August 2021

Legislative assembly

The HC will take care of the “three capitals” business from tomorrow

A full bench of the Andhra Pradesh High Court, comprising Chief Justice Arup Kumar Goswami and Justices Joymalya Bagchi and N. Jayasurya, are expected to begin a new hearing of arguments in more than 90 petitions that challenged the decentralization of the PA and the inclusive development of all regions and the abrogation of the CRDA. Invoices, 2020, from August 23.

The cases were last dealt with by the same Chamber in early May, when they were supposed to have a physical hearing, but were unable to listen to the arguments in person due to the difficulty expressed by some lawyers in finding themselves. present in court due to the COVID pandemic. .

From Monday, cases will be heard in virtual and physical mode.

At the center of all the controversy are the proposed “three capitals” namely Amaravati, Visakhapatnam and Kurnool as legislative, executive and judicial capitals respectively, for which the above enabling laws had been passed in the Assembly, but hit a stumbling block in the Council in the form of their referral by then-President Mr Ahmed Shariff to a select committee, which resulted in the adoption of a resolution in the Assembly for the abolition of the Council.

The petitions mainly include those challenging the appointment of the GN Rao committee, which recommended the development of the three capitals for as many vital functions, and the approval of its findings by the government’s high power committee.

The others oppose the transfer of the Amaravati offices to Hyderabad (envisaged in the AP Reorganization Act, 2014 as the common capital of Andhra Pradesh and Telangana), the transfer of the High Court and the office of the Commissioner of vigilance and investigations in Kurnool, grants for the construction of millennium towers in Visakhapatnam, allocation of building land on Amaravati land acquired for the establishment of the capital and abolition of the Legislative Council (this proposal is pending with central government).

There are also petitions challenging the imposition of restraining orders in the existing capital region (Amaravati) under article 144 of the Code of Criminal Procedure, which are supposed to prevent protests by farmers and the general public. against the relocation of the “executive capital” from Amaravati to Visakhapatnam.

It can also be noted that the recent Cabinet meeting decided to move the Institution of Lokayukta and Upa-Lokayukta from Hyderabad to Kurnool even as some petitions which prayed for their transfer to the R&B buildings in Vijayawada were awaiting trial by the High Court.

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Higdon: court ruling creates opportunity for governor and legislature to cooperate

14th District State Senator

Saturday 28 August 2021 – Kentucky has been in a perpetual state of emergency since March 6, 2020. Since the onset of the global pandemic, the voice of the representative branch of state government, the Kentucky General Assembly, has not always been heard regarding the state’s response to COVID-19. Following recent rulings by Senior US Judge William O. Bertelsman and the Kentucky Supreme Court, that has changed.


On Saturday, August 21, the Kentucky Supreme Court rendered a unanimous decision affirming the legislation passed at the recent Kentucky General Assembly session. House Bill 1, House Resolution 77, Senate Bill 1, and Senate Bill 2 provide for legislative oversight of the emergency powers of the executive. The legislation reformed Kentucky Law (KRS 39A), which was an outlier regarding the scope of powers it allowed the executive to exercise during a declared state of emergency. Only nine other states currently have no relevant provision for legislative oversight of emergency executive powers. A majority of states have proven to be able to respond and mitigate COVID-19 through cooperation and deliberation involving more than the executive branch of state government.

With the executive’s limited engagement with the Kentucky legislature throughout this pandemic, we have stood firm and ready to help. In April 2020, weeks after the declaration of a state of emergency, the Kentucky General Assembly enacted legislation that broadly supported the emergency measures put in place by the governor. As Kentucky’s Unemployment Insurance (UI) system became overburdened after the state shutdown, lawmakers offered 100 employees to help. Over time, the legislature enacted laws to provide protections for Kentuckians who mistakenly received benefits they would be required to repay. We also provided millions of dollars to upgrade the dilapidated computer system. These are just a few examples of the efforts of lawmakers.

On unemployment insurance, I worked to help those whose unemployment funds were not paid. With my best efforts and those of others, there are still many people who have not received their benefits. If this is the case for you, a loved one or a colleague, please email me at [email protected]

Countless phone calls, letters and legislative updates since the onset of the pandemic have expressed the frustrations of lawmakers, who are keen to engage and share their unique perspectives from the districts they represent. Following court rulings, the Franklin Circuit Court injunction on the legislation was ordered to be lifted. At that time, the legislature will assume its necessary role in the ongoing discussions on COVID-19. At the time of this column’s submission, the Franklin Circuit Court has not formally lifted the injunction. Rather, the judge gave the respective parties in the case ten days to negotiate and respond. To be clear, the state of emergency remains in effect. Lawmakers are hoping for a reset in relations with the executive branch and to engage in a way that will ensure the holistic good of the Commonwealth. This is what we have been asking for from the start.

