Sharpening an FD’s soft skills

Posted on February 22, 2012 by admin

1329931043 13 Sharpening an FDs soft skills

NOT SO long ago, life was relatively simple for a company’s finance professionals. They were judged on their technical expertise, independence and integrity. Today, however, having exceptional accounting-based skills is no longer enough. While such expertise is still the foundation of the finance role, “soft” skills are becoming increasingly important for finance professionals to be effective.

There are two reasons for this. First, the global nature of business has led organisations to seek staff who have the necessary skills to deal with colleagues and customers who are remote both geographically and culturally. It is no longer sufficient to simply present figures and comments in a report. Finance experts need to be able to explain their meaning and relevance to an audience that could be based in Birmingham or Beijing.

Second, in the current climate, companies are unable to justify the cost of having a department that “just deals with finance”. They demand more from their finance staff and are looking for individuals skilled in a number of disciplines who can take on complex, high-profile business partner roles. Where they cannot find the right staff within finance, they are willing to reallocate responsibilities to other departments, recruit externally or even outsource.

This means that if finance professionals are to succeed, they need to acquire the requisite soft skills to sit alongside their technical abilities. Some find this relatively easy but for many it can be a difficult challenge.

What do we mean by soft skills and why have they been neglected in the past?

Soft skills are those which enable people to interact effectively with clients and colleagues at all levels. These include communication skills, the ability to negotiate effectively, build teams and relationships, and being able to think creatively.

They are important because people with advanced soft skills are able to judge their own and other people’s behaviours, feelings and needs, and are sufficiently adaptable to adjust their approach accordingly. They are more effective because they can harness their IQ with EQ – emotional intelligence.

Historically, finance tended to operate within a silo and was not encouraged to interact with the wider business. Consequently, finance functions employed people who were more comfortable with data, systems and processes, while soft skills were given less focus.

Why are soft skills important now?

Of course, it is worth pointing out that it is important to understand that soft skills should complement hard skills, not replace them. Technical expertise will always remain an essential part of the finance professional’s armoury – there is little benefit in being an excellent communicator if you have nothing insightful to communicate.

Hard skills, however, require soft skills to make them truly effective. For example, unless figures in reports can be expounded in a way that others can relate to, their use is limited. Hard skills deliver reliable information as an input to decision making; soft skills support decision making and help deliver lasting and effective change.

Increasing competitiveness, pricing and cost pressures are causing companies to demand that senior staff become multi-faceted business partners in order to create extra value. Today’s world is as much about winning hearts and minds as it is about having the correct information and undertaking the correct analysis. Organisations increasingly value people who work across the company and can influence, listen, communicate and take decisions – those with exceptional soft skills. This provides significant opportunities for finance professionals.

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No. 20100232–CA. – BOTT v. OSBURN – UT Court of Appeals

Posted on February 22, 2012 by admin

1329929837 99 No. 20100232–CA. BOTT v. OSBURN UT Court of Appeals

Amy B. BOTT, Plaintiff and Appellee, v. Jessie Lee OSBURN, Defendant and Appellant.

— May 05, 2011 Before Judges McHUGH, THORNE, and ROTH.

Scott H. York, Salt Lake City, for Appellant.Amy B. Bott, Provo, Appellee Pro Se.

¶ 1 Jessie Lee Osburn (Girlfriend) appeals from the trial court’s order entering a civil stalking injunction against her and in favor of Amy B. Bott (Wife), pursuant to Utah Code section 77–3a–101 (civil stalking statute), see Utah Code Ann. § 77–3a–101 (2008). Specifically, Girlfriend challenges the trial court’s underlying determination that she committed the criminal offense of stalking as defined in Utah Code section 76–5–106.5 (criminal stalking statute), see Utah Code Ann. § 76–5–106.5 (2008), a prerequisite for the issuance of a civil stalking injunction under the civil stalking statute. We affirm.

¶ 2 In June of 2008, Wife discovered that Girlfriend was having an affair with Wife’s husband, Shane Bott (Husband). Not surprisingly, this discovery resulted in discord between the two women. That August, Wife and Girlfriend filed petitions for civil stalking injunctions against each other, but after Husband returned home in an attempt to reconcile with Wife, each woman agreed to dismiss her petition against the other.

¶ 3 On December 7, 2009, Wife learned that Husband and Girlfriend had resumed their affair. That same day, Wife placed a phone call to Girlfriend during which Girlfriend told Wife that she intended to “shoot [Wife's] ass” with a gun Husband had allegedly purchased for her to use to deal with Wife’s harassment. On December 13, 2009, Wife called Husband on his cell phone. During the call, Girlfriend took the phone from Husband and again stated that she intended to shoot Wife.

¶ 4 On January 19, 2010, Wife filed a petition for a civil stalking injunction against Girlfriend; the trial court granted a temporary injunction the next day.2 The trial court then held a hearing on the matter and granted a civil stalking injunction in favor of Wife. The trial court found that Girlfriend made two verbal threats directed at Wife, which “would cause a reasonable person to be afraid of [Girlfriend] and cause [Wife] great emotional distress.” Girlfriend now appeals.

ISSUES AND STANDARD OF REVIEW

¶ 5 Girlfriend argues that the trial court made several errors in its interpretation and application of both the civil and criminal stalking statutes. See Utah Code Ann. § 77–3a–101; Utah Code Ann. § 76–5–106.5. To begin, Girlfriend maintains that the trial court failed to find that all of the required elements of the criminal stalking statute were met. She then argues that the lack of specific factual findings prevents meaningful appellate review and that the findings that the trial court did make are against the clear weight of the evidence.3 See Utah Code Ann. § 76–5–106.5. Girlfriend also asserts that the trial court did not consider the totality of the circumstances when deciding whether Girlfriend engaged in a “course of conduct” that violated the criminal stalking statute. See id. § 76–5–106.5(b). In addition, Girlfriend argues that the trial court misinterpreted the criminal stalking statute by ignoring the relevant standards for “emotional distress” and the definition of “reasonable person.” See id. § 76–5–106.5(1)(d)–(e). “The proper interpretation and application of a statute is a question of law which we review for correctness, affording no deference to the district court’s legal conclusions.” Ellison v. Stam, 2006 UT App 150, ¶ 16, 136 P.3d 1242 (quoting Gutierrez v. Medley, 972 P.2d 913, 914–15 (Utah 1998)).

