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Monday May 10, 1999
Clinton tactics in air campaign
Elizabeth Dole cites fundamental blunders
Associated Press

     DES MOINES, Iowa (AP) - The White House has made fundamental strategic and tactical blunders in the Balkan bombing effort and those mistakes are fair game in the presidential campaign, says Republican presidential hopeful Elizabeth Dole.
     Mrs. Dole said Saturday the effort is being run largely by politicians and not soldiers, and they have made errors in targeting, intensity and focus.
     ``I think they could, in terms of the air war, have done a lot more a lot more quickly,'' Mrs. Dole said in an interview with The Associated Press. ``I just think the politicians have been driving it to a great extent. The military should be given its free hand.''
     Mrs. Dole, former president of the American Red Cross, traveled to the Balkans and came back talking tough, arguing that NATO forces should do hatever is needed to win.
     In her latest campaign swing, Mrs. Dole is broadening that argument by complaining about President Bill Clinton's conduct of the campaign.
     She noted that at the beginning of the Persian Gulf War allied forces were flying 1,500 to 2,000 attack sorties a day. ``We're not anywhere near that,'she said.
     In addition, she said NATO forces were tardy to target communications systems in the region.``They didn't aim at the communications and a lot of propaganda has poured out,'' she said.
     Mrs. Dole has formed an exploratory committee for a Republican presidential candidacy, and she was interviewed during a two-day swing in he state where precinct caucuses next February launch the nominating season.
     It's been traditional over the years that competing politicians are quiet during an overseas combat operation, to avoid sending conflicting signals to enemies.
     But Mrs. Dole said the stakes in the Balkans are too high for candidates to stay silent.
     ``It's a very legitimate topic because it's our values and our national interest,''she said. ``I don't know how you could be not commenting on this.''
      In her early swings, Mrs. Dole has campaigned alone, but she said her husband, 1996 Republican presidential nominee Bob Dole, could join her soon.

(c) 1999 The Associated Press.

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Wednesday May 5, 1999

Participation in California
Public Higher Education

.
Buzz Breedlove, Legislative Analyst's Office

     SACRAMENTO - The Office of the Legislative Analyst examines California participation rates in public colleges and universities and how it has changed over the past 20 years. The historical data show that a higher percentage of college-age Californians are attending public colleges than ever before. As a consequence, the percentage of adults that have obtained a college degree has increased significantly over the years.

Eligibility for Public Higher Education

     The Master Plan for Higher Education, published in 1960, established student eligibility criteria that remain general state policy today. The plan calls for community colleges to accept all applicants 18 years and older who can benefit from attending. The 106 community colleges currently accommodate all persons seeking to attend. The plan calls for the California State University (CSU) to draw from the top one-third of high school graduates. It also calls for the segment to accept all qualified community college transfer students. Surveys by the California Postsecondary Education Commission (CPEC) have found that CSU has hovered near its eligibility-rate target of 33 percent over the years. In its most recent survey of high school graduates, CPEC found that CSU was drawing from the top 29.6 percent of high school graduates.

     The Master Plan calls for the University of California (UC) to draw from the top 12.5 percent of high school graduates and to accept all qualified community college transfers. The university has always drawn from a larger pool than the top 12.5 percent, and has expanded the size of its eligibility pool significantly in this decade. Based on CPEC's 1996 survey, 20.5 percent of public high school graduates obtained a 3.3 grade point average (GPA) in college preparatory courses as required for UC admissions. For various reasons, almost half of these students did not take the SAT II test, which is also required for admission to UC. (According to the university, no other college or university in the country requires this test.) Consequently, although 11.1 percent of high school graduates in 1996 met admissions requirements for UC, they were spread among the top 20.5 percent of high school graduates.

     The UC Board of Regents recently voted to extend eligibility to the top 4 percent of high school graduates from each high school, provided they too take the SAT I and SAT II tests. Two-thirds of this pool already meet UC admissions criteria. Almost all of the others in this 4 percent group meet the 3.3 GPA requirement, but have not taken the SAT I and SAT II tests. Therefore, they generally fall within the 20.5 percent of top high school graduates from which UC currently draws its students.

College Participation Is Up
In All Three Segments

     In 1997, approximately 30 percent of California adults between the ages of 18 and 24 were enrolled on a community college, CSU, or UC campus. This is the highest participation rate for this prime college-going age group in history. By comparison, 23 percent of 18-to-24 year olds were enrolled on a public college or university campus in 1977. There are many reasons for this increase. For example, rates of graduation from high school have risen over time, greater emphasis is placed on college attendance today than ever before, and the percentage of parents with a college education has risen sharply over the last few decades. In addition, state funding of colleges and universities per college-age Californian is at an all-time high, even after controlling for the effects of inflation.

     While the participation rate of the prime college-going age group of 18-to-24 year olds has climbed steadily over the past 20 years, participation rates among older adults has steadily fallen. In 1997, 4.4 percent of adults 25 years old and older were enrolled in a California public college or university. This compares to 5.4 percent in 1977. This decline is due in large part to the increasing college-going and college-completion rates of younger adults. As Figure 1 shows, 26.4 percent of adults 25 years and older in 1997 had at least four years of college. By comparison, about half (13.4 percent) as many in this age group had done so in 1970. While college participation remains an option for most older adults, many more of them today have already participated as younger adults.

     Community Colleges. Figure 2 shows the percentage of California adults attending community colleges from 1977 through 1997 by age cohort. As the figure shows, more than one in four Californians age 18-to-19 were enrolled in a community college in 1997. In 1977, one in five were enrolled. Enrollment among 20-to-24 year olds has increased similarly. In 1997, 16.1 percent of this group were enrolled in a community college, whereas 11.5 percent were enrolled in 1977.

     In its document California Community Colleges 2005 and in testimony before the Legislature, the community colleges cite falling participation rates in community colleges among adults as a serious problem. The historical data do not support this claim. The decline in adult participation can be explained by two factors:


  • First, the average age of adult Californians has increased over the past 20 years as baby boomers have aged, and older adults are much less likely to attend college than younger adults.

  • Second, the participation rates among older adults have declined, but not necessarily for "bad" reasons. As noted above, more than twice as many older adults have degrees today than they did in 1970. Adjusting for the aging of the adult population, the average participation rate among adult Californians has remained virtually constant over the past 20 years.
  •      California State University. As Figure 3 shows, participation rates among college-age adults have risen at CSU over the past 20 years. For 18-to-19 year olds, they have risen from 4.9 percent to 6.1 percent. For 20-to-24 year olds, they have risen from 6.1 percent to 6.6 percent. Comparing participation rate histories of the community colleges and CSU, it appears that enrollment frequently shift between the two segments. Particularly, since 1990, when participation rates of 18-to-19 year olds at CSU have fallen significantly, participation rates of this cohort at community colleges have tended to rise. Conversely, when CSU participation rates for this group have risen significantly, community college rates have tended to be flat. These shifts might have occurred for many reasons, including changes in the fee differential between the two segments.

         University of California. As Figure 4 shows, participation among college-age adults at UC has risen significantly during the past 20 years. For 18-to-19 year olds, participation rates have increased from 3.2 percent in 1977 to 5.3 percent in 1997, an increase of 64 percent over this 20 year period. This rate of increase is over twice that of community colleges and over three times that of CSU. The participation rate among 20-to-24 year olds has also grown faster at UC than at either CSU or the community colleges.

         Participation in Public Higher Education Not the Entire Story. The data shown and discussed above are for the three public segments of higher education only. They do not include enrollments in independent colleges and universities. For example, over 30 percent of students in four-year colleges in California are enrolled in independent colleges and universities. Many others attend public and private colleges and universities outside California. Unfortunately, data on enrollments by age of student are not available for all institutions.

         Growth in Participation Across All Racial and Ethnic Groups. College participation has trended upward for all racial and ethnic groups over time. As a result, increasingly more adults in all groups have obtained four or more years of college. Figure 5 shows the number of Californians 25 years old and older that have attended college for four or more years. (These U.S. Census Bureau data, up to 1993, show Californians 25 years old and older with four or more years of college, and after 1993, show those with at least a bachelors degree.) Although college experience has increased for each racial and ethnic group shown in Figure 5, there nevertheless remain significant differences in the level of participation among the groups.

    Conclusion

         As the data clearly show, college-going rates among 18-to-24 year olds has trended upward over time. While participation rates among older adults have trended downward, this reflects the state's success in prior years in providing college to its younger adults.

    ©1999 The Fresno Republican Newspaper.

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    Wednesday May 5, 1999

    Chinese Art of War
    A sly fox ends up in Los Alamos
    and the chickens come home to roost.

    By Kaye Grogan, Contributor

         WASHINGTON - What happens when a sly fox is in charge of "guarding" the Hen House? The sly fox ends up in the Los Alamos National Laboratories in New Mexico, when the chickens come home to roost and we learn that U.S. nuclear secrets have been nibbled away by China, through a transferral of more than 1,000 files. Later Wen Ho Lee, a Tiawan-born scientist accused of the "espionage" tried unsuccessfully to eradicate the incriminating data.
         Senator Orrin Hatch, Republican of Utah, stated that some of our most top secrets have been compromised. He added: It's very apparent we haven't taken counterintelligence measures or matters very seriously in this administration. He acknowledged that this type of "national security" threat had escalated dramatically in the last two, three, or four years.
         The possible arrest of Mr. Lee is pending. He'll have ample time to get out of dodge. There might even be a 747 waiting...along with a couple of million to tide him over, on a beautiful deserted island somewhere.
         By the time he gets the "payoffs" (if he's not already basking and wallowing around in the greenery) from about 12 countries (including Russia and India) for the delicate, yet deadly weapons formula, he should be set for life! Don't be too surprised if one day America is blown off of the map! Once destructive information is in the greedy hands of "warmongers" there's no "magic wand" to wipe away yesterday and start over.
         Senator Christopher Dodd, a Democrat from Connecticut, stated that if the allegations are true, this is "inexcusable" and some heads should roll. Looks like a lot of potential "bowling balls" in the house... hoping for anything but a "strikeout" at their expense! Back as far as November, senior administrative officials were given the report outlining the procedures used by China to penetrate computers in the weapons labs.
         This important data was handed over to Energy Secretary Bill Richardson, Defense Secretary William S. Cohen, Attorney General Janet Reno and National Security Advisor Samuel R. Berger. Evidently these people like to "sweep' the rug and then amass the dust underneath the rug!
         Governmental officials waited until March, four months later to search the computer of Wen Ho Lee. Mr. Lee was allowed to remain in his position for three years after the investigations started, without receiving any type of reprimand, while more deserving of a pink slip! He continued to have access to vital top secret codes and received his salary as if he was a top notch employee. How accommodating!
          Maybe it's time for another "governmental" refresher course or seminar to update those in government about the "fundamental basics" in governing effectively. Apparently many have grown "lax" in their responsibilities, especially in securing the "safety" of the American people.
         Now that the "cat is out of the bag" the "can of worms" is opened and the "self-destruct" button is only one step away from activation...who is going to return "national security" back to the United states? We can't count on "Superman" to fly in to save us, and all of the wishes have been used up by the "Genie" and President Bill Clinton appears to be too busy trying to save his own neck to help us! Besides he's passing the buck around to any and everyone he can find, but the buck stopped with him!
          So, it looks like America is "dangling" by a small thread...that's just about ready to snap and send everyone plummeting down the mountainside.

    ©1999 The Fresno Republican Newspaper.

