Wednesday, December 17, 2008
Another Continuance..in Woodstock IL
Could you have a nice day knowing that there is no income to support your family which includes three young daughters? I don't think so.
Today he was told that the Hearing in Judge McIntyre's Court was continued and will not take place tomorrow. He does not know why as of yet or who asked for it. I am looking forward to the reason for the continuance. I hope its not going to result in another several months of no pay or back pay for being found vindicated by Woodstock's own Board of Fire and Police Commissioners. Imagine that: being punished because you have been found innocent. Must be a new legal concept being allegedly promulgated by the City of Woodstock against its long term employees or could it be allegedly something more personal between Lowen and Sgt. Gorski that the city does not want aired in the arena of public opinion and its citizens' good judgement.
Wednesday, December 10, 2008
Poll Results..Governments truth and trust
Tuesday, December 9, 2008
War..an awesome teacher
Within the blurr of a few days I went from the relatively stable life of an intern at Connemaugh Valley Memorial Hospital in Johnstown PA (the hospital built by donations from around the world after the Johnstown Flood)to the entirely different world of a Naval Medical Officer and first year resident in orthopaedic surgery at the Naval Hospital in south Philadelphia PA. Along with me on this turbulent odyssey came my wife Kristina and our two very young sons, Steven and Michael.
I did not know what to expect on the first day I reported for duty to the Chief of Orthopaedics, Captain Joseph Cremona. Well my fellow first year resident, Tom Lang and I found out fast that first day. We were not only involved in being first assistants in doing surgery but actually doing some of the surgery when our staff orthopaedic surgeon mentors felt we were ready. To say the least we had to learn and do things quickly because we were constantly (daily) getting wounded naval and marine personell air evacted from Viet Nam or Japan to Fort Dix New Jersey and then transported via bus ambulances to the naval hospital. At the high point of the war we had over 1200 orthopaedic patients in the hospital.
My first responsibility was the care and treatment of almost 300 amputee patients. I learned quickly from the staff ortho surgeons, my more senior residents and especially from the savy senior nurses and corpmen who would "suggest" certain things might be considered in a particular patient. Ego was not an option that either I or my patients could afford. I learned and did it quickly all along improving my skills in diagnosis, treatment and surgical technique. The residents of which there were only two in eacy year would rotate through the various types of othopaedic practices which we were required to be trained in by the American Board of Orthopedic Surgery over the four years we trained. We had to pass tests after our second and fourth years sucessfully in order to complete our residencies successfully. Along with this our personal fitness reports from our staff surgeons had to be satisfactory.We had duty schedules, weekend schedules, night schedules and every other kind you can think of but we as a group, including the staff orthopedic surgeons never thought of it as a burden. We would work as many hours or days until the work was done and all were seen and treated. We would look around and see all these young self-sacrificing Americans, 18, 19 and 20 year olds and the occasional one in his 20s that the younger marines and naval personell would call "pop" and in some fashion feel it an honor and priviledge to have worn the same uniform and helped restore their broken bodies and lives to the best of our ability....I still feel the same to this very day and make it a practice to salute every military person in uniform I may come into contact with too this very day.
Sunday, November 30, 2008
Alleged Falsehoods Told to Woodstock City Council?
Sgt. Gorski telephoned Deputy Chief Neuzil and informed him of the release by his surgeon and was told over the telephone not to even bother to come in because there was nothing like that available for him even though in the past other officers were accommodated in similar fashion.
As you may recall Sgt. Gorski was vindicated of charges filed against him by Chief Lowen by a 3 to 0 decision of the Board of Fire and Police Commissioners in February. He still has not been offered a light duty posting and has not been paid in over a year in spite of being found that the evidence did not prove the Chief's complaint. I can only wonder if someone or someones are telling the City Council their allegedly altered side of the story to allegedly cover their hind sides and how they may have allegedly abused and continue to allegedly abuse the system and the truth to their advantage. If these allegations turn out to be true I would wonder if there might be some opening positions in city government and departments?
Wednesday, November 12, 2008
Belated Thanks for Serving Your Country
I especially want to thank my maternal grandfather, John Vondra who fought in WWI in France as an Army infantryman; following the war came home to run a gas station on Pulaski Ave. in Chicago. My father, Ted R. Gorski, a radarman second class who served on the USS Haskell, a landing ship transport of troops in the Pacific. On returning home he drove a bus for the CTA (Chicago Transit Authority) for over 35 years. Also my uncle John Vondra, the son of the above John Vondra, who was a marine in the Pacific and fought in most of the major Pacific island battles. He made it back and got married to my Aunt Carrie and raised a family in Los Angeles.
Lastly thanks to all the servicemen and women I served with in the various Naval Hospitals I was stationed at; it was a privilege and honor to be associated with all of you. Lastly, but always in my prayers, are the marines and naval personnel patients who gave so much and asked so little in return. I will always remember you. God be with you all.
Monday, November 10, 2008
David W McArdle...Did Not Phone Back?!