I. The Trial Court Did Not Err in Its Application of the Criminal Stalking Statute.A. The Elements of a Civil Stalking Injunction.

¶ 6 Under the civil stalking statute a trial court may enter a civil stalking injunction upon finding that “an offense of stalking has occurred.” See Utah Code Ann. § 77–3a–101(5) (2008). “ ‘[S]talking’ means the crime of stalking as defined in [the criminal stalking statute].” Id. § 77–3a–101(1). In 2008, the Utah Legislature made several substantive amendments to the criminal stalking statute. See Utah Code Ann. § 76–5–106.5 amend. notes (2008). The criminal stalking statute now provides,

(2) A person is guilty of stalking who intentionally or knowingly engages in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person:

(a) to fear for the person’s own safety or the safety of a third person; or

(b) to suffer emotional distress.

Id. § 76–5–106.5(2). The new version of the criminal stalking statute includes definitions for terms that had not been previously defined by the legislature and also modifies certain definitions included in the prior version of the statute.4 For example, the definition of “[c]ourse of conduct” has been revised and is now defined in relevant part as “two or more acts directed at or toward a specific person, including ․ acts in which the actor ․ threatens ․ a person ․ (A) directly, indirectly, or through any third party; and (B) by any action, method, device, or means.” Id. § 76–5–106.5(1)(b)(i)(A)–(B). Further, the previously undefined term “[e]motional distress” has now been defined by the legislature as “significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required,” id. § 76–5–106.5(1)(d), and the term “[r]easonable person” has now been defined as “a reasonable person in the victim’s circumstances,” id. § 76–5–106.5(1)(e).

¶ 7 Based on the language of the 2003 version of the criminal stalking statute, the supreme court in Towner v. Ridgway, 2008 UT 23, 182 P.3d 347, delineated three elements that the trial court must find to enter a civil stalking injunction: (1) “the alleged stalker intentionally or knowingly engaged in a course of conduct that would cause a reasonable person to fear bodily injury or suffer emotional distress”; (2) “the accused stalker had or should have had knowledge that the victim of his stalking would fear bodily injury or suffer emotional distress”; and (3) “the victim actually feared bodily injury or suffered emotional distress as a result of the accused stalker’s conduct.” Id. ¶¶ 14–15 (internal quotation marks omitted). Girlfriend claims that a stalking injunction was not appropriate here because Wife did not prove that she actually feared bodily injury as a result of Girlfriend’s threats. However, Girlfriend’s assertion ignores the fact that the stalking statute was amended in 2008, after the supreme court decided Towner. See Utah Code Ann. § 76–5–106.5 amend. notes (2008). The 2008 version of the statute, which is relevant here, omits the language that stated that a person commits stalking “whose conduct: (i) induces fear in the specific person of bodily injury to himself or a member of his immediate family; or (ii) causes emotional distress in the specific person or a member of his immediate family.” Id. § 76–5–106.5(2)(c) (2003). Thus, we must determine whether Towner still accurately identifies the elements the trial court must find before entering a stalking injunction under the 2008 version of the statute.

¶ 8 The “goal when confronted with questions of statutory interpretation ‘is to evince the true intent and purpose of the Legislature.’ “ Anderson v. Bell, 2010 UT 47, ¶ 9, 234 P.3d 1147 (quoting Duke v. Graham, 2007 UT 31, ¶ 16, 158 P.3d 540). “It is axiomatic that the best evidence of legislative intent is ‘the plain language of the statute itself.’ “ Id. (quoting Duke, 2007 UT 31, ¶ 16). Looking to the plain language of the 2008 version of the criminal stalking statute, we conclude that although the trial court must still find that the alleged stalker had the requisite intent to engage in a course of conduct that he or she knows or should know would cause a reasonable person to fear or suffer emotional distress, there is no requirement that the trial court also find that the victim was actually afraid or distressed. See Utah Code Ann. § 76–5–106.5(2) (2008); see also Gohler v. Wood, 919 P.2d 561, 565–66 (Utah 1996) (holding that where express language of statute did not include an actual reliance element, court will not add one). Thus, the statute is plain on its face and no further analysis is necessary to discern the legislature’s intent. See Harold Selman, Inc. v. Box Elder Cnty., 2011 UT 18, ¶ 18, 679 Utah Adv. Rep. 14 (“When the plain meaning of the statute can be discerned from its language, no other interpretative tools are needed.” (internal quotation marks omitted)).

¶ 9 Further, even if the language of the criminal stalking statute left us with doubt as to the current elements of stalking, the fact that the legislature deleted the language imposing a requirement that the defendant’s conduct actually induce fear or cause emotional distress “ ‘can mean nothing but that the legislature’s purpose deliberately was to remove’ “ the requirement. See Sindt v. Retirement Bd., 2007 UT 16, ¶ 13, 157 P.3d 797 (quoting State v. Delmotte, 655 P.2d 1314, 1315 (Utah 1983)). When the legislature undertakes to amend a statute, it indicates a legislative intent “to change the law.” 1A Norman J. Singer, Sutherland Statutory Construction, § 22.30 (6th ed.2002) quoted in Sindt, 2007 UT 16, ¶ 13. The omission of the subject language here shows a legislative purpose to eliminate proof of the victim’s actual fear or actual distress as an element of stalking.

¶ 10 Finally, our interpretation of the current statutory language is consistent with the anti-stalking code promulgated by the National Center for Victims of Crime, see National Ctr. for Victims of Crime, The Model Stalking Code Revisited (2007), upon which the revised version of the criminal stalking statute is modeled, see Recordings of Utah House Floor Debates, H.B. 493, 57th Leg., Gen. Sess. (Feb. 29, 2008); Recordings of Utah Senate Floor Debates, H.B. 493, 57th Leg., Gen. Sess. (Mar. 5, 2008); cf. Regional Sales Agency, Inc. v. Reichert, 830 P.2d 252, 255–56 (Utah 1992) (using commentary to the Model Code of Judicial Conduct to interpret similar provision of the Utah Code of Judicial Conduct); State v. Bush, 2001 UT App 10, ¶ 15, 47 P.3d 69 (using commentary to the Model Penal Code to interpret a similar Utah criminal statute). With regard to the actual fear requirement of criminal stalking, the commentary to the model code states,

The updated [model code] recommends that states utilize a ‘reasonable person’ standard of fear instead of an ‘actual fear’ standard, and that this standard be interpreted to mean ‘a reasonable person in the victim’s circumstances.’