With COVID-19 cases on the rise again, I encourage you to take reasonable steps to stay safe. Although I have personally chosen to be vaccinated against COVID-19, I understand that there are hesitations and that genuine concerns deserve respect. If you have any doubts or concerns, do not hesitate to consult your doctor to see if this may be right for you. If you are at a higher risk of COVID-19, please take whatever precautions you feel are necessary to stay safe. It should be remembered that over 90% of COVID-19-related deaths in Kentucky are aged 60 or older. Forty-five percent are over 80 years old. The delta variant appears to be more transmissible than the original variant and makes young people sicker than before.

The Kentucky General Assembly stands ready to be a partner in the fight against COVID-19 and hopes that our concerns and those of our constituents are welcome as part of the conversation moving forward.


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Puerto rico government

Why San Francisco’s city government is so dysfunctional

SA FRANCISCO has the lowest covid-19 death rate of any major US city. An early shutdown, a culture of caution and mask warrants have helped curb the spread of the virus. “Our response to covid-19 has been hailed as a national model,” said the Mayor of London Breed. More than 78% of eligible people are fully immunized, one of the highest rates in the country.

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The City of the Bay may have avoided a heavy toll of covid-19 but, counterintuitively, it could feel the impact of the virus longer than other places. Ted Egan, the city’s chief economist, admits it. “San Francisco may well experience a slower economic recovery than other cities,” he said. The city, with a GDP which roughly corresponds to that of Greece, faces a series of problems. These include emigration, an increase in certain types of crime, drugs and homelessness. Dysfunctional and corrupt governance makes them more difficult to correct.

Faced with the prospect of paying high rents while enduring some of the longest and tightest lockdowns in the country, people left, some for good. According to CBRE, commercial property, 27% of offices are marketed as available in San Francisco (compared to 19% in Manhattan). An analysis from the California Policy Lab at the University of California shows that San Francisco’s “net exits” (those who leave less those who arrive) have increased 649%, from 5,200 to nearly 39,000, over the years. last three quarters of 2020. Falling apartment rents were the highest in the country, even if they are going up. Even with this adjustment, the cost of living in San Francisco is still about two and a half times the national average and 44% higher than in New York City.

Much attention has been paid to technicians taking their laptops to the suburbs, the Sierras or Austin, Texas, but the less well off have also moved. In the first quarter of 2021, average wages rose 34% year-on-year, the biggest jump of any major county and six times the national average. This suggests a serious shortage of workers, especially in the hospitality industry, says Egan.

With less fuss and fewer commuters, San Francisco’s problems became more evident. “We’re a smaller town, a dense city, so our social issues are more visible to people,” says Matt Haney, who represents the troubled neighborhood of Tenderloin on the 11-member supervisory board, which functions as the branch. city ​​legislature. “Our municipal government is failing to respond at the moment and has been doing so for some time,” he admits.

Start with schools. San Francisco was the only city in the top 25 not to bring most high school and high school students back to classrooms at all in the 2020-21 school year. Meanwhile, the school board used its time to remove merit-based admissions from its main high school to bolster diversity, and spent months researching and then voting to change schools named after people who ‘he considered reprehensible on the grounds of racism or otherwise. of progress, like George Washington and Abraham Lincoln, before dropping the idea after a public outcry.

The renaming saga without reopening was almost a parody of San Francisco. A school board commissioner criticized for his racist tweets tried to sue fellow board members and the school district for $ 87 million. Parents who could afford it, including the former director of the parent-teacher association, transferred their children to private schools. Now an effort is underway to collect enough signatures to remove three trustees from the school board in a special recall election. On Twitter, some teachers and school board members are retaliating against parents for “reopening”.

A similar dysfunction plagues the police and the criminal justice system. Prior to covid-19, San Francisco was the US burglary capital; but with fewer tourists, the criminals have diverted their attention. Home burglaries are on the rise. Filming more than doubled last year. Viral videos show daytime break-ins, with perpetrators walking out of stores without consequence. Lax enforcement of drug laws can be fatal when even small amounts can kill. In 2020, San Francisco recorded around 700 overdose deaths, mostly from fentanyl: more than double the number of covid-19.

The prosecutor (AD), Chesa Boudin, who ran on a platform to send fewer people to prison and took office in January 2020, is the person of public interest. Two recall campaigns to remove him from his functions were launched. One failed, but the other looks set to collect enough signatures to trigger a vote. Mr. Boudin, son of two members of the left-wing group Weather Underground who were convicted of their involvement in the murder of two policemen and a security guard, has many criticisms, including, unsurprisingly, the police. Tony Montoya, who heads the police union, says officers bring some cases directly to federal prosecutors because they believe the AD is reluctant to pursue them and pursue maximum loads.