All the attorneys had their say if they wanted to say anything and Mr. McArdle said he would get back to the Sergeant's two attorneys as soon as possible with a response to the Sergeant's request. Well guess what...to the best of my knowledge...there has been no response. No response that the Sergeant has heard from either of his two attorneys or Mr. McArdle of Zukowski, Rogers, Flood and McArdle a law firm in Crystal Lake that has been being paid for over a year now by the City of Woodstock's taxpayers money. This is getting to be a really expensive adventure for these tough economic times to expend the tax payers money to infuse into the coffers of a well endowed out of town law firm. I suspect that the city's payments to Zukowski, Rogers, Flood and McArdle will continue until at some point the tax payers, many of whom are out of work, say "end this" ..."enough is enough". The only people who are winning in this scenario are the attorneys. Maybe its time for the taxpayers of Woodstock to have a special meeting with their elected city officials who I presume have been calling the "shots" and "spending their money".
Wednesday, October 29, 2008
$175,000 versus millions
Thursday, October 23, 2008
Sunday, October 19, 2008
David W McArdle...Back Again In Court
At court,Mr. McArdle brought out his tripod and poster boards and in a few minutes tried to convince Judge Maureen McIntyre that the 4 1/2 months of evidence and testimony presented by Anne Brophy, the attorney who handled the prosecution for the city against Sgt. Gorski and an attorney for Zukowski, Rogers, Flood and McArdle; that the decision in the case, by the Board of Fire and Police Commissioners should have been decided differently and against Sgt. Gorski. That they, the Board, should have found him guilty of the charges brought against him by the Chief of Police, Robert W. Lowen Jr. and he should have been fired from his job after 20 years of exemplary public service to the community of Woodstock Illinois. So much for advancing amicability, efficiency and trust but I will say it was a valiant effort in trying to rewrite history and a valiant attempt to forget about the concept of double jeopardy of the defendant. As far as justice...you be the judge.
Now the citizens of Woodstock and of McHenry County have an even clearer idea of what Sgt. Gorski and his attorneys have had to deal with.
Saturday, October 18, 2008
LINE OF DUTY PENSION BENEFITS FOR POLICE OFFICERS
Thursday, October 16, 2008
Woodstock IL....Continuing Saga of Sgt. Gorski
On February 14, 2008 the Board of Fire and Police Commissioners signed the following official document:
"IT IS THEREFORE ORDERED that the Charges against the Respondent (Sgt. Gorski) be dismissed. The Board having held that the Charges against the Respondent (Sgt. Gorski) are not sustained, orders that the Respondent (Sgt. Gorski) be reimbursed for any wages withheld as a result of the Respondent's suspension without pay pending the hearing. The Chief of the Police Department and other appropriate corporate authorities are directed to implement this order forthwith."
Well, it is now (8) eight months later and the Chief, Robert Lowen and other appropriate corporate authorities of the City of Woodstock Illinois have not implemented the direct order of the Board of Fire and Police Commissioners. From all sensible points of view that sounds like the Chief and appropriate corporate authorities are allegedly guilty of insubordination and not obeying a direct order given to them. Sgt. Gorski still has not seen one penny of the money due him. How many of you could survive and take care of a family on no income?
I would hope and pray that the City Council of the City of Woodstock Illinois would stop this travesty of justice and common sense from continuing by complying with the order and directly dismissing those individuals who were ordered to comply forthwith by the Board of Fire and Police Commissioners and freely choose not to follow the order. The Sgt. should also be paid all money due him per order of the Board.
No one in public service, no mater what rank or level of power and supervision they hold are above the rule of law and those who believe they are need to move on to some other endeavor. I pray that this foolishness ends.
Wednesday, September 17, 2008
WOODSTOCK ILLINOIS CITY COUNCIL CHAMBER...FILLED TO CAPACITY
Two members of the public voiced their dissatisfaction on the apparent increase in crime and crime related activities in Woodstock and the apparent lack of leadership and transmission of information to the public. One of the speakers, was very displeased with the way the "man with a gun" incident was managed and questioned the alleged quality of the leadership of the Woodstock Police Department. The mayor, Dr. B. Sager stated that the council is aware of the communities concerns and will implement actions that will make sure this, to the best of their abilities, does not happen again. The Police Chief, Robert W. Lowen Jr. was present at the time of the public comments and had no comments.
Sunday, September 14, 2008
PEOPLE UPSET WITH CHIEF LOWEN?...TO FILL CITY COUNCIL CHAMBERS THIS TUESDAY?
PS: Meeting will be held a 7 PM on this coming Tuesday at the City Hall in the Council Chambers.
POLICE CHIEF ROBERT W LOWEN JR QUERIED BY RESIDENTS OF WOODSTOCK ILLINOIS AND THE PRESS
Read the entire Editorial entitled "Information was lacking" on line at NWHerald.com for Sept. 12, 2008
Friday, September 12, 2008
WOODSTOCK ILLINOIS..MAN WITH GUN..HELD ON RAPE CHARGES
According to Tim Kane's article the Woodstock Illinois Police Department said: "a homeless man was in custody Thursday after being charged with two counts of sexually assaulting a 26-year old woman in a laundromat last week."
The article by Mr. Kane stated that the alleged offender was identified as Jeffrey A. Cole, 25 years of age. He was charged Wednesday with:
- aggravated sexual assault
- aggravated unlawful restraint
- one count of burglary
- one count of disorderly conduct in relation to his actions with what looked like a handgun in the backyard of a Woodstock residence in the 200 block of Fremont Street
Cole was arrested Wednesday after he was pulled over by police for speeding. They then ascertained he had no insurance and was driving with a suspended license.
