigned.

4. Please send me the SOP for recusal of the AG or assistants.

Thank you.

IN HAEC VERBA: Appellate Court and Attorney General Both Reject Bogus AKERMAN SENTERFITT Argument Against Providing Transcripts in Appeals Court Cases

STATE v. SHORE

STATE OF FLORIDA, OFFICE OF ATTORNEY GENERAL, and THE PUBLIC DEFENDER, TENTH JUDICIAL CIRCUIT, Petitioners,
v.
HON. R.B. "CHIPS" SHORE, CLERK, MANATEE COUNTY, Respondent.

Case No. 2D10-1932.

District Court of Appeal of Florida, Second District.

Opinion filed July 28, 2010.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa; James Marion Moorman, Public Defender, and Robert A. Young, Assistant Public Defender, Bartow, for Petitioners.

Katherine E. Giddings of Akerman Senterfitt, Tallahassee, and Edwin T. Mulock, Bradenton, for Respondent.

WHATLEY, Judge.

The Attorney General for the State of Florida and the Public Defender for the Tenth Judicial Circuit have filed jointly against the Manatee County Clerk of the Circuit Court a petition for writ of mandamus. The petitioners complain that the Clerk, in more than twenty criminal and juvenile appeals since March 2010, has provided the petitioners with only CD-ROMs containing the trial transcripts in Microsoft Word. The petitioners claim that the Clerk's failure to provide them with paper copies of the transcripts violates certain rules of procedure. They ask this court to direct the Clerk to provide them with paper copies. Because we conclude that the Clerk has not complied with his ministerial duty to provide the petitioners with the trial transcripts in the paper format required by the relevant rules of procedure, we grant the petition.
Facts and procedural history

On January 7, 2010, the chief judge of the Twelfth Judicial Circuit issued an administrative order. In pertinent part, this order directs as follows, with respect to felony appeals:

In all publicly-funded cases the clerk of the lower tribunal, rather than the court reporter, shall prepare all necessary copies of the original transcripts [footnote citation to Florida Rule of Appellate Procedure 9.140(f)(2)(F)]. Pursuant to Rule 9.200(b)(2), AOSC07-41, and AOSC07-28, the court reporter shall furnish electronic copies of all transcripts in Microsoft Word on a CD-Rom to the clerk of the lower tribunal and the parties.[ 1 ]

In response, on March 5, 2010, the Manatee County Clerk of the Circuit Court issued the following memorandum to "All Appeal Attorneys":

A new Administrative Order in our Circuit makes "the clerk of the lower tribunal, rather than the court reporter, the preparer of all necessary copies of the original transcripts."

Enclosed is a copy of the transcript(s) on CD-ROM which have been provided to the clerk by the court reporter. Also enclosed is the Record on Appeal and the index.

If you should have any questions, please feel free to contact [employee name] at [phone number].

Thank you in advance for your cooperation in this matter.

Based on the administrative order, the court reporter now sends the Clerk the original paper transcripts and a CD-ROM containing Microsoft Word files of the transcripts. The Clerk apparently duplicates the CD-ROM and forwards a CD-ROM to each of the appellate attorneys, including the petitioners in this proceeding. The Clerk forwards the paper original of the transcripts to this court. The Clerk also forwards the record other than the transcript to all recipients in traditional bound paper format.

The Attorney General and the Public Defender assert that the Clerk is violating the appellate rules by failing to provide them with paper copies of the transcripts. They also argue that their budgets do not cover the costs of printing their own paper copies and that problems with inconsistent pagination among the parties and this court may arise if the petitioners have to rely on the CD-ROM versions of the transcripts. As a result, the Public Defender has been delaying processing the appeals pending resolution of the present petition. The Clerk asserts that he is following the rules correctly while operating under statutory and supreme court mandates to go paperless, that the Clerk's budget is likewise limited, and that any problems with pagination would be the fault of the court reporter.
Discussion

The resolution of the issue of whether the Clerk may provide the parties with transcripts in CD-ROM format only is grounded in the rules of judicial administration and appellate procedure.[ 2 ] Florida Rule of Judicial Administration 2.535(a)(6) defines "official record" as "the transcript, which is the written record of court proceedings and depositions prepared in accordance with the requirements of subdivision (f)." Rule 2.535(f) reads, in pertinent part:

(f) Transcripts. Transcripts of all judicial proceedings, including depositions, shall be uniform in and for all courts throughout the state. The form, size, spacing, and method of printing transcripts are as follows:

(1) All proceedings shall be printed on paper 8 ½ inches by 11 inches in size and bound on the left.

Fla. R. Jud. Admin. 2.535(f)(1); see also Moorman v. Hatfield, 958 So. 2d 396, 400 (Fla. 2d DCA 2007) (Altenbernd, J., concurring) (discussing rule 2.535 and noting that an audio compact disc does not constitute a transcript). The remainder of rule 2.535(f) delineates further technical specifications for transcripts such as font size and indentation. Individual volumes must be no more than 200 pages in length. Fla. R. Jud. Admin. 2.535(f)(9); see also rule 9.200(b)(2) (providing for the same 200-page limitation).

The core appellate rule concerning the record is Florida Rule of Appellate Procedure 9.200. Rule 9.200(a)(1) defines the record as "the original documents, all exhibits that are not physical evidence, and any transcript(s) of proceedings filed in the lower tribunal," with the exception of certain documents not at issue here. Rule 9.140 delineates the procedures for criminal appeals. As for the record in criminal appeals, rules 9.140 and 9.200 are to be read together to determine the appropriate procedures. See Fla. R. App. P. 9.140(f)(1) ("The clerk of the lower tribunal shall prepare and serve the record prescribed by rule 9.200 within 50 days of the filing of the notice of appeal."); see also Fla. R. App. P. 9.140 committee notes, 1977 amend. ("Subdivision [(f)] applies rule 9.200 to criminal appeals and sets forth the time for preparation and service of the record, and additional matters peculiar to criminal cases.").[ 3 ]

Rule 9.200(b)(2) requires the court reporter or transcriptionist to "transcribe . . . the designated proceedings" "[w]ithin 30 days of service of a designation."[ 4 ] The routing of transcripts, once prepared by the court reporter, differs between the two rules. The default routing procedure delineated in rule 9.200(b)(2) requires the court reporter to distribute the transcripts by serving copies on the designated parties and filing the originals with the clerk of the lower tribunal. The transcripts must be distributed in paper format and as an "electronic copy":

Within 30 days of service of a designation, . . . the approved court reporter, civil court reporter, or approved transcriptionist shall transcribe and file with the clerk of the lower tribunal the designated proceedings and shall serve copies as requested in the designation. In addition to the paper copies, the approved court reporter, civil court reporter, or approved transcriptionist shall file with the clerk of the lower tribunal and serve on the designated parties an electronic copy of the designated proceedings in a format approved by the supreme court. If a designating party directs the approved court reporter, civil court reporter, or approved transcriptionist to furnish the transcript(s) to fewer than all parties, that designating party shall serve a copy of the designated transcript(s), in both electronic and paper form, on the parties within 5 days of receipt from the approved court reporter, civil court reporter, or approved transcriptionist. The transcript of the trial shall be securely bound in consecutively numbered volumes not to exceed 200 pages each, and each page shall be numbered consecutively. . . .

Fla. R. App. P. 9.200(b)(2) (emphasis added). The clerk then transmits the record, including the transcripts, to the appeals court. Fla. R. App. P. 9.200(d)(3).

In derogation of this procedure in criminal appeals, the court reporter does not forward copies of the transcripts to the parties. Rather, the court reporter files with the clerk of the lower tribunal the "original transcripts for the [appeals] court" and "sufficient copies for the state and all indigent defendants." Fla. R. App. P. 9.140(f)(2)(C). The clerk then distributes the record, including the transcripts or the copies, to the appeals court and the parties. Fla. R. App. P. 9.140(f)(4).

However, rule 9.140(f) provides for an exceptional procedure — the cause of the dispute here — whereby the court reporter files only the transcripts with the clerk, who must then make copies for distribution to the parties: "The lower tribunal may by administrative order in publicly-funded cases direct the clerk of the lower tribunal rather than the approved court reporter or approved transcriptionist to prepare the necessary copies of the original transcripts." Fla. R. App. P. 9.140(f)(2)(F). The chief judge effected this exception by issuing Administrative Order 2010-1.2, as recited above.[ 5 ] The clerk then distributes the record, including the transcripts or the copies, to the appeals court and the parties. Rule 9.140(f)(4).

The petitioners argue that the provision of rule 9.200(b)(2) requiring the court reporter to provide the clerk of the lower tribunal and the parties with both paper and electronic copies of the transcripts mandates that the Clerk provide the petitioners with paper copies. The Clerk argues that rule 9.140(f)(2)(F) says nothing about transcript format and that the format provisions of rule 9.200(b)(2) are not directed to clerks; therefore, the Clerk may provide an electronic copy rather than a paper copy if the Clerk so chooses, consistent with the paperless trend and the authority summarized earlier.[ 6 ]
Conclusion

Although the plain language of rule 9.200(b)(2) is in the Clerk's favor,[ 7 ] we nevertheless conclude that rules 2.535(f)(1) and 9.140(f)(2)(F), read together, require the Clerk to prepare paper copies of the transcripts for the parties.[ 8 ] Rule 2.535(f)(1) defines the default format of a transcript as the traditional bound paper format. Rule 9.140(f)(2)(F) directs the clerk to prepare copies of the "original transcripts." As such, the Clerk must copy the paper transcripts, not copy (or, not copy only) the court reporter's CD-ROM onto additional CD-ROMs for the parties. We further conclude, based on the use in rule 9.140(f)(2)(C) and (F) of the unmodified term "copies," that the copies of the paper transcripts must also be on paper.[ 9 ] Though not directed to clerks, the language of rule 9.200(b)(2) supports the view that the paper version of the transcripts is the default and that the electronic version is, for the time being at least, an extra: "In addition to the paper copies, the approved court reporter . . . shall file . . . and serve . . . an electronic copy" (emphasis added).[ 10 ]

We conclude also that the requirements for issuance of a writ of mandamus have been met. Pursuant to the rules just discussed, the Clerk has a legal duty to provide copies of transcripts in a specified format and the petitioners have a clear legal right to that performance. See, e.g., Fla. Parole Comm'n v. Criner, 642 So. 2d 51, 52 (Fla. 1st DCA 1994) (noting that "[t]he entitlement to mandamus relief is dependent upon the showing of clear legal right on the part of the petitioner, and an indisputable legal duty of the part of the respondent"). Additionally, the act is ministerial; the Clerk has no discretion to prepare or not prepare the copies. See Lee County v. State Farm Mut. Auto. Ins. Co., 634 So. 2d 250, 251 (Fla. 2d DCA 1994) ("It is fundamental to the writ [of mandamus] that the legal duty of the public agency must be ministerial in nature and not discretionary"). Finally, we conclude that no other adequate remedy exists to ensure that the Clerk performs his duties. See Shevin ex rel. State v. Pub. Serv. Comm'n, 333 So. 2d 9, 12 (Fla. 1976), abrogated on other grounds by In re Emergency Amendments to Rules of Appellate Procedure, 381 So. 2d 1370 (Fla. 1980).

The petition for writ of mandamus is granted with instructions to the Clerk to provide the petitioners with bound paper copies of the transcripts in those criminal appeals in which the Clerk has provided only CD-ROMs or other nonpaper media and, going forward, to provide parties with paper copies of transcripts in all criminal appeals in which copies are required, subject to amendments to the rules of procedure and supreme court orders that may issue in the future. Because the sequence in which the Clerk provides the paper copies of the transcripts in the outstanding appeals is not ministerial, we issue no further instructions but urge the Clerk to prepare and forward the copies in the order in which the originals were received from the court reporter.

As we are confident that the Clerk will promptly comply with this ruling, we withhold formal issuance of the writ. This ruling is effective immediately and its effect will not be delayed by the filing of a motion for rehearing or other postdecision motion.

Petition granted.