Mr. Boudin says he is being unfairly targeted. “None of the recall groups are talking about the closure of our courthouse in the past year,” he says. “The problems were driven more by a pandemic than by any policy I have pursued.” The police are not faultless either. In the fourth quarter of last year, the theft “elimination” rate (which measures the share of reported crimes that result in arrest) was half that of New York City. The police are notoriously callous. Gillian Morris, founder of a startup, called three times about two office break-ins and a stolen package, but never got a response. She describes San Francisco as “the most dysfunctional place I have ever lived when it comes to property protection and public safety.” (She left and now lives in San Juan, Puerto Rico.)

All this despite San Francisco’s budget which has more than doubled since 2010 when the population grew by less than 9%. As Michael Shellenberger, a journalist, writes in his upcoming book, “San Fransicko”: “Although I have been a progressive and a Democrat my entire adult life, I found myself asking a question that seemed rather conservative. What were we going to get for our high taxes? And why, after 20 years of voting for ballot initiatives promising to tackle drug addiction, mental illness and homelessness, have all three got worse? “

A city hall insider suggests that San Francisco is overreacting to issues making national news and devising solutions to the country’s problems rather than its own. For example, when Mr. Boudin introduced his less punitive justice platform, San Francisco already had one of the lowest incarceration rates in the country. In 2019, 106 adults were in prison per 100,000 people, one-fifth the rate in California and the country. If the rest of the country behaved like San Francisco, the prison population would decrease by 80%, says James Austin of the JFA Institute, a think tank that evaluates criminal justice policy.

City politics would be very different, one district attorney quips, if everyone who is fed up could vote after leaving San Francisco. Joel Kotkin of Chapman University attributes the high costs to the city’s political makeup: “You wouldn’t have San Francisco politics if there was still a middle class left,” he says. Young techs are passing residents, and older residents, who locked themselves in affordable housing decades ago, are quite happy with the status quo. The well-heeled can isolate themselves most of the time, withdraw from public schools, and hire neighborhood security guards. As it is, the city has been a safe Democrat for 40 years and seems allergic to choosing a Bloomberg-like character from one of the big tech companies to try something different.

No mayor-elect has failed to be re-elected in 20 years, says Together’s Griffin Gaffney SF, a group of volunteers. And this despite a series of corruption scandals. Joe Eskenazi, reporter for Mission Local, an online news site, believes that “San Francisco’s problems are not liberalism. These are incompetence and corruption. The municipal registry has long been a feature of the city, dating back to the days of the Barbary Coast and the Gold Rush. But many are unaware that their city is currently at the center of a major public corruption investigation by the Federal Bureau of Investigation (FBI).

Already three former department heads of the town hall have been indicted by federal prosecutors, including the former head of the public works department, Mohammed Nuru, who has been accused of corruption. Craig Fair, the FBI officer in charge, describes “the insidious corruption that plagues San Francisco”. Mayor Breed, who once dated Mr Nuru, recently agreed to pay the city’s ethics commission a fine of $ 23,000 for accepting payment for his car repairs from Mr Nuru and using the stationery of the mayor to put pressure on the then governor to reduce his brother’s prison sentence.

Ms. Breed is also the highest paid mayor in the country, with a salary of $ 351,000. She sits at the top of a highly paid bureaucracy. In 2020, nearly 150 city employees earned salaries in excess of $ 300,000 and about a fifth of salaries over $ 150,000. The cost of living contributes to these packages. But the city government also functions as one of those clubby and highly regarded startups that politicians accuse of ruining San Francisco – with cash, but operating with little oversight.

This article appeared in the United States section of the print edition under the title “Fogged in”

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Upper house

couple meticulously restore 1870s Edwardsville home | Home & Garden

“The original material is so much better than what you can buy,” Kurt says. After refurbishing the original fitted wardrobes in the master bedroom, the Ackermans installed wardrobes in every room upstairs in the older style of the house.

Now, after an addition and an extensive restoration process, the Glass House is 3,000 square feet with three bedrooms and two and a half baths. The brick driveway is an original part of the house, with an original tub, original door hardware throughout the house, and some light fixtures from the 1870s and 1920s.

The couple even had a photo of the house from an 1895 article in the local newspaper, the Edwardsville Intelligencer. They match the distinct rectangular design of the house porch, which is Kurt’s primary focus with any project.

“Every time I take on a project, I like to bring it back to what it was. We have kept a lot of the original things, ”he says. “We could move things around, but I’m trying to keep the original house as much as possible. “

Rillo, the female American Staffordshire Terrier, with owners Kurt and Gretchen Ackerman in the living room of their home in Edwardsville, Ill. On August 21, 2021. Photo by Tim Vizer

Tim Vizer

Kurt and Gretchen Ackerman

Age • He is 60 years old and she is 57.

Professions • He owns Old House Restoration, which specializes in restoring old doors and windows. She is a former market research analyst and recently started working for their company.