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    Tuesday May 4, 1999

    Stadium Negotiations Suspended
    Diamond Group fails to produce financials.
    By Amy Williams, Assoc. Editor

         FRESNO - The Fresno Council ordered City staff to cease negotiations with the Fresno Diamond Group. Stopping short of official action, the Counc+ ildirected the Fresno City Attorney to "cease negitiations with the Diamond Group" after the Council had been kept waiting for two-weeks for the Diamond Group financials, and the Group failed to appear at the Council meeting today which lasted well over an hour.
         Fresno's Strong Mayor, Jim Patterson was in the audience. During the meeting Mr. Patterson spoke to the Council members and encouraged the Council to adopt the public ownership plan he signed some months ago. He also said a public vote is appropiate on such a project.
         Making matters worse, the City Council set today as the "drop-dead" date for the requested information and for further explanations as to why the Diamond Group wants a five-year waiting period in the proposed deal that would required the City to wait five years before a foreclosure action could be taken to court against the Diamond Group to get the City's money back.
         Instead of attending the Council meeting today, the Diamond Group had a "memo" delivered befor the start of the meeting advising the Council that if they had any questions, they could address them someplace else. The Diamond Group is not answering any questions, and couild not be reached for comment on the action by the City Council to cease any further negotiations.
          City Council member Garry Bredefeld told the audience he considered, "...the memo inadequate and insulting." Then members Dan Ronquillo and Henry Perea started a move to give the Diamond Group yet another chance to save the stadium deal by arguing that "...a reserve fund" would solve the foreclosure blockage. However, Ronquillo's thinking turned out to be as unpopular with the other Couincil members as was the absence of the Diamond Group and the meagre last-ditch motion was scuttled when Mr. Ronquillo's motion died with only one other weak supporters, Council member Tom Boyajian.
         Six of the Council members openly expressed disappointment with the current state of what has been loosely depicted as Fresno Diamond Group negotiations.
         City Attorney Hilda Cantú Montoy to meet with representatives of the insurance company, ACA Guaranty Financial Corp. of New York, and the Diamond Group this week one final time. Two troublesome details have emerged that appear to be deal killers. First, the bond insurer has moved to improve its protection from a possible default. The change would degrade the City of Fresno's foreclosure position. And, The ACA Guaranty now wants to block City Hall's foreclosure rights with five year waiting period after the Diamond Group defaults.
         Taxpayers have questioned the deal from the start owing to its reliance on a gift of $8.5 million in public funds to Diamond Group, a private for profit investment venture who would privately own the Downtown ballpark, thanks to the taxpayers of Fresno.

    ©1999 The Fresno Republican Newspaper.

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    Updated 0800
    Friday April 30, 1999

    Fresno makes list of
    U.S. cities in trouble

    High unemployment and high poverty rates.
    By Amy Williams, Staff Writer

         FRESNO -- According to the Clinton administration, Fresno tops the list of U.S. Cities having financial problems despite the robust national economy.
         The report, Places Left Behind in the New Economy, identified Fresno and 73 central cities that are ``doubly burdened'' with continued high unemployment and high poverty rates or long-running population loss or both.
         Housing and Urban Development Secretary Andrew Cuomo told reporters Wednesday, "The truth is, there are people and places in this country that are not enjoying that great American success..." and Fresno is at the top of that list.
         "I can tell you that the poverty, the despair, is just as bad as it has ever been. And the sense of hopelessness is just as bad as it has ever been...places in trouble such Fresno, Calif, Kankakee, Ill., Monroe, La., Lima, Ohio, Saginaw, Mich., and Laredo, Texas," he said.
         Mike Bayhi of the City of Fresno told The Fresno Republican Newspaper, "We found this to be an amazing report from HUD since Mr. Cuomo recently denied Fresno's application for an Empowerment in favor of several large cities with robust economies and low unemployment."
         Mr. Bayhi said, "The Empowerment Zone would have given Fresno $10 million dollars a year for ten years to engage in all sorts of aggressive economic development programs."
         Average poverty rates in all central cities -- 18.8 percent -- are twice those of suburban communities -- 9 percent -- but problems are spreading to nearby suburbs, the report said.
         The report noted that 116 cities lost more than 5 percent of their population between 1985 and 1996.
          The Department of Housing and Urban Development identified 74 cities Fresno and other Central Valley communities because of their high unemployment rates averaging more than 15% which is far above the 1998 national average of 4.5 percent. Additonal factors such as, continued population loss and high poverty rates were included. Other Valley communities designated as "in trouble" are Madera, Merced, Porterville, Salinas, Stockton, Tulare, and Visalia.
          The Clinton administration, and HUD have been criticized for selecting only cities for Empowerment Zone funding based upon selective political criteria.

    ©1999 The Fresno Republican Newspaper.

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    Fresno makes list of
    U.S. cities in trouble

    High unemployment and high poverty rates.
    By Amy Williams, Staff Writer

         FRESNO -- According to the Clinton administration, Fresno tops the list of U.S. Cities having financial problems despite the robust national economy.
         The report, Places Left Behind in the New Economy, identified Fresno and 73 central cities that are ``doubly burdened'' with continued high unemployment and high poverty rates or long-running population loss or both.
         Housing and Urban Development Secretary Andrew Cuomo told reporters Wednesday, "The truth is, there are people and places in this country that are not enjoying that great American success..." and Fresno is at the top of that list.
         "I can tell you that the poverty, the despair, is just as bad as it has ever been. And the sense of hopelessness is just as bad as it has ever been...places in trouble such Fresno, Calif, Kankakee, Ill., Monroe, La., Lima, Ohio, Saginaw, Mich., and Laredo, Texas," he said.
         Mike Bayhi of the City of Fresno told The Fresno Republican Newspaper, "We found this to be an amazing report from HUD since Mr. Cuomo recently denied Fresno's application for an Empowerment in favor of several large cities with robust economies and low unemployment."
         Mr. Bayhi said, "The Empowerment Zone would have given Fresno $10 million dollars a year for ten years to engage in all sorts of aggressive economic development programs."
         Average poverty rates in all central cities -- 18.8 percent -- are twice those of suburban communities -- 9 percent -- but problems are spreading to nearby suburbs, the report said.
         The report noted that 116 cities lost more than 5 percent of their population between 1985 and 1996.
          The Department of Housing and Urban Development identified 74 cities Fresno and other Central Valley communities because of their high unemployment rates averaging more than 15% which is far above the 1998 national average of 4.5 percent. Additonal factors such as, continued population loss and high poverty rates were included. Other Valley communities designated as "in trouble" are Madera, Merced, Porterville, Salinas, Stockton, Tulare, and Visalia.
          The Clinton administration, and HUD have been criticized for selecting only cities for Empowerment Zone funding based upon selective political criteria.

    ©1999 The Fresno Republican Newspaper.

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    Wednesday April 28, 1999

    School Board To Auction
    Off Empty Building

    Decision will restore $7.7 million borrowed from district general fund.
    By Nanette Asimov, Staff Writer

         SAN FRANCISCO - The San Francisco school board, facing at least a $10 million budget shortfall, voted unanimously last night to auction off a vacant building that had become a $7.7 million symbol of wasteful spending to some teachers and parents.
         ``Given the fiscal condition of the school district, selling the building is consistent with the overwhelming consensus of the community,'' said Frank Chong, chairman of the board's buildings and grounds committee.
         The decision means that the school board should be able to restore the hefty sum it borrowed from its general fund to buy the seven-story building at 333 Grant Ave. in November. The general fund is supposed to be used for academic programs, not school facilities.
         The building, to be auctioned June 18, has already drawn offers of more than $8 million from two potential buyers, said Superintendent Bill Rojas.
         Teachers union President Kent Mitchell reacted to the decision with relief, but could not contain his anger about the original purchase.
         ``What was so offensive is that the school district never was able to make any case that buying this building did anything good for children,'' he said. ``It was a total waste of money.''
         The vote at last night's meeting at Everett Middle School coincided with the board's first official announcement that it will accept Rojas' resignation sometime between June 30 and July 31.
          Neither Rojas nor any board members had any other comment about the superintendent's decision to become superintendent of the Dallas Public Schools. There also was not discussion of a search for a replacement.
         Rojas has been San Francisco's schools chief for seven years.
         One teacher called for Deputy Superintendent Linda Davis to be named as the interim superintendent. He called the veteran administrator ``a person of ability, compassion and great integrity.''
         Rojas' support on the board dwindled to a slim majority after the election last November, reflecting a growing dissatisfaction among parents with the district's leadership.
          But it was the 91-year-old Pacific Bell building that had been at the center of a debate as annoyed parents and teachers questioned why the board spent $7.7 million to buy it. They had flooded the school board with calls and e-mails urging its sale.
         One thing about the purchase was clear: Board members did not know when they voted 5 to 2 to buy the building that the money for it would come from the district's general fund.
         Rojas had said the money would not come from the general fund, but he did not say where it would come from.
         Last night, several speakers reminded the board that its financial difficulties meant cutting good programs, long-delayed building repairs and other broken promises.
         Meanwhile, a bill that would help the district close its budget gap -- Assembly Bill 36 by San Francisco Democrat Kevin Shelley -- has been referred to the Senate Education Committee. It would reimburse 14 school districts around the state for past desegregation expenditures, including $12.7 million for San Francisco.
         The bill exists because Rojas spent the winter lobbying for it in Sacramento. But state lawmakers, teachers, parents and other budget- watchers criticized the superintendent for including the money in the school budget this year with no guarantee of reimbursement.
         San Francisco was the only district in the state to do so. As of yesterday, no date had been set for the bill to be heard.

    ©1999 San Francisco Chronicle

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    Wednesday April 21, 1999