He is in jail and needs $30,000 for bond. His next date in for court is next week Wednesday, Sept. 17th.
Good job Mr. Tim Kane for alerting the public...keep up the good work!
Wednesday, September 10, 2008
WOODSTOCK ILLINOIS..MAN WITH GUN..NO PROBLEM?
From this point on however I question the judgment of whomever made the final decision. Common sense would dictate that most Patrol Sergeants would have contacted a superior, either a Deputy Chief or the Chief and filled him in on the situation. That and armed man has been reported and that the police had not been able to apprehend or find and contain him and that all of this was happening not very far from Dean Street School. As a prudent Sergeant he should have called and let someone who was in a "higher pay grade" make the decision as to whether we notify and secure the Dean Street School and post a patrol officer there for the day just to be on the safe side or walk away and do none of the above.
The principal of the school did not find out about all of this until the following Monday. Some example of community policing and communicating potential threats to the civilian community. Ultimately the Chief is responsible for the Police Department and the buck and responsibility and final decisions should end in his lap.
Thank God nothing happened and maybe the only injury was to that cat....hmmmm. But this could have also turned into a real nightmare.
Monday, September 8, 2008
WOODSTOCK ILLINOIS TAX PAYERS...BEWARE?..THE SAGA CONTINUES
I have served on many boards of directors over the last thirty plus years and I cannot recall once when a board discussed personnel or health matters of an employee in a public, open forum; to me the manner in which this initial complaint of the Chief that was presented to the Board of Fire and Police Commissioners was allegedly done to injure and defame Sergeant Gorski before he even had the chance to defend himself. It was, I allege, unscrupulous behavior at best.
It then took Ms. Brophy about four and one-half months, (all in closed session to the public) to present the evidence that was to prove the Chief's complaint. In January of 2008 the prosecution (Ms. Brophy) rested it's case; it had presented all the evidence it had. Why it took four and one-half months to do so I do not know and why all of a sudden it had to be in "closed session" after the supposed complaint was announced in detail in public is beyond my understanding. I allege a murder trial might have been resolved sooner and this whole matter I allege has a certain distinct smell to it.
Sergeant Gorski's attorney, Tom Loizzo then asked the Board of Fire and Police Commissioners to consider a directed decision since to his perspective the Chief and the City did not prove their case. The Board of Fire and Police Commissioners in February of 2008 then granted the motion for a directed decision and deliberated in private for several minutes to arrive at a decision. The decision of the Board of Fire and Police Commissioners was unanimous, 3 to 0 in favor of Sergeant Gorski with absolutely no disciplinary action recommended. The City was directed to pay him all his back pay and interest that he had not been receiving and to reinstate him when he had recovered from surgery on his lower back which had incurred in the interim. None of the directives of the Board of Fire and Police Commissioners were obeyed by the Chief or corporate city authorities. The Chief, Robert W. Lowen Jr. filed for Administrative Review with the Circuit Court. Two scheduling hearings have already happened in the hope that this could be resolved but so far it has not. Each time a junior member of the law firm of Zukowski, Rogers, Flood & McArdle appeared (musical lawyers) who could not and did not have the authority to act for the law firm. A hearing before Judge M. McIntyre is finally set for October 15, 2008.
You have to understand one thing, the Chief has named the Fire and Police Commissioners as Defendants in his action for an Administrative Review...the City in a sense suing the City. Sergeant Gorski was also named as a Defendant although he had absolutely nothing to do with the Board of Fire and Police Commissioners' decision to accept the motion for a directed decision and with the final decision of the Board of Fire and Police Commissioners, 3 to 0 in his favor.
This whole misadventure has only one winner at this time, I allege it is the law firm of Zukowski, Rogers, Flood and McArdle who will collect their legal fees for over the last year of continued litigation on their part. The losers will be Sergeant Gorski who has not been paid in almost one year and the tax paying citizens of Woodstock who are going to pick up the legal tab. What are the City of Woodstock leaders thinking? The hole is just getting deeper and deeper.
Monday, September 1, 2008
DOCTORS..VENDORS....LABOR DAY THOUGHT
With the advancement of mankind and writing came the codification of all this knowledge passed on (verbally) over the ages; much of it nonsense and some of it true. Science as we understand it only began about 500 t0 600 years ago with observation of the world around us and gradually the scientific method evolved which involved theories and experimentation to verify the theory (hypothesis).
Today the healer of yesterday is called doctor or physician or even more recently denigrated to the level of a "vendor" and in that vending machine delivering an item or service. I personally would rather be called a "healer", "shaman" or anyone of multiple other terms lost to antiquity than a "vendor". The family of the ancient "healer" has now become the corporation which controls it's "vendors" by owning and controlling it's vending machines....hospitals, clinics, emergent care centers and anyone of many other entities. They are generally run and controlled by MBAs and accountants and laymen (business men) with their own agendas...not necessarily the same healing ones of the doctor...oh excuse me... the "vendor". This has been called progress. I sometimes wonder if it is progress in the right direction and with the correct people at the helm. If the people want a Walmart mentality servicing their health they will get the service they deserve.