․ The updated model stalking code drafters rejected the subjective ‘actual fear’ standard because it places an unnecessary burden on prosecutors and victims, requiring prosecutors to prove that the victim actually was in fear and forcing the victim to have to justify his or her fear in the presence of the perpetrator.

National Ctr. for Victims of Crime, The Model Stalking Code Revisited, cmt. at 34–37 (2007) (emphasis added).

¶ 11 Therefore, we hold that the trial court properly limited its inquiry to whether Wife had proven that (1) Girlfriend “intentionally or knowingly engage [d] in a course of conduct directed at [Wife],” and (2) Girlfriend “[knew] or should [have known] that the course of conduct would cause a reasonable person” fear or emotional distress. See Utah Code Ann. § 76–5–106.5(2). By finding that, on two separate occasions, Girlfriend threatened Wife5 under circumstances that would cause a reasonable person to fear for her personal safety and suffer emotional distress, see id. § 76–5–106.5(2), the trial court made the findings necessary to support its conclusion that a stalking injunction should be entered against Girlfriend.

B. The Trial Court Did Not Err in Its Interpretation of “Course of Conduct,” “Reasonable Person,” or “Emotional Distress.”

¶ 12 Girlfriend next argues that the trial court did not properly apply the definitions provided by the criminal stalking statute. First, she contends that the trial court failed to consider the totality of the circumstances when deciding whether she engaged in a “[c]ourse of conduct.” Girlfriend’s primary argument is that because the trial court found that Girlfriend’s threats were directed at Wife, it must not have considered that Girlfriend did not initiate the phone calls during which the threats were made. However, the premise of Girlfriend’s argument has previously been rejected by this court in the analogous context of a petition for a protective order.

¶ 13 In Martin v. Colonna, 2009 UT App 227, 217 P.3d 1147, an adult daughter sought a protective order against her father based, in part, upon threats made by the father during a telephone conversation with the daughter. See id. ¶ 6. In response, the father argued that a protective order could not be granted because the threats were made during an inadvertent conversation when his daughter unexpectedly answered the telephone at her mother’s house. See id. ¶ 12. The trial court agreed with the father and denied his daughter’s petition on the grounds that the father had not “intentionally sought [the daughter] out and threatened her.” Id. (internal quotation marks omitted). On appeal, this court reversed, determining that the inadvertence of the conversation was an inappropriate consideration. See id. ¶ 13. Instead, we explained that the proper inquiry was whether the father intentionally threatened his daughter under circumstances satisfying the elements needed to support a protective order, irrespective of whether the father intended to call his daughter. See id.

¶ 14 As in Martin, whether Girlfriend “sought [Wife] out and threatened her” is not an appropriate consideration here. See id. ¶ 12. Whatever circumstances resulted in the communications between Wife and Girlfriend,6 the trial court found that Girlfriend used the opportunity on two occasions to threaten Wife under circumstances that would cause a reasonable person to fear for her personal safety or to suffer emotional distress. Moreover, whereas the father in Martin was surprised to be speaking with his daughter when he called his former wife, Girlfriend knew that Wife was on the line when she took Husband’s cell phone and threatened to shoot Wife for the second time. However, even if we concluded that Girlfriend did not initiate either conversation, we agree with the trial court that this fact is not determinative of whether the threats made by Girlfriend were directed at Wife.

¶ 15 Nor are we convinced that, as Girlfriend suggests, the trial court failed to consider her conduct “cumulatively in light of all the facts and circumstances of the case.” See Ellison v. Stam, 2006 UT App 150, ¶ 38, 136 P.3d 1242. The trial court explained that in reaching its decision, it considered the relationship between Wife and Girlfriend, the fact that there had been “intense communication [that had] gone on for an extended period of time,” and “the anger and frustration [that had] gone on between [Wife and Girlfriend] over this affair.” Consequently, we are not convinced that the trial court misapprehended or failed to apply the cumulative analysis used to examine an alleged stalker’s conduct.

¶ 16 Similarly, Girlfriend’s argument that the trial court misinterpreted the statute’s definition of “[r]easonable person” is unconvincing. Girlfriend argues that because the criminal stalking statute defines reasonable person as a “reasonable person in the victim’s circumstances,” see Utah Code Ann. § 76–5–106.5(1)(e) (2008), a reasonable person in Wife’s circumstances would not have actually been afraid of Girlfriend’s threats because “[Girlfriend] was not standing on [Wife's] front porch with a gun in hand.” However, there is nothing in the statute that requires the trial court to find both that the stalker threatened the victim and that the victim believed that the stalker’s attempt to implement the threat was imminent. Compare Utah Code Ann. § 76–5–106.5(2) (containing no requirement that a reasonable stalking victim fear imminent action by stalker), with Utah Code Ann. §§ 78B–7–102(1), –103 (2008) (defining the abuse necessary to support a protective order as “intentionally or knowingly placing a cohabitant in reasonable fear of imminent physical harm”).

¶ 17 Additionally, Girlfriend misinterprets the focus of the requirement. According to the model code’s commentary, the language “in a victim’s circumstances” is meant to protect victims of actions that may seem benign, but are actually threatening; it is not intended to protect a stalker who does not intend to carry out his or her threats. See National Ctr. for Victims of Crime, The Model Stalking Code Revisited, cmt. at 37 (2007) (noting that if a stalker delivers roses to a victim, the gesture would not seem threatening unless the stalker previously told the victim that he would kill her when she received roses); see also Ellison, 2006 UT App 150, ¶ 38 (noting that conduct that would not be distressing to a stranger may be outrageous when directed at a victim who the actor had previously sexually assaulted); cf. Martin, 2009 UT App 227, ¶ 12 (noting that the trial court could consider “any physical abuse occurring when [the daughter] was a minor child that may [have] contribute[d] to the reasonableness of her fear of harm”). Thus, the trial court did not err when it based its order granting a civil stalking injunction on its finding that a reasonable person in Wife’s circumstances would be afraid when threatened twice by her husband’s armed girlfriend, notwithstanding the Girlfriend’s claim that she did not intend to carry out the threats.