NORTHCUTT and BLACK, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
1. Admin. Or. 2010-1.2, Fla. 12th Jud. Cir. Ct., ¶ VII.D. (Jan. 7, 2010) (available at http://www.jud12.flcourts.org/LinkClick.aspx?fileticket=F9qmwaSI59w%3d &tabid=114&mid=546). This administrative order has been superseded by a subsequent order. See Admin. Or. 2010-9.2, Fla. 12th Jud. Cir. Ct. (May 3, 2010) (available at http://www.jud12.flcourts.org/LinkClick.aspx?fileticket= EMqg3BuQrUc%3d&tabid=114&mid=546). The newer order makes certain adjustments to Administrative Order 2010-1.2 that do not affect the analysis here. The AOSC documents referred to in the quoted text are Florida Supreme Court administrative orders. See Admin. Or. AOSC07-28, Fla. Sup. Ct. (May 31, 2007) (available at http://www.floridasupremecourt.org/clerk/adminorders/2007/sc07-28.pdf); Admin. Or. AOSC07-41, Fla. Sup. Ct. (Aug. 17, 2007) (available at http:// www.floridasupremecourt.org/clerk/adminorders/2007/sc07-41.pdf).
2. The Clerk relies on additional authority that does not support his position. Contrary to the Clerk's assertions, section 28.22205, Florida Statutes (2009), does not provide for an absolute deadline by which the clerks of court must implement an electronic filing process. Likewise, section 668.50, Florida Statutes (2009), the Uniform Electronic Transaction Act, does not help the Clerk. See § 668.50(3)(b)(4) (noting that the statute "does not apply to a transaction to the extent the transaction is governed by. . . [r]ules related to judicial procedure").

The Clerk also asserts that his office is going paperless under the auspices of the Florida Supreme Court, pursuant to two administrative orders. See Admin. Or. AOSC01-4, Fla. Sup. Ct. (Jan. 26, 2001) (available at http://www.floridasupremecourt.org/clerk/adminorders/2001/sc01-4.pdf), and Admin. Or. AOSC05-91 (amended), Fla. Sup. Ct. (Mar. 4, 2009) (available at http://www.floridasupremecourt.org/clerk/adminorders/2005/sc05-91.pdf). These orders permit the Clerk of the Circuit Court for Manatee County to accept electronic filings pursuant to Florida Rule of Judicial Administration 2.525 (formerly rule 2.090). The orders do not specify that the Clerk may use electronic transmission for outgoing documentation, for which the court's separate permission is required and which is limited to outgoing orders. See Fla. R. Jud. Admin. 2.525(d). And in any event, rule 2.525 concerns "electronic transmission of documents," which refers to

the transmission by electronic signals, to or from a court or clerk of the court, of information which when received can be transformed and stored or reproduced on paper, microfilm, magnetic storage device, optical imaging system, or other electronic record keeping system authorized by the Supreme Court of Florida . . . .

Fla. R. Jud. Admin. 2.525(a) (emphasis added). This definition does not encompass the forwarding of documents saved on CD-ROM. As such, the Clerk's argument from rule 2.525 and the supreme court's administrative orders is unavailing.
3. The Clerk argues, with respect to transcripts at least, that rules 9.200 9.140 are separate, with rule 9.200(b) providing directives for civil appeals and rule 9.140(f)(2) for criminal appeals. This is a misreading of the rules. In addition to the directive of rule 9.140(f)(1) and the committee note just recited, support for the proposition that rule 9.200(b) governs transcripts in criminal appeals to the extent that rule 9.140(f)(2) has not superseded it is found in the fact that certain procedural steps are found only in rule 9.200(b), such as the 30-day deadline by which the court reporter is to prepare the transcripts, Fla. R. App. P. 9.200(b)(2), and the provision for extensions of time, Fla. R. App. P. 9.200(b)(3).
4. We assume that the appellant has either paid for the record or is entitled to the record, not merely the record index, due to indigence. See Fla. R. App. P. 9.140(f)(2)(C), (4).
5. It is not clear from the rule, its commentary, or the opinion promulgating the amendments that included this provision, Amendments to the Florida Rules of Appellate Procedure, 696 So. 2d 1103 (Fla. 1996), why the lower tribunal should be able to shift part of the labor and cost burden from the court reporter to the clerk. Although the cost issue per se is not before us, it would seem possible for the circuit court, the parties, the court reporters, and the Clerk to reach an agreement whereby that portion of the court reporter's fee devoted to making copies for the parties under the standard procedure, Fla. R. App. P. 9.140(f)(2)(C), could be remitted to the Clerk when the exceptional procedure, Fla. R. App. P. 9.140(f)(2)(F), is invoked.
6. Supra n. 2.
7. The format provisions in rule 9.200(b)(2) were added in 2006. See In re Amendments to The Fla. Rules of Appellate Procedure, 941 So. 2d 352, 361 (Fla. 2006). As seen in the emphasized language in the indented quotation from this rule, above, the wording, whether inadvertent or deliberate, does not take into consideration that entities other than the court reporter or the parties are required to forward the transcript in certain situations, such as criminal appeals.
8. The fact that the Clerk was unable to cite any relevant affirmative authority for its position outside the rules of procedure supports this conclusion.
9. The paper copies must also be bound according to the rules of procedure and reflect the same pagination shown in the original record and transcript. See Fla. R. Jud. Admin. 2.535(f)(9); Fla. R. App. P. 9.200(b)(2), (d)(1)(A), (B).
10. We note also that the chief judge's administrative order requires "the court reporter [to] furnish electronic copies of all transcripts in Microsoft Word on a CD-Rom to the clerk of the lower tribunal and the parties." Admin. Or. 2010-1.2, Fla. 12th Jud. Cir. Ct., ¶ VII.D. (emphasis added). To the extent that the court reporter is already providing the parties with a CD-ROM version of the transcripts, the clerk's doing so is redundant.



This copy provided by Leagle, Inc.
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Daily Business Report: Four Akerman Senterfitt Legislators Try to Distance Themselves from Akerman Senterfitt

tate Sens. Alex Villalobos and Dan Gelber are taking the lead in calling for a special legislative session to ban offshore drilling in Florida waters.

Yet the two work for Akerman Senterfitt, the law firm that has been retained to handle BP’s oil spill defense work in Florida.

Villalobos and Gelber both said they don’t think there is a conflict in their dual roles as attorneys with the law firm defending BP in court. Two other state legislators at the firm, state Sen. Joe Negron and state Rep. Joe Gibbons — are also of counsel at Akerman.

Villalobos, who chairs the Senate rules committee and sits on the policy and steering committee on energy, environment and land use, wrote to Akerman chairman Andrew Smulian on behalf of the firm’s four legislators on May 24.

He requested that the four be “walled off” and isolated from any “discussions, documents or activities of any kind between the firm and BP.”

He noted the legislators’ “of counsel” status at the firm means they have no ownership stake or access to the firm’s financial records and do not share in firm profits.

“By serving in the ‘of counsel’ relationship, the legislators who are associated with the firm are not involved in any manner with this client nor do we have access to files or information relating to the firm’s representation of BP,” the letter stated.

Read the letter

In an interview, Villalobos likened the situation to “a teacher voting on the education budget,” noting Akerman also represents the University of Miami and Jackson Memorial Hospital.

He wrote Smulian because “as the universe of what you are talking about shrinks, that’s where you have to be more careful. There aren’t that many companies involved in offshore drilling. BP is one of them.”

Gelber, a Democratic candidate for Florida attorney general, called any alleged conflict “a non-issue.” He has been one of the most vociferous voices against BP and offshore drilling.

“Akerman has over 400 lawyers and handles tens of thousands of cases,” he said. “I am of counsel to the firm and not a partner. I know nothing about the case, nor will I ever. I have publicly demanded that BP be held accountable for their gross negligence and for the pain they have inflicted on our state’s economy and environment, and will continue to do so aggressively.”

But Bob Jarvis, who teaches legal ethics at Nova Southeastern University’s Shepard Broad Law Center, said that not only is there a potential conflict for the four legislators but they may have to resign from Akerman.

“I don’t think there’s any question that right now you do not want to be associated with BP if you’re in the political arena,” he said. “It’s certainly something an opponent would try to use against you.

“Let’s face it,” Jarvis said, “right now BP is the punching bag and the devil. It wouldn’t surprise me if they have to resign from the firm.”

Akerman’s hiring by BP is an example of why it’s often better for lawmaker-lawyers to have their own firms, Jarvis said.

“This is always the problem when you look for a law firm and you have your own agenda,” he said. “They may clash. We’ll have to see how it plays out.”

A spokesman for Republican Lt. Gov. Jeffrey Kottkamp, who is challenging Gelber in the attorney general’s race, did not return calls for comment.

Julie Kay can be reached at (305) 347-6685.

IN HAEC VERBA: "Common Sense v. the Law -- A dialogue between Assistant County Administrator Jerry Cameron and Record Reporter Peter Guinta"

Common Sense vs. the Law


The following is an exchange between Peter Guinta, a reporter, and Assistant St. Johns County Administrator Jerry Camera. It occurred as the result of a hearing on a dangerous dog bite involving a Shih Tzu and a five year old boy in which Jerry Cameron was the Hearing Officer. Peter Guinta was deeply concerned over the potential destruction of the dog. Cameron told Peter the case must be decided strictly according to the law; Peter disagreed. The dog has since been saved through settlement with the County Administrator, Michael Wanchik.



Peter,

This is a scene from “A Man for All Seasons.” This occurs in the time of Henry the VIII when the King is trying to find charges to level against Sir Thomas More because as Chancellor he refuses to ratify a divorce for the King.

This conversation occurs between More, his two daughters, and his son-in-law, Roper. One of the King’s spies has just left More’s house, and the daughters and Roper want More to arrest him.

This was required reading for one of my courses at the FBI Academy in Quantico. It was used to illustrate the importance of being a nation of laws and not men, and to avoid taking the law into your own hands when you are in a position of public trust.

I hope you find it as significant as I did over twenty years ago.

Roper Arrest him.
Alice Yes!
More For what?
Alice He’s dangerous!
Roper For liable; he’s a spy.
Alice He is! Arrest him!
Margaret Father, that man’s bad.
More There is no law against that.
Roper There is! God’s law!
More Then God can arrest him.
Roper Sophistication upon sophistication!
More No, sheer simplicity. The law, Roper, the law. I know what’s legal not what’s right. And I’ll stick to what’s legal.

Roper Then you set man’s law above God’s!

More No, far below; but let me draw your attention to a fact-I’m not God. The currents and eddies of right and wrong, which you find such plain sailing, I can’t navigate. I’m no voyager. But in the thickets of the law, oh, there I’m a forester. I doubt if there’s a man alive who could follow me there, thank God. . .

Alice While you talk, he’s gone!

More And go he should, if he were the Devil himself, until he broke the law!

Roper So now you’d give the devil the benefit of law!

More Yes. What would you do? Cut a great road through the law to get after the Devil?

Roper I’d cut down every law in England to do that!

More Oh? And when the last law was down, and the devil turned around on you—where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast—man’s laws, not God’s—and if you cut them down and you’re just the man to do it—do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of the law, for my own safety’s sake.


