Remember history in order to protect civil rights in the future ‘Viewpoint diversity is imperative. . . especially in a time of crisis or when fear may be generating the demands of the majority’Mark D. Killian Managing EditorThe nation must put in place as many institutional protections as possible to ensure that the promised rights afforded by our Constitution are realized not just in abstract rhetoric, but in real life, according to U.S. 11th Circuit Court of Appeals Judge Rosemary Barkett. Addressing the annual Florida Supreme Court Historical Society dinner in Tallahassee January 29, Barkett — the first woman to sit on the Supreme Court and its first female chief justice — said one of those institutional protections must be the depoliticalization “to the extent possible” of judicial appointments.“A government whose expressly stated purpose is to establish justice and secure the blessing of liberty to ourselves and our posterity will not long endure if those charged with establishing justice and securing that liberty are beholden — or even seem to be beholden — to anyone,” Judge Barkett said.“Nor can a society long survive without the confidence of its people in the neutrality and the integrity of its judges.”History also teaches that the nation must ensure a diversity of viewpoint within the judiciary, she said.“Certainly diversity of gender or race or ethnicity are all important, but viewpoint diversity is imperative for a court to carefully consider all sides of a question, especially in a time of crisis or when fear may be generating the demands of the majority,” Judge Barkett said.That does not mean, however, judges should have predetermined views.“Just the opposite,” Barkett said.“We want judges who are open to understanding all views, to listen and assess each argument with what has been termed an unrebutting mind. We want inquiring ones who want to know.”Barkett said human nature makes us slow to learn some lessons, and the history of civil liberties in America has been a process of “taking one step forward and then falling two steps back,” as our lawmakers sometimes rush to thoughtless judgments, before the nation regains the footing of its ideals — only to repeat the process again.To drive home her point, Barkett borrowed from a speech given by U.S. Supreme Court Justice William Brennan titled, “The Quest to Develop a Jurisprudence of Civil Liberties in Times of Security Crisis.”Barkett noted the ink was barely dry on the First Amendment when Congress, on the verge of war with France, enacted the Alien and Sedition Act of 1798, which empowered President John Adams to expel any alien judged dangerous and to arrest all subjects of foreign nations as alien enemies.The act made it unlawful to write, print, utter, or publish any false, scandalous, or malicious writing against the United States government, Congress, or the president, with the intent to bring them into disrepute.“These acts were enacted by the Federalists, who at that time were the conservatives, in order to quell the opposition of the Republicans, led by Thomas Jefferson, who then were progressive and liberal,” Barkett said. “Seizing upon rumors of French espionage and sabotage, the Federalists found it distressingly easy to rationalize the enactment of statutes that effectively permitted them to punish civil political opposition.”Judge Barkett said although no legal challenge to the Alien and Sedition Act ever made it to the Supreme Court, the act was upheld by several lower court judges.“It is easy in hindsight to see how a nation newly independent and facing the first foreign threat to its security was failed by the lack of any civil rights jurisprudence and by an inability or unwillingness to see through the self-serving and bald assertion of the Federalist Congress and executive that danger existed which warranted such drastic measures,” Barkett said.Although the act was later eviscerated, Barkett said the civil liberties lesson was lost at the onset of the Civil War when President Abraham Lincoln in 1861 suspended the writ of habeas corpus, which caused some 20,000 to 30,000 people to be arrested and detained in military custody without charges “simply because those persons were suspected of being disloyal.”While Lincoln’s action never reached the Supreme Court during the Civil War, after the conflict, “the lofty principles of civil liberties” were again reaffirmed.Yet, Barkett said, those principles proved more aspirational than real, as civil liberties were again suppressed at the onset of World War I when the Senate considered a bill that would have made the entire country a military zone within which anyone who published any material that might endanger the success of U.S. military operations could be tried as a spy by a military tribunal and put to death.