Error on Newark Penalty Corrected... Oh Really?

My Opinion -

Today's News Journal Local section says that the error has been corrected. This refers to the huge jury award against the City of Newark this week in Federal Court.

It seems that the City was ordered to pay the aggrieved party's attorneys fees ($1.7 Million), and that in the math, the amount was counted twice. Well, that's understandable. I can understand it because the amount of the rest of the award was so large as to minimize the impact of the double counting of the attorney fees. It is good that it was promply corrected today.

I think we should look however at what was really the error. The bigger error. The one that is in the neighborhood of $36 Million Dollars. I think we should know what caused that error, and fix it.

And the multi-million dollar error that Newark made regarding the adjustment of power charges. Who's going to fix that? Do the people even know about it? I know that I would like to understand it better.

What I am crystal clear on however, is that the City's leadership by Mayor Vance Funk has been disappointing, arbitrary and capricious.

For example, the Mayor recommended that the way to deal with the growing Alderman Court caseload was to ignore the growth issue and recommend formally that the Alderman's salary be cut so as to provide for more compensation for the Deputy Alderman. The Mayor said... on the record... that there was nothing that the judge of Alderman's Court could tell him that he didn't already know. While it is true that Mayor Funk was Alderman thirty some years ago, it is also true that some things have changed since then. Further, the Mayor at that meeting spoke of the arrangement that had been made upon the hiring of the Alderman. Well guess what? He wasn't there. He wasn't Mayor then. He didn't know. He was imprinting upon the present day what he wanted to remember from thirty years ago.

But instead of acknowledging the changes and working with council and the judiciary towards the development of a plan to deal with the growth of the Court and the City, the Mayor preferred cheap political rhetoric.

Such has been the Mayor's practice since he has taken office. And his cavalier and demeaning comments of this nature have been generally demoralizing to the dedicated City employees. Myself included.

After hearing of the meeting regarding the Alderman's Court discussion, I immediately resigned from the position of Deputy Alderman in protest to the manner in which my dedicated professional colleague was treated.

The Alderman had appeared to discuss the matter in private with council, only to find that he had not been informed that the City had decided that the meeting must be in public. Since the planned private meeting was to discuss budgeting which included my personal compensation, I did not attend. Nor was I invited. Had I been invited, or even if the slightest of a suggestion have been made that either there would be a public meeting on the topic, or that I might be asked questions at a private meeting, I would surely have been there. I had already supplied the City with written documentation and supporting data with which to make its budgetary planning, and I had expressly invited the City to ask me any questions that the Mayor and Council might have. Indeed some written questions were forwarded to me and answered promptly.

The Mayor will want to point out that he wasn't in office when the original firing of the reservoir contractor took place. But he was Mayor during the litigation. I would like to know what happened during those years that spiraled the City into this disaster. If he dealt with that the same way he dealt with other things, then I do understand.

Correction is still needed. It's needed at the polls.

Understanding the Melson, Child Support Formula

Many people know about the Melson Formula, Delaware's presumptive child support calculation. But what most people don't know is that there is another document that explains it and helps with interpretive questions.

The Family Court of the State of Delaware Delaware Child Support Formula Evaluation and Update, most recently of October 2, 2006.

When I was practicing in Family Law, I found this document to be priceless. And as hard to find as gold nuggets.

The formula is adjusted, sometimes annually. And policy decisions are made as to how to apply the formula to different circumstances. Going into a child support hearing with only the formula, and without having this document, is going in to a boxing match with one hand tied behind your back.

So here it is, in its entirety,the best kept secret in Delaware child support law. This edition is effective January 1, 2007.

Blogs as Evidence and Impeachment Material

Not shocking, but noteworthy and food for thought... as reported by Kevin at Real Lawyers Have Blogs, Blogs are being used as impeachment material for witnesses in lawsuits.

Along with the ease of publication that Blogs offer, don't forget that they are publication. Might Blogs by their ease of operation allow someone to publish before the complete thought process has been performed? I think so. Might this be a danger in Blogs?

Maybe just a danger in people.