    Teachers' Education
    At Issue

    Certification vs. Knowledge
    By Edward Anderson, Education Writer

         FRESNO - If Fresno schools aren't producing satisfactory results, then, this problem is not likely to be solved until classrooms all over California and the rest of America are filled with teachers who are well educated experts in the subjects taught.
         The Daily Republican Newspaper editors have obtained from the U.S. office of Education, a surprisingly simple yet, workable plan to achieve renewal. The good news is that America is beginning to adopt a powerful, commonsense strategy for school reform. It is the same approach that almost every successful modern enterprise has adopted to boost performance and productivity: set high standards for results to be achieved, identify clear indicators to measure progress towards those results, and be flexible and pluralistic about the means for reaching those results. This strategy in education is sometimes called "standards and accountability." It is a fundamental aspect of the charter school movement, and it undergirds many versions of "systemic reform" as well.
         The old news is that states and policymakers have turned away from commonsense when trying to increase the pool of well-qualified teachers. Instead of encouraging a results oriented approach, many states and policymakers are demanding ever more regulation of inputs and processes. Other modern organizations have recognized that regulation of inputs and processes is ineffectual and often destructive. There is no reason to believe that it will be anything other than ineffectual as a strategy for addressing the teacher quality problem.
         So, the regulatory strategy being pursued today to boost teacher quality is seriously flawed. Every additional requirement for prospective teachers, every additional pedagogical course, every new hoop or hurdle has predictable consequences, They will limit the potential supply of teachers by narrowing the pipeline while having no bearing whatever on the quality or effectiveness of those in the pipeline.
         The regulatory approach is also bound, over time, to undermine the standards and accountability strategy for improving schools and raising student achievement.
         It is a more reasoned approach, if, instead of requiring a long list of courses and degrees, future teachers are evaluated for the content and extent of discrete knowledge and related information processing skills. School principals would be free to hire the teachers they need who can demonstrate the content of the their knowledge and communication skill needed. In this way, focus may be placed student learning, finally. Such a strategy will produce a larger supply of able teachers and will tie judgments about their fitness and performance to success in the classroom, not to process or impression.
         Better quality teachers are needed. Recent studies in Tennessee, Boston, and Dallas, inter alia, find dramatic differences between the performance of children who are assigned to teachers who are experts in the subject mater taught. School reform will likely falter unless teachers with the knowledge and skills to help students meet high academic standards are hired.
         It is not surprising that many of our present teachers are unready to meet these challenges. According to a recent survey, only one in five teachers even feels thety are well prepared to teach to high standards. The head of Teachers College acknowledges that "The nation has too many weak education schools, with teachers, students and curriculums that are not up to the task at hand." Children who face high-stakes tests for promotion and graduation need instructors with complete knowledge and artful communication skills than ever before.
         More than two millions of new teachers will be hired in the next decade. Yet our present system for recruiting, preparing and deploying them is not up to the task. We are not attracting enough of the best and the brightest to teaching, and not retaining enough of the best of those we do attract. A third of U.S. teachers report that their schools have difficulty keeping the good teachers who quickly move on to jobs in the private sector.
         A shocking failing of our present arrangement is the many teachers who lack adequate preparation in the very subjects they are assigned to teach. Most public school teachers are certificated by their states, extensive college-level study majoring in various teaching specialties such as Elementary Education for grade school teachers and Social Science for high school teachers seems to be popular for
         Worse still, is the practice in Fresno schools for high school teachers to be assigned to courses outside their main teaching field due to shortages of teachers with expert knowledge in advanced subjects such as math and science, or because some schools such as those in the inner city which have higher teacher turnover.
         Education Secretary, Richard Riley, told reporters, this week, "Foreign education ministers who visit me are just stumped when I try to explain this practice."
         One major concern with present standards for teachers is that more than half of U.S. History teachers have neither majors nor minors in U. S. History. More than half of the students in Physics classes meet with a teacher who has neither a major nor minor in Physical Science. Children attending school in poor and urban areas are least likely to find any teachers who ever engaged in the study of the subject matter taught.
         Today's regulatory approach to entry into teaching compounds these problems. Because it places low priority on deep subject matter mastery and heavy emphasis on the things that colleges of education specialize in, many teachers get certified without having mastered the content that they are expected
         For at least a generation or so, the dpredominant approach to state regulation of entry into the profession has been one of dereliction of duty. Yet, in every state in the nation a license and payment of a license fee are requitred to teach in public schools. However, to obtain that license, an applicant is required to have completed a state teacher education program which imposes lengthy requirements for the completion of coursework at an approved state approved School of Education. heir students are commonly required to complete a set number of courses in state law, theory, child development, the foundations of education; multiculturalism and diversity.
         Most states do not require a minimum college grade point average for entry into the program and many do not even require prospective teachers to pass standardized tests of reading, writing and math skills. It is also common, at some point in the process, to test for knowledge of teaching techniques or of knowledge of the subject in which they will be certified, if any.
         Almost all states require supervised student teaching, which serves as a sortof final screening device to weed out the most emotionally unstable teacher candidates. graduation from Schools of education in California.
         These questionable practices predictably contributes a teacher pool that is fully credentialed in how to teach but sadly lacking in knopwledge of any signifigant knowledge worth passing on the students they are expected to teach. The regulatory strategy will intensify these trends.
         In response to widening concern about teacher quality, most states are tightening their regulatory grip, making it nearly impossible for a person with subject matter knowledge to enter teaching by piling on more regulations for certification.
         Now, some very prestigious education groups such as the National Commission on Teaching and America's Future are attempting to "professionalize" teacher preparation by raising admissions criteria for training programs and ensuring that these programs are all accredited by the National Council for the Accreditation of Teacher Education (NCATE). That organization is currently toughening its own standards to make accredited programs longer, more demanding, and more focused on touchy-feelie education ideas and social and political concerns.graduation from Schools of education in California.
         Those activities seem to be centralizing and standardizing the regulatory licensure process even more centrally. These moves would shift authority away from local school boards and state agencies to professional education organizations and standards committees.
         The regulatory route is public education's traditional solution. Even business groups proposing to improve the quality of teaching are, ironically, offering suggestions that partake of the regulatory policy model. Many vested interests in Fresno and eleswhere are, more than likely, served and established routines are enhanced by more government regulation.
         The regulatory strategy that California and other states followed for a generation and more, has failed. The unfortunate results are obvious: able liberal arts graduates avoid teaching, those who endure the process of acquiring pedagogical degrees refer to them as "Mickey Mouse" programs, and over time the problems of supply and quality have been exacerbated. When a strategy fails, it does not make much sense to do the same thing with redoubled effort. Yet that is what many states are now doing.graduation from Schools of education in California.
         The present system does not even do a good job of screening out ill-prepared candidates. While some states have exit exams that appraise the skills, knowledge and competence of fledgling teachers, in many others, "quality control" occurs only at the point of entry into a training program, and entry requirements are low. In a state with no exit exam, completing the list of prescribed courses and earning the requisite degree are all that's needed to get one's teaching certificate. Though many jurisdictions now require future high school instructors to have majored (or minored) in the subjects that they plan to teach, the content and rigor of their course work are left entirely to the colleges.
         Where there are exit exams, these often represent a modest intellectual threshold. Tests given to teaching candidates are commonly pitched at so undemanding a level-and their passing scores are so low-that they do little to deter individuals with limited intellectual prowess and scant subject matter knowledge. In Pennsylvania, for instance, passing scores were for many years set so that about 95 percent of everyone taking the tests passed them. Local school boards could then hire whomever they prefer, generally, for reasons quite unrelated to their mastery of subject matter.
         What makes state regulation of entry into teaching dysfunctional is its self-defeating emphasis on time spent sitting in classes and rather than upon demonstrable evidence of teaching prowess, particularly as gauged by measurable student achievement. So, instead, it amounts to subjective opinions of other teachers and professors assosiated with a state regulated School of Education.
         Public school teachers should be evaluated based on the only measure that really matters, whether their pupils are learning.
          William Sanders of the University of Tennessee has developed a technique that uses careful statistical analysis to identify the gains that students make during a school year and then estimates the effects of individual teachers on student progress.
         His technique is extremely precise and its results are statistically powerful. Originally used only in Tennessee but now spreading to other states, the technique has proven to be a powerful tool for evaluating teachers. Sanders writes,"...the top 20 percent of teachers boost the scores of low-achieving pupils by 53 percentile points on average, whilen the bottom 20 percent of teachers produce gains of only 14 percentile points."
         Researchers in Dallas and Boston have found the same link: good teachers significantly boost student achievement, even for the weakest pupils.
         Despite these drmatic research findings, too few states focus their teacher quality strategies on results. The instruments that states are far more likely to use in assessing teaching candidates are seriously flawed approximations of how good a teacher one will be. This is an illusion.
         The regulatory strategy assumes that good teaching rests on a solid foundation of specialized professional knowledge about teaching practices that is scientifically based on educational research. In reality, however, much of that so-called knowledge base is shaky and conflicted. There is no known reliable link between pedagogical training and classroom success, however.
         Making maters still worse, what little we actually do know about how those who have been certificated and who finally land a teaching job is quite troubling. There is accumulating evidence that local school boards show little interest in hiring the most academically qualified applicants.25 Districts often eschew professional recruiting and screening practices. Instead, they frequently prefer to hire their own high school graduates after they have become certified in a local education program, a practice which has been found to contribute to lower students scores on competency and achievement tests.
          Personnel decisions for public schools are made by central office bureaucrats according to strict turf rules. Assignments are often based on so-called seniority. Rigid salary schedules mean that teacher pay reflects years of experience and degrees earned rather than any measure of performance, and salaries bear no relationship to marketplace conditions in the teaching field. There are few tangible rewards for good teaching.
         We found that quality control focuses on the point of entry, and on-the-job teachers are protected by powerful political interests. There are fewer sanctions for incompetent teachers. Hiring and tenure decisions are often disconnected from any clear vision of quality teaching.
         So, Secretary Riley said in February, "We can no longer fiddle around the edges of how we recruit, prepare, retain, and reward America's teachers."
          If that is the case, then, it is high time to consider radically different public policies to boost the quality of teaching in U.S. schools. In the remainder of this paper, we advance a fresh view of how Fresno schools and those of America can acquire more and better teachers in the years ahead.
         The teaching profession should be deregulated, entry into it should be widened, and personnel decisions should be decentralized to the school level, the teacher's actual workplace. Freeing up those decisions only makes sense, however, when schools are held accountable for their performance--truly accountable, with real consequences for success and failure. The proper incentives are created by results-based accountability systems in which states independently measure pupil achievement, issue public report cards on schools, reward successful schools, and intervene in or use sanctions against failing schools. In private schools today-and in most charter school programs-schools are held accountable by the marketplace while hiring decisions are made at the building level. Public schools, too, should be accountable in this manner.
         For principals (or other education leaders) to manage their personnel in such a way as to shoulder accountability for school results, they must not only be free to select from a wide range of candidates, they must also have the flexibility to compensate those they hire according to marketplace conditions (and individual performance), and they must be able to remove those who do not produce satisfactory results. Everyone who has studied effective schools attests to the central importance of a cohesive "school team" that shares a common vision, and almost everyone who has studied current teacher personnel systems has witnessed the danger of tying that school team's hands when it comes to deciding who will join (or remain in) it.
         Common sense also argues that teachers of subjects in short supply should be paid more than those in fields that are amply supplied, that teachers working in hard-to-staff schools should be paid more than those working in schools with hundreds of applicants for teaching slots, and that outstanding teachers should be paid more than mediocre ones. Yet today, the typical public school salary schedule (and teachers' union contract) allows for none of these commonsense practices.
         There will soon be a day when great teachers, teachers in scarce fields, and teachers who shoulder difficult challenges, are paid six-figure salaries. But this is not apt to happen so long as mediocre practitioners and superb instructors are harnessed to the same pay scale.
         As for the occasional incompetent teacher, the more freedom a school has in initial hiring, the more flexibility it needs with respect to retention. That's common sense, too. Yet today's school systems typically award tenure after a few years of service; thereafter, teachers are almost never dismissed for ineffectiveness. While teachers should be protected from abusive and capricious treatment at the hands of principals, they cannot be protected from losing their jobs for cause. Union contracts often allow veteran teachers to transfer into a school regardless of their instructional prowess, the school's actual needs, or their impact on the school team. Such policies will need to be changed so that principals can be empowered and made accountable.
         School-level managers are in the best position to know who teaches well and who teaches badly. They have access to far more significant information than state licensing boards and government agencies. They should be empowered (and if need be trained) to appraise each teacher's singular package of strengths and weaknesses rather than having distant bureaucracies decide who should be on their team. Once hired, teachers should be evaluated based on the only measure that really matters: whether their pupils are learning.
         The common sense view acknowledges that there is no "one best system" for preparing and licensing quality teachers. A review of the research on the teacher qualities that affect student outcomes is humbling; lamentably little is known for sure about what makes an effective teacher, when gauged by pupil achievement. This argues against mandating any single path into the profession; education schools certainly ought not monopolize the training of teachers. In any case, teachers regularly report that the best place to learn about good teaching practices is on the job and in the company of other good teachers.
         In a deregulated environment, good teacher education programs will thrive and prosper. Those that do a poor job will not, once they lose the protection that the regulatory monopoly confers on them. Principals should be able to decide for themselves whether to hire teachers who have been trained in certain pedagogical methods and theories.
         The popularity of such programs as Teach for America, which places liberal arts graduates without formal education course work in public school classrooms in poor rural communities and inner cities, indicates that the prospect of teaching without first being obliged to spend years in pedagogical study appeals to some of our brightest college graduates. Over 3,000 people apply for 500 Teach for America slots each year. Since 1994, more than 3,000 veterans of the armed forces have also made the transition from military to classrooms through the Troops to Teachers program.
         Alternative certification programs streamline the classroom entry of more prospective teachers. Such programs normally require a bachelor's degree, passage of a competency test, and an intensive (but compressed) regimen of specialized preparation, often undertaken while on the job. They attract talented and enthusiastic individuals into teaching who might otherwise be lost to this calling. Teachers with alternative certification are more likely to have bachelor's degrees in math and science, two fields with chronic shortages of qualified teachers. They are also more likely to be members of minority groups.
         Where personnel decisions have been deregulated, schools rush to hire well-educated persons whether or not they possess standard certification. Private schools routinely employ unlicensed instructors, which tends to increase the proportion of their teachers who graduated from selective colleges and gained academic training.
         In New Jersey, for example, the first state to implement a serious alternative certification program, from 23 to 40 percent of teachers now enter the profession through that route.
         The few studies of alternative certification that have been done find that students of such teachers perform at least as well as students of conventionally licensed teachers. In New Jersey, alternative-certification teachers also have lower attrition than traditionally certified teachers during their first year and are as likely to stay in the field over time.
         Trading accountability for autonomy does not mean sloughing off all regulation. Every child should be able to count on having a teacher who has a solid general education, who possesses deep subject area knowledge, and who has no record of misbehavior. The state has an obligation to ensure that all prospective teachers meet this minimal standard. Thus states should perform background checks on candidates for teaching positions. To boost the likelihood that those who teach our children are themselves well educated, states should require that teaching candidates have at least a bachelor's degree in some academic subject.
         States should also ensure subject matter competence. There are two ways to do this: requiring teachers to major in the subjects they teach or requiring them to pass challenging tests of subject matter knowledge. Neither method is perfect. Obliging all teachers to major in the subject they will teach may-regrettably-set the bar too low. At some universities, one can graduate as a history major without learning much of the history we'd expect a high school history teacher to have mastered. The same is true of other academic majors. And a minor is unlikely to reflect any subject mastery. On the other hand, a prospective teacher who graduates in, say, American studies may have learned ample history or literature to be an outstanding history or English teacher, even though his diploma doesn't actually say "history" or "English".
         Such variation in college majors tempts us to embrace testing as a more reliable measure of preparedness to teach. The value of any test, however, hinges on its content, rigor and passing score. Our instinct is to set those cut-offs as high as possible. But since tests are an imperfect gauge of teaching ability, some applicants will fail the test yet possess superior teaching potential. We all know individuals whose other qualities would cause them to be effective with children even if they do poorly on a paper-and-pencil test of knowledge. That is why we are wary of putting all the education eggs in the testing basket or making a certain fixed score an absolute prerequisite to being hired.
         Neither academic majors nor subject test scores is a faultless means of assuring that teachers possess the requisite knowledge and will be good at delivering it. But either strategy is superior to today's widespread disregard of subject-matter mastery.
         The common sense strategy for improving teacher quality is surprisingly straightforward: states should empower principals to employ teachers as they see fit, and then hold those principals to account for their schools' results. Since every regulation that restricts entry to the profession excludes some potentially good teachers from public education, regulation should be reduced to the bare minimum.
         States should have accountability systems operating at the student, classroom, and building levels. School-level accountability involves measuring pupil achievement and issuing report cards for schools. Such information should be disseminated to students, parents and the public. States should reward successful schools and should have-and use-the authority to reconstitute or otherwise intervene in failing schools. They may also institute market-based accountability via various forms of school choice. States must also define the role that school districts will play in these accountability systems.
         Principals need accountability, too. Their jobs and salaries ought to be tied to their schools' performance. But they need the information by which to hold their faculty and staff accountable. The state can help by providing student achievement data, disaggregated by teacher, like those generated by the value-added system that Sanders developed for Tennessee.
         States should empower school-level administrators with the authority to make personnel decisions.
         Authority must accompany accountability. All key personnel decisions (including hiring, promotion, retention, and compensation) should be devolved to schools. Quality control should be the responsibility of school leaders, who have freedom to hire from a wide pool of teaching candidates and pay teachers based on marketplace conditions or individual performance. States should pass whatever legislation is needed to assign all these decisions to the school level.
         Teacher tenure ought not be allowed to interfere. Multi-year contracts are far preferable. It must be possible to remove incompetent teachers at reasonable cost and within a reasonable period of time, without sacrificing their right to due process protection against capricious and ad hominem treatment.
         States should encourage differential pay so that schools can pay outstanding teachers more. It should also be possible to adjust teacher pay for labor market conditions, subject specialty, and the challenge of working in tough schools. A flexible salary structure would allow paychecks to respond to marketplace signals while creating financial incentives for excellent teaching and practical sanctions for poor teaching.
         To work well, this system obviously requires capable principals, education leaders who know how to judge good teaching and are prepared to act on the basis of such evaluations. We're not naïve about the supply of such people in management positions in public education today. But they exist in large numbers in U.S. society and can be drawn into the schools if the incentives are right. Executive training for some current principals will also help them handle this difficult evolution of their role.
         States should perform background checks for all teaching candidates and require prospective teachers to have a bachelor's degree in an academic field. They should also ensure that new teachers are adequately grounded in the subject matter they are expected to teach, either by requiring that they major in the subject(s) that they will teach or by mandating rigorous subject matter examinations. (They may be wise to use both mechanisms and also let principals make exceptions when other compelling evidence is at hand.)
         States should open more paths into the classroom, encourage diversity and choice among forms of preparation for teaching, and welcome into the profession a larger pool of talented and well-educated people who would like to teach.
         Policymakers should take forceful action to eliminate monopoly control and challenge "one best system" attitudes toward teacher preparation. Traditional training programs should be closely scrutinized for their length, cost, burden and value. Is a two year time commitment really necessary, for example? States should publish detailed factual information about individual programs and their graduates, data that outsiders can use to evaluate their effectiveness. Information about the effectiveness of recent graduates (as measured by the value-added achievement scores of their pupils) should be made public; until this is available, institution-specific data should include the placement rate of graduates and the percentage of graduates passing state teacher tests. (Some of this information was mandated by the Higher Education Amendments of 1998.)
         States should expand the pool of talented teaching candidates by allowing individuals who have not attended schools of education to teach, provided that they meet the minimum standards outlined above. States should encourage programs that provide compressed basic training for prospective teachers. States should also attract outstanding college graduates to the profession by using financial incentives such as scholarships, loan forgiveness programs and signing bonuses.
         For too long, policymakers have focused overmuch on training teachers and not enough on recruiting them. They have tackled the quality problem by increasing regulation and expanding pedagogical requirements, even though this approach shrinks the pool of candidates while having scant effect on their quality. Forty years of experience suggests that this strategy is a failure. It cannot work. Indeed, it has compounded today's dual crisis of teacher quality and quantity.
         We offer something different. States that reduce barriers to entry will find not only that their applicant pool is larger but also that it includes many more talented candidates. Turning our back on excessive and ill-conceived regulations and focussing instead on student outcomes is the key. To attract and keep the best teachers, states must also be willing to pay strong teachers well-and to muster the necessary resources to do this.
         Raising the quality of the U.S. teaching force is an urgent priority today and some policymakers have begun to signal their receptivity to change. In his February 1999 State of American Education speech, for example, Secretary Riley proclaimed, "We must make sweeping efforts to make teaching a first-class profession. And, then, we must hold schools accountable for results.....What else can we do? We can create rigorous alternative paths to give many more Americans the opportunity to become a teacher."
          We agree.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Monday, April 19, 1999