“Unwilling to go this far, President [Woodrow] Wilson instead convinced Congress to enact the Espionage Act of 1917, which made it a crime during a time of war to make false statements with the intent to interfere with the success of U.S. military forces or to interfere with military recruiting.”The act was amended in 1918 to also make it a crime to utter or print any disloyal, profane, scurrilous, or abusive language about the U.S. form of government, the Constitution, the flag, or U.S. military forces.Barkett said there were more than 2,000 prosecutions under the act, very few for actually urging men not to enlist or submit to the draft.“Rather, the vast majority of the convictions were for stating opinions about the war, opinions that the courts treated as false statements of fact because they conflicted with speeches by President Wilson or the resolution of Congress declaring war,” said Barkett.She noted that among the supposed threats to national security prosecuted under the act included statements of religious objectors to the war or advocacy of heavier taxation instead of the issuance of war bonds, or suggestions that the draft was unconstitutional, and even criticism of the Red Cross and the YMCA.Again, none of those cases reached the Supreme Court until the war was over, she said.During World War II, the military imprisoned 120,000 American citizens simply for being of Japanese descent.“The court never bothered to ask whether the evacuation orders and internments were valid or make any inquiry about whether any cause existed to question the loyalty of American citizens,” Barkett said.“Instead, the court completely and amazingly expressly abdicated its responsibility to the military, saying simply it was enough if the military said that they had reasonable grounds to believe that the threat was real.”In 1980, Congress appointed a commission to review the WWII internments and determined they were a grave injustice, not justified by military necessity, but prompted by racial prejudice, war hysteria, and a failure of political leadership, she said.“It is interesting to note that while we were imprisoning American citizens of the United States simply for having Japanese ancestry, Germany was passing the Nuremberg laws pursuant to which Jewish doctors were forced to resign from private hospitals, followed by laws prohibiting Jews from attending plays and movies and concerts or German schools or using public transportation, and so forth,” Barkett said.“And we know where those laws eventually led, and we have to see the possibility that a more pervasive and permanent tyranny could have been established right here had the country continued to cede its civil liberties to someone willing to seize upon the opportunity to establish an authoritarian regime.”Barkett said, to the country’s credit, it always has been able to correct matters and restore our democratic and constitutional form of government after each crisis.“But the conclusion of the Commission on Wartime Relocation of Japanese Americans — like those denouncing the Alien and Sedition Act or Lincoln’s suspension of the great writ, the Espionage Act prosecutions of political anti-war statements, or the witch hunt for communists and the enactment of various laws aimed at flushing out those with communist beliefs — came far too late to prevent civil liberties from being infringed and caused untold damage to innocent citizens who had been promised the protection of the Constitution, who were entitled to the protection of their lawmakers, and who should have been protected by their last hope, the courts,” Judge Barkett said.No matter how idealistic the nation may be in the abstract, Barkett said, “we collectively are sometimes going to fall short. That’s why the nation needs judges who would question its leaders about French intrigue during the late 1790s; who would question the claims that civil courts were unable to adjudicate the allegedly treasonous actions of northerners during the Civil War; who would question the belief that criticism of the draft may lead to droves of soldiers to desert the Army; who would question the assertions of sabotage and espionage of Japanese Americans during WWII; and the fear the American Communist Party stood ready to overthrow the government.“We want judges who understand principles and have the courage to apply them at the time they are applicable, not in hindsight,” Barkett said. February 15, 2009 Managing Editor Regular News Remember history in order to protect civil rights in the future
In 2015, when Lingen was a sophomore, he was the most productive tight end on the Gophers’ depth chart. He had 33 catches for 428 yards and three touchdowns. He started 10 games and played in 12 — he missed one game with an injury.The Gophers tight end wasn’t always one of his teams’ leading receivers.Lingen, a 6-foot-5, 254 pound Wayzata native, said he didn’t catch many passes in high school.“I probably caught 10-15 passes my entire career there,” Lingen said. “It just makes it really special whenever you get to catch the ball, but it really made you appreciate what the [offensive line] does.”Lingen shares snaps with one of the biggest tight ends in college football, Nate Wozniak. You can pick him out of the Gophers team photo easily, as he stands 6-foot-10 and 280 pounds. “I’ve been here with [Wozniak] for four years now, he’s a good buddy of mine,” Lingen said. “I’m just trying to keep pace with him, really, he’s a monster.”The two senior tight ends are two of the most experienced athletes on the team. Offensive coordinator Kirk Ciarrocca said the tight ends’ production last week was just a matter of them getting open.