Rule of thumb... Think... then publish. It is also helpful to run a draft by an associate, first.

Transparency in Federal Spending

President George W. Bush signed the Federal Funding Accountability and Transparency Act of 2006 (pdf) into law yesterday, September 26, 2006. This is a move in the right direction in letting the citizens of the United States know how money is being spent by the US Government.

Requirements of the Bill Include a Web site

A single searchable website, accessible by the public at no cost to access, where information about federal awards can be seen.

These federal awards include include grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance. Also covered are contracts, subcontracts, purchase orders, task orders, and delivery orders.

Individual transactions below $25,000 aren't included, and before October 1, 2008, credit card transactions won't be covered, either.

Types of Information Covered for Federal Awards

1. Name of the entity receiving the award;
   
   
2. Amount of the award;
   
   
3. Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source, and an award title descriptive of the purpose of each funding action;
   
   
4. Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country;
   
   
5. A unique identifier of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; and
   
   
6. Any other relevant information specified by the Office of Management and Budget.

Will This be Useful?

Hopefully, it will. If nothing else, it will be a rich source of information for political bloggers, who showed with the passage of this bill that they refused to let it not be passed, by working together in a bipartisan manner, to identify some stumbling blocks in its passage: Blogosphere Unites in Pursuit of Masked Senator

A number of those bloggers were invited to the White House to attend a presentation which included the signing of the Bill.

President Bush made a statement at the signing of the Bill. Here's a short snippet from that:

By allowing Americans to Google their tax dollars, this new law will help taxpayers demand greater fiscal discipline. In other words, we're arming our fellow citizens with the information that will enable them to demand we do a better job -- a better job in the executive branch and better job in the legislative branch.

October Conference on Delaware's Waters and Water Policies

If you are interested in state wide policies and regulations concerning the use of water in Delaware, there's an upcoming conference that you may wish to consider attending. But you need to act quickly. Registration is required by October 2.

A press release from the Delaware Department of Natural Resources and Environmental Control (DNREC) points to a Conference on Delaware Water Policy, set for October 16th at the University of Delaware's Clayton Hall in Newark.

The Conference is a full-day meeting which will examine statewide water policy issues. Registration for the event is required, and the registration form can be found on the University's Water Resources pages. The cost is $25 to attend (which includes materials, lunch, and refreshments), and Senior citizens (65 and over) and students may attend free of charge by registering and requesting complimentary attendance.

The event is sponsored by:

• The Water Resources Association of the Delaware River Basin


• The Institute for Public Administration


• The Water Resources Agency


• The Delaware Water Resources Center


• The Delaware Section of the American Water Resources Association


• The Delaware Department of Natural Resources and Environmental Control

Here's the Agenda for the Conference:

2006 Delaware Water Policy Forum Series No. 6

The Delaware: Challenges and Opportunities Affecting a Working and Environmental River

Program Agenda

7:30 Registration and Refreshments

8:30 Welcoming Remarks
Dr. Jerome Lewis, Director
Institute for Public Administration, University of Delaware
Dr. Thomas Sims, Director
Delaware Water Resources Center, University of Delaware

8:50 Keynote Speaker - Water Resources Association of the Delaware River Basin
Robert Molzahn, President

Overview of the Delaware River Basin and the competing environmental, industrial and economic issues in the Basin

9:25 Roundtable Panel Discussion - Challenges and Opportunities for a Working River
Moderator: Robert Tudor, Deputy Director
Delaware River Basin Commission (DRBC)

Regulatory Initiatives
Kevin Donnelly, Director
Division of Water Resources, State of Delaware and Alternate Commissioner to the DRBC

Maintaining the River
Mike Arabatzis, Chief of Planning Division
U.S. Army Corps of Engineers Philadelphia District

Emergency Response
Gerald Conrad
U.S. Coast Guard

Water Supply Concerns
Christopher Crockett, Ph.D., P.E.
Philadelphia Water Department