¶ 18 Next, Girlfriend argues that the trial court erred by disregarding subsection (1)(d) of the criminal stalking statute, which defines “[e]motional distress” as “significant mental or psychological suffering, whether or not medical or other professional treatment or counseling is required.” See Utah Code Ann. § 76–5–106.5(1)(d). Girlfriend contends that our decisions in Salt Lake City v. Lopez, 935 P.2d 1259 (Utah Ct.App.1997), and its progeny hold that her conduct must be outrageous in order to satisfy the emotional distress prong of the stalking statute and that the trial court could not make such a finding based on her conduct here. See id. at 1264 (explaining that “[e]motional distress results from conduct that is outrageous and intolerable in that it offends the generally accepted standards of decency and morality” (internal quotation marks omitted)). However, the Lopez court looked to tort law to define “emotional distress” because the prior version of the stalking statute did not contain a definition for that term. See id.; see also Utah Code Ann. § 76–5–106.5 (2003). The Utah appellate courts have not yet had occasion to decide whether Lopez is still relevant in light of the legislature’s subsequent adoption of a statutory definition of emotional distress. However, we need not resolve that question today because we conclude that Girlfriend threatening to shoot Wife twice with the gun Husband allegedly gave to Girlfriend for that purpose easily satisfies the Lopez requirement that the conduct be outrageous, intolerable, and offensive to the general standards of decency and morality, see Lopez, 935 P.2d at 1264, as well as the legislature’s requirement that such conduct cause a reasonable person “to fear for the person’s own safety,” Utah Code Ann. § 76–5–106.5(2)(a) (2008), or to experience “significant mental or psychological suffering,” id. § 76–5–106.5(1)(d). Therefore, we leave for another day the question of whether the current statutory definition of “emotional distress” is the same as or broader than the definition borrowed from tort law.

¶ 19 In sum, the trial court did not misinterpret or misapply the criminal stalking statute when it issued a civil stalking injunction against Girlfriend. Further, Girlfriend’s challenge to the adequacy of the detail of the trial court’s factual findings is not preserved and she did not marshal the evidence as required to challenge the sufficiency of the evidence to support those findings.

¶ 21 WE CONCUR: WILLIAM A. THORNE JR. and STEPHEN L. ROTH, Judges.

1.  We recite the facts as found by the trial court.

2.  The appeal of Girlfriend’s petition against Wife for a civil stalking injunction is also before us. See Osburn v. Bott, 2011 UT App 138.

3.  However, we cannot find and Girlfriend has not directed us to any place in the record where she raised the inadequacy of the detail of the findings of fact with the trial court. Consequently, Girlfriend’s argument is not preserved. See 438 Main St. v. Easy Heat, Inc., 2004 UT 72, ¶ 56, 99 P.3d 801. Furthermore, Girlfriend did not meet her marshaling burden with respect to her challenge to the sufficiency of the evidence; instead she attacked the trial court’s determination that Wife was more credible than Girlfriend. See generally Ostermiller v. Ostermiller, 2010 UT 43, ¶ 20, 233 P.3d 489 (“To challenge a factual finding, ‘an appellant must first marshal all the evidence in support of the finding and then demonstrate that the evidence is legally insufficient to support the finding even when viewing it in the light most favorable to the court below.’ “ (additional internal quotation marks omitted) (quoting Chen v. Stewart, 2004 UT 82, ¶ 76, 100 P.3d 1177)). Therefore, we decline to address either of these issues further.

4.  Before the 2008 amendments, the criminal stalking statute provided,(2) A person is guilty of stalking who:(a) intentionally or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person:(i) to fear bodily injury to himself or a member of his immediate family; or(ii) to suffer emotional distress to himself or a member of his immediate family;(b) has knowledge or should have knowledge that the specific person:(i) will be placed in reasonable fear of bodily injury to himself or a member of his immediate family; or(ii) will suffer emotional distress or a member of his immediate family will suffer emotional distress; and(c) whose conduct:(i) induces fear in the specific person of bodily injury to himself or a member of his immediate family; or(ii) causes emotional distress in the specific person or a member of his immediate family.Utah Code Ann. § 76–5–106.5(2) (2003).

5.  Threatening a person is a prohibited “course of conduct.” See Utah Code Ann. § 76–5–106.5(1)(b)(i) (2008).

6.  Likewise, the fact that the trial court did not consider Wife’s questionable conduct directed at Girlfriend as a justification for the threats does not establish that the trial court misapplied the statutory definitions.

McHUGH, Associate Presiding Judge:

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Tips On Keeping A Personal Growth Journal