From: Guinta, Peter [mailto:peter.guinta@staugustine.com]
Sent: Thursday, June 17, 2010 7:40 PM
To: Jerry Cameron
Subject: RE: A Man for All Seasons

Jerry:
Thanks for sending that. You are a classy guy. I will be thinking about its concepts for a while.
Despite More’s stance though, the law is a man-made construct, containing all the flaws, lapses, absurdities and wrong turns that mankind included into its structure.
Laws are indeed the framework of civilization. Beasts have no law, except for tooth and claw.
But as a man-made phenomenon, law should contain extra pockets, compassion, nimbleness and adaptability.
It’s been made so formalized that rather than a truth-seeking tool, a legal hearing has become a military exercise on how one side plans to overcome the other.
No one knows what absolute truth is, especially those who think they do.
Former Sheriff Neil Perry let me pick up a training pistol at his small mobile training range one day. The exercise had shady characters (with and without weapons) and innocent civilians intertwined in a crime scenario where the arriving police officer must decide whether to shoot or not shoot.
I held my fire correctly and didn’t hit any hostages, but when the two bad guys released the woman and kid and dropped their guns, I shot both of the dudes anyway.
It wasn’t planned. It just happened. A thuggish coward who threatens deadly force against innocent people is not a valid human being or member of my society.
He should be removed expeditiously. I told Perry, “This is why I could never be a police officer.” He laughed and agreed.
Making the law your standard is questionable.
Many repressive regimes around the world do unspeakable things under color of law. The president of Rwanda and its Hutu lackeys in government sanctioned the genocide in 1994 where 800,000 Tutsis died. The Jewish genocide, one of the most horrific and well-documented historical events in history, was legal, as was the extermination of the American Indians.
Thomas More didn’t have to face those issues. He might have spoken differently.
Even in the US, dozens of innocent Americans, usually poor people, are killed every year when DEA and police drug teams burst into the wrong house, screaming and carrying assault weapons. The owner pulls a gun thinking he’s a victim of home invasion robbery and dies in his living room. The police even shoot the dog.
So, who can we trust? The question remains. I say, “Ourselves.”
The law shouldn’t be obscure, harsh, favor the rich or lucky. It’s written in generalities, not specifics, and allows absolute scum like Bernie Madoff to live while the retirees whose life savings he stole live in pain and poverty. He’s one I’d knock off without feeling the slightest twinge in my conscience.
I’m truly sorry about any grief you are getting now. That was not my intention, of course.
I’m hearing from dozens and dozens of people who say they know of cases where dogs did a hundred times more damage than Cyrus and were allowed to live.
You must do what you must do, I guess. You were given a no-win job.
But there could have been way more heart involved in this decision and a lot less principle.
Peter


From: Jerry Cameron
Sent: Friday, June 18, 2010 8:24 AM
To: 'Guinta, Peter'
Subject: RE: A Man for All Seasons

Peter, thank you for your candor.

In many ways it would be convenient for me to agree. I do believe the repressive regimes you quoted are totally inappropriate comparisons to the laws passed by duly elected representatives in a free country. A huge price has been paid in blood and treasure to live in a country governed by the authority of law and not by the whims of individuals. Are there laws that are unjust? Absolutely! In individual cases, can more just decisions be reached by moral code of pure and principled people than strictly following the letter of the law? Absolutely! But to do that opens the door to the unprincipled, and we have seen the results of that in the bloody pages of history. To put power in the hands of individuals outside of the law more often than not corrupts those individuals, and eventually leads to unintended consequences that undermine all that we hold dear.
Lord Acton correctly opined “Power tends to corrupt, and absolute power corrupts absolutely.” James Madison said “If men were angels we would have no need of government, and if we had angels in the form of men to govern us there would be no need for controls.” Those controls come in the form of a Constitution and the laws of the nation. We hold in our hands the power to correct flawed law, but how many Americans are willing to go to the trouble to learn about and participate in their government? The only real participation usually observed is that of special interest for the enrichment of themselves at the expense of others. As you know, I have fought hard against laws I believe to be unjust, but I have never advocated circumventing the law.

I too have a sense of right and wrong, a sense of moral outrage, and the temptation to supplant laws I don’t care for with my own sense of justice, but like Thomas More, “I’d give the Devil the benefit of the law for my own safety’s sake.” I might like to live in a world that operates on the dictates of Jerry Cameron, but all of history has shown both you and I are safer and happier in a free country governed by law.

Jerry Cameron
Assistant County Administrator
Community Services
500 San Sebastian Way
St. Augustine, FL 32084
(904) 209-6198

Government ownership of corporate stock requires investigation

There are committees and commisions investigating what happened on Wall Street.

They need to be as tough as the Pecora committee and the Temporary National Economic Committee (TNEC) to investigate the predators on Wall Street. They need to avoid the mistakes of the House and Senate Iran-Contra committees and other amateurs.

Like Hans Blix or any other good diplomat, they must not take no for an answer.

They need to ask fundamental questions: why would a government buy stock in any corporation?

Justice Louis Brandeis famously wrote a book about investment banking called "Other People's Money." Why are governments taking our money and investing it in the stock market? Why does our State of Florida own 15,000,000 shares of BP stock?

Could someone "please explain it to me, like I was a six year old," As Denzel Washington's character said to the jury in the movie, "Philadelphia")?

Associated Press: Pension funds weigh options from BP stock collapse

By Alan Sayre, AP
July 7th, 2010

Pensions weigh options from BP spill

NEW ORLEANS — The exasperation with BP felt by residents of the Gulf states is spreading to shareholders — and some are taking the oil giant to court.

Since the Deepwater Horizon drilling rig disaster on April 20, BP shares have lost about $85 billion in value. The toll for institutional investors who hold 79 percent of the company — including public and private pension plans — is around $67 billion. BP’s suspension of its quarterly dividend has only exacerbated the damage.

At least five individual investor suits have been filed, BP employees are suing over the slide in value of company stock in their 401(k) plans and the New York state comptroller intends to sue over losses to his state’s public employee pension fund.

Unlike the across-the-board Wall Street meltdown of 2008 that swept away hundreds of billions of dollars, the damage to U.S. pension plans caused by one plunging stock is minimized by the diversification of their investments. The BP individual retirement savings plan has a sizable investment in BP shares, but it’s reasonable compared with the Enron plans that got wiped out in that company’s collapse.

Even so, the plans aren’t happy about the red number BP has dropped on their financial statements.

Last month, New York State Comptroller Thomas DiNapoli pledged to sue BP, alleging the company misled investors about its safety procedures and its ability to respond to an oil spill and therefore inflated the stock’s price in violation of securities laws.

DiNapoli’s office plans to file a motion to join four individual shareholder suits filed in Louisiana and California to form a class action, under which all shareholders, including other pension plans, could join.

The $133 billion New York State Common Retirement Fund, which DiNapoli serves as trustee, held 19 million BP shares at the time of the disaster. The fund has since trimmed its holdings to 14.6 million shares. During that time, BP suspended its dividend, which is attractive to pension plans because of the investment income it provides.

The fund hasn’t released an exact loss from the sale, citing the pending court action. BP has refused to comment.

Feeding the frustration, for both shareholders and Gulf Coast residents, has been BP’s inability to cap its undersea well 40 miles off of Louisiana. Oil has now been gushing for 79 days. BP is drilling two relief wells that are expected to shut off the leak by mid-August.

Analyst Pavel Molchanov, who follows BP for Raymond James Financial Inc., said if that happens, BP would likely reinstate a dividend in 2011, but shareholders should expect less than pre-spill amounts. BP was paying out 80 cents per American depositary share each quarter and about 13 cents on shares bought on the British market. Each ADS represents six of its U.K. counterparts.

As for BP workers, a suit filed in Illinois federal court seeks class action status on behalf of all employees with company retirement accounts. Its complaints echo those raised by DiNapoli.

As of Jan. 1, BP stock made up nearly 30 percent of BP employee accounts, or about $2.45 billion worth of retirement savings, said Mike Alfred, CEO of BrightScope, a San Diego-based firm that rates about 50,000 401(k) plans.

The legal argument likely will center on whether BP workers were allowed to take excessive risk by having too much money in company stock, Alfred said. In perhaps the most high-profile case of this type, Enron Corp. employees received stock that became worth hundreds of millions of dollars — only to see it become worthless as the company fell apart in 2001 amid scandal.

“The amount of the BP stock in those plans is not exceptional,” Alfred said. “There are many more plans that have more company stock.”

Steven Davidoff, a professor at the Ohio State University law school, says history shows that once a class action is granted and large numbers of plaintiffs join in, companies try to settle to avoid the possibility of unmanageable damage awards.

Davidoff said the potential settlement value for BP shareholders likely will be less than in cases where a company has “a record of malfeasance at high management.”

“This is not so much a fraud case as a nondisclosure case,” Davidoff said.

The plans that haven’t sued are still big enough to get management’s attention.

“We do intend to engage BP in a corporate governance discussion at the appropriate time because the shareowner losses are severe given the catastrophic failures related to the oil spill,” says Patricia Macht, a spokesperson for the California Public Employees Retirement System.

Calpers, with $205 billion in assets, said it hasn’t altered its basic five-year “buy-and-hold” strategy — although the value of its BP holdings fell from about $585.7 million on April 20 to $289.2 million on June 30. It’s still just a paper loss — and Calpers retains its shareholder voting power.

That power could be used at annual shareholder meetings to vote against upper management and board directors. But BP’s next annual meeting doesn’t occur until April. Many observers say a shake-up is possible before then, likely involving CEO Tony Hayward.

BP spokesman Mark Salt said the company’s top officials speak regularly with investors on issues such as corporate governance, strategy and performance and its chairman holds one-on-one meetings with investors throughout the year. BP has met with large investors on issues stemming from the spill, Salt said.

Other pension funds, including the $96.7 billion Teacher Retirement System of Texas, the $47 billion Pennsylvania State Employees Retirement System and the $8 billion Louisiana State Employees Retirement System say their BP holdings represent only a tiny fraction of their total investments. None would say what their next action might be.

Alabama’s four state pension dumped their BP stock. The executive director of the Retirement Systems of Alabama, David Bonner, said 6.25 million shares were sold in June. The funds lost just over $4 million overall on the transactions.

But since the funds accumulated $25.9 million in dividends over 15 years, “We’re $21 million ahead,” Bonner said.

BP’s traditional employee pension fund hasn’t lost a dime on BP shares: The fund’s rules forbid it to either buy company stock or make company loans. According to the fund’s 2008 audit, the latest year for which figures are available, its top holding was in rival Royal Dutch Shell with 3.1 percent of its assets invested.

State of Florida Owns 1/200 of all British Petroleum Stock!

Have you heard the news? The State of Florida owns 1/200 of all BP stock.

The story was reported by the Palm Beach Post. Last month. See below. I am unable to find this story on the website of the St. Augustine Record. There are few references to it anywhere on the Internet.

Government owning stock in polluters and oligopolists is a stench in the nostrils of our Nation and would have made our Founding Fathers sick at heart.

It's bad enough when government contractors pollute, as we reported they did in Oak Ridge, Tennessee, where the world's largest mercury pollution event took place in secrecy, by Union Carbide, until our FOIA request got it declassified May 17, 1983. The U.S. Department of Energy (and predecessor agencies) was an accomplice, winking at Union Carbide's dumping 4.2 million pounds of mercury into creeks and groundwater (without warning signs or fences) and into workers' lungs and brains (without respirators, violating the standard of care).

But when governments own stock in corporate criminal enterprises like BP, it's worse than merely contracting with corporate criminal enterprises (like Union Carbide).

What is the answer?

Should governments invest in the stock market, which is a gigantic Ponzi scheme?

Let governments invest safely, e.g., in U.S. Treasury bills, and not in stocks of polluters, price-fixers, monopolists, labor-baiters, union-busters, fraudfeasors and other riffraff like British Petroleum.

Two decades ago, governments were divesting their investments in South Africa.

Today, we need to divest our shares in BP. Or should we?

Or do need to vote that stock for reforms?

With 1/200 of BP owned by the State of Florida, our State could (until divestiture is prudent) draw up and propose shareholder resolutions aimed at transforming a dysfunctional management culture and punishing wrongdoers.

Let one shareholder resolution be about not paying for criminal defense lawyers (like DAN GELBER) to defend BP.

Let another shareholder resolution be about disclosing all documents on lobbying Scottish officials for the release of the convicted murderer found guilty in the 1988 Pan Am 103 Lockerbie bombing.

Let another shareholder resolution be about antitrust conspiracies since the 1928 meeting at Achnacarry Castle, in Scotland.

So Floridians own BP? Might as well make the most of it, until divestiture.

Palm Beach Post: Florida owns 15 million BP shares; CFO Sink says state should weigh selling

By Michael C. Bender and Pat Beall

Palm Beach Post Staff Writers

Updated: 7:30 p.m. Wednesday, June 16, 2010

Posted: 6:58 p.m. Wednesday, June 16, 2010

Florida's elected chief financial officer said Wednesday that the state should explore selling off its 15 million shares of plunging BP stock, although she stopped short of saying it should definitely dump the holdings.

"It should clearly be on the radar," said Democratic CFO Alex Sink, her party's top candidate for governor.

The state has already lost $21.5 million from selling devalued BP stock in the wake of the ongoing oil spill in the Gulf of Mexico as part of routine trading done by state pension fund managers. Florida owned 21 million shares of BP when the Deepwater Horizon rig exploded on April 20, or about one half percent of the company's outstanding shares.