“They’ve been involved all year,” Ciarrocca said. “The quarterback’s going through his progressions, and the guy that’s open is open … I didn’t know going into the game that they were going to have a big game.”Lingen plans to graduate this year with a degree in supply chain and operations management. He wants to start his own business in the twin cities. He doesn’t know what type of business yet.“Not sure yet, don’t really have that idea yet,” Lingen said. “Always just kind of thinking, just trying to have that mindset of what could be better, what problems are there that I could try to provide solutions for.” Lingen stays healthy and becomes receiving threatLingen had 31 yards and a touchdown in Saturday’s loss to Maryland.Chris Dang, Daily File PhotoTight end Brandon Lingen is tackled on Saturday, Oct. 22, 2016 at TCF Bank Stadium. Jack WarrickOctober 5, 2017Jump to CommentsShare on FacebookShare on TwitterShare via EmailPrintLast year, tight end Brandon Lingen couldn’t catch a break when it came to injuries.He played just three games junior year due to a torn shoulder, a broken collarbone and a broken foot throughout his collegiate career.This season, he’s in his longest healthy stretch since his breakout 2015 season. He has three touchdowns and the third-most receiving yards on the team.“Last year, definitely being a coming back, being out again … coming back, being out again [year],” Lingen said. “It just definitely makes you appreciate every moment you have, whether it’s out on the practice field, or on a Saturday.”He scored his first touchdown of the season Saturday: a quick seven-yard pass up the middle that tied the game at 17. He hadn’t scored since Nov. 14, 2015 before that.Lingen had 31 yards and a touchdown on two catches in the Maryland game — he had more receiving yards in one game than all of last year’s injury-riddled season.“I thought Lingen had his best game,” said head coach P.J. Fleck. “I haven’t been here [enough] to talk about his career … but I thought he played like he should be playing.”In the 2016 season, Lingen didn’t play the first game due to a torn labrum in his shoulder. He came back for the second week game against Indiana State and broke his collarbone. Then he came back to play Maryland four weeks later and he broke his foot — he sat out the final seven games of the season.He had 28 yards and no touchdowns last year.“The hardest part, I think, is sitting in the locker room before games,” Lingen said. “I mean you so badly want to be out there but you kind of have to take that step back, and you just have to be in a different role.”Lingen said the new coaching staff does things a little differently when it comes to preventing injuries.“There’s a huge emphasis this year on [staying healthy],” Lingen said. “Whether it’s in the morning with team coffee stretches to after workouts getting a roll or hip extension stretch, there’s a lot of different things we do day in and day out to help keep us on the field.”
Share on Twitter Although it has already been known for some time that the brain does not remain rigid in its structure even in adulthood, scientists at the Max Planck Institute for Human Cognitive and Brain Sciences made a surprising discovery: The brain is not only able to adapt to changing conditions in long-term processes, but it can do this every month. The researchers observed that in women, in parallel to the rhythm of the level of estrogen across their menstrual cycle, the structures of the Hippocampus vary — a brain area that is crucial for memories, mood and emotions.Each month, women experience the up and down of hormones during their menstrual cycle. And from month to month these variations appear to not just influence the switching between fertile and infertile days. The fluctuating hormone levels also change the structure of the brain in astonishing regularity, as demonstrated by the results of the study on the hormonal influence on the brain structure at the Max Planck Institute for Human Cognitive and Brain Sciences in Leipzig.