In the last century or so we have seen more changes in medicine than have occurred in thousands of years. Let us not change it so much that the human element, the person to person connection along with the compassion is lost forever for then we who are "healers" will be forever delegated to the realm of "vendor" and the "vending machine" will take us into the future. A terrifying thought to me.
Thursday, August 28, 2008
RESULTS...SOURCE OF STRESS POLL
Pregnant...Don't Drink Alcohol
IF YOU ARE PREGNANT DON'T DRINK ANYTHING WITH ALCOHOL IN IT !
Tuesday, August 26, 2008
IS THERE A DOCTOR IN THE HOUSE?
I will pass on your information to the Public Health Administrator, Mr. Patrick McNulty.
HOSPITALS VIE FOR OLYMPICS
I contend that if people can afford to travel thousands of miles, spend thousands of dollars when they get here to have a good time they can afford to buy travel insurance to pay for their medical bills if they incur any on their trip to the U.S. Now we are supposed to pay the tab for the world's travelers so that the mayor and the state can then raise our taxes to subsidize hospitals who may loose millions of dollars. We really are stupid at times...seems lately most of the time. The state does not even pay the medical bills it owes to take care of its citizens. Just look at the job the politicians are doing in Springfield led by Governor Rod. Before these folks (foreign travelers) are allowed in the country they should have to show proof of health insurance. No foreign country has ever paid my medical bills when I visited them. In fact some health facilities won't even see you until they see cash or a travel insurance policy. When are we going to get some common sense?
Sunday, August 24, 2008
HELPFUL HINT IF STUNG BY BEE
- Use structural barriers such as window screens and netting.
- Avoid wooded, brushy, grassy areas.
- Don't wear scented soaps, perfumes.
- Use caution eating outside and drinking; don't leave drinks and garbage cans uncovered.
- Don't wear bright colors, which attract bees.
- Wear long sleeves and long pants when possible.
- Tuck pant legs into socks or shoes.
- Wear a hat for extra protection.
- Get rid of containers with standing water that give mosquitoes a breeding ground.
- Use insect repellent if non chemical methods are ineffective and you spend time in tall grass and wooded areas.
- Treat camping gear, clothes, and shoes with permethrin, which repels and kills ticks, mosquitoes, and other insects. Clothing that is pre-treated with permethrin is also available commercially.
- Good luck this summer and be careful out there.
Friday, August 22, 2008
PUBLIC EMPLOYEE DISABILITY ACT (PEDA)
RESULTS OF FEEL SAFE POLL
DID YOU KNOW ABOUT "RETALIATORY DISCHARGE"?
If you believe you have been discriminated against or discharged in retaliation for exercising your rights under workers' compensation laws you may have a claim against your employer. In a retaliatory discharge suit, you must convince a judge or jury that you were terminated because you exercised your rights under workmans' compensation laws.
Retaliation can also take more subtle types of discrimination: demotion, salary reduction.
So be careful out there....your employer and their legal council and insurance companies do not always look out for your best interests...only you can do that.
Thursday, August 21, 2008
THOUGHT YOU SHOULD KNOW!
For further more detailed information go to:
Thought you should know!
Wednesday, August 20, 2008
THE PUBLIC HEALTH SERVICE
The history of public health in this country dates back to 1798 when Congress passed a law for the relief of sick and disabled seamen with the creation of the Marine Hospital Service and hospitals in many American port cities (sites of entry of many diseases from around the world). Gradually over many years the Marine Hospital Service evolved into what we know today as the U.S. Public Health Service.
The McHenry County Department of Health carries on the traditions and essential services that were developed over the last two centuries. These ESSENTIAL SERVICES are:
- To monitor community health status
- To diagnose and investigate health problems
- To inform and educate people about health
- To mobilize community partnerships
- To develop and enforce health and safety protection
- To link people to needed personal health services
- To assure a competent health workforce
- To foster health-enhancing public policies
- To evaluate the quality and effectiveness of services
- To research for new insights and innovations
The entire McHenry County Department of Health is out there every day to make sure that this county is a healthy place for you and your family.
Get more information at:
Then click on Departments and H (for Health Dept)
The best of health to you!
Tuesday, August 19, 2008
STRESS KILLING YOU?
The causes of stress are manifold but one important one is working for someone who is super critical. No matter how hard you try to please or win over that person you never will. It usually results with you coming down hard on yourself and with a feeling of anger; anger not necessarily directed at any one in particular but a feeling deep in your gut that sits there like a lump of undigested food. In order to avoid this set up an invisible internal boundary line and don't allow the critical person within that line.
The super critical person will probably continue to behave (misbehave) for the rest of their working and non-working life and there is little you can do to change them. What you can do however with practice and internal discipline is to not let that person cross over your invisible internal boundary line. Be honest with yourself and if your internal appraisal is more accurate than theirs believe it and disagree internally. Trying to "get along" by talking things over will usually not work with a person who is predisposed to be super critical and totally self opinionated. You can try using an internal company grievance policy if it has one but it usually will not work.
Very ofter these super critical persons will self-destruct. By that I mean that they will cause so much disruption and lack of loyalty in the work place that the people or person who hired them will see the fact that they are a not a positive factor which is improving the company or department and their contract will not be renewed or they will be discharged. It may take a few years to get to this point of realization but most companies or departments will get there; after all no one wants to admit they may have made a mistake in hiring the individual in the first place.