    Clinton Sanction Likely
    Ethics referrals by judges take fast track.
    By Karen Alexander

          LEGAL TIMES - Bill Clinton is not likely to practice law in Arkansas after he leaves office. But last week's contempt citation by U.S. District Judge Susan Webber Wright opens up the possibility that Clinton will face the sting of disbarment or suspension from his home state's bar, the only one to which he is admitted.
         That result would be, to say the least, embarrassing for a president who emerged from the impeachment battle unpunished, but still faces legal fallout from what many see as his false and misleading statements under oath in the Paula Jones case.
         Wright, who referred her order to the Arkansas Bar for possible action against Clinton, limited her findings to Clinton's sworn statements concerning whether he and Monica Lewinsky had ever been alone together, and whether he had ever engaged in sexual relations with Lewinsky.
         "The record demonstrates by clear and convincing evidence that the President responded by giving false, misleading and evasive answers that were designed to obstruct the judicial process," the judge found.
         Clinton now faces possible sanction by the Arkansas Supreme Court Committee on Professional Conduct. The committee -- a group of seven Arkansas citizens, two of them nonlawyers -- has the power to reprimand, suspend, or disbar attorneys who violate legal ethics rules. The range of possible sanctions also includes a confidential warning.
         Robert Bennett, Clinton's private attorney in the Paula Jones case, did not respond to a phone call requesting comment on the possibility that Clinton could face discipline by the Arkansas bar.
         Ethics experts in Arkansas and elsewhere say they believe that with Wright's ruling, bar authorities are almost certain to take some disciplinary action against Clinton. They disagree, however, on the severity of the possible sanction.
         "Not every civil sanction by a judge would automatically trigger scrutiny [by the bar]. But if it's an allegation of false testimony, it's certainly going to get looked at," says Michael Oths, president of the National Organization of Bar Counsel and the bar counsel for the state of Idaho.
         Stephen Gillers, a professor of legal ethics at the New York University School of Law, says that the conduct "demands discipline."
         "I believe that any other lawyer in this circumstance would face [suspension] for at least a year or two," Gillers says.
         If he were weighing the case, Gillers says he would consider it an aggravating circumstance that Clinton is the president: "He has to set an example, and what the court does in this case will set an example."
         Yet Gillers adds, "I think it's a mitigating circumstance that the Jones litigation was politically motivated and funded . . . and that the president's motives -- protecting his privacy, his family, and Lewinsky's privacy -- were benign."
          Howard Brill, author of a book on Arkansas professional and judicial ethics, thinks the committee will not likely suspend or revoke Clinton's license to practice law.
         Brill, a law professor at the University of Arkansas in Fayetteville, has tracked and indexed for more than a decade all public cases of attorney discipline in the state. He knows of no other case in which an attorney was sanctioned by the bar because he or she had been held in civil contempt as a litigant.
         In cases in which attorneys have been charged with making false statements, Brill says, suspension or disbarment has been fairly common if the misrepresentations were made in connection with some other offense, such as taking a client's money.
          "If the false statements are [considered] by themselves, the sanction has been some kind of public discipline short of suspension or disbarment," he says.
         As in most states, attorneys in Arkansas are subject to discipline for misconduct even if it is committed outside their capacity as lawyers. An Arkansas ethics rule, based on the American Bar Association's model rules of conduct, prohibits behavior involving dishonesty, fraud, deceit, or misrepresentation -- a rule that many ethics experts point to in discussing Clinton's ethical predicament.
         Wright's referral is the fourth publicly known complaint that has been sent to the ethics committee regarding Clinton's conduct, according to John DiPippa, a professor at the University of Arkansas at Little Rock Law School who specializes in legal ethics. But while the other complaints have come from political groups or private citizens, DiPippa says that Wright's citation carries substantially more weight.
         "Judge Wright's referral is different. Not only because it comes from a judge, but it also comes from a finding of fact. She's got a record in which she holds the president lied. In a practical sense, she's already done their preliminary investigation for them," DiPippa says.
         In Arkansas, when allegations about attorney misconduct come from sources outside the judicial system, they are subject to a preliminary inquiry, and the committee may determine that there is insufficient reason to pursue a full investigation, says James Neal, executive director of the Arkansas Committee on Professional Conduct. But when a referral comes from a judge, the conduct in question goes "directly to adjudication," Neal says.
          After the committee conducts a thorough investigation, the accused attorney is presented with charges and may respond within 20 days. Out-of-state lawyers, like Clinton, have 30 days to respond.
          The committee's work is considered confidential unless a public sanction is ordered. So while Neal was willing to discuss general rules and procedures, he would not comment directly on Clinton's case.
          Morgan Welch, an attorney in Little Rock, has both prosecuted attorney ethics cases as outside counsel to the committee and defended attorneys who faced the committee's wrath.
         While Welch can't think of another time when an attorney was held in contempt for behavior as a litigant in a civil case, he says he would not be surprised if Clinton became an exception. "Most times, you don't have a federal judge sitting there, you're not doing it on television, and you're not the president of the United States," he says.
         Perhaps Clinton will find that a bar investigation is unavoidable. But there may still be a way out. When Richard Nixon faced disbarment in New York and California, he tried to resign his bar membership first. California agreed, but New York insisted on a thorough ethics review before he was officially disbarred.
          Neal says that in Arkansas, attorneys are allowed to resign their bar membership voluntarily rather than face discipline.

         Copyright ©1999 NLP IP Company. All rights reserved.

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    Monday, April 19, 1999

    Jury Nullification
    Hurting Legal System

    By Kaye Grogan, Contributor

          WASHINGTON - All over this country jury nullification is taking precedent above getting at the central core of justice. The jury foreman stated that the prosecutors appeared arrogant, in the Susan McDougal "obstruction of justice" trial. What does that have to do with anything?
          Who said the prosecutors are there to win a "popularity contest" or to be nominated for most "congenial" award? They are there to present the facts as gathered, to be judged by the jury.
          Maybe it's time to come up with an alternative to sitting jurors. Apparently the existing legal system needs to be overhauled and some kinks eradicated.
          Who knows, someone may let a "real" criminal go free because they don't like the tie the prosecutor has on or maybe the sound of his voice may be agitating. The jury is there in "place" to make a decision of whether or not the defendant is guilty of the crime he is accused of committing or not guilty, pure and simple.
          We witnessed first hand what jury or is it "senate" nullification is. Many were not seeking justice in the " Impeachment" trial. Well let's call it what it was... a CIRCUS! Had things went as they should have...the United States may not be threatened with a horrible nuclear war at their backdoor.
          Sometimes many do not know what to do with power! All it takes is for one deranged person to push the atomic bomb button. They will be laughing just like the soldier who plowed his truck into the barracks of American soldiers with an evil gleam in his eyes, and blew himself and most of the occupants to Kingdom Come!
          Barbaric countries cannot be turned into a "humane" society after two days of bombing. Whoever came up with that notion was misled or daydreaming or visiting from another planet!
          If the country keeps up this jury nullification and the "good old boys" attitude prevails, instead of justice, this country will be as "barbaric" as Kosovo and Yugoslavia. It's already arrived to such lawless extremes one has to put so many locks on their doors that it takes them about 10 minutes to unlatched the bolts to get out of their own house! How is America supposed to stop atrocities such as murder and rape, etc, in other countries, when they can't even control it on their own soil? The President has avoided addressing the allegations of rape brought forth in the news media, against him, by Juanita Broaddrick.
          Granted some police brutality may exist. But who can blame an officer for pulling his gun and shooting when a suspect reaches to go into his pocket? Policemen do not have x-ray eyes...at least not yet. It's easy to make judgements when one is not directly involved in a situation where their life may be endangered.
          If the bashing of law enforcement officers keeps rising to the intolerable level it has already scaled, many who want to become police officers may opt for a different career. We're already getting to the point of forcing people back into the military by drafting them. What has caused this low morale? The best source for the answers is to ask them directly.
          It was obvious jury nullification was bursting at the seams in the OJ Simpson trial. Few people learn from their mistakes. The question on a lot of peoples' mind is: Will Kenneth Starr have the nerve to re-indict Susan McDougal? Her lawyer boasted on Geraldo's show that Kenneth Starr didn't have the nerve to go after his client again!
          I wonder what movie he's been watching? Ken Starr's batteries's just keep on going...and going... with no running down, at least not in this lifetime.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Wednesday, April 14, 1999