“We found, that in parallel to the rising estrogen levels leading up to ovulation, the Hippocampus also increases in volume–the volume of the grey matter as well as that of the white matter”, explains Claudia Barth, first author of the corresponding paper published in the renowned magazine Nature Scientific Reports. How these fluctuations of the brain structures precisely affect the behaviour and specific cognitive abilities remains a mystery. But the neuroscientists do have a theory: “The Hippocampus plays a crucial role in our memories, our mood, and our emotions. In mice it has already been proven that it is not just this brain structure but also different behaviours which underlie a type of monthly cycle.” Share Pinterest Whether these observations are also valid for humans has to be proven in further studies. After testing the results of this first pilot study on the connection between the level of estrogen and the Hippocampus in a larger group of study participants, the researchers will scrutinise the effects on the behaviour. “If it appears, for instance, that women in certain phases of their cycle are particularly receptive, these women could undergo therapy”, she explains. This could take place at a specific time point when a woman is in a position to do so.”With these findings, the neuroscientists have laid the foundations for their overall goal: Investigating the relationships of premenstrual dysphoric disorder (PMDD), a disorder which affects one in twelve women in the days leading up to her time of the month. These women complain of severe physical and psychological symptoms such as listlessness or mood swings comparable to a depressive episode. “To get a better understanding of this disorder, we first have to find out which monthly rhythm the brain of a healthy woman follows. Only then can we reveal the differences in persons affected by PMDD”, says Julia Sacher. Email LinkedIn Share on Facebook
CARB-X awards $4.55 million for Pseudomonas antibody treatmentCARB-X, an initiative to build a better pipeline of new antibiotics for treating resistant infections, announced today that it awarded Inhibrx $4.55 million to speed up the development of a new antibody to prevent and treat Pseudomonas, a hard-to-treat Gram-negative pathogen often found in health settings.The award includes the possibility of $1.49 million more if Inhibrx, a biotherapy company based in La Jolla, Calif., meets certain development milestones with INBRX-111, which is currently in preclinical trials.The Combating Antibiotic Resistant Bacteria Biopharmaceutical Accelerator (CARB-X) is a joint effort between the United States and the United Kingdom and is funded by the Biomedical Advanced Research and Development Authority (BARDA) and the Wellcome Trust, with additional support from the National Institute of Allergy and Infectious Diseases (NIAID).Kevin Outterson, JD, executive director of CARB-X, said in a statement from the group that the Inhibrx project enriches the diversity of the CARB-X pipeline. He added that though projects in the CARB-X portfolio are in the early stages of research and come with a high risk of failure. ” But if successful, these projects, including Inhibrx’s antibody project, hold exciting potential in the fight against the deadliest antibiotic-resistant bacteria.”Mark Lappe, chief executive officer of Inhibrx, said company looks forward to advancing INBRX-111 rapidly though phase 1 trials.The new award pushes CARB-X announced funding this year to $51.93 million covering 21 projects, with an additional $63.85 million if the groups meet their milestones. CARB-X said it expects to make further funding announcements later this year.Oct 31 CARB-X press release Study: California hospitals show progress on ASPs following new state law The proportion of California hospitals with all of the Centers for Disease Control and Prevention’s (CDC’s) core elements for antibiotic stewardship rose from 59% to 69% following new state legislation requiring hospitals to implement additional stewardship practices, researchers with the California Department of Public Health reported yesterday in Infection Control and Hospital Epidemiology.To assess implementation of antimicrobial stewardship programs (ASPs) before and after Senate Bill 1311 went into effect in 2015, the researchers analyzed the responses of California hospitals in 2014 and 2015 to an annual survey by the CDC’s National Healthcare Safety Network (NHSN) that included questions about antibiotic stewardship practices. The law required hospitals to institute an antibiotic stewardship policy in accordance with guidelines established by the federal government and professional organizations, to develop a physician-supervised stewardship team with at least one physician or pharmacist who had received stewardship training, and to report all stewardship activities to appropriate hospital committees.In total, 386 of 388 California hospitals completed the surveys in 2014 and 2015. Analysis of the survey answers showed that 267 hospitals (69.2%) had all seven of the CDC’s core elements for hospital ASPs in 2015, compared with 229 (59.3%) in 2014. Nationally, only 48% of hospitals that reported to NHSN in 2015 had ASPs with all seven core elements.The authors say the extent to which the legislation affected hospital ASPs is beyond the scope of the analysis. “However, in combination with recommendations from professional and government organizations, it is likely that this legislation had a catalyzing effect on California’s ASP progress,” they write. Oct 30 Infect Control Hosp Epidemiol studyWelsh deaths from resistant, healthcare-related infections continue declineIn Wales, the number of deaths from