The shares remaining in the pension fund have lost another $64.8 million in value, or about 40 percent, during the spill. But those losses would only be realized if the state sold the stocks, which account for about one-tenth of a percent of the total pension fund value. The state also owns BP corporate bonds.

While Sink, who once suggested the state buy toxic bank assets from the federal government as an investment opportunity, refused to say Florida should definitely sell BP stock, she did say the fund's trustees should "collaboratively" decide.

A spokesman for the State Board of Administration, which manages the Florida's $114 billion pension fund, said it would be unprecedented for the board's trustees to intervene over a particular investment.

"I don't recall an occasion when they've gotten involved in any specific security," SBA spokesman Dennis McKee said.

Gov. Charlie Crist and Attorney General Bill McCollum, who are SBA trustees along with Sink, both said through spokesmen that they had little interest in forcing a sale of BP stock.

"We'll leave that to the fund managers," Crist spokesman Sterling Ivey said. "They're looking at the best interest for the investments over the long term. It could take several years to make up for those losses."

Two pension systems — the Louisiana Municipal Police Employees Retirement System and the New Orleans City Employees Retirement System — have already filed suit against BP over losses.

After sliding to a near 14-year low of $29.58 Wednesday morning, shares of BP rose slightly to close the day at $31.85. Shares were trading at $62.38 in January.

Meanwhile, investors have been rewarded for holding on to stock from an oil company responsible for a similar spill in 1989.

Exxon's stock has increased ten-fold since its Valdez tanker spilled 11 million gallons of oil of the Alaska shoreline, while the broader stock market has only tripled in value during the same time, according to MoneyWatch.com.

But the MoneyWatch report noted that stock for Exxon, now Exxon Mobil, suffered no discernible hit after its spill.

The drop in BP stock value was compounded for shareholders Wednesday when the oil giant announced it would not pay dividends on its stock for the rest of the year.

The company also announced it would put $20 billion into escrow to pay for damages from the spill.

While Florida SBA trustees have never ordered pension fund managers to buy or sell a specific stock, the state has put parameters on investment practices.

Fund managers are prohibited from investing in certain companies with business operations in Sudan and Iran. The Lawton Chiles Endowment Fund, created with settlement money from the state's lawsuit against tobacco companies, is prohibited from investing in tobacco companies.

Many consider Florida's pension fund among the top state-run pension funds in the country.

In 2008, the fund was estimated to be worth 106 percent of its future payouts. Today, it's worth about 89 percent of its obligations.

"Anything over 80 is good," McKee said. "All the experts say we're one of the top four or five funds in the U.S."

Postponed Senate Hearing Shows BP For What It Is -- Organized Crime -- BP Puts Lives At Risk

Pity poor DAN GELBER, candidate for State Attorney General in the August 24, 2010 Democratic Primary.

Not only is he so thin-skinned to squeal -- like a hog caught under a gate -- at being asked about AKERMAN SENTERFITT's representation of BP.

He now must answer questions about state investments in BP (see above) and BP's refusal to testify at a U.S. Senate hearing.

BP executives must be indicted for what they did to our sea coasts.

BP’s contempt for the United States Senate requires serious action by U.S. Senators.

If BP wants to invoke the Fifth Amendment, the Constitution, in its majesty, protects its right to do so.

But by refusing to testify at all, BP shows its consciousness of guilt on its involvement in the Lockerbie bombing, which left 270 passengers and crew members of Flight 103 dead.

DAN GELBER will bear the brunt of BP's scandals. Sorry, I will not for anyone from BP's law firm, AKERMAN SENTERFITT, which royally euchred St. Augustine taxpayers on illegal dumping in our Old City Reservoir.

I especially can't vote for secretive white collar criminal defense lawyer DAN GELBER when his explanations of their work for unnamed corporations doing Sarbanes-Oxley investigations is so implausible (he won't identify his clients).

NBC News: Senate cancels Lockerbie hearing; BP, Brits ‘stonewall’ Committee had planned to explore company's lobbying for release of convicted bomber

By Michael Isikoff, National Investigative Correspondent, NBC News


WASHINGTON, D.C. — A U.S. Senate committee has canceled a much-publicized hearing slated for this Thursday on the release of the convicted Lockerbie bomber after the panel was turned down in its request for key witnesses from BP and the British and Scottish governments.

An aide to Democratic Sen. Bob Menendez of New Jersey, who was slated to chair the hearing, informed family members of the 270 Lockerbie victims this afternoon that the Foreign Relations Committee was unable to secure testimony from any of the witnesses it wanted — including outgoing BP chief executive Tony Hayward and Mark Allen, a former top British spymaster who, as a BP consultant, lobbied for an agreement that would have allowed for the Lockerbie bomber’s release.

The committee had hoped to focus the hearing on BP’s lobbying of the British government on behalf of a prisoner transfer agreement that would allow for the release of the convicted bomber, Abdelbaasset al-Megrahi. He was convicted of murder by a Scottish court in 2001 for the bombing of the Pan American World Airways jet, which fell near the town of Lockerbie on Dec. 21, 1988.

BP has confirmed that Allen, the former MI6 spymaster turned BP consultant, had twice called Jack Straw, then the British Justice Minister, to urge him to expedite a prisoner transfer agreement—a move that the Libyan government had insisted upon as a condition for approving a multi-billion dollar oil deal with the British government.

In an exchange with the Menendez aide, two family members expressed their anger over the move and suggested that the committee convene the hearing anyway — with an empty chair where the putative BP witnesses would sit — or seek a Senate resolution censuring BP, according to source who participated in the phone call.

But instead, Menendez issued a public statement late Tuesday angrily accusing BP—as well as the British and Scottish governments—of having “stonewalled” the committee. He added that he planned to expand the panel’s probe into a full blown inquiry into the circumstances surrounding the release last year of Megrahi.

“In the case of BP, it is hard to imagine that a company on such thin ice with the American public after devastating our Gulf Coast would not fully cooperate in getting to the bottom of the release of a terrorist who murdered 189 Americans,” Menendez sai

LYDIA CLADEK, INC. Trustee Auction of Nonperforming Assets Set

On August, 19, 2010, at 1:30 PM in Courtroom 4A of the United States District Courthouse in Jacksonville, Florida, there will be an auction of nonperforming assets of LYDIA CLADEK INC. The auction was ordered today by the United States District Bankruptcy Judge, Honorable Paul M. Glenn.

St. Augustine Record: Former County Commissioner Ben Rich re: KAREN STERN, BEN ADAMS and JAMES BRYANT

Rich: Warns against electing previous officeholders

By BEN RICH

They are counting on you not nailing their coffins shut. They are counting on you letting them creep from their political gravesites and come back into your lives.

They are corpses from a bygone era of political influence peddling, corruption, greed and good-ol'-boy control. One rides sidesaddle on a dark horse she got from the St. Johns County Equestrian Center, our monument to Waste, Fraud and Abuse. The last one rides a jackass that he got for free from a friend who knows a friend who used to be a best friend to his friend's friend at his hunting club. That's right, the jackass is laundered.

So, who are these mysterious creatures that seemingly have risen from the dead to haunt you and I once more? Are they Larry, Moe and Curley? Close, but I didn't say that they were amusing.

Their history? Each has failed your trust as executives or legislators. They have engaged in legendary behavior, both publicly and privately, that has brought disgrace to both themselves and their public offices. They have proven to be fiscally irresponsible, having placed your county on the edge of a financial cliff by engaging in the most dangerous of public practices, long term borrowing of money (bonding) to pay for their fluff. They didn't have the courage to tax you. They created a serious financial problem that will take generations to work off and now claim to be the solution to the problem they created (this is a learned behavior from our representatives in Tallahassee and Washington). They are the developers' lap dogs and are directly responsible for our grid- locked roads and strained infrastructure. They will say anything to gain your trust then sneak up behind you, sink their fangs deeply into your wallet and suck out every nickel you have. They have left us a ghoulish legacy.

That's right. It's Karen Stern, Jim Bryant and Ben Adams.

These three people have surfaced from the swamp gas to try to take you on a Mr. Toad's ride down memory lane. Don't be fooled by the quick turns and direction reversals in their lightning quick attempt to rewrite history concerning their collusion to destroy your quality of life and indenture your children to a future of crushing debt.

This is my opinion: These people are of poor character, will not sacrifice anything in their elected offices and are morally bankrupt. If you leave the door open for them, and they are counting on that happening, they will once again rob your county blind.

Everyone can vote in the primary election. You have others running who are good people, not controlled by special interests or motivated by greed. If any of these three make it back to the public feeding trough for your lack of voting, you and I will both pay dearly.

I vote, no early Halloween. These three have no treats, only tricks.

IN HAEC VERBA: COUNTY COMMISSION CANDIDATE RANDY BRUNSON POSTS ON LOCAL KKK-STYLE HATE SITE UNDER HIS OWN NAME

If any one (sic) thinks that I do not listen to the citizens, research the subject use my corporate business experience. Then you have not followed my accomplishments on the Airport Commission, the membership as board member pf (sic) the Northeast Transportation Planning Organization, my Chairmanship of the committee the Transportation Business and Government. I will never vote in a block and will be independent, voting what is best for the people of St. Johns County

USDOJ Press Release: Army Space and Missile Defense Command Engineer Pleads Guilty to Accepting Bribes

For Immediate Release
July 21, 2010 United States Attorney's Office
Northern District of Alabama
Contact: (205) 244-2001

Army Space and Missile Defense Command Engineer Pleads Guilty to Accepting Bribes

BIRMINGHAM—A Scottsboro man pleaded guilty today in federal court to accepting bribes when he worked as an engineer with the U.S. Army Space and Missile Defense Command in Huntsville, and to evading payment of taxes on the bribery income, U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Pat Maley and IRS Special Agent in Charge, Criminal Investigations, Reginael McDaniel announced.

STEVEN EARL BRYANT, 39, pleaded guilty before U.S. District Judge R. David Proctor to being a public official who accepted bribes in relation to Space and Missile Defense Command contracts with private companies that were supposed to provide material for missile defense research. He also pleaded guilty to evading taxes of $33,370 on $110,694 of unreported income for the 2006 calendar year. The charges were brought in a two-count information filed in federal court in May. A sentencing date has not been scheduled.

“Mr. Bryant was a public official with the U.S. Army who was willing to sell his influence in that job in order to enrich himself,” Vance said. “By accepting payments in return for preferential treatment of private contractors, he violated the contracting process and the Army’s trust, and enabled a larger fraud. Protecting the military, and the American taxpayer, from this type fraud is a priority of this Justice Department and my office,” she said.

“Individuals thinking about participating in fraudulent schemes, including failing to report all forms of income, should stop in their tracks and simply look at the consequences of taking the next step,” McDaniel said. “Those consequences include going to jail, being branded a convicted felon for the rest of their lives, and paying back all the taxes owed, plus steep penalties and interest."

Court documents in the case relate the following: BRYANT was a public official from 2002 to 2010 while he worked as an engineer with the missile defense command at Redstone Arsenal. In that capacity, he acted as the Technical Representative for Contracting Officers on Space and Missile Defense Command contracts for items and material for missile defense research supplied by private businesses. Among the contracts monitored by BRYANT were contracts between the missile defense command and companies owned by Maurice Subilia, Dennis Darling, and Paul Hurlburt, who have already pleaded guilty on other charges.

Between 2002 and November 2006, according to BRYANT’s plea agreement, he received about $200,000 in return for and with the intent of being influenced in his job involving contracts between the missile defense command and companies that were paying him bribes.

Subilia and Hurlburt pleaded guilty in federal court in Maine in 2009 to conspiracy charges in connection to procurement fraud in contracts their companies had with the missile defense command in Huntsville. Subilia, who also pleaded guilty to money laundering and bribery charges, admitted he paid more than $1.2 million in bribes, from 2000 to 2007, to missile defense command employees Michael Cantrell and Douglas Ennis.

Darling pleaded guilty in 2008 to a federal bribery charge in Alabama. His engineering company had contracts with the missile defense command from 2005 through 2007. Judge Proctor on July 1 sentenced Darling to two years in prison, to be followed by three years supervised release. He fined Darling $6,000 and ordered him to pay $100,000 in restitution.