Maritime Issues
Dennis Rochford
Maritime Exchange for the Delaware River & Bay

Industry Perspectives
Marc Gold, Esq.
Manko Gold Katcher & Fox LLP

10:30 Break

10:45 Roundtable Panel Discussion - Challenges and Opportunities for an Environmental River
Moderator: Gerald J. Kauffman, P.E., Director
Water Resources Agency, Institute for Public Administration, University of Delaware

Reporting on Environmental Conditions: The First State of the Basin Report
Jessica Rittler Sanchez, River Basin Planner
Delaware River Basin Commission

Living Resources, Flora and Fauna in the Delaware Estuary
Kathy Klein, Executive Director
Partnership for the Delaware Estuary

Successes in Fish and Shellfish Restoration in the Delaware Estuary
Roy Miller, Administrator of Fisheries
Delaware DNREC, Division of Fish and Wildlife

The Reemergence of the Delaware Bay Oyster
(Speaker TBD)
Rutgers University, Bivalve Oyster Laboratory

11:45 Audience Survey, Feedback and Discussion of Key Issues
Moderator: William McGowan
Institute for Public Administration, University of Delaware

12:30 Buffet Lunch

1:45 Recent Developments in Water Law and Possible Effects within the Delaware River Basin
Moderator: Robert Collings, Esq.
Schnader Harrison Segal & Lewis LLP

Kenneth Warren, Esq.
Wolf, Block, Schorr and Solis-Cohen LLP and General Counsel to DRBC

Timothy Weston, Esq.
former DRBC Commissioner representing Pennsylvania now with Kirkpatrick and Lockhart Nicholson Graham

3:00 Summary and Wrap-Up
Dr. Jerome Lewis, Director
Institute for Public Administration, University of Delaware

Some information about previous Water Forum Conferences is available on the pages of the Univeristy of Delaware's Water Resources Agency. Here are links to proceedings from previous forums:

• Proceedings of Water Policy Forum Series #5
  - Water-Friendly Landscape Design: A Prescription for Healthy Watersheds
  (1.31MB) published February 2006


• Proceedings of Water Policy Forum Series #4
  - The Historic Christina Basin: Delaware's First Watershed
  (1.3MB) published October 2005


• Proceedings of Water Policy Forum Series #3
  - Land Use Change and Water Quality: Assessing the Impacts and Planning for the Future
  (1.95MB) published July 2004


• Proceedings of Water Policy Forum Series #2
  - Drought.02: A Debate and Panel Discussion Concerning Water Supply Policy in Delaware
  (640K) published February 2003

Other publications from the Water Resouce Agency

This looks like it could be a pretty interesting Conference.

Monday Night Football in New Orleans

Our favorite New Orleans legal blogger, Ernie the Attorney, will be providing some insight and commentary, and even some roving reporters, on the the incredible proliferation of media that has come to his home city tonight, starting with his post: Monday Night Football Madness comes to New Orleans.

I'm looking forward to watching the game, and happy to see the energy and excitement around it. I'll also be cheering for the Saints in this one.

Keeping an Eye on Hewlett-Packard

Hollywood couldn't write a script this compelling. How does a company protect its trade secrets? Should spying upon your own board members and tapping their phone conversations be a routine business practice?

Hewlett-Packard had a problem with information discussed only in board meetings finding its way to journalist ramblings in the news. What steps do you take in that situation? The Christian Science Monitor probes some of those issues in The changing rules of corporate spy games.

A Dow Jones MarketWatch article notes that "Hewlett-Packard Co. is ranked second on Business Ethics magazine's 100 best corporate citizens for 2006" and the article points to some specific reasons why. But, in light of the company's methods to uncover sources of leaks, the good will gained from such efforts comes under question.

One of the questions that many companies should be asking themselves in light of this drama being played out in public, with news of SEC investigations, and questioning by the US House of Representatives, is how they can keep themselves from finding themselves in a similar situation? How can they plan before hand to handle problems like the ones that Hewlett-Packard faced in a manner that can be viewed in a positive manner?

Alex Simpson, at Corporate and Securities Law Blog, has been posting a storm about issues involving Hewlett-Packard recently, including today's post - HP Part XXXI -- Now Look What HP Has Dunn...