the most common antibiotic-resistant and healthcare associated infections such as methicillin-resistant Staphylococcus aureus (MRSA) continued to decline in 2016, the BBC reported today, citing the latest statistics from the country’s Office for National Statistics.According to the results, MRSA deaths reflected a 22-year low; only 10 death certificates in 2016 noted MRSA, lower than the 14 recorded in 1994.For Clostridium difficile, a common healthcare-associated infection that often affects older patients who are on antibiotics for other infections, Wales noted a rise in 2013, but the 79 deaths last year are the lowest since 2001, according to the report. For Staphylococcus aureus, the number of deaths in Wales last was the lowest since 1994.The Welsh government released its Antimicrobial Resistance Delivery Plan in March. A government spokesperson told the BBC that the fall in deaths is a sign of overall progress National Health Service (NHS) Wales is making toward reducing healthcare-associated infections.Oct 31 BBC reportC diff statistics MRSA statistics
By Liddie Martinez, chairwoman of the Economic Recovery Council’s Subcommittee on Economic Relief&Brian O’Leary, chairman of the council’s Subcommittee on Economic DevelopmentAs the administration of Gov. Michelle Lujan Grisham continues to carefully follow through on its plan for gradually reopening the New Mexico economy, it’s time to start focusing our attention further out on the horizon.The first order of business should be to extend a helping hand to the many homegrown, small businesses struggling to recover from the damage inflicted by COVID-19. Federal aid has been helpful, but more needs to be done. The Economic Recovery Council has supported the development of a new low-interest loan program likely to be considered in this week’s special session. We strongly encourage the Legislature to take this step.Next is the long-term health of our economy. There’s no denying the pandemic hit us with a body blow, so it’s important we regain the momentum we had going into 2020.Before the first case of COVID-19 was diagnosed in New Mexico, the state’s economy was growing far faster than the rest of the United States. New Mexico’s private-sector job growth was in the top 10 nationally, GDP was fourth nationally, and both personal income and wages were accelerating.This progress was a long time coming. After the Great Recession, New Mexico’s job growth was almost dead last among the 50 states. Young professionals were leaving — education in hand — for opportunities elsewhere.Among the factors that turned the state around were investment in business expansion and relocation and workforce training through two signature economic development programs — the Local Economic Development Act and the Job Training Incentive Program. This has been wise and strategic spending by the Legislature and planning by the Lujan Grisham administration. Now is not the time to go backward.Both programs have helped New Mexico attract companies with global footprints — NBCUniversal, Netflix, Facebook and, most recently, SoftBank’s planned investment at Spaceport America. The assistance also has helped homegrown companies add employees and expand, including a family ranch, meat processors, and local breweries and wineries.This assistance is the backbone of a stronger economy and higher salaries. The investments the state of New Mexico has made from the LEDA fund since Lujan Grisham took office have created jobs with an average annual salary of almost $60,000, compared with a state average of $47,000.Meanwhile, the JTIP grants have trained 2,721 workers at 115 businesses since January 2019 — jobs in agriculture, manufacturing, biosciences, aerospace, film and television. They are jobs that diversify New Mexico’s economy and give our children an opportunity to work and raise their families in their own communities.We must also find a way to accelerate investments in broadband and other infrastructure so all of New Mexico can take part in the 21st-century economy. The pandemic has made it painfully obvious how critical information technology is to a sustainable economy.Many of the jobs that transitioned to telework over the past few months likely will stay that way long after we’ve controlled the virus. Attracting new, well-paying jobs and sustainable careers will depend on a workforce that can depend on the infrastructure needed to take part in the new economy.And then there’s the workforce itself, the real key to building a strong economy. We understand the difficulty legislators will face trying to balance a budget hammered by the economic slowdown. But to ensure that slowdown remains short-term, New Mexico must continue its investments in education at every level.We know businesses already here want to hire workers and expand. And we know many outside the state are asking about New Mexico, thanks to its talented, diverse workforce and more appealing lifestyle. Only by investing in our economy can the state return to stronger job growth and a sustainable recovery.