Posted on February 22, 2012 by admin

1329928637 99 Tips On Keeping A Personal Growth Journal

Journaling is a great way of ‘dropping in’ on yourself, and measuring your progress. Whenever we want to manage a new situation, cope with a crisis, clarify what we feel, or have a better understanding of ourselves, journal keeping acts as a powerful facilitator to our growth.To get the most from your journal it needs to be a place for honest, expression of self. This may mean that you need to take steps to ensure the privacy of your journal so you feel confident that it is a safe place to be completely open and honest with yourself.Use your journal to connect with yourself, mind, body & spirit. Simply by the way that you start your journal entry you can choose which aspect of yourself will be expressed. For example, I think…, I feel…which may express both the physical sensations of the body as well as the emotions you’re experiencing;I guess… or I imagine… allows you to draw on your creative, wise self.When you’re not sure what to do next, journaling can clarify or contain confusion. Once written down you may see what your next step might be. Sometimes, it may reveal that confusion has value, in that it prevents us from making rash decisions. Journaling during confusion, can help us to value the part it plays in our lives.If you’ve written everything down that causes you joy or pain… still feeling stuck and unsure of how to proceed., journaling the following statement can help you discover possibilities. If I wanted to I could…If this doesn’t clarify things, wait, and try again the on the following day.Trust the process.Journaling helps you come to know yourself more, accept yourself, and to learn to love yourself, by valuing all of your thoughts, feelings and behaviours, and treating them as messengers, helping you to learn. Like all relationships, growing in love & appreciation for yourself will come as a direct result of your intention to do so.’Shoulds, Oughts and Musts’ can steal joy from your life. Shoulds, oughts and musts, are generally the fruit of guilt, obligation & limited thinking. Psychologists call this ‘musterbatory thinking!” It can be a revealing experience to take the time to list all the things you think you should do & all the things you tell yourself you have to do. Ask yourself… are these activities really about who you really are and the life you’re here to live? Are you able to let go of some or all of these? Can you delegate any? Are you able to see that some are in fact things you ‘want’ to do and now feel free to view them in this much more joyful light?Gratitude is a powerful transformational practise. Journaling a daily list of all you’re grateful for as often as you can will truly change your life. The more often you ask your mind to sift your experience for everything great… the more your mind will make a habit of looking for what’s right with the world. Try it and observe what happens!Keeping a journal can also help you to heal emotional pain. Sometimes, emotional pain can manifest as symptoms in our body. Your journal you can help you clarify and work through painful memories and let them go.An interesting exercise is list in your journal all the people with whom you spend most time. Do these people uplift, energise, drain, or deplete you. This is powerful information if you allow it to guide your decisions about with whom you spend how much time. You may be surprised by what you discover.Do you need closure? You will know if you have any ‘unfinished business’. You can use your journal as a tool to help you gain closure. One of the journal tasks some people have benefitted from is by writing an ‘as if’ letter to the person you wish to say a psychological goodbye to… you can say anything left unsaid. It’s amazing how the simple act of writing this letter in the privacy of your own journal can allow you to feel heard, and then become willing and able to let go.Value yourself! It is said that what we appreciate, appreciates. Taking the time for some self appreciation in your journal is a fun and worthwhile practise. There are lots of ways to do this – such as creating a success log, where you can record every one of your achievements big and small that you can remember. Make a list of all the qualities and attributes you like about yourself, no matter how small and insignificant they may appear to you right now.Journaling facilitates your growth and prepares you for change. It helps you to visualise your intentions and goals. Journaling is a powerful means of measuring change and in valuing yourself and what matters most in your life.

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Medical Marijuana Hopefuls Face Tough Crowd in Ward 5

Posted on February 22, 2012 by admin

1329927452 64 Medical Marijuana Hopefuls Face Tough Crowd in Ward 5

Not even Montel Williams’ emotional pleas could shake the hardened resolves of the many residents who attended an ANC meeting last night to discuss six applications for medical marijuana cultivation centers in a small area of Ward 5.

The former talk show host and longtime medical marijuana user, who has applied for two cultivation center licenses in a shell of a building on Queens Chapel Road, explained that an imposing fence would surround the facility, access would be strictly limited and monitored and that his marijuana would travel in armored cars to the five dispensaries that are planned as part of the District’s long-awaited medical marijuana program.

Still, ANC 5B commissioners peppered him with critical questions and members of the audience expressed skepticism with his plans. At one point, Williams seemed overcome of emotion, speaking of his own multiple sclerosis and how the pain affected him on a daily basis. “I hurt every day,” he admitted as he choked up. It didn’t seem to sway anyone.

None of the three other groups that pitched the ANC on their respective plans received a much more welcome response. They were accused of simply not knowing the neighborhoods in which they wanted to set up shop, and various residents said that their city-mandated surveys had been done improperly. (No cultivation center is allowed within 300 feet of a school or recreation center, a measurement that has to be verified by a certified surveyor.) “You didn’t do your homework, you didn’t do your research,” said ANC 5B Chair Jacqueline Manning in frustration after various applicants couldn’t admit that they knew of a girls group home or nearby residences.

The general feeling was that Ward 5 was once again being treated as a dumping ground, as residents openly took umbrage with the characterization of some parts of the ward as “blighted.” Kathy Henderson, a civic activist who is running for the open Ward 5 D.C. Council seat, went so far as to say that any further progress on the medical marijuana program should be delayed until after the May 15 special election.

If this were any other ANC meeting, all the tension could likely have been brushed aside. But this meeting was called to allow the ANC to weigh in on the four applicants that passed first muster with a six-person city panel and must now sell their plans to the communities where they seek to locate. While the ANC cannot veto any proposed cultivation center, they could deny them the 50 points that they have to add to the final score that will determine who gets one of the 10 coveted licenses and who just wasted a lot of money and emotional capital trying.

That the meeting went so poorly wasn’t only a function of strident opposition to the medical marijuana facilities in Ward 5, but also because the D.C. Department of Health failed to turn necessary information on the applications, including proposed security plans, to the ANC ahead of time. Worse still, two of the four applicants said that they had been given almost no notice of the meeting, and appeared without much information for the audience. One applicant who runs a cultivation center in Montana seemed particularly taken aback by the furor in the room, something he could have prepared for had he not been given two hours notice of the meeting, he said. And though the 30-day timeframe for ANC comments was due to wrap up this week, yesterday that Department of Health gave a month-long extension for further consideration of applications.

This certainly won’t be the last ANC meeting of its sort, either. There are a number of remaining applications that have yet to be sent to ANCs for consideration, the majority in Ward 5. Under legislation passed last month by the D.C. Council, only six cultivation centers will be allowed to open in Ward 5. Of course, the problem is that only two of the 28 applications submitted were outside of Ward 5, so even if those are granted licenses, only eight of the 10 cultivation centers planned for the program will be able to open.

View First Ward 5 Medical Marijuana Cultivation Centers in a larger map

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Dog Attack in Hemet Causes Injuries

Posted on February 22, 2012 by admin

1329926237 24 Dog Attack in Hemet Causes Injuries

Michael North, 71, and his dog, Brindle, were injured in a dog bite incident in Hemet after two loose pit bulls attacked them. According to a news report in The Press-Enterprise, the dog attack occurred the afternoon of February 10, 2012. North and his American Bulldog mix, Brindle, were on their daily walk when they were suddenly attacked by two pit bulls. North says his injuries and his dog’s injuries would have been a lot worse if it weren’t for good Samaritans who used lumber and a ceramic flower pot to fend off the attacking pit bulls. Police captured one of the pit bulls, but the larger dog is still on the loose.