So keep your "cool". Don't get suckered into playing their game and remember your patience will reward you in the long run.
ARE OR WERE YOU A VICTIM OF...HARASSMENT?
Harassment is unwelcome conduct that is based on race, color, sex, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including but not limited to, the following:
- The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
- The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
- Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop.
EMPLOYER LIABILITY FOR HARASSMENT
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such a termination, failure to promote or hire, and loss of wages.
In Fiscal Year 2006 the EEOC recovered almost $60 million in monetary benefits for charging parties and other aggrieved individuals; this does NOT include monetary benefits obtained through litigation.
Monday, August 18, 2008
SEMANTICS AND CIVILIZATION
Science tells us that statistically it is much more scientific to believe in a designed cosmos with life in it than for it to have just happened by chance. There are not enough pieces of paper in all the earth filled with a decimal point followed by zeros to tell us the chance that this was not a designed undertaking. We must understand this and act in a manner which understands that we and the cosmos are here for a purpose and that purpose someday will be fulfilled and then we hopefully all can say "Oh now I understand". If mankind fully understood the entire purpose of his/her being and that of the cosmos where would be the fun in continuing this journey of mankind in understanding himself and the universe around him?
ARE OR WERE YOU A VICTIM OF..RETALIATION?
An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:
- employment actions such as termination, refusal to hire,and denial of promotion,
- other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and
- any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.
Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance history.
Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker's current employer to retaliate against him for pursuing an EEO charge against a former employer.
Of course, employees are not excused from continuing to perform their jobs or follow their company's legitimate workplace rules just because they have filed a complaint with the EEOC or opposed discrimination.
For more information about adverse actions, see EEOC's Compliance Manual Section 8, Chapter II, Part D.
Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accomodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals.
Protected activity includes:
Opposition to a practice believed to be unlawful discrimination
Opposition is informing an employer that you believe that he/she is engaging in prohibited
discrimination. Opposition is protected from retaliation as long as it is based on a
reasonable, good-faith belief that the complaint of practice violates anti-discrimination law:
and the manner of the opposition is reasonable.
Examples of protected opposition include:
- Complaining to anyone about alleged discrimination against oneself or others;
- Threatening to file a charge of discrimination; or
- Picketing in opposition to discrimination; or
- Refusing to obey an order reasonably believed to be discriminatory.
Participation in an employment discrimination proceeding.
Participation means taking part in an employment discrimination proceeding. Participation is
protected activity even if the proceeding involved claims that ultimately were found to be invalid.
Examples of participation include:
- Filing a charge of employment discrimination;
- Cooperating with an internal investigation of alleged discriminatory practices; or
- Serving as a witness in an EEO investigation or litigation.
For more information about Protected Activities, see EEOC's Compliance Manual, Section 8,
Chapter II, Part B - Opposition and Part C - Participation.
In 2004 more that $90 million in monetary benefits were received by charging parties and other aggrieved individuals....this does not include menetary benefits obtained through litigation.
Sunday, August 17, 2008
ARE OR WERE YOU A VICTIM OF ...RETALIATION?
An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disabilty, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.
In addition to the protections against retaliation that are included in all the laws that are enforced by EEOC, Equal Employment Opportunity Commission, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else's exercise of right granted by the ADA.
There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. We will explain and discuss these three terms tomorrow and how they may apply to you and where you can file a charge with the EEOC.
See you tomorrow.
Friday, August 15, 2008
Coffee with Chief Lowen...an expensive blend!
I hope the tax payers of Woodstock Illinois are keeping track of how many hundreds of thousands of dollars each ounce in that cup of coffee with chief is costing them. I am surprised that not one of them has asked yet.
Tuesday, August 12, 2008
Hints for when you go to the Doctor's office
- Set up a schedule depending on your age, health and your doctor's recommendation as to at what intervals he/she wants to see you; even if you are feeling well, there may be reasons for the regular visits.
- Write down (preferably typed) on a blank white sheet of paper all the medications you take both prescription and over the counter and the dosage and how much per day you take. Date the sheet of paper with the date of the appointment.
- Stay focused on the one or two things that are giving you the most trouble and are the reason for the visit and have them written down along with any symptoms and a little history of when you first noted them and how they have developed. Nothing turns off a doctor as quickly as a patient who is unorganized, does not know what medications he/she is on and has no idea of exactly why they are there and start to enumerate 15 or 20 different conditions in the hope that the doctor will be able to solve them all in one 20 to 30 minute office visit. Trust me when I say that this approach in the long run and short run will not save you any money. If you have memory problems have someone you trust accompany you and assist you with the visit and the doctors recommendations for treatment.
- Take the medications as prescribed and for as long as prescribed. Do report any side effect that may develop while on the medications.
- Make sure you keep the follow up appointment with the doctor.
- Don't ever play lets trade medications with another person in the hope that their medication will work on you better....it may kill you.
- Do all things in moderation.
- Good health to you!
Monday, August 11, 2008
VALLEY HI NURSING HOME.....BEWARE!!
Researchers from Harvard University took a look at changes in payer mix, staffing ratios, occupancy rates, and a spectrum of quality control indicators. What they found was nursing homes that tended to deviate from the "non-profit" side of the spectrum towards to "for profit' side generally provided lower quality care.
