Discussion and Analysis. The rule proposes to prescribe inclusion of the clause at DFARS 252.235–7002 in solicitations and contracts involving research, development, test, and evaluation or training that uses live vertebrate animals. Contractors shall acquire and care for animals in accordance with the pertinent laws of the United States, the regulations of the Department of Agriculture, XxXX 3216.01, and agency implementing regulations. The rule also proposes to make contractor facilities available for inspection by the appropriate officials. It also adds DFARS 237.17X to address training that uses live vertebrate animals and to provide a cross-reference to DFARS 235.072.
Discussion and Analysis. A 60-day notice was published in the Federal Register at 83 FR 24312 on May 25, 2018. Two comments were received.
Discussion and Analysis. I have read the submissions of counsel and considered them along with the relevant law and evidence in this action. I will now address each issue in turn.
Discussion and Analysis. Whether Hero Shipping’s Writ and SOC disclose no reasonable cause of action, are scandalous, frivolous and vexatious, prejudice, embarrass or delay the fair trial of the action and/or are otherwise an abuse of the process of the court?
Discussion and Analysis. In the first instance, before adverting to the issues as outlined in paragraph 2 above, the Court considers the competing arguments pertaining to the apprehension of the word ‘value’ arising under section 72 of the Act. The Commissioner under this section is obliged to accept the higher between the value of the land and the stated consideration in the conveyance or transfer. The closely related definitions of ‘fair market value’ and the contextualisation of the elements comprising this definition as referred by both counsel for the parties15 are accepted by the Court. With respect to the perspective of the sale as advocated by both counsel however – i.e. Counsel for the Defendant alleging that the sale was a forced sale, the Court is in agreement with Senior Counsel for the Claimant that the fact of the sale having been conducted pursuant to a mortgagee’s power of sale does not render it a forced sale. In this regard, it is accepted, that a price obtained in such a sale, is not excluded from satisfying the elements enumerated above, as requisites for a sale to be reflective of the ‘fair market value’ of land. This determination by the Court that the sale in question was indeed between a willing buyer and seller, operating at arms’ length with each other and being knowledgeable of the conditions of the land – does not determine the dispute as it relates to the construction of the Commissioner’s obligations under section 72. The question of whether the Commissioner can properly look behind the stated consideration as being the best evidence of market value, which is the second issue identified in paragraph 2 above, must nonetheless be determined by the Court.
Discussion and Analysis. In order to extend the life span of landfills a large number of California communities, including Kensington, had already begun the process of addressing organic waste years earlier by diverting most yard waste. Therefore, compliance with the initial phases of the legislation did not require changes from current practices. The next phase of implementation, however, will require that most kitchen organics now be diverted. Amend Bay View Refuse Agreement September 9, 2021 Discussions with Bay View Refuse have been initiated. In order to comply with the legislation a few changes will need to be implemented. Given the nature of kitchen waste, the frequency of organic material collection will need to be increased. A bin system, similar to that used in most other California communities, will also need to be implemented.
Discussion and Analysis. The Department issued TAA 04C1-005 to CORPORATION A dated August 26, 2004, providing a written agreement which set forth the terms and conditions to report the CITC on its form F-1120 relating to PROJECT. CORPORATIONS A, C, D, E and F formed COMPANY B in order to consolidate the PROJECT and the XXX Project due to requirements imposed by the XXX. COMPANY B indicated that the XXX previously entered into a contract for the operations for the PROJECT and a separate contact for the XXX Project. In addition, the XXX enters into contracts relating to the XXX. It is anticipated that the XXX will issue one contract which will encompass both the operations for the PROJECT and the XXX Project instead of continuing to maintain two separate contracts. COMPANY B requests that it allocate the CITC based upon historical costs following the contribution of the PROJECT and the XXX Project into COMPANY B.
Discussion and Analysis. The Kensington Police Department rank and file includes an executive (Chief), two first line supervisors (Sergeant) and six line-staff (Police Officer). Contemporary Police organizations employ a middle management rank between the Sergeant and Chief of Police. This rank is commonly known as Lieutenant, Commander, or Captain. The title depends largely on the size and needs of an organization and can include multiple positions and a variety of ranks in combination with one another. The most widely used rank in Contra Costa County is that of a Lieutenant. The work of a police lieutenant is that of a middle-management role for law enforcement. The Lieutenant will take directions from the Chief of Police and develop a plan of action for sergeants and front-line officers. Responsibilities include completing Internal Affairs Investigations, reviewing matters of use of force, policy development and overseeing grants. The Lieutenant will select and assign staff, ensuring equal employment opportunity in hiring and promotion, and set work schedules and priority tasks for officers. The Lieutenant is responsible for evaluating sergeants and other staff in performance reviews and identifying development and training needs for the department. On top of these precinct duties, the Lieutenant will work with other law enforcement agencies in the area and act as an ambassador of the police department in meetings, schools, and other community functions. Promotion to this rank demonstrates years of experience as well as an ability for leadership and strong public relations skills. POA Side Letter Agreement October 12, 2023 A salary schedule that is in-line with the current POA salary schedule has been developed for the district which is consistent with Lieutenant pay scales in Contra Costa County. Additional language defining the Lieutenant’s hours of work and compensation were also developed to meet the needs of the police department and district operations. (See Attachment)
Discussion and Analysis. Whether Havanaturs ought to be joined to the action? Whether the matter ought to be determined based on the evidence before the Court?
Discussion and Analysis. Whether the Court ought to grant the interim orders sought by the Claimant?