Tom Wolf, CREF board of trustees chair and PPG Automotive Refinish director of business development noted, “PPG is proud to continue supporting CREF’s efforts to help collision programs, students, and instructors and this is a creative way to get not only the industry, but general public supporting their local schools. While we are limited on the number of golfers that attend our annual CREF summer golf fundraiser, this virtual event allows for thousands to participate, knowing that their registration fee will be reinvested back into their local schools.” CAWA Chair of the Board, Ward Myers of Worldpac, has appointed Herb Lieberman of LKQ Corp. to the CAWA’s Board of Directors.AdvertisementClick Here to Read MoreAdvertisement“LKQ Corp. has been a longtime member and supporter of CAWA and we are pleased that Mr. Lieberman as their representative will be involved in the association’s leadership,” said Myers.Currently, Lieberman is LKQ Corp.’s representative to the inter- and intra-trade association and has held various positions. He has been involved in many of the corporation’s internal functions including operating group participant, administrator of the JM Holsten Scholarship Program, liaison to the government affairs department and as an editorial contributor to the international publication, Auto Recyclers Toolbox. Prior to his time at LKQ Corp., he was a partner in Lakenor Auto Salvage in Santa Fe Springs and since then has served on many association related committees and boards.,To raise additional support for high school and college collision school programs, the Collision Repair Education Foundation (CREF) will be collaborating with 90 I-CAR volunteer committee groups nationwide on a winter virtual golf fundraiser, exclusively sponsored by PPG Automotive. This event will be a private tournament within TopGolf’s online game, which will be held from Friday, Nov. 20 through Sunday, Dec. 20. Golfers will be able to play an unlimited number of rounds of virtual golf during those 30 days, while viewing an in-game leaderboard to see how they are doing compared to others golfing from around the country. AdvertisementClick Here to Read MoreAdvertisement CREF Director of Development, Brandon Eckenrode noted, “We are excited about how this one event will bring together 90 I-CAR volunteer committees nationwide and through their local promotion of the event, the more support can be raised for collision schools. As collision instructors and students need the industry’s support now more than ever, we didn’t want the fact that in-person fundraisers not being possible to stop us from coming together for the future professionals of the industry.” Advertisement The 90 I-CAR volunteer committees will be promoting this fundraiser not only to their local industry members, but also the general public as the more local virtual golfers that participate, the more funding will be raised for their local collision school programs. Also, with the event being virtual, zero golfing skill is required, and golfers can play from the comfort of their home.Advertisement I-CAR CEO & President John Van Alstyne said, “What a fantastic way to support an important cause. A couple I-CAR committees worked with CREF to innovate their normal golf outing fundraisers in the face of COVID earlier this year with great success, and the same can be expected here. I-CAR committees across the U.S. are increasingly focused on supporting career technical schools as our industry seeks more qualified and capable talent. This event will be a fun and easy way to support that goal.” Ford Performance Racing School has donated two passes, a $4,000 value, that will be awarded to the virtual gofer with the best score at the end of the tournament. Registration is now open online. Industry members not located near one of the participating I-CAR Volunteer Committees can select “CREF General Fund” when registering and their registration fee will help CREF collision school programs, instructors and students nationwide. Registrants can download the free TopGolf online game to their phone, tablet, or desktop and start practicing their virtual golf swing prior to the Nov. 20 tee-off, when registered players will be given instructions on how to access the private in-game tournament. Questions regarding the fundraiser can be directed to CREF director of development Brandon Eckenrode. To help raise additional funds for local collision school programs, when paying their $25 registration fee online, golfers will be able to select one of the 90 participating I-CAR volunteer committees and $20 of their registration fee will be reinvested into collision schools in that specific market.