My heart goes out to Michael North and his pet who were injured in this dog attack. It is indeed fortunate that the passers by were able to help them. I wish North the very best for a speedy and complete recovery from whatever injuries he has sustained.

Dog Bite Statistics

According to the Centers for Disease Control and Prevention (CDC), dogs bite approximately 4.5 million Americans every year. About one in five dog bites require medical attention. In the year 2006, more than 31,000 people suffered serious injuries that required reconstructive surgery following a dog attack. Also, according to CDC statistics, more than half of all fatal dog bite incidents in the United States involve just two breeds of dogs – pit bulls and rottweilers.

Laws and Liability Issues

Based on this news report, North and his dog were on their daily walk when the pit bulls suddenly attacked them. I trust officials will be able to find the other pit bull, which is definitely a danger to members of that community. It is not clear at the moment who owned these dogs. Under California’s strict liability statute, dog owners can be held liable for injuries caused by their pets.

California’s Civil Code Section 3342 states: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

Victims of dog attacks would be well advised to contact an experienced Riverside personal injury lawyer, who will help protect their legal rights. Injured dog bite victims could seek compensation to cover damages such as medical expenses, loss of wages, cost of hospitalization, cosmetic procedures, pain and suffering, and emotional distress. Compensation may also be available for victims from the dog owner’s homeowner insurance policy.

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In U.S., Very Religious Have Higher Wellbeing Across All Faiths

Posted on February 22, 2012 by admin

1329925052 52 In U.S., Very Religious Have Higher Wellbeing Across All Faiths

This article is part of a special multipart series on religiosity and wellbeing in America. Previous articles have explored the relationship between religiosity and wellbeing across the Well-Being Index and sub-indexes, examined religiosity and emotional health, and reviewed the relationship between religion and physical health.

PRINCETON, NJ — Very religious Americans of all major faiths have higher overall wellbeing than do their respective counterparts who are moderately religious or nonreligious. This relationship, based on an analysis of more than 676,000 interviews as part of the Gallup-Healthways Well-Being Index, is statistically significant after controlling for major demographic and regional variables.

Gallup research has previously documented that Americans who are the most religious have the highest wellbeing. The current results confirm that this same pattern persists in all major faith groups. The major difference in wellbeing is between the very religious and the other two groups, although not necessarily in strict progression.

For three religious groups — Jews, Mormons, and other non-Christians — those who are nonreligious and moderately religious have essentially the same wellbeing, both lower than those who are very religious. In four of the groups — Muslims, Catholics, Protestants, and those with no religious identity — those who are nonreligious have at least slightly higher wellbeing than those who are moderately religious. In these last four groups, both the moderately and nonreligious groups have lower wellbeing than the very religious — with the exception of those who have no religious identity.

Americans' degree of religiousness, as defined in this analysis, is based on responses to two questions asking about the importance of religion and church attendance, yielding the "very religious," "moderately religious," and "nonreligious" groups. (See page 2 for details of this classification procedure.)

Previous research has shown that religiosity, defined as either church attendance or self-reported importance of religion, is related to age, gender, race and ethnicity, region and state of the country, socio-economic status, marital status, and child-bearing status. Because wellbeing is also related to these variables, this analysis statistically controls for all of these characteristics.

Jews Have the Highest Wellbeing Overall, Those With No Religious Identity the Lowest

Jews and Mormons have the highest wellbeing of any of the faith groups examined in this analysis, while those with no religious identity have the lowest overall wellbeing.

Analyzing the six wellbeing sub-indexes reveals the areas in which certain groups excel and others fall behind. Jews score proportionately higher on the Basic Access sub-index. Muslims score higher on the Life Evaluation and Physical Health Indexes, compared with the other faiths. Protestants, on the other hand, score lowest on the Life Evaluation Index and the Physical Health Index, compared with the other faith groups. (See page 2 for descriptions of the sub-indexes.)

Religious Intensity Greatest for Mormons, Lowest for Jews

Mormons are by far the most religious of these groups, with 73.4% categorized as very religious. Protestants, Muslims, and Roman Catholics are next in order of religiousness, although less than half of the latter two of these groups are classified as very religious. Americans who identify with other non-Christian religions, Jews, and those who have no formal religious identity are the least religious of any of the faith groups. As noted, the relative effect of religiousness on wellbeing generally persists despite these overall differences.

Implications

The findings confirm that the strong positive relationship between religiosity and wellbeing that Gallup previously demonstrated holds regardless of faith. Furthermore, the relationship appears to be largely independent of the proportions of very religious, moderately religious, and nonreligious in each religious group, and it is more closely aligned with the faith itself. Muslims, for example, have a much lower level of wellbeing than do Jews. At the same time, the "wellbeing gap" that exists between Muslims' and Jews' most religious and least religious constituencies is roughly the same, even though Jews have fewer very religious identifiers.

Gallup will continue to explore the relationship between wellbeing and religion in future articles.

Editor's Note: The article revises and updates a previous analysis based on 2008 and 2009 data.

About the Gallup-Healthways Well-Being Index

The Gallup-Healthways Well-Being Index tracks wellbeing in the U.S., U.K., and Germany and provides best-in-class solutions for a healthier world. To learn more, please visit well-beingindex.com.

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Fixing A Broken Heart Quotes – Motivate Yourself

Posted on February 22, 2012 by admin

1329922654 82 Fixing A Broken Heart Quotes – Motivate Yourself

Healing A Cracked Heart by just basic reading “Quotes” Is it possible — Realizing that your center isn’t damaged can be a relief. But when you’re desperately trying to rid yourself of a former mate, and you are obviously in emotional pain, this bit of perception is cold ease. Many say they can feel a physical aching in the chest that could last for weeks and in some cases months. An inability to know love songs about the radio without moaping is common. At worst, those struggling by way of a break-up can’t stand to be by itself, and avoid places exactly where they might see the ex. Conversely, they may even arrange to own in to their former fire.