According to Charlene Harrington, professor of sociology and nursing in the Department of Social and Behavioral Sciences at the University of California, San Francisco (UCSF). "Literature has confirmed that nonprofit institutions are much better in general," she said. "They have higher staffing, higher wages, and lower turnover of employees. Those factors are important in ensuring that patients receive better quality care."
I hope that the Board of Directors of Valley Hi, its current administrator and the McHenry County Board keep a close eye not only on the bottom line but also the quality indicators for the sake of the health and care of the residents of Valley Hi....I am sure they will.
Sunday, August 10, 2008
GIVE THE GIFT OF LIFE
When I renewed my Illinois drivers' license I also signed onto the States new First-Person Consent Organ/Tissue Donor Registry. Even in death you can give life to another individual; I can't think of a more precious gift.
Almost 5,000 people are waiting for organ transplants to give them a second chance at life. Sadly many will die because of the lack of donors.
If you want to give the greatest gift you will ever give to another human being call toll free:
Friday, August 8, 2008
PUBLIC EMPLOYEE DISABILITY ACT...PEDA & WOODSTOCK ILLINOIS
Sec; 0.01. Short title. This Act may be cited as the Public Employee Disability Act.
(Source: P.A. 86-1324.)
Thursday, August 7, 2008
Stritch School of Medicine..REUNION 2008
Saturday, August 2, 2008
CHILDREN'S HEALTH & SAFETY FAIR
WEDNESDAY, AUGUST 6, 2008
MCHENRY COUNTY COLLEGE
9am - 4pm
- Interactive Health & Safety Fair
- Door Prizes & Intertainment
- School Physicals - By Appointment Only
- Reduced Cost Immunizations
- Dental Exams
If your child is receiving Immunizations,
you must bring as updated shot record.
Request this early.
FOR MORE INFORMATION CALL:
To schedule an appointment for a physical
Please call 815-334-8987
BE THERE FOR YOUR CHILD'S SAKE!!!
Friday, August 1, 2008
Strange Things are Happening
We went through the usual process of signing in and filling out all sorts of forms and finally the hospital making a copy of your driver's license and insurance card. We finally got back to where we were staying about 4 hours later after some tests and x-rays and treatment was done.
I just recently received the bill (about 5 days ago) and it was about what I had expected it to be, but here is the interesting part; the call I received from a very polite gentleman said they were running a special for the next ten days and if I could pay the bill in that period of time they would discount it by 50%........50%. Wow...I never had an offer like that in my lifetime. Financial times must be tough down there in Florida. Oh and by the way....the check IS in the mail.
Wednesday, July 30, 2008
ILLINOIS IS BAD...BAD...BAD!
We in Illinois are according to Illinois CAN are the 7th largest contributor of global warming pollution in the country and together with seven other Midwestern state co-conspirators we account for more than 23% of the nation's, and 5% of the world's greenhouse gas pollution. No mention is made of China, India, Pakistan, Mexico or Europe and South America...as though we are the only bad boys in town. I'd like to know their numbers.
Not one word of the science from reputable sources to back any of these figures much less the questionable fact that we are undergoing global warming that is different from other periods of such warming trends that have occurred in cyclical fashion over hundreds of thousands of years on this earth of ours.
The policies they propose would change the way we fundamentally live and would have dramatic economic and social implications and if only the U.S. was involved would have no affect on the final outcome if you believed in the global warming hypothesis to begin with.
I think before we jump on any bandwagon the science has to be almost absolute and the financial interests of the propagandists and true believers of global warming have to be scrutinized to the utmost. Just because you get a Nobel Prize doesn't necessarily mean you have a lot of common sense and no personal financial agenda.
PS: I wonder if they will be able to read the numbers on the competitors at the Olympics in China much less see the Sun.
Tuesday, July 29, 2008
Malicious prosecution is a common law intentional tort (lawsuit), while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
In a malicious prosecution lawsuit the former defendant (respondent) is now the plaintiff and the defendant/s may be the person/s who initiated the action, the attorney/s (or the law firm who prosecuted said action) and those who contributed or assisted in giving authorization or the use of public funds to proceed in the prolonged prosecution of said action against the, now plaintiff. The plaintiff has a right to a jury trial of his peers.
The elements of a malicious prosecution care are
- that the defendant filed and/or prosecuted the underlying civil action;
- a favorable termination of the prior case;
- the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable;
- malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause and from inadequate investigation and research, and
Since the re-litigation of the former action will be prohibited, the favorable termination of that case is the starting point of the malicious prosecution case. Therefore, before the plaintiff's first witness is called, plaintiff should offer, as Exhibit "1" , the judgment in the underlying action. If a statement of decision was made, that document should also be offered.
Monday, July 28, 2008
Ladies...Its Your Health and Life
"CRYSTAL LAKE - McHenry County Department of Health will offer free pelvic exams and Pap tests to any uninsured/under insured woman between the ages 35 and 64 through the state's Illinois Breast and Cervical Cancer Program.
Mammograms also are free through the IBCCP program for uninsured/under insured women ages 40 to 64.
McHenry County residents may register now for the IBCCP program by calling MCDH at 815-334-0232.
Services will be provided at the department's newest facility at 100 N. Virginia St.