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Legislative assembly

Sultan Mahmood sworn in as PoK chairman

Veteran politician Sultan Mahmood was sworn in as the new president of Pakistan-occupied Kashmir (PoK) on Wednesday.

Mahmood became the region’s 28th president after being elected by the Legislative Assembly on August 17. He was nominated for the top post by Pakistan Tehreek-e-Insaf (PTI) which won the July 25 elections.

He had won 34 votes against his rival, the joint opposition candidate, Mian Abdul Waheed, who won 16 votes.

He succeeds Sardar Masood Khan, whose term ends on August 24.

Mahmood was also Prime Minister of the PoK between July 1996 and July 2001. He is the regional chairman of the PTI and was elected member of the Legislative Assembly of LA-3, Mirpur-III. India rejected the recent PoK elections, claiming that the “cosmetic exercise” was nothing more than Pakistan’s attempt to “cover up its illegal occupation” and that it had strongly protested against the issue.

Reacting strongly on the PoK elections, Foreign Ministry spokesman Arindam Bagchi said Pakistan had “no locus standi in these Indian territories” and must evacuate all Indian areas under its illegal occupation.

(This story was not edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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Puerto rico government

Billions of federal rent assistance not spent by local governments

Eight months after the federal government approved billions of dollars to help people pay their rent, more than 50 counties and cities still haven’t spent a single dime.

The figures come from the latest Treasury Department data on the distribution of rent assistance, which Congress first authorized in December 2020.

Congress has set aside an unprecedented $ 46 billion in two separate relief bills to help tenants weather the coronavirus pandemic. Instead of creating a national program to distribute the money, lawmakers have asked state and local governments to distribute the funds.

Of the first $ 25 billion, states and local governments spent only $ 5.1 billion. They paid out $ 1.6 billion in July, a slight improvement from the June total of $ 1.5 billion.About 60 zones had sent $ 0 in federal rent assistance until the end of June, according to a HuffPost analysis. This included New York State, which had $ 801 million, and the Territory of Puerto Rico, which received $ 325 million in relief funds to distribute. While some regions have started their programs, many are still struggling to get help.

New York has now shelled out $ 186 million, while Puerto Rico is still at $ 0.

State and local governments came under pressure from President Joe Biden’s administration, members of Congress and advocacy groups, as well as tenants who began to wonder why they weren’t receiving help . In programs that were operational, applicants often faced confusing administrative requirements.

The Treasury Department is now urging local governments to get rid of excessive paperwork and take tenants on their word that they are facing financial hardship, instead of forcing them to collect documents like court documents, stubs payroll and bank statements.

“The use of self-attestation to document household eligibility clearly speeds up the processing of rental assistance applications,” the department said in a statement on Wednesday.

HuffPost readers: Under threat of eviction and having trouble getting emergency rental assistance? Tell us about it – email [email protected] Please include your phone number if you are ready to be interviewed.

The latest Treasury Department data goes through July, so some areas may have started donating money since then. But other areas have barely started. Jersey City, NJ, for example, didn’t even open its application process until August 17. The city did not specify exactly why it had taken so long to move forward. In response to HuffPost’s inquiries, Kim Wallace-Scalcione, spokesperson for the mayor, said the city was “well within federal guidelines” and had sent other rental aid.

States and communities face a deadline. If they do not use at least 65% of their allocated funds by the end of September, the federal government has the power to take them back. On Wednesday, the Treasury Department said programs that “are unwilling or unable to provide assistance quickly” risked losing their money.

Even with signs of improvement, help is moving slowly. And the longer it takes, the greater the risk of financial hardship – or even eviction – for tenants.

Katie Beavers, 36, had just completed her master’s degree at Johns Hopkins University’s Peabody Institute and launched her music career when the pandemic struck last year.

“I had a funded car, I had a pretty good apartment, I felt like I was fine,” said Beavers, who lives in Fort Worth, Texas. “I was starting my career and then it kind of just came to a halt.”

In February, Beavers turned to Texas Rent Relief for help, a process that took days. As elsewhere, the program in Texas requires tenants to gather various documents, such as copies of their rental agreements, late rent notices, court file numbers, and utility bills. If an applicant can’t prove they are already eligible for a needs-based program, they may also have to cough up tax slips or check stubs.

After a month, Beavers said she learned that Texas Rent Relief had changed software and had to resubmit everything. Another month went by without help, and she ended up giving up her car title for a predatory loan to cover rent and the cost of a wisdom tooth extraction.

Then Beavers had a happy surprise: In June, she learned that she had finally been approved for rent assistance, with a lump sum going directly to her landlord, who had filed a separate application. The payment of $ 4,600 covered approximately four months in the future, plus a year of utilities.

“It’s a real bargain,” Beavers said. “I am so grateful that I got it.”

Texas is one of the states that the treasury has highlighted as doing a good job of getting the money out.