    Students Learning Sad Lessons
    About Teaching's Prestige

    By Christine Baron, Contributor

          LOS ANGELES - A colleague of mine at the high school where I teach died a few weeks ago. These are the kinds of reactions the students had to this loss: "He was our reason for coming to school." "This man was like a second father to me." "Here was a teacher who changed my life."
         There were hundreds of comments like this. Could a CEO, a computer programmer or a stockbroker elicit this kind of adoration? Maybe so, but a teacher is in a unique position to exert a profound influence on countless young people at a critical time in their lives. My friend's death was a stunning reminder of the power a teacher can have.
         With the potential for this much influence, teaching should be one job that attracts bright, dynamic people. I always ask my best students how many of them plan to become teachers. A decent number of hands always go up. Maybe not as many as in years past, but enough to feel assured that the profession is secure. This year, though, for the first time, not one hand went up.
         Perhaps I should have seen this coming, but I didn't. The students I asked are kids who basically respect teachers and get along with them. They recognize good instruction and they take full loads in good colleges.
         But none of them want to do the same for another generation of kids. Before we write them off as selfish ingrates, it's eye-opening to hear their reasoning.
         First of all, they don't see the profession as a logical conclusion to a university education. Getting into a good college is tougher and more expensive than ever. The results of all this, they feel, should reflect all that effort: a dazzling job with prestige and status.
          Teaching doesn't cut it when it comes to these qualities. How can that be, I asked them. Shouldn't such an important job deserve both status and prestige? Yes, almost every student admits, but society has decided otherwise. They gently pointed out that status is determined by how much the job or profession is valued. Or in other words, what it pays. It's not the money per se that matters, they assure me. It's the prestige that money implies.
          Second, students have been front-row spectators to what has happened to so many of our schools. Over the years, these same kids have been squeezed into larger and larger classes with more unruly peers. They have experienced more roof leaks, torn textbooks and dirty bathrooms. They have seen more money go for security and less go to the arts.
         Third, no one is encouraging today's young people to become teachers. Not their parents, not their friends and, most disturbing, not even teachers themselves.
         Once again, it is easy to criticize until we examine the reasons for this reluctance. Although most of these adults went into education with high hopes, they found the profession no longer offers the same kind of fulfillment it once did. They have watched old college buddies in other careers, with no better grades and no more training, pass them by professionally.
          No wonder so many up-and-coming kids are now told that there are options out there far better than teaching. When one girl in my class confided to her elementary school teacher that her dream was to teach some day, the teacher responded, "No, no, you're far too smart to settle for that!"
         My student teacher admitted that her family was disappointed she had decided to become "just a teacher." A recent graduate considered becoming a high school social studies instructor after he left Harvard, but his father soon set him straight: "I didn't send you to an Ivy League college to become a teacher!"
         My students tell me I shouldn't worry about how many of them are going into education. As long as they're doing something useful, be it medicine, law or business, it doesn't really matter.
         I disagree. They clearly are not considering the next generation. One of my current students, Christopher, has an outstanding calculus teacher, but will Christopher Jr.? The girl who sits next to him, Sarah, loves her physiology class, but won't Sarah's daughter deserve a great science opportunity, too? If some of this current crop of bright, capable students don't choose a career in education, who is going to teach their children?
         Will the next crop of students have a teacher who is smart, passionate and inspirational? Or will they face a mediocre crop of instructors? It is vital that this profoundly important profession offers the working conditions, the respect and the pay to attract the kind of people we want to teach our children.
          And why not have a Harvard grad teaching 11th-grade U.S. history?
         [Christine Baron is a public high school English teacher in Orange County, California.]

    Copyright © 1999 The Daily Republican Newspaper Co. All rights reserved.

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    Monday, April 12, 1999

    Electronic Books & Journals
    Coming soon to your university e-library.
    By Amy Williams, Assoc Editor

          FRESNO - The Web Portal Inc. group, a Palo Alto based group of Internet entrepreneurs, is promoting an ambitious commercial venture to provide digital e-books and scholarly research journals and related publications to university libraries via the Internet.
         Many librarians and college textbook publishers say it is the most promising digital e-books concept they have seen.
         Through Web Portal's Internet library of e-books and e-journals, any university library will be able to subscribe to an electronic version for about 10% of the retail hard-copy purchase price and subscription version. At any time of day or night, a library user can check out the digital book or journal by downloading it in a special format that can be read only by proprietary software produced by the Web Portal group. There is an intranet stand-alone version which runs only on proprietry pc's using the Windows operating system. In this way the material can be read off line.
         The stand-alone version will allow a library user to annotate the e-book and e-journal, but not permit full print outs.
         The full texts of all of Web Portal's e-books and e-journals will be searchable, and the Web Portal plans to add supplemental content, such as an e-dictionary in the e-books and e-journal files. University libraries are presently road-testing the e-text concept through another user service called netLibrary. It offers users limited access to online digital e-books through the internet at netLibrary.com.
         The concept is curently in development and testing about 2,000 books, including annotations from scholarly journals in the off-campus Bulldog Newspaper at Fresno State University. Web Portal Inc. says it is negotiating agreements with anumber of academic publishers to distribute e-texts. Thomas Hobbs, CEO at the privately held Web Portal, Inc. group told reporters today, "We feel that e-text on demand has a great audience in college and university libraries."
          Mr. Hobbs says book and journal publishers enthusiastically support research and design of theWeb Portal Inc. group. One reason may be that the Web Portal design permits universities the freedom of making joint purchases of subscriptions to e-books & e-journals, which then can be used by patrons of any of the libraries in the user group.
          The Web Portal archive system guards against misuse of e-books & e-journals to assure that materials are only made available with U.S. & international copyright law notices. Web Portal's software permist user access to e-text via a download function permitted under U.S. copyright law which limits the amount of text that a user can copy or print at any one time.
          Web Portal Inc. software can be used as a college and university digital archive of e-books and research papers and doctoral dissetations.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Saturay, April 10, 1999

    The Economic Value of Remedial Ed
    By Edward Davidian, Staff Writer

          WASHINGTON - The nation's dissatisfaction with higher education has manifested itself, over the past decade, in various preoccupations. Moral relativism, political correctness, multiculturalism, speech codes, affirmative action, tenure, and the escalation of college costs and tuitions have all had their moments in the spotlight of critical public opinion, only to be replaced in relatively short order by a newer obsession.
         Governors, mayors, legislators, and educators have lined up to decry the cost and erosion of high quality higher education as the result of the admission of students who are unable to do college level work. The City University of New York's Board of Trustees voted to has even phased out the heart of its remedial education at the the senior colleges, beginning in January 2000.
         David Breneman and William Haarlow studied the monetary costs of remedial-education programs in public higher education. Their data estimates that annual costs for remedial programs, alone, amount to nearly $1 billion, less than 1 per cent of the $115 billion spent annually on public higher education in recent years.
         Based on that estimate, they concluded that providing remedial education is not breaking the bank for colleges and universities, or for states, and that policies on remediation should not be based simply on considerations of cost.
         Now, The Thomas B. Fordham Foundation has published research in which economist Robert M. Costrell, of the University of Massachusetts at Amherst, calls attention to remediation's indirect costs which are not readily identified in budgetary nalyses. Indirect costs such as the lack of incentive that arises among high-school students who know that they can gain admission to many two and four year colleges without mastering academic subject matter content required for college level work. When these badly prepared students enter college, they detract from the education of their fully prepared classmates.
         In the process, Costrell concludes, the economic value of the college degree may be devalued, courses may be dumbed down, graduation rates may fall, and faculty members may be pressured politically to go along with the charade that the business of collegiate education is proceeding as usual.
         Those are all plausible concerns -- ones that we don't wish for a minute to play down -- and they should be examined by faculty and administrative leaders in all institutions that enroll significant numbers of remedial students. As Costrell writes, such hazards suggest that the need for remediation be considered in designing admissions standards and curricula so that remediation programs do not distract higher-level scholars.
         But much of the debate over remediation, unfortunately, has been far less nuanced, chock full of simple bromides about restoring standards and quality. Rhetoric along those lines will not take us very far. Simply listing costs without acknowledging the benefits to society and to the individuals who succeed because of remediation is to paint an incomplete picture. Now that remediation has become controversial, it behooves us in higher education to treat the issue empirically and analytically, not just through the assertion and counter-assertion of differing values.
         Remediation is not a new phenomenon, although it is new to the public spotlight. Throughout the 19th century, the lines between college and secondary school were blurred, and many college students were, in reality, taking secondary-level courses. In this century, junior colleges increasingly assumed the remedial function, although it did not vanish from four-year colleges and universities. The dramatic expansion of college enrollments, starting with the post-World War II GI Bill and continuing with open admissions in the 1960s, placed the United States in the vanguard of countries providing mass higher education, with a concomitant rise in the need for remediation. But it would be the worst type of nostalgia to assume that we have somehow slipped from a golden age when all college students were bright and well prepared. Remediation has always been with us, and there is no evidence in the three surveys of remediation, conducted in 1983, 1989, and 1995 by the National Center for Education Statistics, of any significant increase in its extent over the past few years.
         But data on remediation's frequency, costs, and beneficiaries are minimal, as are figures on the practice's effectiveness. In fact, one benefit of current interest in the topic is that it may spur better collection and analysis of data on those issues.
         Clifford Adelman, of the U.S. Department of Education, has examined data from the college transcripts of a sample of 1982 high-school graduates, with follow-up surveys through 1993. Adelman reports that, of this group, the students who took the greater number of remedial courses had lower rates of bachelor's-degree completion. He also found that students who entered college needing remediation in reading were more likely to fail than those who required brush-up work in mathematics or writing. Although much of the rhetoric on remediation implies that those who require such work are 18-year-old high-school graduates, the reality is that a significant percentage of those enrolled in remedial classes are older, adult students seeking to enhance labor-market skills. Immigrants also make up sizable proportions of those enrolled in remedial courses in many states. Although the data are limited, they do at least draw our attention to the fact that the population being served is extremely heterogeneous, and not subject to simple stereotypes.
         The 30-year-old returning to college for job retraining who needs refresher work in mathematics hardly seems a reprehensible case, nor does the recent arrival to our shores who needs classes in English as a Second Language, a subject incorrectly labeled as remedial in some states. Even among recent high-school graduates, as Adelman's research suggests, distinctions should be made between students who need work in mathematics or writing, and those who need help in reading, a subject basic to all others.
         In Remediation in Higher Education, Costrell writes, "The thrust of Breneman's and Haarlow's paper ... is that remedial education is a bargain." That's correct, in that we believe that remedial education would pass the basic cost/benefit test required of any efficient social program.
         True, it would be far better if all high-school students with college aspirations prepared themselves adequately for college level work while in high school. True, the presence of students requiring remediation may have negative effects on the education of their college classmates, and may reduce the job satisfaction of professors.
         And true, our society would be wise to do everything possible to minimize the number of students who graduat from high school unprepared for college, whether they eventually attend or not.
          In the short run, what is the alternative to remediation? We could simply refuse to admit all potential students who would require remedial course work - ducking for the moment the fact that there is no national standard defining remediation -- but at what cost? To what type of life would we be consigning those individuals? Inevitably, some would become wards of the state, spending their days in jail or on welfare, while others would serve in low-paying, low-productivity jobs.
         A systematic effort to identify and measure the costs and benefits of remedial education - including the costs of social programs needed by those who can't gain access to it - would help in formulating wise public policy in this increasingly contentious area. Our work has provided a beginning estimate of the direct costs of remediation, and Costrell and other critics have begun to identify its indirect impacts. Adelman and researchers such as the CUNY sociologists David Lavin, David Hyllegard, and Elliott Weininger have begun to document what becomes of those who enroll in remedial courses. But on all of those fronts, we've only scratched the surface.
         The debate over affirmative action has been similarly heavy on abstract theorizing, light on empirical data. We need to do for remediation what Derek Bok and William Bowen have begun to do for affirmative action in their book, The Shape of the River, which provides extensive information on the collegiate experiences and later lives of minority students who attended highly selective colleges. The future of remediation, like that of affirmative action, is too important to be left to ideology.
         Even given the paucity of good data, however, one can comment on an issue that has been at the core of the discussion about CUNY -- namely, where remedial education should be conducted.
         The N.C.E.S. surveys show that all community colleges offer remediation, and that most view it as a clear part of their mission. The four-year colleges are more equivocal: Although many provide remediation, it is not something of which they boast -- and, indeed, it is likely that many four-year colleges underreport the amount and cost of their remedial programs.
         The current plan at CUNY would concentrate remediation in the system's two-year colleges, eliminating it from the four-year campuses. Lavin and Weininger tracked students who entered CUNY's bachelor's programs and found that, with remedial course work, many of them were able to graduate. Generally, however, research has shown that the vast majority of students who enroll in two-year colleges do not transfer to and graduate from four-year colleges. For this reason, we have been unwilling to endorse the CUNY policy as desirable either for CUNY or as a more widespread solution.
          A policy such as CUNY's might work better in state systems that encourage transfers from two-year to four-year programs and have a large number of such transfers. If remedial education were limited to community colleges with strong transfer programs, our society would accomplish two things: We would continue to make higher education widely available, while at the same time providing an incentive to prepare for college during high school for those who wish to go directly into a four-year institution. Such an approach would also reduce the number of underprepared students enrolled in research universities.
         Another option currently being tried, in Maryland and elsewhere, is for institutions to farm out remediation to specialized, private, profit-making organizations such as Kaplan Educational Centers and Sylvan Learning Systems. It is far too early to declare such efforts a success, but they bear watching and evaluation. At issue is whether remedial programs work better as stand alone skills building classes in such for-profit programs, or when integrated with other college-level course work.
         Given the current state of knowledge, there is little evidence supporting a single answer to the question of where remediation should be conducted. Access to higher education made possible by remediation is so important to the lives of those it aids, however, that we urge policy makers to approach the search for local answers with a regard for evidence, and an absence of ideological certitude.
         [Editor's Note: David W. Breneman is dean of the Curry School of Education at the University of Virginia. William N. Haarlow is a doctoral candidate at the Curry School's Center for the Study of Higher Education.]