Go have the tests done and "be around" to see your great grandchildren!"
Sunday, July 27, 2008
If you cannot resolve problems with this type of individual try going through the company's grievance process if they have one. If none exists then try to limit yourself physically and emotionally from this type of individual because you will never win on a one to one basis. Trying to gain the approval of such an individual will never work unless you revert to the status of a slave with no mind, will or morals of your own. "Whoever corrects a mocker invites insult; whoever rebukes a wicked man incurs abuse. Do not rebuke a mocker or he will hate you; rebuke a wise man and he will love you" (Prov. 9:7-8). Stay separate and be true to your code.
Friday, July 25, 2008
City Councils...do what?
The city council retains ability to control by the power to approve or not approve all municipal expenses and liabilities. 65 ILCS 5/5-3-6. The manager's projects are subject to the council's power over the purse. The council can also abolish offices. 65 ILCS 5/5-3-8.
The final power the council has is that it can fire the manager from office. He/she can be removed at any time by a majority vote of the members of the council. 65 ILCS 5/5-3-7. A wise manager knows how many votes he needs to stay hired.
Thursday, July 24, 2008
Timothy J Clifton City Manager Woodstock IL
- Enforcing laws and ordinance. 65 ILCS 5/5-3-7(1). He is responsible for the efficient enforcement of nuisance, traffic and regulatory ordinances through the police department; for enforcing building codes through the building department and enforcing zoning and land use regulations through the zoning administrator and zoning board of appeals or plan commission. He has the responsibility for all of this enforcement activity.
- Appointing and removing all departmental directors based upon merit and fitness. 65 ILCS 5/5-3-7(2). This means he has the authority to hire and fire all department heads. In essence it means he controls who gets hired or fired in all departments and divisions of the city. 65 ILCS 5/5-3.7(3). This authority includes the power to appoint and remove the chief of police. Every other department head and appointees serve at the pleasure of the city manager and city manager serves at the pleasure of the city council. It is obvious that the manager shall not discriminate illegally in hiring and firing decisions; in that sense he is not above the law or legal actions if alleged hiring or firings are proven to be illegal or discriminatory.
- Controlling all municipal departments and divisons thereof. 65 ILCS 5/5-3-7(3)
- Appointing and removing all appointive officers of a municipality formerly under the aldermanic form of government. 65 ILCS 5/5-3-7(4).
- Exercising all powers otherwise granted to clerks and comptrollers in connection with the preparation of an annual report of estimated funds. 65 ILCS 5/5-3-7(5). In other words he, the city manager, is responsible for all the finanacial data needed to be seen by the Mayor and City Council. By using this power he has further control over department heads because he controls the budget that determines the departments finances.
- The City Manager is the only individual that has the right to attend and participate in council meetings. 65 ILCS 5/5-3-7(6). Obviosly this places him in an important position because in many cases he is the only source of information and interpretation of specific problems or situations that may arise by which the City Council may make decisions.
- He has the right to recommend legislative action. 65 ILCS 5/5-3-7(7).
- Performing and executing any other duties prescribed by the City Council. 65 ILCS 5/5-3-7(8). He generally cannot create new offices or positions, incur any expenditures or enter into any contracts, as these are legislative and delegative functions left to the City Council. With authorization of the City Council he may however do so.
I have sat on many boards of directors over the last 35 years and usually we would routinely evaluate the individual who was acting as the equivalet to the City Manager at 6 month intervals; I hope and trust that the Woodstock City Council is doing the same. Remember what President Ronald Reagan said "trust but verify".
Monday, July 21, 2008
RETURN TO WORK AGREEMENTS
According to the U.S. Department of Labor "Developing a RTWA requires:
- Coordination between the employee, employer, union, Employee Assistance Program and/ or treatment professionals.
- Compliance with the organization's policies and legal obligations, as well as medical recommendations.
- Prior notification through company policy that an RTWA would be expected as a condition of continued employment.
I hope all people of honor and conscience in positions of authority use a RTWA for the benefit of the employee and not as an illicit tool to solve their self motivated problems with that employee. In the end we all will have to answer for our actions especially when they affect the welfare of other individuals and their families.
Sunday, July 20, 2008
NEVER ENDING EGO?
I wonder if you still want to have "coffee with the chief" next month? Very, very expensive coffee.
Saturday, July 12, 2008
CAVEAT EMPTOR...buyer beware!
You may not know it but with the exception of three areas of the law,the State of Illinois does not certify any lawyers or law firms as specialty practices...they the law firm or lawyer advertises what he/she/it considers they are expert in doing.
So you are taking them at their word; that could be a dangerous and expensive proposition in some instances when you are dealing with an individual or firm with an operational philosophy that allegedly places their welfare ahead of their clients' welfare. Everyone beyond the age of reason (about 7 yrs. of age) knows that not all people are interested in pursuing "truth, justice and the American way". Not even Superman uses the phrase "American way" anymore...he also must be politically correct and not offend anyone.
The three areas of the law recognized as certifiable by Illinois are: Patent Law, Trademark Law and Admiralty Law. As is evident by looking through the yellow pages one does not see many of these individuals in McHenry County. McHenry County might therefore be considered somewhat of a general practice sort of a county as far as the practice of law. In other words, like the song that "dates" me says "you'd better shop around".