Cantrell was the director and Ennis the deputy director for the Joint Center for Technology Integration at the missile defense command. Both men pleaded guilty in 2008 to conspiracy and other charges related to the procurement fraud scheme. Cantrell was sentenced in December 2009 to five years in prison and ordered to pay $2.5 million in restitution and $352,145 in back taxes. Ennis was sentenced in June to two years in prison and ordered to pay $75,000 in restitution.

The case was investigated by the FBI and the IRS, with assistance from the Army Space and Missile Defense Command, Army Criminal Investigative Division Fraud Team, and Defense Criminal Investigative Service of the Department of Defense.

Assistant U.S. Attorney Michael Whisonant is prosecuting the case.

Sunshine News: Dave Aronberg: Dan Gelber's Call for 11 Debates 'Smacks of a Political Stunt'

Kevin Derby's blog | Posted: July 27, 2010 2:45 PM
2 comments

With less than a month until the primary election on Aug. 24, Sen. Dave Aronberg, D-Greenacres, shot down the idea of holding 11 debates with Sen. Dan Gelber, D-Miami Beach, his rival for the Democratic attorney general nomination.

Last week, Christian Ulvert, Gelber’s campaign manager sent a letter to the Aronberg campaign proposing more debates.

“This is an important election cycle for Democrats and all Floridians,” wrote Ulvert. “The historic nature of having every seat on the Florida Cabinet wide open requires us to ensure Floridians have an opportunity to learn firsthand from the candidates themselves.

“Since both our campaigns will have limited resources and unable to saturate the airwaves like other statewide candidates, I suggest that Sen. Dave Aronberg joins Sen. Dan Gelber in hosting a debate in each of Florida’s 11 media markets,” continued Ulvert. “This will ensure that Floridians in every part of the state have an opportunity to learn about each of the Democratic AG candidates.”

Aronberg replied to Ulvert’s proposal in an e-mail sent out to Gelber late on Monday.

“I believed that our campaigns were engaged in honest discussion about the debate process, so I was a bit surprised by the e-mail you sent to us and the press corps calling for 11 debates in the final month of the campaign – a number that you know is unrealistic and smacks of a political stunt,” wrote Aronberg.

“Let me be clear: We should have debates before the Aug. 24 primary, but let's start this discussion on a reasonable timetable given the normal hectic pace of the closing weeks of a statewide campaign,” wrote Aronberg.

Heather Beaven Letter re; Rep. JOHN MICA a/k/a "TARBALL" a/ka "JOHN LUIGI MICA"

Throughout the 18-years he has represented us, Congressman Mica has repeatedly shown that he is unable to break free from undue Beltway influence. As though we needed it, we now have more proof of who he really represents. In yet another out-of-touch vote, Mica stood against the needs of his constituency: this time by voting NO on financial regulations designed to protect those who have been swindled by Wall Street's money grab. Once again, the citizens of District Seven pay the price.


This isn’t news to us, the people John Mica is sworn to represent. We wake up every morning thinking about falling property values, past due notices, pink slips and skimpy help wanted sections. This vote, like his recent NO vote on extending emergency unemployment assistance, is just another link in Mica's long history of choosing special interests over people.


I, on the other hand, believe that when corporations lie, cheat and steal – they deserve to be put on a short leash. I believe that when people are out of work because they were pawns in a much larger game – they deserve to be helped. You can call it unemployment assistance. In this case, I’d call it victim’s assistance. And I believe that when your Congressman proves that they work for someone other than you – you stop signing their paycheck.


Congressman Mica is bound to the Big Banks by ties that are thicker than his oath. His brother - Washington insider and former Congressman Dan Mica – is the president of the Credit Union National Association, and a top lobbyist for Wall Street and the Big Banks. Not surprisingly, John Mica voted against legislation that, while it would have ensured his constituents a fighting chance against an unfair financial system with harmful financial practices, would have harmed the interests of both his Washington friends and his family business.


More of John Mica’s “Wall Street over Main Street” Voting Record:

* NO on Regulation and Oversight on the US Financial System (June 2010)
* NO on Regulation and Oversight on the US Financial System (Dec 2009)
* NO on modifying bankruptcy rules to avoid mortgage foreclosures. (Mar 2009)
* NO on monitoring TARP funds to ensure more mortgage relief. (Jan 2009)
* NO on regulating commodities market speculation in oil and agriculture (Sep 2009)
* NO on regulating mortgage accessibility and risk (Sep 2007)
* NO on regulating the subprime mortgage industry. (Nov 2007)
* YES on reducing the Securities Exchange Commission oversight (Jul 2006)
* YES on capping homeowner protection in bankruptcy (Apr 2005)
* YES on the Financial Regulatory Relief Act of 2004
* NO on the Financial Modernization Act of 1999
* NO on the Resolution Trust Corporation Completion Act of 1993


In addition to his brother’s Big Bank lobbying ties, Congressman Mica has collected nearly $600,000 in campaign contributions from the very people who benefit from his reliability when it comes time to pull the trigger on the votes above.


Help us send a clear message to every Washington insider who has decided that special interests count more than people – WE ARE NOT FOR SALE!


Click here to invest in Beaven for Congress today!




Sincerely,
Heather Beaven's Signature
Democratic Candidate for Congress
Florida's 7th District

Autostraddle:: Who the heck are these anonymous Internet commenters, anyway?

ANONYMOUS COMMENTS:

After facing a flurry of offensive and out-of-line comments on a post about Obama’s aunt, Boston.com decided to take a closer look at that special breed of human — the anonymous online commenter. They contacted a whole range of people picked from their database of commenters and asked them to talk to a reporter. Not surprisingly, the true trolls of the bunch declined to be interviewed. But plenty of folks who post frequently, passionately and anonymously did agree. Here’s the conclusions the reporter drew from one subject, Stanley Talabachh:

Overall, he plays by the rules, works hard at this commenter job of his, and, in a way, serves his community. After reading his posts and spending time with him, I believe him when he tells me that, even though he’s anonymous online, he would never write anything that he wouldn’t say “mano a mano.” That, incidentally, strikes me as a pretty good standard for separating the stand-up commenters from the cowardly name-callers.

On most sites, anonymity removes any incentive to be a decent human being. A lot of people feel that compunction anyway, but there are also plenty who have no problems abandoning civility:

Yoshimi25 says that because the Front Burner message board is such an intimate group, the regulars on it tend to behave well, even though they’re anonymous. “Although I can say anything I want without consequences,” she says, “you should behave as though there are consequences.”

That gets to the heart of the problem. The comments sections on many general-interest news sites lack both the carrot and the stick for encouraging responsible behavior. The carrot is the cohesion of a group you don’t want to disappoint, like Yoshimi25’s Front Burner community. The stick is the shame associated with having your real name publicly attached to embarrassing behavior. Without these two levers, the social contract breaks down.

Actually we deal with these issues all the time here at Autostraddle. We’re lucky because we try to build a real sense of community among readers, and we think that gives our comment sections a certain degree of protection from true trolls and flamers. Look at posts that were read mostly by non-Autostraddlers — Riese’s essay on Taylor Swift is perhaps the best example — and you’ll quickly see the difference between those comments and the ones on, say, a typical daily fix. You guys keep each other honest! Isn’t that great!

Anyway, we’re pretty sad that the reporter didn’t get to interview a real troll. Or a real Troll, that would’ve been awesome, too. But you could still consider a few of the interviewees just shy of crazy, and the article is quite fascinating either way.

American Bar Associaation Journal: Whistle-Blowing to the SEC Is About to Become More Profitable

By Debra Cassens Weiss

A $1 million reward announced Friday for a whistle-blower in an insider trading case was the largest ever paid by the Securities and Exchange Commission. But that amount may pale in comparison to amounts the agency is authorized to dole out under new financial reform legislation.

The new law, the Dodd-Frank Act, authorizes the SEC to pay whistle-blower rewards ranging from 10 percent to 30 percent of sanctions, according to stories in the Washington Post and the New York Times DealBook blog. Before, rewards were capped at 10 percent of the recovered amount, and only five people had received payments in the entire history of the program.

The SEC paid the $1 million to Karen Kaiser, the ex-wife of a former Microsoft employee, and to her new husband. The information she provided helped build an insider trading case against the founder of Pequot Capital Management, Arthur Samberg, who settled the SEC’s civil case against him for $28 million earlier this year without admitting liability.

In the prior five cases, the largest payout had been $55,220, the Washington Post says. DealBook gives an example of the potential payout under the new law. It cites a settlement of securities fraud charges last week against Dell in which the computer maker paid a $100 million penalty and three corporate officers paid $11 million. If a whistle-blower had provided information leading to the enforcement action, he or she could have received $11 million to $33 million under the new law.

DealBook says the old law allowed rewards only for information about insider trading. The new law allows rewards for whistle-blowers who provide information that leads to any judicial or administrative action under the securities laws, if sanctions exceed $1 million. The whistle-blower must provide original information from independent knowledge, and the SEC must have been unaware of the reported wrongdoing.

Those dissatisfied with SEC decisions on rewards can appeal in the appropriate federal appeals court.

American Bar Associaation Journal: Is Eye-Rolling Disorderly Conduct? City Attorney Ordered to Investigate

By Debra Cassens Weiss

A city attorney in a western Chicago suburb has a new research assignment, thanks to a woman’s ejection from a city council committee meeting last month based on allegations she was rolling her eyes and yawning disrespectfully.

The question for Elmhurst city attorney Don Storino: What are the legal definitions of disorderly conduct and disruptive behavior? A Chicago Tribune editorial says Storino got the assignment with the aim of drafting an ordinance to stop nonverbal outbursts.

The woman who prompted the legal question is Darlene Heslop, who was at the committee meeting to object to a proposal to hire a $30,000 state lobbyist, the Tribune says. Committee chairman Stephen Hipskind said he saw Heslop’s disrespectful behavior and ordered her to leave. Two other aldermen objected to Heslop’s ouster and left themselves, putting an end to the meeting because of lack of a quorum.

The newspaper opines that any ordinance should go no further than state law, which defines disorderly conduct as "an act in such unreasonable manner as to alarm or disturb another, or to provoke a breach of the peace."

“Where do you draw that line?” the Tribune asks. “Menacing others, throwing objects and setting fire to the dais are clearly out of line. But is it disorderly to yawn, fidget, smirk or scowl? To circle an ear with an index finger to signify ‘cuckoo’? To feign a self-induced upchuck, as we're doing now?”