The federal government has tried to put in place additional guarantees for tenants. But they are only temporary and can be deleted at any time.

Earlier this month, the Centers for Disease Control and Prevention declared a moratorium on evictions for non-payment of rent in counties particularly affected by the delta variant of the coronavirus for 60 days. As COVID-19 cases rise again, this ban is in effect, replacing a broader moratorium that expired at the end of July.

But this policy is also under legal attack. Just a day after the CDC instituted the current moratorium, the Alabama and Georgia branches of the National Association of Realtors filed a petition in federal court to end the ban. So far, a federal judge in Washington, DC, has allowed the moratorium to continue, but real estate groups have appealed the decision and plan to take the case to the Supreme Court. The conservative majority in the court strongly suggested that it was not in favor of a continued federal moratorium on evictions.

Across the country, deportation proceedings are starting to take place. Landlords have lost billions in unpaid rents as millions of tenants who lost income during the pandemic struggled to meet their bills. If eviction protections are lifted and aid continues to be slow, the money could arrive too late.

According to the National Council for Multifamily Housing, 80.2% of apartment households had paid their rent in full or in part by August 6, up almost a percentage point from the same period last year, but down from 81.2% this time in 2019.

This article originally appeared on The HuffPost and has been updated.

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Governor Kate Brown issued her veto last year. Oregon lawmakers are ignoring them.

Oregon Governor Kate Brown speaks to reporters in her ceremonial office at the Capitol in Salem, Ore. On Monday, Jan. 14, 2019.

Bradley W. Parks / OPB

Last year, as they worked to fill a hole COVID-19 created in the state budget, Oregon lawmakers bristled against Gov. Kate Brown’s decision to veto some of their decisions.

Major lawmakers and budget drafters were so enraged by the clause-by-clause vetoes, that they thought unconstitutional, that they even considered taking Brown to court over it. It would have been similar to the legal wrangles over vetoes that have taken place across the country.

But lawmakers did not file a complaint. Instead, they simply chose not to honor Brown’s decision.

In a move that surprised observers, the legislature essentially behaved as if Brown had not vetoed it at all. Lawmakers even passed two bills in the 2021 session that relied on language the governor had specifically sought to erase from the books.

Perhaps even more unexpected: Brown signed these invoices.

The actual policies at issue in this push-and-pull are the mundane things of state budgeting – highly technical adjustments to the way assets flow through Oregon’s many accounts and sub-accounts. But beneath those details lie larger questions about the limits of executive power in Oregon.

The ultimate answers to these questions are expected to come from the Oregon courts, but neither side seems in a rush to get them. Instead, the Legislative Assembly and the Governor’s Office have been content to let the contradiction persist, while both insist they are right.

“If the legislature questioned the governor’s authority to veto these items, it could have taken legal action to resolve them,” Brown spokesperson Liz Merah said in an email. Monday. “The legislator did not do it.

House Speaker Tina Kotek’s office has come up with a different approach.

“The problem is that the governor has taken action that the constitution does not authorize him to take in the first place,” spokesman Danny Moran said. “The veto was not valid.

Under the Oregon Constitution, Brown has wide latitude to veto entire bills as he sees fit. But executive power is much more limited when it comes to removing isolated elements from bills that would otherwise pass. This “line” permission is only granted for appropriation bills that spend public money and for the elimination of an emergency clause that would make a bill effective immediately.

Last year, following a special session to balance the state budget, Brown scrapped elements of two bills lawmakers passed to save money. The governor said at the time that she wanted to block some $ 18 million in cuts to ensure state agencies have the funding they need to tackle the historic wildfires that had broken out. triggered since lawmakers adopted the policies.

But while many of his vetoes were unmistakably legal, Brown targeted a bill, House Bill 4304, which lawmakers said was not an “appropriation” bill. veto article.

“If you look at the four corners of the bill, there are a whole bunch of different things going on,” Dexter Johnson, senior counsel for the Legislature, told the OPB. “It is very difficult to say that the bill is an appropriation bill.

Senate Speaker Peter Courtney, D-Salem, in the Oregon Senate, Monday, January 14, 2019.

Senate Speaker Peter Courtney, D-Salem, in the Oregon Senate, Monday, January 14, 2019.

Bradley W. Parks / OPB

Others were even more strident, and Senate Speaker Peter Courtney said last year that lawmakers were seriously considering filing a lawsuit to block what they saw as an overrun by the governor.

“I am deeply disturbed … philosophically by how I view the legislature,” Courtney, a Democrat from Salem, said in September.

Courtney and others were also concerned that a legal feud would be distracting and costly as wildfires raged and COVID-19 posed an extreme health threat. No lawsuits have emerged – but neither has any impact from Brown’s contested veto.

Courtney’s office did not respond to questions about the situation this week. Kotek’s office, meanwhile, insisted lawmakers had not ignored Brown’s directive, saying it had been recognized in the House as a “so-called veto.”