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Thursday, April 8, 1999

    China got U.S. nuclear secrets in 1995
    Data led to improvements in China's neutron bomb
    New York Times

         WASHINGTON - In early 1996, the United States received a startling report from one of its Chinese spies. Officials inside China's intelligence service, the spy said, were boasting that they had just stolen secrets from the United States and had used them to improve Beijing's neutron bomb, according to American officials.
         China first built and tested a neutron warhead in the 1980s, using what American officials have said was secret data stolen from Lawrence Livermore National Laboratory in Berkeley, one of America's key nuclear weapons labs.
         But the design did not work properly. American officials say that China's 1988 test of the neutron bomb, which kills people with enhanced radiation while leaving buildings intact, was not successful.
         Now, the spy was suggesting, Chinese agents had solved the problem by coming back to the United States in 1995 to steal more secrets. The spy even provided details of how the information was transferred to China, officials said.
         The report prompted a federal criminal investigation, but U.S. officials say they have found no evidence that China has produced an improved neutron bomb.
         President Clinton's national security adviser, Samuel ``Sandy'' Berger, was first told of a possible new theft of neutron-bomb data in 1996, according to officials who took part in the meeting or read the highly classified materials used to prepare for it. The briefing came weeks after the FBI gave the Energy Department a report on the spy's information.
         David Leavy of the National Security Council said Berger and another NSC official who attended the 1996 briefing do not believe the neutron-bomb issue was mentioned. Leavy said that Berger did not learn of the suspicions until a more detailed briefing in July 1997.
         The disclosure of the report about the neutron bomb is significant for several reasons.
         Until now, Clinton administration officials have portrayed reports of China's nuclear spying as an old story, emphasizing that the loss of the W-88 warhead design occurred in the 1980s, while Republicans held the White House. They have suggested that there is no evidence Chinese nuclear spying continued into the Clinton administration.
         They have also said that Clinton responded quickly to concerns about security breaches at the nuclear weapons laboratories.
         Accounts by government officials about the neutron bomb case call both assertions into question.
         According to the officials, the April 1996 briefing of Berger included evidence of the theft of the W-88 design, the need to increase security at the weapons laboratories and the report about the loss of neutron-bomb data.
         The White House said Berger did not tell the president or take any further action until more than a year later, in July 1997. Soon after, Leavy said, Berger told the president about the security weaknesses at the laboratories and China's spying.
         The Energy Department completed an analysis of the neutron bomb case in July 1996, and unearthed some intriguing connections. The study, officials said, raised the possibility that the chief suspect in the W-88 case, a computer scientist in Los Alamos, had also been involved in the transfer to China of neutron-bomb secrets.
         The suspect, Wen Ho Lee, was dismissed from his job last month after the Energy Department said he violated security regulations. No criminal charges have been filed. Officials said the FBI has investigated the Energy Department's theory but has not been able to establish that Lee has any connection to the neutron-bomb case.
         As they investigated further, Energy Department officials discovered that Lee had attended a classified meeting in 1992 in which solutions to the neutron bomb's design flaw were discussed, officials said.
         The FBI, officials said, had also found that Lee had made at least one telephone call to the scientist at Lawrence Livermore who was suspected of having provided the Chinese with the original neutron-bomb data in the late 1970s and early 1980s.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Wednesday, April 7, 1999

    Triple A Club's Green Light
    Former FDG principal investor makes it work in West Sac!
    By Amy Wiliams

         SACRAMENTO - Former Fresno Diamond Group ballpark activist, Art Savage, has purchased a Vancouver B.C. minor-league baseball team, and plans to move it to West Sacramento in time to open a new ballpark which is set to open in April, next Season.
         Local speculation has the going price for the Canadian team somewhere around $8 Mil. Mr. Savage pulled out of investment in the Fresno Diamond Group after a series of contentious public meetings aired material discepancies and questionable public policies involved in Savage's proposed downtown Fresno Ballpark became the focus of a series of Fresno Republican Newspaper stories which brought the issues to the attention of Fresno readers. Negotiations with Fresno City Hall reached an administrative stand-still since December, 1998. The concerns expresssed in these columns were more fully addressed in the grave findings of the Fresno County Grand Jury Interim Report released in March.
         In spite of the history of communication problems which seemed to plague the Fresno Diamond Group during Mr. Savage's tenure with FDG, such experience does not appear to have affected the West Sacramento deal. He is the principal in the River City Baseball Associates and has achieved a remarkable record in working out the agreement with local Sacramento governments to build a publicly financed Triple-A stadium on the West bank of the Sacramento River.       The West Sacramento ballpark is expected to break ground by the first week in June, according to the West Sacramento City Council which entered into a Joint Powers Agreement with the Board of Supervisors in the counties of both Sacramento and Yolo county. Under the deal a Joint Powers Authority will be set up to obtain the needed $40 million in construction funds from public bonds which do not require a public vote on the project.
          River City Baseball will obtain a $6 million advance from the City of West Sacramento in an unusual arrangement under which River City Baseball will be paid to demolish old buildings which are located on the proposed stadium construction site.

    Copyright © 1992-1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Can't beat up on Mayor Patterson anymore!

    1998-1999
    FRESNO COUNTY GRAND JURY
    CITIES COMMITTEE
    INTERIM REPORT

    Downtown Baseball Stadium

    Approved by Grand Jury March 24,1999

    Background

          The charge of the Grand Jury is to be a watchdog for the citizens of Fresno County and monitor public tax spending. That is why we issued this interim report. The downtown baseball stadium has been a feature item on local agendas for nearly seven years and each year the negotiations have become more complicated and less understandable. In view of this, the Grand Jury chose to investigate the issue and to bring to the public as much information as possible. We are raising a number of questions, which have neither been asked nor clearly answered. The research and concerns are solely from the standpoint that this information should be common knowledge for Fresno County citizens. The Grand Jury investigation included document reviews, witness testimony and arguments which indicated many issues have yet to be resolved.

    FINDINGS

          Concerns and issues that should be resolved before a lineal agreement is reached include the following:

    County Participation

          1. Documents and testimony indicate that Fresno County, with a first deed of trust position, will loan $7.5 million for stadium construction. The Grand Jury understands that, under current negotiations are unfolding, this deed of trust would, however, be superceded by the Redevelopment Agency's own First Deed of Trust during construction.

         2. The County loan is proposed at a fixed interest rate of 5.8 percent for 15 years. Testimony indicated that the County's Pooled Investment Fund has earned an average interest rate of between seven and eight percent over the past 1-5 years. Therefore, the fixed interest rate has the potential for loss of interest revenue to the County.

    City Participation

          1. Whether or not the City of Fresno' s financial participation to the extent of $8.5 million is a loan or a grant must be clarified. This grant appears to be a gift of public money. The December 1,1998, City Council approval referred to the $8.5 million as a loan while supporting detail documents reference a "repayment grant."
         2. The local redevelopment agency has spent in excess of $5 million on acquiring land and preparing the planned stadium site. The redevelopment agency will hold the first deed of trust until completion of the stadium at which time the facility will be sold to the private investors for one dollar ($1.00).
         3. The City is required to put its $8.5 million contribution in an escrow account when all the final documents are signed. When the stadium project is completed, the City's contribution will be given to the private investors for the retirement of their Series B notes.
         4. To borrow the $8.5 million for the escrow account, it will be necessary for the City to issue $10 to $10.5 million in Lease Revenue Bonds. To secure these bonds, unencumbered City property such as fire stations would be sold and leased back to the City.
         5. There is no indication whether the City's Lease Revenue Bonds are tax-exempt or taxable.
         6. Repayment to the City will be in equal semi-annual installments on the same date as the Lease Revenue Bond payment dates. The repayment funds are to come from:
              a. The first $1.00 of each $5.00 parking fee
              b. The first $60,000 received from the remaining $4.00 in parking fees
              c. one quarter (1/4) of any parking fee increase over the $5.00 initial fee
              d. Real and personal property taxes from the stadium
              e. The City's share of sales taxes on stadium sales.

          Should these amounts be less than needed for the semi-annual debt service, there is a very complicated provision for the amount of deficiency to be covered and, should those accounts provide less than the required amounts, the balance of the deficiency will be added to the City's principal at the same interest rate of the Lease Revenue Bonds plus one percent. Testimony heard by the Grand Jury indicated that at the end of the 30-year period, any unpaid balance will be forgiven by the City.

          7. The issue of parking has been proposed in several ways and is currently a main issue of negotiation. Of concern is the possibility of citizens doing business in the downtown area two hours prior to a daytime game being charged $5.00 to park in City lots. Likewise, citizens attending public functions other than ball games being charged $5.00 to park. A new subcommittee of the negotiating group has been formed to address parking issues.

    Private Investors Participation

          1. Current negotiations indicate the private investors will have corporate control of revenues and costs and will repay the County indebtedness out of the various revenues and profits prior to the ordinary and necessary expenses being recovered. As matters stand currently, the County and City are given no rights to review or approve the stadium operating costs although we understand this issue is still being negotiated.

          3. The private investors have provided no proof of their ability to obtain the necessary $24 million in private funds to begin construction.

          4. The private investors are putting no hard cash into the construction project beyond the ownership of the baseball franchise, which they have not offered or pledged as collateral.

    General Considerations

          A Look at Construction Funding:

         $5.0 million Redevelopment Funds Expended $7.5 million Fresno County Loan $24.0 million Private Investors

         $15.5 million Series A Bonds

         $ 8.5 million Series B Notes*

         $36.5 million Total Construction Costs

              *Upon completion of construction the City Net Escrow Account will repay the Series B Notes.

          1. The private bonded portion and the County's loan for the stadium construction cost are to be insured by a new, single A rated, insurance company. The insurer does not provide insurance protection to the City's investment. It is the Grand Jury's understanding that an AAA insurer would be unwilling to underwrite the bonds.

          2. Documents indicate a 30-year commitment for a Triple A baseball team. However, should a bankruptcy occur, the court could permit the team to move which could make debt recovery efforts difficult for both the County and City.

          3. A validating proceeding is proposed to allow for early disposition of any legal issues should the project be challenged in court. It has been questioned that city officials, Councilmen, or County Supervisors are precluded from filing an answer.