Why do we find the idea so hard to release any time a relationship ends? We are emotionally attached when we fall in love. Emotional addition is wonderful once the relationship is in whole bloom, but a great source of pain once the romance is over. Psychological attachment is responsible for significantly angst, from covet to endless mooning over the lost love, for an inability to move on. When you finally break the particular attachment, you have a satisfying neutrality towards the former subject of your attachment. You know you’re over him when you can see your ex with another person and not feel an outburst of emotion. It isn’t that you wish him ill; you simply don’t see why you were consequently hung up on your ex to begin with.

Here are some curing a Broken Heart Quotes which will provokes you to rethink the particular mistakes which you create,recollect the thoughts,get strength from those precious minute which you spent along with her.Organize yourself, perform like a normal man and earn roadmap which will steer you straight toward her heart.

Here comes your mindset doze!

“Love is the toughest habit to break, and the most difficult to satisfy.In – Drew Barrymore

“Rejection can be God’s protection” – Anonymous

“The hottest love provides the coldest end.In . – Socrates

“If someone you love wounds you cry a river, build a fill, and get over it.In . – Anonymous

“Love is sort of a puzzle. When you’re for each other, all the pieces fit but when your coronary heart gets broken, it will take a while to get anything back together.” – Author Unknown

“They state that time heals many wounds but almost all it’s done so considerably is give me more time to think about how much My spouse and i miss you.In . – Ezbeth Wilder

“Trying to forget about someone you love is like seeking to remember someone due to knew.” Anonymous

Some inspirational tips on how to heal a broken heart through getting her back in your own arms!

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Merit Decision: Employer Intentional Torts and Sovereign Immunity. Sampson v. Cuyahoga Metropolitan Housing Authority.

Posted on February 22, 2012 by admin

1329921463 77 Merit Decision: Employer Intentional Torts and Sovereign Immunity. Sampson v. Cuyahoga Metropolitan Housing Authority.

 On February 16 2012, the Supreme Court of Ohio decided the case of Sampson v. Cuyahoga Metr. Hous. Auth., slip opinion no. 2012-Ohio-570. In a unanimous decision authored by Justice Cupp, the Court held that the employee of a political subdivision could sue his employer for an intentional tort that arose out of the employment relationship. 

Darrell Sampson was a Cuyahoga Metropolitan Housing Authority (CMHA) employee in the maintenance department.  He, along with twelve fellow employees, was accused of misuse of CMHA gas credit cards.  Samspon and the others were all very publicly arrested in front of their fellow employees.. Samspon was indicted on two felony charges, and fired.  After a short return to his former job following an arbitration in his favor, Samspon found his old job intolerable, and quit. He filed several negligence and intentional tort actions against CMHA.

At issue in this appeal are the intentional tort claims (intentional infliction of emotional distress and abuse of process.)  Specifically, the issue is whether CMHA is entitled to immunity from these tort claims.

R.C. 2744.09(B), part of the political subdivision immunity statute, provides that there is no immunity for a political subdivision in a civil action brought by an employee for any matter arising out of the employment relationship. It is undisputed that the CMHA is a political subdivision. What is disputed is the meaning of “arising out of the employment relationship.”

CMHA argued that it is entitled to statutory immunity in this action because intentional torts by definition do not arise out of the employment relationship. In making this argument it relied on precedent from worker’s compensation law that intentional torts by definition do not arise out of the employment relationship. Sampson argued that under the plain language of the statute, the tort claims clearly arise out of the employment relationship and CMHA is not entitled to immunity.

In Blankenship v. Cincinnati Milacron Chems. Inc. the Court held that in addition to  workers’ compensation benefits, employees could pursue a common law action for damages against their employers for an intentional injury, because conceptually an intentional harm completely severs the employment relationship and cannot arise from it. The Court in Sampson rejected out of hand CMHA’s attempt to import this body of worker’s compensation law into political subdivision immunity law, specifically holding that R.C. 2744.09(B) does not incorporate the Blankenship rationale. The Court gave the following reasons for this.  First, there is nothing in the language of the immunity statute here at issue which suggests any intent to incorporate “the Blankenship rationale”.  Second, and more significantly, the underpinnings of the workers’ compensation framework and Chapter 2744 are totally different.  Article II, Section 35 of the Ohio Constitution and the related statutes were part of a compromise where workers are assured of compensation without having to prove fault, and employers are assured of limited liability.  In comparison, Chapter 2744, the Political Subdivision Tort Liability Act, was enacted in response to the judicial abrogation of common-law sovereign immunity, and was designed to preserve the public fisc.

The Court concluded that eliminating “the Blankenship gloss” from the analysis, the phrase “relative to any matter that arises out of the employment relationship” is clear.  There must simply be a causal connection between the subject matter of the tort claim and the employment relationship. Since the case had originally been decided on summary judgment, the Supreme Court, detailing evidence Samspon had provided, found that reasonable minds could conclude that Sampson’s claims , if proven, arose from his employment relationship with CMHA, and that CMHA was not entitled to immunity in this case under R.C. 2744.09(B).

Justice Lanzinger concurred in judgment only.  She agrees that as now defined, an intentional tort arises out of the employment relationship. She also agrees that there are genuine issues of material fact here, but adds that when the case goes to trial, Sampson must prove an intentional tort as defined by R.C. 2745.01—with the intent to injure or with the belief that injury was substantially certain to occur ( which now means with deliberate intent).  She also added this very interesting ¶ 28:

“The General Assembly has rejected the artificial theory set forth in Blankenship v. Cincinnati Milacron Chems., Inc., 69 Ohio St.2d 608, 433 N.E.2d 572 (1982), and its progeny that intentional torts arise outside the employment relationship and cannot be received in the course of employment. I believe that in this case we are acknowledging that an intentional tort, as it has been redefined by statute, may indeed arise in the course of employment. The legal fiction that such a tort arises outside of the employment relationship should be put to rest, and language that was invoked initially to broaden workers’ recovery should not nowbe used to immunize political subdivisions.”

Case Syllabus

1. When an employee of a political-subdivision employer brings a civil action against the political subdivision alleging an intentional tort, that civil action may qualify as a “matter that arises out of the employment relationship” within the meaning of R.C. 2744.09(B).

 2. An employee’s action against a political-subdivision employer arises out of the employment relationship between the employee and the political subdivision within the meaning of R.C. 2744.09(B) if there is a causal connection or a causal relationship between the claims raised by the employee and the employment relationship.