LSI President Brett Tennar says, “Steve’s success in developing operational strategies that improves the bottom line, builds teamwork, reduces waste and ensures quality product development and distribution checks many of the boxes of what we were looking for in a COO. This, coupled with his career in the Air Force working with highly technical systems and his in-depth understanding of Lean Six Sigma and Business Process Management sealed our offer. As our tagline states, our products are Powered by Science. This data driven approach is one reason why our company has grown exponentially as we employ the most advanced technology to product development. I am confident that Steve is the right person to drive operational strategy for our diverse and growing brands.” Advertisement With more than 20 years of experience across multiple industries and functional areas, deMoulpied has particular expertise in organizations with complex technical products. Combined, his prior positions have required a spectrum of skills in corporate strategy, operations improvement, product quality, and revenue cycle management. He has an impressive history of utilizing data driven problem solving (Lean Six Sigma) and project management (PMP and CSM) to achieve strategic goals surrounding customer satisfaction, operational efficiency and improved profit. DeMoulpied comes to LSI from the Private Client Services practice of Ernst & Young where he managed strategy & operations improvement engagements for privately held client businesses. Some of his prior roles include VP of strategic development, director of strategic initiatives, and Lean Six Sigma Master Black Belt at OptumHealth, UnitedHealth Group’s health services business, as well as Lean Six Sigma Black Belt at General Electric, where he applied operations improvement principles to customer service, supply chain and product development. A successful entrepreneur, deMoulpied is also the founder of PrestoFresh, a Cleveland-based e-commerce food/grocery business. DeMoulpied has a Bachelor of Science degree in Engineering Management from the United States Air Force Academy and a Master of Business Administration degree from the University of Dayton in Marketing and International Business. He served six years with the USAF overseeing the development of technology used on fighter aircraft and the E-3 Surveillance aircraft, finishing his career honorably as Captain. The board of directors of Toyo Tire U.S.A. Corp. (TTC) has announced the promotion of Roy Bromfield to president and CEO of Toyo Tire U.S.A. Corp. In this role, he is responsible for all product categories of Toyo-branded business in the U.S. replacement market.AdvertisementClick Here to Read MoreAdvertisement“We are proud to appoint Mr. Bromfield as our first American president and CEO of Toyo Tire U.S.A. Corp.,” said Takashi Shimizu, president of Toyo Tire & Rubber Co. “Under Roy’s leadership, Toyo sales in the U.S. have grown dramatically, and TTC has become one of our most important global businesses. We have confidence in the team that Mr. Bromfield has built and the strategy that it is executing for continued growth.”Bromfield joined Toyo in December 2012, and has been president and chief operating officer of TTC since January 2016. Prior to TTC, Bromfield was CEO of Q Tires Inc. and held various sales and marketing positions at Michelin, including vice president of North American marketing and sales, and president and CEO of Tire Centers LLC.Bromfield is a graduate of the United States Military Academy at West Point with a Bachelor of Science degree, and has a master’s degree in business administration from Emory University in Atlanta.Bromfield will report to the TTC board of directors. Mizutani will retain his role as chairman of the board.,Lubrication Specialties Inc. (LSI), manufacturer of Hot Shot’s Secret brand of performance additives and oils, recently announced the expansion of senior leadership. Steve deMoulpied joins LSI as the company’s chief operating officer (COO). AdvertisementClick Here to Read MoreAdvertisement
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The European Commission’s mission to modernise and simplify procurement directives and to open up contracts to SME contractors culminated in the adoption of three new directives on 17 April 2014. These cover public sector contracts, concession contracts, and contracts procured by utility companies. Member states have until 18 April 2016 to transpose these into national law. The UK saw publication in September of draft public contract regulations for consultation. These are expected to come into force early in 2015. The draft regulations apply to all public sector bodies including schools, academy trusts, housing associations and clincial commissioning groups (CCGs). Part four of the regulations introduces rules that apply purely at the UK level to below-threshold contracts: £4.32m for works, and £111,676 or £172,514 for services and supplies, respectively for central government and local authority. These are intended to implement Lord Young’s 2013 proposals to open up more contracts to smaller businesses. They introduce a requirement for central government to advertise contracts of £10,000 or more on the government’s Contracts Finder website. Local authorities and housing associations must also do so for contracts of £25,000 or more. Schools and academies are exempt from this, as are certain NHS