IN HAEC VERBA re: TARBALL -- Rep. JOHN MICA's PAC contributions

Presented by the Federal Election Commission


Committees Who Gave To This Candidate
MICA, JOHN L. MR.
THE CANDIDATE

MICA FOR CONGRESS
PRINCIPAL CAMPAIGN COMMITTEE OF THE CANDIDATE

Contributor's Name Date Amount Image Number
CONTRIBUTIONS
3M COMPANY PAC 05/29/2009 1000.00 29934001743
3M COMPANY PAC 03/29/2010 1000.00 10930471196
ABX AIR INC. PAC 04/27/2009 1000.00 29992555245
AECOM US FEDERAL PAC 07/07/2009 500.00 29992583503
AECOM US FEDERAL PAC 08/11/2009 3000.00 29992661323
AGRICULTURAL RETAILERS ASSOCIATION POLITICAL ACTION COMMITTE 12/15/2009 1000.00 10930063491
AIR LINE PILOTS ASSOCIATION PAC 03/27/2009 2500.00 29991946742
AIR LINE PILOTS ASSOCIATION PAC 03/25/2010 1500.00 10930502160
AIR TRANSPORTATION ASSOCIATION OF AMERICA PAC 10/27/2009 1000.00 29993318032
AIRCRAFT OWNERS AND PILOTS ASSOCIATION POLITICAL ACTION COMMITTEE 02/18/2009 1000.00 29991765587
AIRCRAFT OWNERS AND PILOTS ASSOCIATION POLITICAL ACTION COMMITTEE 05/07/2009 1000.00 29992217321
AIRCRAFT OWNERS AND PILOTS ASSOCIATION POLITICAL ACTION COMMITTEE 05/11/2009 1500.00 29992217325
AIRCRAFT OWNERS AND PILOTS ASSOCIATION POLITICAL ACTION COMMITTEE 08/10/2009 1000.00 29934524624
AIRCRAFT OWNERS AND PILOTS ASSOCIATION POLITICAL ACTION COMMITTEE 12/18/2009 500.00 10930048055
AIRCRAFT OWNERS AND PILOTS ASSOCIATION POLITICAL ACTION COMMITTEE 03/05/2010 1000.00 10930635659
AIRPORTS COUNCIL INTERNATIONAL-NORTH AMERICA POLITICAL ACTION COMMITTEE (AIRPORT PAC) 05/06/2009 1000.00 29934007843
AIRTRAN AIRWAYS INC POLITICAL ACTION COMMITTEE 09/09/2009 1000.00 10930171882
AIRTRAN AIRWAYS INC POLITICAL ACTION COMMITTEE 03/09/2010 500.00 10990427681
AIRTRAN AIRWAYS INC POLITICAL ACTION COMMITTEE 03/09/2010 1500.00 10990427682
ALASKA AIR GROUP INC. POLITICAL ACTION COMMITTEE 10/15/2009 1000.00 29935396546
AMERICAN AIRLINES POLITICAL ACTION COMMITTEE 02/24/2009 1000.00 29933374005
AMERICAN AIRLINES POLITICAL ACTION COMMITTEE 05/01/2009 1000.00 29934030911
AMERICAN AIRLINES POLITICAL ACTION COMMITTEE 12/07/2009 1000.00 10930056952
AMERICAN AIRLINES POLITICAL ACTION COMMITTEE 03/08/2010 1000.00 10930626285
AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES 05/31/2009 2000.00 29992214102
AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES 06/30/2009 500.00 29992465935
AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES 07/31/2009 500.00 29992599038
AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES 07/31/2009 500.00 29992599038
AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES 03/31/2010 2000.00 10990448291
AMERICAN BANKERS ASSOCIATION PAC (BANKPAC) 03/31/2009 -1500.00 29933565335
AMERICAN BUS ASSOCIATION-BUSPAC POLITICAL ACTION COMMITTEE 03/12/2009 1000.00 29991908854
AMERICAN CHEMISTRY COUNCIL PAC 03/27/2009 1000.00 29933580405
AMERICAN COUNCIL OF ENGINEERING COMPANIES (ACEC/PAC) 02/11/2009 1000.00 29933365558
AMERICAN COUNCIL OF ENGINEERING COMPANIES (ACEC/PAC) 03/23/2009 1000.00 29933563424
AMERICAN COUNCIL OF ENGINEERING COMPANIES (ACEC/PAC) 11/18/2009 3000.00 29935555557
AMERICAN COUNCIL OF ENGINEERING COMPANIES (ACEC/PAC) 04/22/2010 5000.00 10930724159
AMERICAN CRYSTAL SUGAR COMPANY POLITICAL ACTION COMMITTEE 09/04/2009 5000.00 29934707567
AMERICAN DENTAL ASSOCIATION POLITICAL ACTION COMMITTEE 03/26/2010 1500.00 10990454516
AMERICAN FOREST & PAPER ASSOCIATION POLITICAL ACTION COMMITTEE 03/26/2009 1000.00 29991930786
AMERICAN GAS ASSOCIATION POLITICAL ACTION COMMITTEE 12/01/2009 500.00 10990071176
AMERICAN HOSPITAL ASSOCIATION PAC 11/10/2009 1000.00 29935586844
AMERICAN MARITIME OFFICERS RETIREES ASSOCIATION VOLUNTARY POLITICAL ACTION FUND 02/26/2009 1000.00 29934353330
AMERICAN MARITIME OFFICERS RETIREES ASSOCIATION VOLUNTARY POLITICAL ACTION FUND 09/23/2009 500.00 10930109448
AMERICAN MARITIME OFFICERS RETIREES ASSOCIATION VOLUNTARY POLITICAL ACTION FUND 09/23/2009 500.00 10930109448
AMERICAN MARITIME OFFICERS VOLUNTARY POLITICAL ACTION FUND 04/17/2009 2500.00 29934360853
AMERICAN MARITIME OFFICERS VOLUNTARY POLITICAL ACTION FUND 06/04/2009 1000.00 29934360853
AMERICAN MARITIME OFFICERS VOLUNTARY POLITICAL ACTION FUND 04/22/2010 1500.00 10990680865
AMERICAN MOTORCYCLIST POLITICAL ACTION COMMITTEE 07/01/2009 500.00 10930235944
AMERICAN MOVING AND STORAGE ASSOCIATION POLITICAL ACTION COMMITTEE (AMPAC) 03/16/2009 1000.00 29992507226
AMERICAN MOVING AND STORAGE ASSOCIATION POLITICAL ACTION COMMITTEE (AMPAC) 04/27/2010 1000.00 10930872663
AMERICAN ROAD & TRANSPORTATION BUILDERS ASSOCIATION PAC 02/19/2009 2500.00 29933383103
AMERICAN ROAD & TRANSPORTATION BUILDERS ASSOCIATION PAC 05/13/2009 1500.00 29934016503
AMERICAN SHIPPING AND LOGISTICS GROUP INC FREEDOM PAC/ASL FREEDOM PAC 04/08/2009 1000.00 29992116919
AMERICAN SHIPPING GROUP MARINE RESOURCES GROUP 04/30/2009 1000.00 29992441011
AMERICAN SOCIETY OF ASSOCIATION EXECUTIVES APAC 07/15/2009 1000.00 10930100752
AMERICAN SOCIETY OF ASSOCIATION EXECUTIVES APAC 09/17/2009 1000.00 10930100752
AMERICAN SOCIETY OF ASSOCIATION EXECUTIVES APAC 04/23/2010 1000.00 10990825222
AMERICAN SUGAR CANE LEAGUE OF USA INC POLITICAL ACTION COMMITTEE 10/06/2009 1000.00 29935452178
AMERICAN TRAFFIC SAFETY SERVICES ASSOCIATION PAC 03/18/2009 1000.00 29992509105
AMERICAN TRAFFIC SAFETY SERVICES ASSOCIATION PAC 11/24/2009 500.00 10930165674
AMERICAN TRAFFIC SAFETY SERVICES ASSOCIATION PAC 03/24/2010 500.00 10930473766
AMERICAN WATERWAYS OPERATORS-PAC 04/23/2009 1000.00 29933760884
ANHEUSER-BUSCH COMPANIES INC. POLITICAL ACTION COMMITTEE 12/17/2009 2500.00 10930216677
APL LIMITED PAC 04/27/2009 2500.00 29934254192
ARCADIS U.S., INC. POLITICAL ACTION COMMITTEE (ARCADIS PAC) 05/15/2009 1000.00 29934017632
ARCADIS U.S., INC. POLITICAL ACTION COMMITTEE (ARCADIS PAC) 09/29/2009 1000.00 29992919501
ARCADIS U.S., INC. POLITICAL ACTION COMMITTEE (ARCADIS PAC) 04/13/2010 1000.00 10930721770
ASEA BROWN BOVERI (ABB) POLICY IMPROVEMENT PROGRAM 03/04/2010 500.00 10030330713
ASSOCIATED BUILDERS AND CONTRACTORS, PAC 09/18/2009 1000.00 29993243938
ASSOCIATED BUILDERS AND CONTRACTORS, PAC 12/07/2009 1500.00 10990127116
ASSOCIATED EQUIPMENT DISTRIBUTORS POLITICAL ACTION COMMITTEE 04/23/2009 1500.00 29934342630
ASSOCIATED GENERAL CONTRACTORS OF AMERICA POLITICAL ACTION COMMITTEE 09/23/2009 1000.00 29934921182
ASSOCIATED GENERAL CONTRACTORS OF AMERICA POLITICAL ACTION COMMITTEE 05/07/2010 1000.00 10930823827
ASSOCIATION OF AIR MEDICAL SERVICES POLITICAL ACTION COMMITTEE 03/31/2009 500.00 29030141226
ASSOCIATION OF AMERICAN RAILROADS POLITICAL ACTION COMMITTEE (RAILPAC) 10/21/2009 2000.00 10930218901
AT&T INC. FEDERAL POLITICAL ACTION COMMITTEE (AT&T FEDERAL PAC) 09/18/2009 1000.00 29935330608
AT&T INC. FEDERAL POLITICAL ACTION COMMITTEE (AT&T FEDERAL PAC) 11/16/2009 3000.00 29993463682
AT&T INC. FEDERAL POLITICAL ACTION COMMITTEE (AT&T FEDERAL PAC) 04/16/2010 1000.00 10990680555
BAKER & HOSTETLER POLITICAL ACTION COMMITTEE 03/31/2010 1000.00 10930472332
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC PAC 05/14/2009 1000.00 29934344268
BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC PAC 03/12/2010 1000.00 10990598546
BALCH AND BINGHAM LLP FEDERAL POLITICAL COMMITTEE 02/27/2009 1000.00 29992448139
BANK OF AMERICA CORPORATION FEDERAL PAC 07/01/2009 1000.00 29992581900
BIKES BELONG COALITION LTD. POLITICAL ACTION COMMITTEE 03/11/2009 2500.00 29992453015
BLANK ROME PAC 05/12/2009 1000.00 29934030937
BLANK ROME PAC 03/18/2010 1000.00 10990605195
BNSF RAILWAY COMPANY RAILPAC (BNSF RAILPAC) 10/22/2009 5000.00 29993377964
BNSF RAILWAY COMPANY RAILPAC (BNSF RAILPAC) 04/28/2010 5000.00 10990687808
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 03/04/2009 1000.00 29991989231
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 03/19/2009 1000.00 29991989232
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 05/26/2009 1000.00 29992208539
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 10/19/2009 500.00 29993376670
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 10/19/2009 2000.00 29993376670
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 11/17/2009 1000.00 29935575264
BOEING COMPANY POLITICAL ACTION COMMITTEE, THE 03/22/2010 1000.00 10990597694
BRUNSWICK CORPORATION GOOD GOVERNMENT FUND 01/20/2010 1000.00 10930487395
BUILD POLITICAL ACTION COMMITTEE OF THE NATIONAL ASSOCIATION OF HOME BUILDERS (BUILDPAC) 03/08/2010 5000.00 10990604927
BURSON-MARSTELLER/YOUNG & RUBICAM POLITICAL ACTION COMMITTEE 05/19/2009 500.00 29992546883
CEMEX INC. EMPLOYEES POLITICAL ACTION COMMITTEE 03/10/2009 1000.00 29934370861
CH2M HILL COMPANIES LTD PAC 10/27/2009 1000.00 29935485094
CH2M HILL COMPANIES LTD PAC 03/22/2010 1000.00 10990598995