Enough background, lets get to the meat of the matter. Over the last few days several attorneys have contacted me and I have contacted a few others and requested their gut "feelings" about the underlying operational philosophy of firms that do a high percentage of their business in servicing the needs of villages, towns, cities, and other governmental units in McHenry County. Guess what I found out from these other attorneys? Not all are concerned about truth or doing the right thing; some are more concerned about winning, even if the cost of winning in bordering on the unethical or lets use a politically incorrect word now,the "amoral" but maybe technically legal. They know the average person living from paycheck to paycheck cannot always stand up to a prolonged legal battle and that is a tactic which is used by some to win and not to arrive at justice. Maybe its true what some say; on this earth you can buy all the law you can afford but the only place that justice will be dispensed will be in Heaven...I hope I am wrong...or this country has a very dismal future ahead of it.
In conclusion of this non-clerical homily I humbly ask that all units of government whatever their size ask and question the legal services they buy what their underlying philosophy is because winning is not the be all and end all. If you believe in a Creator like our Founding Fathers did then you at some time will stand in His presence and will give an accounting of yourself....and please forgive me for speaking for Him...He is not going to ask you how many times you have WON?
Thursday, July 10, 2008
A Word To The Wise...Fable III...Ben Franklin
"A Lion's Whelp was put on board a Guinea Ship bound to America as a Present to a Friend in that Country: It was tame and harmless as a Kitten and therefore not confined, but suffered to walk about the ship at Pleasure. A stately, full grown English Mastiff, belonging to the Captain, despising the Weakness of the young Lion frequently took it's Food by Force, and often turned it out of its Lodging Box, when he had a Mind to repose therein himself. The young Lion nevertheless grew in Size and Strength, and the Voyage being long, he became at last a more equal Match for the Mastiff; who continuing his Insults, received a stunning Blow from the Lion's Paw over his Ears, and deterred him from any further Contest with such growing Strength; regretting that he had not rather secured its Friendship than provoked it's Enmity."
Benjamin Franklin, Jan.2, 1770
Coffee With The Chief
Two articles stood out:
- TWO MEN CHARGED IN WOODSTOCK ASSAULT
The first was charged with two counts of reckless driving, criminal damage to property of more that $300, criminal damage to property of less that $300, and aggravated battery.
The second individual was charged with aggravated discharge of a firearm, possession of a firearm without a FOID Card, possession of ammunition without a FOID Card
According to the police the accident?....was gang related.
In reality a car and bullets were endangering the citizens of Woodstock. Luckily, no one was killed.
2. 2 CHURCH BURGLARY SUSPECTS HELD
Over the last 2 or 3 years it seems like I have been reading more and more articles regarding incidents (alleged crimes) like this in the newspaper. I wish the Northwest Herald, if they have not already done so and I missed it, print crime statistics for the whole county and each municipality so we can see where we stand and where work and creative initiative needs to be taken a notch or two higher.
I hope someone at the Northwest Herald reads this and can do this as a public service for the citizens of McHenry County so that they can see how we are doing in the fight against crime with the increasing population in the county.
Saturday, July 5, 2008
Circuit Judge Michael T. Caldwell
Railing and Reviling
Railing and Reviling
Instead of raving against the opposing party as "diggers of pits for this country," "lunatics," "sworn enemies," "ungrateful," "cut-throats." and &cc. which is a treatment the opposition party will not like. I would recommend to all writers and commentators on American affairs (however hard their arguments may be) soft words, civility, and good manners. That way we may may hope to recover the affection and respect of that great valuable part of our fellow-citizens and restore and confirm the solid respect between the two parties, that is necessary to the strength and stability of the whole country. Railing and reviling can answer no good end; and it may make the breach wider; it can never heal it.
Benjamin Franklin (words in bold and italics altered by yours truly)
Here we are 240 years after that letter was printed and the advice still rings true.
Friday, July 4, 2008
RIGHTEOUSNESS & PEACE
My dear Mr. Ford:
I am very much pleased at your letter of the 3rd. Of course, when I come to Detroit it will be a great pleasure to see you. I want to go over at length with you this pacifist business. My dear sir, it was a real grief to me when you took the stand that you did about pacifism. I felt you had rendered a great service industrially, and therefore socially, to this people by what you had done in connection with your automobile factory. I hated to see you fall into the trap of pacifism; for in this country pacifism has been the enemy of morality for over fifty years. Don't forget that the pacifists of 1864 were the copperheads; that the men who put peace above righteousness without exception voted against Abraham Lincoln; that Abraham Lincoln had to war most strongly against the men who tried "to take the soldiers out of the trenches" in the Civil War. Righteousness, if triumphant, brings peace; but peace does not necessarily bring righteousness; and you my dear Mr. Ford, can render the very greatest service to this country if you will stand up for the valor of righteousness and put your great name and great influence back of that movement; and not try to help strike down righteousness in the name of peace - a copperhead peace.
Again cordially thanking you, I am, Sincerely yours,
PS: I don't object to the professional pacifist movement merely because it is futile; I object to it because it is profoundly mischievous from a moral standpoint."
If we don't learn from history we are bound to repeat our mistakes. We must know the difference between righteousness and peace if we as a nation are to survive over the long run.