          4. Reports of Triple A stadiums built in the 1990s indicate that 10 of 14 are publicly owned while four are privately owned. Upon completion of the stadium, the County and City will give the facility, built largely with public funds, to a private entity.

          5. During the first five years following completion of the stadium, the investors have the option to sell, assign, transfer or otherwise dispose of their interest in the franchise and the stadium only with the written consent of the insurer, the County and the City and a refusal to agree by any of the three would block any such effort. After five years, any sale, assignment, transfer or other disposition of the private investors' interest in the stadium may be made subject to full guarantee that the assuming purchaser has a demonstrated capacity to fulfill all financial and operational obligations required under the agreement.

    CONCLUSIONS

          The Grand Jury recognizes the public desirability of having a professional baseball team and a multi-purpose public stadium facility for the use and enjoyment of the citizens of Fresno, the County and the surrounding area. The County of Fresno appears to be better protected because of its position as holder of the First Deed of Trust. There may be a potential loss of interest revenue for the County because of the difference in interest rates.

         The City of Fresno has significantly more issues to resolve than the County including determining if it is a making a grant or a loan; downtown parking, repayment schedule for the grant, the tax status of the bonds, etc.

         The City's overwhelming issue: Is it desirable public policy to provide public funding for the enrichment of a private entity? The issue of repayment of the City's portion of this indebtedness raises questions for the Grand Jury. We are concerned that the $8.5 million City grant repayment is to be made from taxes collected which would normally support the additional services which will be required by the presence of the stadium. This amounts to the City paying itself back from its own revenues.

         Meanwhile, the additional incurred costs of police and fire protection and street cleaning services around the stadium will have to be borne by all City taxpayers, thus subsidizing this project further.

         The private investors have not shared appropriate financial information, which would enable the County and City to approach this issue more openly.

    Recommendations

          The 1998-99 Fresno County Grand Jury recommends:

         1. That the City of Fresno administrative and legislative bodies review the high-risk position of the current stadium proposal and consider alternative funding mechanisms.
         2. The issue of public ownership of this facility should be re-evaluated.
         3. The City of Fresno abide by all applicable state laws relating to redevelopment funds and the use of public funds on private projects.

    Copyright © 1992-1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Friday, March 26, 1999

    FRESNO NEWSBOY'S MEMOIRS
    A GUTSY SAGA OF HARD LIFE AT SEA

    By Howard Hobbs, Editor & Publisher

          FRESNO - This city in 1922 was a place to get away from. Even at 15 years of age Niels Thomsen knew that. He had been hawking The Fresno Republican Newspaper as a newsboy on downtown Fresno street corners at a nickel apiece.
          In Summer he loved to head out to Fancher Creek five miles East of downtown Fresno. There he would read Conrad novels, catch fish, and dream the impossible dream. From his pay, he would save $13.00. Not enough to fulfill his dream but, perhaps, enough to take him far away.
          So, one night, he left Fresno and his friend William Saroyan and jumped a Northbound Southern Pacific freight train heading for Frisco. Perhaps he could find a place on board one of Joseph Conrad's sailing ships at the wharf. He was right.
          It took him three years to reach Victoria B.C., and the barkentine the Forest Dream that would take him on an exciting voyage in 1925.
          In later life he would tell of his adventures. To inspire his children, then he always told them 'When I was a boy of 13 I delivered the Daily Republican in the mornings and the Evening Herald after school and mowed lawns on Saturdays and Sundays.'
          And so it was, that after leaving Fresno, Niels Thomsen lived a life of adventure and meaning in a span of more than 75 years. Now, at the age of 90, Thomsen has just published his memoirs. They are an amazing action-packed chronicle of the very last commercial sailing ship, the Forest Dream to depart from Victoria, B.C. in 1925 on a prolonged voyage around the world to Mauritius in the Indian Ocean.
          In this amazing tale Thomsen works his passage to Seattle at the age of fifteen in search of tall ships. He would find more than he dreamed of back in Fresno.
          After ten years as a seaman and officer in the Merchant Marine, he entered the U.S. Coast Guard. By that time the United States had entered World War II in the Pacific. Thomsen then served four more years in harm's way in the South Pacific. And under his command his ship was credited for ramming and sinking of a Japanese submarine in Southeast Alaska. He was promoted to Captain and received the Legion of Merit medal for his role in sinking the enemy submarine.
          Captain Thomsen's memoirs retell this story in rich detail and chronicle his connection to the sailing ship Forest Dream as a runaway from Fresno in 1925.
          Thomsen, crossed paths with ship Captain Huycke in 1992 who had come into possession of a portion of the journal of a Malcolm Chisholm, written while on the Voyage of the Forest Dream with a heading to Mauritius in that same year, 1925.
          This was the diary of a fateful voyage. As Thomsen read of those events, it dawned on him that he, himself, was the last survivor of that voyage, a-la a Joseph Conrad story-line.
          Thomsen was driven by an inner compulsion to fulfill a duty to his former shipmates. He would present the story of this tall ship. The story of those who in command were lost and of those who served and were gone, and those like himsel who went down to the sea in ships and lived to tell about it. He could also tell of those who fell from the rigging to the hard cold decks below, and died at sea. He could tell what he alone had known and what he lived through in those momentous times. He would tell the story of one Fresno boy's search for manhood and finding it at an early age, of his search in later life for clarification, redemption, and a return.
          The Fresno Republican newsboy made good. His amazing story is the best read to come our way. Get this book.
          [Editor's Note: The original review of this best seller appeard in the Fresno Republican Nov. 26, 1997. Capt. Niels P. Thomsen, USCG(ret) is receiving mail from readers at 19222 Olympic View Drive Edmonds, WA 98020]

    Copyright © 1992-1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Wednesday, April 1, 1999

    SJ River Conservancy VS
    SJ River Parkway

    CA Attorney General's takes a close look.
    By Amy Williams, Assoc Editor

          FRESNO - On Tuesday the California Attorney General had a few things to say about the Fresno County Board of Supervisors and one of Fresno's leading activists, Edward M. Kashian.
          It seems that on January 13, 1998, the County Board of Supervisors appointed Mr. Kashian as a governing board member of the Conservancy on a four-year term authorized in 1992 as part of the State Resources Agency. Mr. Kashian is not a San Joaquin River bottom property owner as required by the statute under which he was appointed by the Board of Supervisor's action. Mr. Kashian directs the agency in acquiring and managing land in the San Joaquin River Parkway amounting to about 6,000 acres on both sides of the San Joaquin River in both Madera and Fresno Counties. Its intended mainly for open space recreational and educational uses and as a wildlife preserve.
         Mr. Kashian is also was apointed to membership on the Board of The San Joaquin River Parkway Association. Some of its members have been contenteding that Mr. Kashian, as a director, has a conflict of interest in seeking public funds from the Conservancy to serve its purposes of acquiring and preserving property within the Parkway. If Mr. Kashian "is . . . a director . . . of an agency or organization which competes in the funding process" they feel he is acting in violation of public Policy.
         The governing board of the Conservancy consists of nine voting members and four non-voting ex-officio members, consisting of city, county, district, and state representatives and local residents.
         Kashian is a director of the San Joaquin River Parkway and Conservation Trust, a non-profit public benefit corporation, which has as one of its purposes the acquisition of property within the Parkway for wildlife habitat preservation and recreational use.
         To resolve the issue the SJ River Parway Trust referred the matter to the California Attorney General's Office for an opinion.
         So, Attorney General, Bill Lockyear took up the issues of whether Mr. Kashian is holding two public offices by being a Conservancy board member and a director of the Trust in violation of the rule prohibiting the holding of incompatible public offices.
         Lockyear rejected the Association's suggestion that the Policy prevents Mr. Kashian' s appointment to the Conservancy' s governing board. He writes,"...First, by its own terms, the Policy is applicable to 'County boards, commissions and committees,' and the Conservancy is not such a public agency; it is, instead, a state agency. Moreover, the Policy' s specific funding restrictions refer to 'boards, commissions and committees' which recommend funding allocations to the Board of Supervisors." The Conservancy is a grants making agency.
          Clearly, Kashian's position as a director of the Trust, a private non-profit corporation, would not make him a public holder, so he would not be subject to the dual office prohibition concerning the law against holding incompatible public offices."
         However, in Mr. Lockyear's publishedOpinion released today in Sacramento, Lockyer introduced a quantum of scepticism by noting "...Mr. Kashian's appointment to the governing board of the Conservancy, makes him a State officer, and he is subject to numerous laws regarding conflicts of interest."

    Copyright © 1992-1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Thursday, March 25, 1999

    No More Junk Science
    Supreme Court's deep skepticism toward hired courtroom experts.
    By Howard Hobbs, Editors' Desk

         WASHINGTON - The Supreme Court yesterday expanded the scope of its 1993 landmark "junk science" ruling in Daubert v. Merrell Dow Pharmaceuticals. In overturning the 11th Circuit, the court ruled that the "technical" qualifications of an expert on tire damage were subject to Daubert review by the trial court. Writing for the majority, Justice Stephen Breyer said, "It would prove difficult, if not impossible, for judges to administer evidentiary rules under which a gatekeeping obligation depended upon a distinction between 'scientific' knowledge and 'technical' or 'other specialized' knowledge."
         The lop-sided 8-1 ruling is a clear signal to American manufacturers, that the courts will make it harder to sue the makers of everything from bicycles to air-bags.
         To win personal injury damages, plaintiffs must prove that defective products are responsible. But the high court has shown a deep skepticism toward reliance on the opoinions of hired courtroom experts.
         Six years ago, the court said that judges should act as "gatekeepers" and carefully examine testimony from scientific experts. A chemist or medical researcher might have superb academic credentials, the court said, but that alone does not mean that his or her opinions about a new drug are scientifically valid.
         "Judges should look beyond scientists' qualifications and examine the basis of their conclusions," the court said in 1993.
         Tuesday's ruling extends that rule of skepticism to all manner of experts, whether they are engineers, psychologists, accountants or handwriting analysts.
         Before they are permitted to testify, forensic experts must establish their special training and expertise to the Court's satisfaction. But, the decisioin which came down on Tuesday, also requires expert opinions to be based on years of practical experience.
         The decision blocks the testimony in an Alabama court of a tire expert who, before examining a tire, concluded that it must have blown out because of a manufacturing defect rather than excessive wear.
         "I think this decision will greatly enhance the reliability of decision-making by juries. It will keep out a lot of crazy expert testimony we've seen," said Washington attorney Kenneth S. Geller, who represented the South Korean tire maker that was sued in the case.
         Over the last decade, manufacturers have complained loudly about "junk science" in the courtroom. Their companies often have been wrongly held liable for selling defective products based on dubious trial testimony by hired experts, they have said.
         They have urged the court to set a high barrier that experts must surmount before they can offer their opinions in court. By contrast, trial lawyers have maintained that a jury should be allowed to hear experts from both sides and then weigh the conflicting testimony.
         "We believe this testimony should have been heard by the jury. [Until now], a basic tenet of the federal rules had been to let the evidence in, to let the jury sift through it and decide," said Sidney W. Jackson, a trial lawyer from Mobile, Ala.
         The case that reached the high court began on July 6, 1993, when an Alabama family was returning home after a cross-country trip. Patrick Carmichael, the father, had recently purchased a used Ford Aerostar minivan with steel-belted tires made by the Kumho Tire Co. of South Korea.
         While he was driving on an interstate highway near Mobile, a rear tire blew out and the van rolled over, injuring seven members of the family and killing a young girl traveling with them. The families sued Ford, which paid a settlement, and the tire maker. They contended that the tire failed because of a defect.
         The company said that the tire was old and worn and should have been replaced.
         The family's case depended on the testimony of Dennis Carlson, a former tire tester for Michelin America who had a degree in mechanical engineering. After looking at photographs of the tire, he wrote a report concluding that the tire was defective. Later, an hour before giving a deposition, he inspected the damaged tire briefly.
         Lawyers for the manufacturer, pointing to the Supreme Court's 1993 ruling, urged the judge to act as a "gatekeeper" and to bar Carlson from testifying. The judge agreed, saying that Carlson's opinions about the failed tire were "simply too unreliable, too speculative" to present as evidence.
         The family appealed to the U.S. Court of Appeals in Atlanta, which reversed the trial judge and ruled that only "scientific" testimony must be carefully screened. It said that "...an expert's experience and observations can be valuable, even if they are not based on science."
         But the Supreme Court took up the tire manufacturer's appeal and came down squarely on the side of demanding "intellectual rigor" and "scientific reliability" for all expert testimony.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Tuesday March 23, 1999