How this significantly differs from simply ignoring the decision is unclear. Two bills passed earlier this year – Bills 2433 and 2158 – included some of the very terms Brown had tried to remove, as if no veto had been issued. The governor gave his blessing to both of them.

“Technically, the governor has recognized the ineffectiveness of single-element vetoes by signing laws HB 2433 and HB 2158 this year,” Moran, the Speaker’s spokesperson, said in an email. The governor’s office said on Tuesday that the changes in the bill were “immaterial and did not change the fact that the articles … were constitutionally vetoed.”

Johnson, the senior legislative attorney, said last week that passive aggression by the legislature, in this case, is not without precedent. He pointed to instances where former Gov. Ted Kulongoski issued vetoes that lawmakers deemed illegal. The legislature then passed bills formally repealing laws that Kulongoski had tried to veto.

“The repeals would have been unnecessary and would not have been carried out if lawmakers had believed the governor’s vetoes were effective,” Johnson said.

But honoring a governor’s intentions with a subsequent bill is not the same as ignoring his decision, as happened in this case. Greg Chaimov, a Portland lawyer who was previously the legislature’s senior counsel, said he could not recall a case during his tenure where lawmakers flatly refused a veto. This is especially noteworthy since Chaimov served the legislature at a time when former Governor John Kitzhaber earned the nickname “Dr. No ”for his frequent use of the veto pen.

“He did things on line items, but I can’t think of a veto in a way that we thought was illegal,” Chaimov said.

Chaimov and Jim Moore, professor of political science at the University of the Pacific, noted that it is not uncommon in Oregon for one branch of government to ignore the will of another. As Moore put it, “There have been instances where governors do not fully implement what the legislature has legislated, but that is pretty normal behavior.

Elsewhere, legislatures have been less successful in challenging a governor’s veto. Lawmakers in Arizona, Minnesota and many other states have filed legal challenges over the years, many of them asking the same question that exists in Oregon: whether an item constitutes “appropriation” that is gambling. fair for a veto on a line item.

In Washington, lawmakers are currently locked in a court battle with Gov. Jay Inslee over a similar issue.

In Oregon, all parties seem to agree that any question about the legitimacy of Brown’s vetoes could ultimately be resolved by an appeals court decision. None have indicated that they would seek such a decision.

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Upper house

William C. Humphrey, MD | News, Sports, Jobs

NEGAUNEE, MI – William Crider ‘Bill’ Humphrey, MD, 88, a longtime resident of Negaunee, passed away peacefully at Maison Trillium on Sunday August 22, 2021, under the loving care of his family and UP Home Health & Hospice .

Bill was born in Harpster, Ohio on March 31, 1933 and attended Kenyon College and the University of Cincinnati School of Medicine. He completed a residency and internship at Detroit Recoming Hospital, then moved to the Upper Peninsula in 1962.

Bill has always been known as a gentleman who was a good listener, avid reader, and fiercely independent. He will be remembered for his patience and generosity. Bill loved fly fishing and became an expert in fly tying. For several years, he retained a private pilot’s license and served as the 3rd Class Aviation Medical Examiner for the FAA. He also enjoyed pottery and gardening, and was an excellent carpenter who made a lot of furniture for his home and for the family camp on Lake George in Baraga County. Bill also enjoyed cooking and traveling with his wife Jean. For many years, they spent three weeks each spring and fall in the Canadian wilderness in a secluded cabin in Ontario, where they fished and enjoyed the solitude and peace of the northern woods. One of their fondest memories is a trip to Greece. Bill was also a certified diver. Bill and Jean were avid tennis players and cross-country skiers. Bill has participated in many ski marathons over the years. More recently, he honed his skills as a Duplicate Bridge player, forming many good friendships along the way.

He began his general practice in surgery and obstetrics in Negaunee and worked at the Bell Hospital in Ishpeming and the former St. Mary’s and St. Luke’s hospitals in Marquette. He became the first diplomat of the American Academy of Family Medicine at Bell Hospital and was instrumental in establishing the family medicine residency program at Marquette. Bill was an active preceptor in the Michigan State Medical Society program, helping to train many medical students. Dr Humphrey has had many professional accomplishments including serving as Chief of Staff at Bell Hospital, Secretary / Treasurer of Marquette / Alger Medical Society, Medical Director of two nursing homes, and instructor in the Advanced Trauma Life program. Support. He practiced medicine in Marquette County for 52 years before retiring in 2014. Even after his retirement, Bill remained abreast of current medical practices and enjoyed reading medical journals and discussing modern treatments with his colleagues, especially his longtime partners, Dr Michael Grossman, Dr Wayne. Carlson and Dr Hilary Metcalf.

Bill was predeceased by his wife of 46 years, Jean Bingham Humphrey; his parents, William and Jane Humphrey; his sister, Anne Zook; his beloved son, Charles Humphrey; and his grandson, Corrin Humphrey.