CH2M HILL COMPANIES LTD PAC 04/26/2010 1000.00 10990681839
CHEVRON EMPLOYEES POLITICAL ACTION COMMITTEE - CHEVRON CORPORATION 06/04/2009 1000.00 29934291517
CHEVRON EMPLOYEES POLITICAL ACTION COMMITTEE - CHEVRON CORPORATION 02/04/2010 1000.00 10990382359
COMCAST CORPORATION POLITICAL ACTION COMMITTEE- FEDERAL 05/11/2009 1000.00 29992249282
CON-WAY INC. POLITICAL ACTION COMMITTEE 10/30/2009 1000.00 10930218590
CONTINENTAL AIRLINES INC EMPLOYEE FUND FOR A BETTER AMERICA PAC 10/19/2009 2000.00 29993315754
CONTINENTAL AIRLINES INC EMPLOYEE FUND FOR A BETTER AMERICA PAC 04/22/2010 2000.00 10990673640
COVIDIEN (U.S.) POLITICAL ACTION COMMITTEE 03/09/2010 1000.00 10930485191
CROPLIFE AMERICA POLITICAL ACTION COMMITTEE 03/19/2009 1000.00 29991980270
CROWLEY MARITIME CORPORATION FEDERAL PAC 04/26/2010 500.00 10990682453
CRUISE LINES INTERNATIONAL ASSOCIATION PAC (CLIA PAC) 01/20/2010 2000.00 10930490556
CSX CORPORATION GOOD GOVERNMENT FUND 04/01/2010 5000.00 10990701069
CUBIC CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 02/10/2009 2500.00 29991761925
CUBIC CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 04/20/2010 1000.00 10930728279
CULAC THE PAC OF CREDIT UNION NATIONAL ASSOCIATION 10/15/2009 2000.00 29993364389
DELTA AIR LINES POLITICAL ACTION COMMITTEE 10/19/2009 2000.00 29993307970
DISTRICT NO. 1-PCD, MARINE ENGINEERS' BENEFICIAL ASSOC. - POLITICAL ACTION FUND (MEBA-PAF) 04/22/2009 2500.00 29933780960
DLA PIPER LLP (US) POLITICAL ACTION COMMITTEE (DLA PIPER PAC) 05/01/2009 750.00 29992236025
DUANE MORRIS GOVERNMENT COMMITTEE 01/08/2010 1000.00 10930335968
EMPLOYEES OF NORTHROP GRUMMAN CORPORATION PAC 03/30/2009 1000.00 29933572413
EMPLOYEES OF NORTHROP GRUMMAN CORPORATION PAC 01/08/2010 1000.00 10930342437
EMPLOYEES OF NORTHROP GRUMMAN CORPORATION PAC 03/30/2010 1000.00 10990608481
EMPLOYEES OF NORTHROP GRUMMAN CORPORATION PAC 05/06/2010 1000.00 10990800937
EXXON MOBIL CORPORATION POLITICAL ACTION COMMITTEE (EXXONMOBIL PAC) 03/19/2009 1000.00 29991986158
EXXON MOBIL CORPORATION POLITICAL ACTION COMMITTEE (EXXONMOBIL PAC) 02/26/2010 2000.00 10930389498
FAA MANAGERS ASSOCIATION INC. PAC 06/30/2010 5000.00 10990830126
FEDEXPAC FEDERAL EXPRESS POLITICAL ACTION COMMITTEE 03/11/2009 1000.00 29933468028
FEDEXPAC FEDERAL EXPRESS POLITICAL ACTION COMMITTEE 03/25/2009 1000.00 29933468037
FEDEXPAC FEDERAL EXPRESS POLITICAL ACTION COMMITTEE 07/27/2009 1000.00 29992597980
FEDEXPAC FEDERAL EXPRESS POLITICAL ACTION COMMITTEE 09/21/2009 1000.00 29992865173
FEDEXPAC FEDERAL EXPRESS POLITICAL ACTION COMMITTEE 02/16/2010 1000.00 10990362913
FERT PAC (THE POLITICAL ACTION COMMITTEE OF THE FERTILIZER INSTITUTE) 03/18/2009 2000.00 29991944395
FIRSTLINE TRANSPORTATION SECURITY INC/SMS HOLDINGS POLITICAL ACTION COMMITTEE 10/28/2009 1000.00 10030231211
FLORIDA MUNICIPAL ELECTRIC ASSOCIATION INC PAC FMEA PAC 09/28/2009 500.00 10030244566
FLORIDA SUGAR CANE LEAGUE PAC 09/09/2009 1000.00 29934704992
FLORIDA TRANSPORTATION BUILDERS' ASSOCIATION INC FEDERAL PAC 02/20/2009 5000.00 29030112480
FLUOR CORPORATION POLITICAL ACTION COMMITTEE (FLUOR PAC) 05/15/2009 1000.00 29992226678
FULBRIGHT & JAWORSKI L L P FEDERAL COMMITTEE 08/12/2009 1000.00 29934518738
GENERAL ATOMICS POLITICAL ACTION COMMITTEE 07/27/2009 1000.00 29992570666
GENERAL ATOMICS POLITICAL ACTION COMMITTEE 11/19/2009 1000.00 29935599945
GENERAL AVIATION MANUFACTURERS ASSOCIATION POLITICAL ACTION COMMITTEE 05/12/2009 1000.00 29934253340
GENERAL AVIATION MANUFACTURERS ASSOCIATION POLITICAL ACTION COMMITTEE 03/15/2010 1000.00 10990525858
GENERAL DYNAMICS VOLUNTARY POLITICAL CONTRIBUTION PLAN (GDVPCP) 06/05/2009 1000.00 29934250891
GENERAL ELECTRIC COMPANY POLITICAL ACTION COMMITTEE (GEPAC) 02/10/2009 1000.00 29933378912
GENERAL ELECTRIC COMPANY POLITICAL ACTION COMMITTEE (GEPAC) 04/09/2009 1000.00 29992075492
GENERAL ELECTRIC COMPANY POLITICAL ACTION COMMITTEE (GEPAC) 12/03/2009 1000.00 10990173158
GENERAL ELECTRIC COMPANY POLITICAL ACTION COMMITTEE (GEPAC) 02/18/2010 1000.00 10990393129
GENERAL ELECTRIC COMPANY POLITICAL ACTION COMMITTEE (GEPAC) 03/10/2010 1000.00 10930616246
GOODYEAR TIRE & RUBBER COMPANY GOOD GOVERNMENT FUND (GOODYEAR GOOD GOVERNMENT FUND), THE 08/20/2009 1000.00 10990032842
GOODYEAR TIRE & RUBBER COMPANY GOOD GOVERNMENT FUND (GOODYEAR GOOD GOVERNMENT FUND), THE 03/30/2010 1000.00 10990432039
GOODYEAR TIRE & RUBBER COMPANY GOOD GOVERNMENT FUND (GOODYEAR GOOD GOVERNMENT FUND), THE 04/29/2010 1000.00 10930708032
GRAND TRUNK RAIL- ILLINOIS CENTRAL RAIL CO PAC (GTR-ICR PAC) 10/14/2009 1000.00 10930165309
GRAND TRUNK RAIL- ILLINOIS CENTRAL RAIL CO PAC (GTR-ICR PAC) 04/26/2010 1000.00 10930707778
GRANITE CONSTRUCTION INC. EMPLOYEE PAC - GRANITEPAC 04/08/2009 1500.00 29992534771
GRAYROBINSON P.A. POLITICAL ACTION COMMITTEE 12/10/2009 1000.00 10930033472
GRAYROBINSON P.A. POLITICAL ACTION COMMITTEE 03/19/2010 1000.00 10930485447
GRIDIRON-PAC 07/10/2009 1000.00 10930307829
HALLIBURTON COMPANY PAC 02/08/2010 1000.00 10930389599
HANSON PROFESSIONAL SERVICES INC PAC 04/23/2010 1000.00 10030334532
HARRIS CORPORATION POLITICAL ACTION COMMITTEE 02/23/2009 5000.00 29992537895
HARRIS CORPORATION POLITICAL ACTION COMMITTEE 12/07/2009 1000.00 10990130946
HCA INC. GOOD GOVERNMENT FUND 10/29/2009 1000.00 29935501967
HDR, INC. POLITICAL ACTION COMMITTEE (HDR PAC) 02/19/2010 2500.00 10990375950
HDR, INC. POLITICAL ACTION COMMITTEE (HDR PAC) 02/19/2010 5000.00 10990375949
HDR, INC. POLITICAL ACTION COMMITTEE (HDR PAC) 04/29/2010 1000.00 10930727512
HERZOG CONTRACTING CORP POLITICAL ACTION COMMITTEE 05/12/2009 500.00 29992509054
HNTB HOLDINGS LTD. PAC 08/12/2009 1000.00 29934459521
HNTB HOLDINGS LTD. PAC 04/27/2010 1000.00 10930780107
HOGAN LOVELLS POLITICAL ACTION COMMITTEE 11/04/2009 1000.00 29935546949
HONEYWELL INTERNATIONAL POLITICAL ACTION COMMITTEE 03/11/2009 1000.00 29991988609
HONEYWELL INTERNATIONAL POLITICAL ACTION COMMITTEE 05/21/2009 1500.00 29992256941
HONEYWELL INTERNATIONAL POLITICAL ACTION COMMITTEE 06/05/2009 2500.00 29934307767
HONEYWELL INTERNATIONAL POLITICAL ACTION COMMITTEE 12/29/2009 1000.00 10930264567
HONEYWELL INTERNATIONAL POLITICAL ACTION COMMITTEE 03/26/2010 4000.00 10990610485
HORIZON LINES LLC ASSOCIATES GOOD GOVERNMENT FUND/HORIZON LINES ASSOCIATES GOOD GOVT FUND 04/14/2009 1000.00 29992132554
INDEPENDENT INSURANCE AGENTS & BROKERS OF AMERICA, INC. POLITICAL ACTION COMMITTEE (INSURP 03/11/2010 500.00 10930651859
INGRAM BARGE COMPANY POLITICAL ACTION COMMITTEE 10/26/2009 1000.00 10930167476
INSTITUTE OF MAKERS OF EXPLOSIVES POLITICAL ACTION COMMITTEE (IMEPAC) 02/24/2009 1000.00 29991932050
INSTITUTE OF MAKERS OF EXPLOSIVES POLITICAL ACTION COMMITTEE (IMEPAC) 04/29/2009 1000.00 29934214935
INSTITUTE OF MAKERS OF EXPLOSIVES POLITICAL ACTION COMMITTEE (IMEPAC) 04/06/2010 1000.00 10930866170
INTERNATIONAL COUNCIL OF SHOPPING CENTERS INC POLITICAL ACTION COMMITTEE (ICSC PAC) 03/10/2009 1000.00 29992509152
INTERNATIONAL COUNCIL OF SHOPPING CENTERS INC POLITICAL ACTION COMMITTEE (ICSC PAC) 05/11/2009 1500.00 29992509152
INTERNATIONAL PAPER POLITICAL ACTION COMMITTEE (IP-PAC) 03/20/2009 1000.00 29991916892
JACOBS GOOD GOVERNMENT FUND OF JACOBS ENGINEERING GROUP INC. 03/24/2009 5000.00 29991966969
JACOBS GOOD GOVERNMENT FUND OF JACOBS ENGINEERING GROUP INC. 03/30/2010 2500.00 10990591347
K&L GATES LLP POLITICAL ACTION COMMITTEE (DC) 04/22/2009 1000.00 29933765656
KANSAS CITY SOUTHERN EMPLOYEE PAC 04/28/2010 2500.00 10990701257
KING & SPALDING NONPARTISAN COMMITTEE FOR GOOD GOVERNMENT 03/04/2009 1000.00 29992558385
KOCH INDUSTRIES INC POLITICAL ACTION COMMITTEE (KOCHPAC) 05/26/2010 1000.00 10930821701
KRAFT FOODS GLOBAL INC. POLITICAL ACTION COMMITTEE (KRAFTPAC) 09/09/2009 1000.00 29935344399
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 04/08/2009 1000.00 29933768246
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 06/05/2009 1000.00 29992491390
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 06/26/2009 2500.00 29992491445
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 08/13/2009 500.00 29992660477
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 08/13/2009 500.00 29992660477
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 08/13/2009 500.00 29992660477
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 12/31/2009 -500.00 10990152929
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 02/17/2010 -500.00 10930451724
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 02/17/2010 -500.00 10930451725
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 03/08/2010 500.00 10930639300
LOCKHEED MARTIN CORPORATION EMPLOYEES' POLITICAL ACTION COMMITTEE 03/08/2010 500.00 10930639299