procurements. More light is thrown on the thorny question of when an authority can vary a contractIn each case, the advertising requirement only applies if the contract opportunity is put into the public domain, which leaves open the possibility of a behind closed doors deal or a framework call-off. The Contracts Finder advert must clearly specify the time limits to respond, how to respond and any other conditions for participation. The use of pre-qualification questionnaires for such contracts will be banned. Any questions about credentials or suitability to bid must in future be relevant to the subject matter of the contract and proportionate. The Cabinet Office intends to issue more detailed mandatory guidance to further shape best practice, particularly around issues like minimum financial standing and legal status. Authorities must explain any deviation from the rules by written report to the Cabinet Office. Regulation 112 introduces a statutory requirement for public authorities to write into the contract an obligation to pay contractors within 30 days of a valid and undisputed invoice. If they fail to do so, the terms will become implied terms. To help with arguments about whether an invoice is “undisputed and valid” the rules state that invoices must be “considered and verified by the contracting authority in timely fashion”. Undue delay is not regarded as justification for delay in payment.Leaving aside the purely domestic regime for below-threshold procurements, the new rules introduce several other important changes:The time limits for requests to participate and return tenders are shortened by a third in most cases and may be shortened further where e-portals are used. Authorities must move towards full electronic communication by 2018.There is explicit clarification that social and environmental benefits can be considered during evaluation. More emphasis will be placed on “whole life costing” so exit costs, ongoing maintenance liabilities and environmental costs are taken into account.The distinction between Part A and Part B services (mainly social, healthcare educational and cultural services) will go; instead a new “light touch” regime is introduced for contracts in these sectors that exceed €750,000 in value (about £630,000). (Below this, the new domestic rules on transparency explained above may still apply). There is a power to reserve certain types of contract to social enterprises and mutuals, provided strict criteria are satisfied. Commercial providers will need to be alert to any abuse of this.The formerly tarnished “negotiated procedure”, which the European Commission believed was often manipulated to anti-competitive effect, has a new lease of life as the “competitive procedure with negotiation”. The circumstances in which it, and its cousin the “competitive dialogue procedure”, can be used are widened. An “innovation partnership” procedure is introduced to encourage development of new solutions.There are new safeguards against corruption, collusion and managing conflicts of interest – in particular, where authority staff may have a vested interest in the procurement outcome.Market engagement and consultation prior to formal tenders is encouraged.More light is thrown on the thorny question of when an authority can vary a contract without having to re-run the competition. A de minimis limit of 10% (15% for works contracts) is introduced, with clarification of the ability to switch supplier in the case of insolvency or corporate restructuring.Many of the reforms are welcome clarifications of principles already developed by case law. The changes to procedures, particularly the new domestic rules for “below threshold” contracts and 30-day time limits for payments will require authorities to adjust systems and processes in readiness. Contractors and service providers should be alert to their new rights. Mark Johnson is a partner at public services law firm Geldards
Ray Engley, head of technical services at the Road Haulage Association, is acting as co-ordinator with the support of the Heavy Transport Association, the Freight Transport Association and a number of allied and interested groups.”There is broad consensus throughout the industry that the system needs to be reviewed and tweaked to reflect modern-day movements of abnormal loads,” said Engley. “All sectors across the industry are involved and can be broken down into four specific sectors – clients/consignors, operators including escort organisations, local authorities and structure owners, and police authorities.”The industry faces challenges because of reduced budgets within local authorities and police forces, and a genuine lack of knowledge across all sectors, he said.”The aim is to develop an international code of practice or recommended guidance – details against which enforcement agencies can target offenders and address by training needs where identified, or prosecution for serial non-compliance.”The industry has changed significantly since the last update of the Special Types General Order (STGO) Regulations in 2003, said Engley. “By working together, it is hoped that the industry can move forward together. Customers want their goods moved ‘immediately’; structure owners and local authorities want only notifications relevant to them; police forces want the ability to filter notifications in order to assess the road safety element of individual loads.”www.hta.uk.netwww.rha.uk.netwww.fta.co.uk