Her three children survive: Jane Humphrey, William (Ellen) Humphrey and Elizabeth Humphrey; her three stepchildren: Walter Karl Hansen, Helen (Michael) Grossman and Amy Hansen; his 14 grandchildren: Veronica (Matthew) Cinquegrani, David Tobar, Maria (Nicholas) Michl, Forrest Humphrey, Elizabeth Tobar, Wesley (Hope) Humphrey, Andrea Humphrey, Sarah (Per) Oloffson-Hansen, Erik (Karin) Hansen, Henry Hansen, Benjamin (Beth) Grossman, Rachael Grossman, Riley McCorkell, Emily (Anthony) Yanarella; and 12 great-grandchildren: Lia Teresi Tobar, Isabella Cinquegrani, Magdalena Cinquegrani, River Michl, Viviann Rose Michl, Artemis Hansen, Bellatrix Hansen, Walter Elias Olof Hansen, Oscar Olof Hansen, August Hansen, Harlan Yanarella and Louis Hansen.

A Celebration of Life will be held at Carp River Gardens, 73 Heritage Drive, Negaunee, MI, from 3:00 p.m. to 6:00 p.m. on Monday, September 6, 2021.

In lieu of flowers, donations can be made in his memory to the Upper Peninsula Animal Welfare Shelter (UPAWS) at, Trillium Hospice House at https: // trilliumhospicehou or to the American Society of Suicide Prevention at https: // suicidepreventionl

Dr Humphrey’s memorial page can be viewed at

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Upper house

Upper Arlington’s first community village opens new complex as part of $ 37 million campus update

Owen Milnes | CBF: The Upper Arlington First Community Village seniors community has opened The Fairfax, an independent living complex as part of a $ 37 million update for the community.

COLUMBUS, Ohio (COLUMBUS BUSINESS FIRST) – Upper Arlington’s first community village has opened The Fairfax, an independent living complex that is part of a $ 37 million update.

The four-story building with 70 apartments in the National Church Residences community along Riverside Drive north of 5th Avenue is available for those 55 and over, according to a press release. Residents have access to an on-site wellness center including a cardio room with spa services.

“Our elders, as they get older. they want to continue to engage in their community, ”said Matt’s rule, Senior Vice President of Development at National Church Residences – an Upper Arlington-based non-profit organization that provides senior housing communities.

“They want to continue to engage with their grandchildren, with their neighborhood, with their peers, they want to be active. “

According to the press release, the apartments will add 130 new residents to the 302 who currently live in the First Community Village.

Brendan king, chairman of Upper Arlington City Council, said the addition helps diversify housing options in the city.

“People love Upper Arlington. They love to live here, ”he said. “But they can’t find the right house for them, and if they can’t climb the stairs or do that sort of thing, that kind of facility allows them to age in place, and we really are. proud. “

Expansion plans were announced in November 2017. Part of the $ 37 million has been allocated for a new gated entrance and updated common areas at Chelsea, a building next to the Fairfax.

Elford Inc. took care of the construction.

National Church Residences may consider future expansion if demand for senior housing continues to rise in the area, Todd Hutchins, director of public relations for National Church Residences, said in an email.

“It’s been a long time to prepare for us as an organization,” said Rule. “We have really seen a need for additional seniors housing in this area of ​​Tri-Village. “

Fifty of the 70 apartments were pre-let on Thursday, and Rule said about 30 people had already moved in. The campus also offers continuing care services.

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Illinois Legislature Passes Restrictive Covenants Law | Roetzel & Andress

On August 13, 2021, Governor Pritzker signed a new law regulating restrictive covenants in employment contracts involving Illinois employees, which will come into effect on January 1, 2022. The relevant restrictive covenants are (i) non-competition (eg, provisions that restrict a current or former employee from engaging in competitive activities after employment); and (ii) non-solicitation provisions (for example, provisions that prohibit an employee from hiring the employer’s employees or restrict the employee to soliciting current or potential patients or clients of the employer, referral sources or other persons with whom the employer has or attempted to establish business relationships during the employee’s employment).

Prior to the enactment of this new law, the validity of restrictive covenants was strictly decided by the courts without any legislative guidance. The new law adopts many of the principles established by the courts, but more importantly adds a number of new guidelines that employers must follow if they wish to enforce restrictive covenants.