MAERSK INC. GOOD GOVERNMENT FUND 04/24/2009 2500.00 29933763101
MARATHON OIL COMPANY EMPLOYEES POLITICAL ACTION COMMITTEE (MEPAC) 12/22/2009 1000.00 10930035394
MARATHON OIL COMPANY EMPLOYEES POLITICAL ACTION COMMITTEE (MEPAC) 03/09/2010 1000.00 10990435009
MASTERS, MATES AND PILOTS POLITICAL CONTRIBUTION FUND 04/22/2009 2500.00 29933751444
MOTOROLA, INC. POLITICAL ACTION COMMITTEE 12/10/2009 1000.00 10930113429
NAIOP-PAC 04/30/2009 1500.00 29992533790
NATIONAL AGRICULTURAL AVIATION ASSOCIATION AG-AV PAC 04/21/2009 1000.00 29934217056
NATIONAL AIR TRANSPORTATION ASSOCIATION POLITICAL ACTION COMMITTEE 03/09/2010 1000.00 10990602727
NATIONAL ASPHALT PAVEMENT ASSOCIATION POLITICAL ACTION COMMITTEE (NAPA-PAC) 11/23/2009 1000.00 29935586450
NATIONAL ASSOCIATION OF CHEMICAL DISTRIBUTORS RESPONSIBLE DISTRIBUTION POLITICAL ACTION CO 03/25/2009 1000.00 29933461106
NATIONAL ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS POLITICAL ACTION COMM 03/16/2010 1000.00 10990429974
NATIONAL ASSOCIATION OF REALTORS POLITICAL ACTION COMMITTEE 03/18/2010 3000.00 10990526989
NATIONAL ASSOCIATION OF WATER COMPANIES POLITICAL ACTION COMMITTEE (NAWC - PAC) 07/14/2009 1000.00 29934489748
NATIONAL BEER WHOLESALERS ASSOCIATION POLITICAL ACTION COMMITTEE 04/30/2009 2500.00 29933753068
NATIONAL BEER WHOLESALERS ASSOCIATION POLITICAL ACTION COMMITTEE 12/10/2009 2500.00 10990088234
NATIONAL CATTLEMEN'S BEEF ASSOCIATION POLITICAL ACTION COMMITTEE (NCBA-PAC) 09/08/2009 2500.00 29935341013
NATIONAL OCEAN INDUSTRIES ASSOCIATION (NOIA) POLITICAL ACTION COMMITTEE 02/25/2010 750.00 10990377653
NATIONAL PROPANE GAS ASSOCIATION POLITICAL ACTION COMMITTEE 03/10/2009 1000.00 29992533537
NATIONAL READY MIXED CONCRETE ASSN. PAC (CONCRETEPAC) 08/03/2009 1000.00 29992806548
NATIONAL RIFLE ASSOCIATION OF AMERICA POLITICAL VICTORY FUND 06/09/2009 1000.00 29934336830
NATIONAL SCHOOL TRANSPORTATION ASSOCIATION 05/24/2009 1000.00 29934387663
NATIONAL STONE, SAND & GRAVEL ASSOCIATION ROCKPAC 04/27/2009 3000.00 29934378688
NATIONAL STONE, SAND & GRAVEL ASSOCIATION ROCKPAC 11/12/2009 1000.00 10990192444
NATIONAL UTILITY CONTRACTORS ASSOCIATION LEGISLATIVE INFORMATION AND ACTION COMMITTEE 06/30/2009 1500.00 29934394486
NATSO INC. NATSO PAC 05/14/2009 1000.00 29934021786
NCR CORPORATION POLITICAL ACTION COMMITTEE (NCRPAC) 07/01/2009 500.00 29992600316
NELSON MULLINS RILEY & SCARBOROUGH, LLP FEDERAL POLITICAL COMMITTEE 03/24/2009 1000.00 29934352732
NORFOLK SOUTHERN CORPORATION GOOD GOVERNMENT FUND 03/30/2009 5000.00 29991977408
NORFOLK SOUTHERN CORPORATION GOOD GOVERNMENT FUND 05/03/2010 5000.00 10990778368
OLDCASTLE MATERIALS INC. PAC 02/19/2009 1000.00 29933383487
OLDCASTLE MATERIALS INC. PAC 06/24/2009 1000.00 29992499495
OLDCASTLE MATERIALS INC. PAC 09/28/2009 1000.00 29934928092
OLDCASTLE MATERIALS INC. PAC 02/23/2010 1000.00 10990385665
OLDCASTLE MATERIALS INC. PAC 03/05/2010 1500.00 10930641130
OLDCASTLE MATERIALS INC. PAC 03/18/2010 500.00 10930641130
OUTDOOR ADVERTISING ASSOCIATION OF AMERICA POLITICAL ACTION COMMITTEE 02/27/2009 1000.00 29993420228
OWNER-OPERATOR INDEPENDENT DRIVERS ASSN INC POLITICAL ACTION COMMITTEE (AKA OOIDA-PAC) 01/08/2010 1000.00 10990323908
OWNER-OPERATOR INDEPENDENT DRIVERS ASSN INC POLITICAL ACTION COMMITTEE (AKA OOIDA-PAC) 01/08/2010 2000.00 10990323908
OXBOW CARBON & MINERALS HOLDINGS, INC. POLITICAL ACTION COMMITTEE 05/06/2009 500.00 29934009835
PARSONS BRINCKERHOFF, INC. PAC 03/10/2010 500.00 10990455708
PARSONS BRINCKERHOFF, INC. PAC 04/13/2010 2500.00 10930667049
PARSONS CORPORATION POLITICAL ACTION COMMITTEE 05/07/2009 1000.00 29934383057
PARSONS CORPORATION POLITICAL ACTION COMMITTEE 03/25/2010 1000.00 10930593377
PARSONS CORPORATION POLITICAL ACTION COMMITTEE 04/28/2010 1000.00 10990824861
PHILIPS ELECTRONICS NORTH AMERICA CORPORATION EMPLOYEES POLITICAL ACTION COMMITTEE 09/17/2009 500.00 29993248303
PORTLAND CEMENT ASSOCIATION INC. PCA PAC 05/06/2009 1000.00 29992431639
PROGRESS ENERGY EMPLOYEES' FEDERAL PAC 03/23/2009 1000.00 29933464326
PROGRESS ENERGY EMPLOYEES' FEDERAL PAC 11/23/2009 1000.00 29993422254
R.J. REYNOLDS POLITICAL ACTION COMMITTEE; REYNOLDS AMERICAN INC. 04/22/2009 1000.00 29933737188
RAILAMERICA INC FEDERAL POLITICAL ACTION COMMITTEE 07/01/2009 500.00 29934884976
RAYTHEON COMPANY POLITICAL ACTION COMMITTTEE 02/20/2009 5000.00 29991743838
RAYTHEON COMPANY POLITICAL ACTION COMMITTTEE 03/03/2010 2500.00 10930484573
RAYTHEON COMPANY POLITICAL ACTION COMMITTTEE 04/22/2010 1000.00 10990690319
RECORDING INDUSTRY ASSOCIATION OF AMERICA POLITICAL ACTION COMMITTEE, THE 11/09/2009 500.00 10930026743
RIO TINTO AMERICA INC. PAC 06/10/2009 500.00 29934361954
ROCKWELL COLLINS INC. GOOD GOVERNMENT COMMITTEE 05/06/2009 1000.00 29992518831
ROCKWELL COLLINS INC. GOOD GOVERNMENT COMMITTEE 03/22/2010 1000.00 10930490101
ROLLS-ROYCE NORTH AMERICA HOLDINGS INC. PAC (ROLLS-ROYCE NORTH AMERICA PAC) 03/06/2009 1000.00 29991986531
ROLLS-ROYCE NORTH AMERICA HOLDINGS INC. PAC (ROLLS-ROYCE NORTH AMERICA PAC) 04/20/2010 1000.00 10990702529
SAFETY-KLEEN INC. POLITICAL ACTION COMMITTEE 05/12/2009 1000.00 29934244972
SCHENCK FAMILY 03/10/2010 500.00 10030301071
SEAFARERS POLITICAL ACTIVITY DONATION - SEAFARERS INTERNATIONAL UNION OF NA-AGLIWD/NMU 04/13/2009 1000.00 29933765529
SIEMENS CORPORATION POLITICAL ACTION COMMITTEE 03/13/2009 1000.00 29934356352
SIEMENS CORPORATION POLITICAL ACTION COMMITTEE 05/26/2009 1000.00 29934356352
SIEMENS CORPORATION POLITICAL ACTION COMMITTEE 07/23/2009 1000.00 10930265976
SIEMENS CORPORATION POLITICAL ACTION COMMITTEE 09/17/2009 1000.00 10930265975
SIEMENS CORPORATION POLITICAL ACTION COMMITTEE 10/30/2009 1000.00 10930265975
SIEMENS CORPORATION POLITICAL ACTION COMMITTEE 04/20/2010 1000.00 10930672944
SONNENSCHEIN NATH & ROSENTHAL LLP POLITICAL ACTION COMMITTEE (SONNENSCHEIN PAC) 05/11/2009 1000.00 29934368703
SOUTHWEST AIRLINES CO. FREEDOM FUND 10/29/2009 1000.00 29935499956
SOUTHWEST AIRLINES PILOTS' ASSOCIATION POLITICAL ACTION COMMITTEE (SWAPA PAC) 04/15/2010 1000.00 10930873071
SQUIRE SANDERS AND DEMPSEY LLP POLITICAL ACTION COMMITTEE 'SQUIRE SANDERS PAC' 11/02/2009 1000.00 10930193383
SRA INTERNATIONAL INC FUND FOR BETTER IT IN GOVERNMENT 09/11/2009 1000.00 29935329758
SRA INTERNATIONAL INC FUND FOR BETTER IT IN GOVERNMENT 04/27/2010 1000.00 10990656800
TAXICAB LIMOUSINE & PARATRANSIT ASSOCIATION POLITICAL ACTION COMMITTEE (TLPA PAC) 03/19/2009 1000.00 29030133517
TAXICAB LIMOUSINE & PARATRANSIT ASSOCIATION POLITICAL ACTION COMMITTEE (TLPA PAC) 05/04/2009 1000.00 29030133518
TAXICAB LIMOUSINE & PARATRANSIT ASSOCIATION POLITICAL ACTION COMMITTEE (TLPA PAC) 03/22/2010 1000.00 10030321107
TECO ENERGY INC EMPLOYEES' PAC 04/27/2010 1000.00 10930729023
TENNESSEE ROAD BUILDERS ASSOCIATION POLITICAL ACTION COMMITTEE 10/27/2009 1000.00 10990184300
TRAVELPORT INC. PAC 06/18/2009 1000.00 29934211848
TRUCKING POLITICAL ACTION COMMITTEE OF THE AMERICAN TRUCKING ASSOCIATIONS, INC. 03/23/2009 1000.00 29992007272
TRUCKING POLITICAL ACTION COMMITTEE OF THE AMERICAN TRUCKING ASSOCIATIONS, INC. 12/22/2009 1000.00 10930060862
U.S.-CUBA DEMOCRACY POLITICAL ACTION COMMITTEE 11/23/2009 1000.00 10930109566
UNION PACIFIC CORP. FUND FOR EFFECTIVE GOVERNMENT 10/21/2009 5000.00 29993328072
UNION PACIFIC CORP. FUND FOR EFFECTIVE GOVERNMENT 04/29/2010 5000.00 10990696543
UNITED AIRLINES POLITICAL ACTION COMMITTEE 12/03/2009 2000.00 10990187814
UNITED ASSOCIATION POLITICAL EDUCATION COMMITTEE (UNITED ASSOCIATION OF JOURNEYMEN AND APP 11/18/2009 2500.00 29935580402
UNITED PARCEL SERVICE INC. PAC 05/04/2009 1500.00 29992250949
UNITED PARCEL SERVICE INC. PAC 08/26/2009 500.00 29934520391
UNITED PARCEL SERVICE INC. PAC 09/29/2009 3000.00 29992963390
UNITED PARCEL SERVICE INC. PAC 03/01/2010 500.00 10990438827
UNITED PILOTS PAC/AIRLINE PILOTS ASSOCIATION 03/31/2009 2500.00 29933569493
UNITED TECHNOLOGIES CORPORATION POLITICAL ACTION COMMITTEE 03/06/2009 1000.00 29992009472
UNITED TRANSPORTATION UNION POLITICAL ACTION COMMITTEE (UTU PAC) 02/27/2009 5000.00 29991759624
UNITED TRANSPORTATION UNION POLITICAL ACTION COMMITTEE (UTU PAC) 05/18/2010 2500.00 10990743794
US AIRWAYS GROUP INC. FEDERAL PAC 09/15/2009 1000.00 10930307664
US AIRWAYS GROUP INC. FEDERAL PAC 11/02/2009 250.00 10930307665
VOTE TO ELECT REPUBLICANS NOW PAC (VERN PAC) 03/30/2010 2500.00 10930583424
VULCAN MATERIALS COMPANY POLITICAL ACTION COMMITTEE 04/23/2009 1500.00 29934214614
VULCAN MATERIALS COMPANY POLITICAL ACTION COMMITTEE 06/04/2010 500.00 10930870269
WEXLER & WALKER PUBLIC POLICY ASSOCIATES PAC (A UNIT OF HILL & KNOWLTON) 05/31/2009 1000.00 29934016189
WINSTEAD PC POLITICAL ACTION COMMITTEE 08/12/2009 1000.00 29934506642


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