Concluding Observations

It was clear to me during the oral argument that the Court just wasn’t buying the attempt to  engraft the law of employer intentional torts onto the sovereign immunity exception statute, and that’s what I wrote when I called this case for Sampson. A majority of justices on the current court clearly dislike the common law employer intentional tort created by the Blankenship line of cases.  Rather than extend it, the day may come when they kill it entirely.  They came close in Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250, 2010-Ohio-1027 when the Court upheld the validity of R.C. 2745.01.

 I also made a lucky guess that it wouldn’t be surprising if Justice Cupp wrote about the different historical paths between the employer intentional tort and political subdivision immunity. I had no idea he’d end up as the opinion author — there is no way of knowing that in advance; it’s determined by a dice roll during post argument conference.  I thought he’d write about this, regardless of who wrote the majority opinion, and he did, although on a far lesser scale than he did as the author of Kaminski.

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» Yet Another Taxpayer-Funded University Study Smears Fox News – Big Government

Posted on February 22, 2012 by admin

1329920250 42 » Yet Another Taxpayer Funded University Study Smears Fox News Big Government

If the taxpayers of Delaware aren’t startled by the following news, nothing will bother them:

The University of Delaware – which recently increased tuition by 7% on students – has just spent what we can only assume was a great deal of money to complete a “major survey” of how little Fox News viewers understand the Occupy Wall Street movement.

The earth-shaking evidence provided by this survey tells us that Fox viewers are the least likely among consumers of various media outlets to understand the “central message” of the Occupy movement: “Too few people control the majority of the nation’s wealth and power.”  Viewers of the Daily Show and the Colbert Report – both Comedy Central shows – know the most, according to the intrepid research.

But is that really the main message of the movement? From what we can tell, Occupy has been a largely violent, disorganized and hyper-emotional mess that has conveyed many strange and frightening messages.

We’ve heard various Occupy crowds chanting for the overthrow of the government. We’ve seen them waving signs suggesting that wealthy Americans should be murdered and eaten. We’ve heard Occupiers suggest that the U.S. should be a lot more like totalitarian Cuba. More than anything, we’ve had the impression that Occupy is largely a bunch of unproductive people searching for a free meal and a tent to sleep in.

But the University of Delaware says it’s about the concentration of wealth. For the sake of argument, we can accept that.

The question is, so what?

Is it worth spending tax dollars to “prove” to the nation that Fox viewers don’t share the liberal professors’ passion and empathy for the Occupy movement? We could have told you that for free. The Marxist professors who dominate our public universities hate Fox News, and will take any opportunity to publicly insult it. But that has more to do with their own political viewpoint than public policy. How can they get away with using tax dollars to attack their personal political enemies?

Perhaps we shouldn’t be surprised. Dannagal Young, an assistant professor of communications and lead researcher of this study, recently wasted even more tax dollars to tell us that viewers of “The Daily Show” and “The Colbert Report” – both satirical programs that lean to the left – are intellectually “deep.”

It sounds to us like Young is more interested in angling for the presidency of the Colbert Report fan club than providing any worthwhile research.

As for Young’s politics, there’s no surprise there. She’s a personal contributor to Barack Obama’s presidential campaign.

If we were residents of Delaware, we would march up to the statehouse this afternoon and demand a full refund of our misused and wasted tax dollars.

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Advantageous Steps When You Are Getting Difficulties With Worry

Posted on February 22, 2012 by admin

1329917850 83 Advantageous Steps When You Are Getting Difficulties With Worry

Do you realize you can find a immediate backlink to emotional stress and health? It could actually be psychological health or simply physical health. There’s lots of very common conditions that could be prevented by living a comparatively emotional stress costless lifetime additionally, the following guide gives you some solid suggestions on how to begin living that lifetime presently.

An amazing suggestion which can enable you to retain your emotional stress amounts down is to try to not be so substantial each of the time. Savor a good quality laugh when ever you’re able to and try to smile around possible. These uncomplicated acts can go a protracted way in trying to keep your emotional stress down. reiki healing

Test trying to keep a journal that can help you deal with emotional stress. Receiving your emotions down on paper can regularly enable you to locate choices to issues or see elements from a different angle. Not only that, nevertheless the uncomplicated act of expressing your worries fairly than bottling them up may help to alleviate tension.

Practice progressive muscle mass rest, particularly in case you have emotional stress in the neck and shoulders. It’s possible to tense and loosen up a particular muscle mass group for easy emotional stress relief, or if time helps, invest 20 minutes to alleviate the day’s amassed tension by tensing personal muscle mass groups and then enjoyable them. You will definitely sense the stress subside shortly.reiki healer

Concerning managing emotional stress, consider heading into a shooting selection. Firing a firearm are usually an incredible method to permit emotional stress out inside of a safe and sound way. Ensure that you comply with all regulations and regulations in the shooting selection and this can not merely be considered a exceptional emotional stress relief mechanism but in addition a possible new hobby for you.reiki

Receiving an outstanding massage may be a incredible method to decrease emotional stress. Massage is very enjoyable and can improve decrease blood pressure level and enable you to get a whole lot more snooze. Stress leads to muscle mass tension and complications. Massage will loosen up the muscles and can improve decrease discomfort and aches all through your body, top into a less stress filled brain.

Receiving a pet is a superb method to decrease emotional stress. A lot of research have shown that pet owners stay more time and stay a whole lot more emotional stress costless lives. Pet owners have lower blood pressure level and lead happier lives. Regardless of whether you don’t have a pet, head over to a associates house or neighbors and pet their bestial for the couple of minutes, examine has shown that even only a couple of minutes of petting an bestial will decrease emotional stress.

Warmth and darkness collectively are stated to become comforting. Test warming your fingers up by rubbing them collectively vigorously for the couple of minutes. It’s possible to then location them more than your eyes to build the darkness and warmth simultaneously. This may improve loosen up you and likewise just take your focus from your emotional stress and in direction of your healing.

Stress doesn’t have to destroy your lifetime. Just recognizing that there are methods to cope with emotional stress may help lower your emotional stress amounts. For those who utilize the approaches and suggestions you’ve gotten figured out out of this guide, prior to you realize it you certainly will be experience a whole lot more calm and even more on top of things of your respective lifetime.

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