The following table identifies the changes enacted by the new law:

Before January 1, 2022 As of January 1, 2022
Non-compete clauses are not limited by the amount of an employee’s compensation Non-compete clauses will not apply against employees earning the following compensation (which includes bonuses and all sources of taxable income from employment):
Year 2022 – $ 75,000 or less
Year 2027 – $ 80,000 or less
Year 2032 – $ 85,000 or less
Year 2037 – $ 90,000 or less
Non-solicitation provisions are not limited by the amount of employee compensation The non-solicitation provisions will not be enforced against employees earning the following compensation (which includes bonuses and all sources of taxable income from employment):
Year 2022 – $ 45,000 or less
Year 2027 – $ 47,500 or less
Year 2032 – $ 50,000 or less
Year 2037 – $ 52,500 or less
Non-compete covenants and non-solicitation restrictions are not limited by COVID-19 Non-competition and non-solicitation clauses will not be enforced against employees who have been terminated due to COVID-19 or “circumstances similar to the COVID-19 pandemic” unless the application of the commitment not to compete does not include (i) compensation equivalent to the employee’s base salary at the time of termination for the period of performance; minus (ii) remuneration earned in subsequent employment during the performance period
The non-competition and non-solicitation clauses may possibly be enforceable against employees covered by a collective agreement. Non-competition or non-solicitation clauses will not be enforced against employees covered by a collective agreement under (i) the Illinois Public Labor Relations Act; or (ii) the Illinois Educational Labor Relations Act. In addition, these restrictions will not be applied to persons employed in construction (other than construction employees who primarily perform management, engineering or architectural, design or sales functions for the employer or who are shareholders, partners or owners of the employer)
No mandatory review period Employers must give employees 14 days to review non-competition and non-solicitation clauses, although employees can voluntarily waive the 14-day review period
No obligation to inform employees of the right to consult a lawyer Employers Should Inform Employees of Their Right to Seek Legal Advice Regarding Restrictive Covenants
No specific oversight of non-compete and non-solicitation clauses by the Illinois Attorney General

The Illinois attorney general’s office must oversee non-competition and non-solicitation clauses and take action against employers who violate the new law.

The Attorney General is authorized to seek compensatory or equitable remedies against employers, or to seek civil penalties of $ 5,000 per violation or $ 10,000 for each repeated violation within a five-year period.

No statutory right of employees to obtain attorney fees in the event that an employer takes legal action to enforce a non-competition or non-solicitation clause An employee can recover legal fees and costs from the employer if he or she is the winning party in a legal action to enforce a non-competition or non-solicitation clause.
Many Illinois courts have required employers to prove that in addition to job retention, “adequate consideration” was provided for non-competition and non-solicitation clauses as a condition for employment. application of these provisions.

The new law formally adopts the retention in court decisions that requires “adequate consideration” to support the application of non-competition and non-solicitation clauses.
An employer can demonstrate “adequate consideration” with proof that:

– the employee has worked for the employer for at least two years after the employee has signed the non-competition or non-solicitation commitment;

– the employer has also provided sufficient consideration to support a non-competition or non-solicitation clause, which consideration may consist of a period of employment plus additional professional or financial benefits; Where

– the employer has also provided additional professional or financial benefits to the employee

Most courts have used a “set of circumstances” approach to determine whether to apply non-competition and non-solicitation clauses.

The new law requires courts to use a “totality of the circumstances” analysis to determine whether to apply the terms of a non-compete or non-solicitation covenant, and to consider factors such as :

– employee exposure to the employer’s clients or patients;

– the virtual permanence of the employer’s relationship with its clients or patients;

– the use or acquisition by the employee of confidential information from the employer;

– the duration of the time restrictions implied by the provisions;

– the extent of any geographical restrictions in the provisions; and

– the scope of activities being limited

The new law has no impact on the following situations:

  • Non-compete and non-solicitation clauses entered into by the parties before January 1, 2022. We currently understand that any non-competition or non-solicitation clauses that were in agreements entered into before January 1, 2022 will not be subject to the new law, even if the duration of these agreements extends beyond January 1, 2022;
  • Non-competition or non-solicitation clauses arising from the sale of a business, the sale of an interest in a business or the sale of the “goodwill” of a business;
  • Confidentiality agreements or provisions, or provisions relating to the disclosure, sale or assignment of trade secrets or inventions;
  • Restrictive covenants preventing competition and solicitation during notice periods in agreements that require notice of termination, and the employee remains employed and receives compensation during that notice period; and
  • Provisions prohibiting an employee from re-applying for employment after termination of employment.

The new law leaves many questions unanswered, including: What type and amount of “professional or financial benefits” is an adequate consideration for the application of restrictive covenants? Will restrictive covenants entered into before January 1, 2022 be exempt from the new law if they are renewed or amended after January 1, 2022? Does the new law apply to a restrictive covenant in an employment contract signed in 2021 for a job starting in 2022? Will employers be able to enforce the terms of the agreement allowing them to recover their fees and expenses from employees if employers prevail in a restrictive covenant dispute?

These new legal requirements will impact your business and make it more difficult to find and enforce restrictive covenants in Illinois. Now is the time to consider what needs to be included in labor agreements to be concluded after January 1, 2022, and how agreements currently in force might be affected.

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