    Fresno Private Eye in Focus
    Probe of Oakland Schools over $300,000 charges.
    By Phillip Matier, Andrew Ross

         OAKLAND - The Oakland Unified School District's top cop says he tried at least three times to meet with Superintendent Carole Quan over her spending more than $300,000 on a private investigator to look into missing lunch money at Skyline High.
          But each time, according to Oakland Police Lieutenant Frank Lowe, he was rebuffed -- and now Quan's handling of the alleged embezzling just might cost her her job.
          Lowe told us his concerns were heightened not only by the soaring costs of the investigation, but also by the absence of any contract with the private eye.
          Lowe also wanted to know why Oakland was paying a private investigator from Fresno, of all places, to look into a $30,000 embezzlement case at an Oakland high school.
          The district's top cop says he first approached Quan's office for a meeting in January, and several more times over the past three months. But Quan -- who by this time was already on the political ropes over the sad state of Oakland schools -- didn't want to hear from him, Lowe says. Instead, he was told to talk to the district's general counsel.
          But Lowe didn't want to.
          ``This (the district's handling of the case) was a potential criminal matter,'' Lowe told us. ``I felt I should meet with her.''
          It should be noted that Lowe was on the outs with Quan at the time, in part because he was investigating Quan for allegedly trying to get a speeding ticket fixed for one of her top deputies.
          Quan has also advanced the idea of the district having a totally independent police chief -- a move that could eliminate Lowe's position, although not his job with the Police Department.
          Whatever the case, there was no meeting -- and now Quan may lose her job over how she handled the whole matter.
          One of the biggest questions, of course, is why did Oakland schools hire an investigator from Fresno (some 180 miles to the south) to look into a routine theft case, and thereby wind up footing an extra large bill for mileage, time and hotels?
          Well, it turns out that the school risk manager, Steven Somsen, had previously worked for the convention center in Fresno, and while there had hired investigator Gerald Pearce to work on a missing money case. When the Oakland case arose, Somsen recommended Pearce.
          The bigger question, of course, is how did a case of missing lunch money, which after two years has not resulted in any arrests, blossom into a $320,000-plus boondoggle?
          Pearce has privately dropped hints that it wasn't a simple investigation at all -- and wound up mushrooming into a case that eventually involved the FBI, money laundering and even terrorist activities in Africa.
          However, others, including former employees of Pearce's, say the case was all but wrapped up two years ago. They say the case -- and the billing -- just seemed to go on forever.
          Pearce denies this, telling us that each and every bill was accounted for.
          Whatever the case, it appears that Quan may be paying the final tab . . . maybe even with her job.
          We asked the superintendent's office for comment, but Quan wasn't available.

    ©1999 San Francisco Chronicle

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    Thursday March 18, 1999

    CSU Faculty Negotiations Fail
    Professor's union won't take the trustees' decision lying down.
    By Amy Williams, Staff Writer

         LONG BEACH - After more than a year of fractious negotiations, the California State University System took a stand Wednesday to end its labor dispute with faculty members: It unilaterally imposed terms of employment on them. Outraged union leaders say their fight is far from over.
          The contract that is being imposed on the faculty will give professors a 2.5-per-cent across-the-board raise, and there will be an additional 1.5-per-cent raise for those eligible for step increases.
         In February, professors in the 22-campus system roundly rejected a tentative contract agreement that was more generous than that. Had they voted to support it, faculty members would have landed a 3-per-cent, across-the-board salary increase for 1998-99 and a 6-per-cent raise in 1999-2000.
         Conflicts over merit pay, in large part, sunk the deal. The university wanted to double the proportion of the faculty salary pool set aside for merit pay, to 40 per cent from the current 20 per cent. It also wanted to let campus presidents have the final say over the raises -- who got them and how big they would be. That, professors argued, was a sure-fire way to reward administrative cronies and blackball campus mavericks. The agreement was voted down by a margin of 57 per cent.
         The return to the bargaining table did not prove fruitful. After several weeks of intractable negotiations, Chancellor Charles B. Reed asked the Trustees' Committee on Collective Bargaining to impose the university's "last, best offer" on the faculty. The seven-member group gave the chancellor its unanimous support.
         "This is the only way that the university system could have put into place at the current time pay raises for 20,000 people in the bargaining unit," said Sam Strafaci, the system's senior director of human resources and its chief negotiator. "The only alternative would have been to engage in renewed and protracted bargaining, with no hope of agreement in sight."
         "We think a large number of faculty members who will receive pay raises will be relieved that this process has come to a conclusion," Mr. Strafaci added. "I don't see this as a lightning rod for criticism."
         Although administrators played down the likelihood of a walkout, faculty members insisted that it remained a strong possibility. "I would have said a week ago that the faculty wouldn't go out on strike," said Myron Hood, the chairman of the Academic Senate at California Polytechnic State University at San Luis Obispo. "But now I don't know. The contempt for the faculty that seems to come from the chancellor's office has really discouraged faculty members to the point where there might be interest in some kind of work action."
         Professors were particularly upset by some off-color comments that Mr. Reed made to a group of business leaders last week. The chancellor criticized the faculty for working "about seven or eight months a year ... from about 9 to 2, Monday through Thursday." Mr. Reed added: "The faculty says, 'My God, we can't work in the summertime. We've got to rest.'"
         The stray remarks set off a barrage of criticism. Mr. Hood fired off a letter to the chancellor taking him to task for portraying the faculty as "a bunch of lazy louts." And the union formally rebuked Mr. Reed, noting that he had "publicly disparaged and insulted the faculty of C.S.U."
         Mr. Reed apologized to fuming faculty members, explaining that his remarks were taken out of context. The point he was trying to make, the chancellor said, was that Cal State needs to offer a full roster of classes year-round if it has any hope of accommodating the flood of students that it anticipates will enroll in the next 10 years.
         Union leaders said that the apology doesn't hold much water now that Mr. Reed and the trustees have imposed terms of employment on the faculty. "We're angry about the lack of respect," Mr. Hauser said. Strike or not, the union will make sure that "...it won't be business as usual at California State University, anymore."

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Friday, March 12, 1999

    Fraudulent Loan
    McDougal used it to pay-off William Jefferson Clinton's debts.
    By Amy Williams, Staff Writer

         LITTLE ROCK, Ark. - Kenneth Starr's investigators alleged for the first time Thursday that a fraudulent loan to Susan McDougal in the 1980s was used to retire a $27,600 debt in President Clinton's name that was taken out for their Whitewater land venture.
         In opening testimony at McDougal's obstruction of justice and contempt trial, FBI agent Mike Patkus told jurors he would have liked to ask her whether Bill Clinton had any knowledge about the link between the two loans but she refused to answer questions before a grand jury.
         Prosecutors have used the early stages of McDougal's trial to air evidence they say calls into question the president's sworn testimony during a 1996 criminal trial. McDougal lawyer Mark Geragos said prosecutors let her languish in jail and did not try to ask her about the Clinton loan.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Thursday, March 11, 1999

    Ballpark bonds too risky
    NY bond rating agency finds City Council's deal financially unsound.
    By William Heartstone, Staff Writer

         FRESNO - The bond rating agency hired by the Fresno City Council, IBCA Guaranty Inc. reported last week that the proposed $30.5 million downtown ballpark is too much of a financial risk to be rated.
         The New York firm based its findings on a close review and in-depth financial analysis of the terms of the deal approved by a vote of the Fresno City Council on December 1, 1998. Local economic factors and debt characteristics of the bonds, together with the specific revenue sources that would be offered as security on the bonds are unsound.
         IBCA's Financial Guaranty group rates the claims-paying abilities of bond insurers and other financial guarantors and regularly publishes research on municipal bond markets.
          Fresno City Attorney Hilda Cantú Montoy notified the Council members last week that IBCA's Financial Guaranty rating of proposed City bonds intended to finance the downtown ballpark would not be forthcoming. Apparent concerns about the City's default position on the proposed bond also came into question by the Bond rating agency.
         Mayor Jim Patterson told reporters the latest development shows the Diamond Group is unprepared to carry out the deal.
         City Council members who voted their approval of finacial arrangements in December were gambling that the bond rating agency would go along with deal. The optimistic target date set by the Council to finalize the ballpark grant/loan documents and contracts for Council members and County Supervisors set for March 30th has been canceled. No future date has been rescheduled.
         The shaky City Council deal would have committed to transfers of $8.5 million to the private investors, The Fresno Diamond Group, after ballpark construction. Then there would be a $7.5 million loan from Fresno County, to the Fresno Diamond Group and, only then would the Diamond Group be able to obtain its financing of $23 million it thinks will be needed to complete its minimal construction package for the questionable ballpark project. The Diamond Group investors would then own the ballpark, and Fresno City taxpayers would hold a weak third morgtage on the ballpark in the event of default.
         In Montoy's memorandum to the City Council, the City attorney noted public concerns that Fresno County "...has first loan repayment priority, private bondholders would be second and the City third."
         The last minute revalations by the bonding agency should not come as any surprise to City Council members. After all, in her appraisal of the proposed financial obligation for such a stadium deal at the December 1, 1998 Council meeting, the City Attorney warned each member of the Council that, "...The stadium may not have significant value or equity to protect the City in the event of foreclosure. The City's debt service would be an obligation in the 'grant' agreement..."
         The Fresno Republican Newspaper has contacted a number of leading bond insurers including Moody's Investors Service, Standard & Poor's Corporation, and Duff & Phelps Credit Rating Company. Each of these agencies says it assigns its ratings based on the exact same criterions used by IBCA Guaranty Inc. in determining lack of financial soundness and degree of financial risk associated with rating the investment quality of public bonds.
          The implications of IBCA Guaranty Inc. refusal to assign even the lowest rating to the proposed Fresno ballpark bonds is a reassuring turn of events for concerned Fresno City taxpayers. It is also a devastating blow to Fresno Diamond Group investors and City Council members who placed their business & personal reputations and even some political careers on the line in hopes of getting public financing for the unlikely ballpark deal through creative book-keeping in order to circumvent a public vote on the proposed ballpark.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Thursday, March 11, 1999

    When doctors go to court
    The patient's secrets soon become public knowledge.
    By Howard Hobbs, Editors' Desk

         PALO ALTO - The psychiatrists' promise of clinical privacy is part of the Hippocratic Oath. But that oath contains an escape clause most people are unaware of. The oath itself is, "All that may come to my knowledge in the exercise of my profession... which ought not to be spread abroad, will keep secret and will never reveal."
         American medicine increasingly faces such questions, and psychiatrists (and other mental health professionals) are often on the front lines.
         Insurance companies and other parties to law suits over personal injury want to know what people tell their psychotherapists. They also want to know what therapists think about the needs, capabilities, and prognoses of their patients. This is hardly surprising. People tell therapists things about their actions, experiences, and finances that they tell nobody else. Mental health professionals' diagnostic and predictive judgments, in turn, serve many nontherapeutic purposes. Clinical judgments bear on decisions about criminal responsibility, tort liability, insurability, career advancement, and myriad other responsibilities, rights and opportunities. Litigants, insurers, employers, and public officials thus commonly ask psychotherapists to reveal things that perhaps "ought not to be spread abroad."
          Yet, psychiatric testimony is necessary in any personal injury case. However the use of unreliable and invalid psychiatric opinion during trials has emerged in large measure because the courts have failed to rigorously hold psychiatric testimony to the reasonable standards demanded of other expert testimony. The courts seem dazzled by the aura generally accorded to the medical profession and statements made by doctors that appear to be based upon scientific expertise, to be objective, and trustworthy.
         Making matters worse, the legal standards for admitting expert testimony are not clear, particularly when it comes to psychiatric testimony. This situation has been long standing. Karl M. Bowman,M.D., a professor of psychiatry at the U.C. Medical School in Berkeley, told this writer in 1968 that "...In the attempt to protect the rights of the individual, a great many tragedies have occurred, namely, to secure mentally sick persons proper care with a minimum harm to the patient, as well as making certain that persons who are not mentally sick are not improperly treated."
          When presented with requests for testimony, therapists and other health care professionals typically are at a loss as to what they should do. The American Medical Association's code of ethics permits physicians to disclose confidential clinical information whenever they are "required to do so by law." Other ethical codes applicable to mental health professionals contain similar language.
          As Ralph Slovenko shows compellingly in Psychotherapy and Confidentiality the law's stance toward clinical confidentiality in the mental health sphere is less than solicitous. Slovenko's book is the most comprehensive review yet published of the legal duties of mental health professionals to keep and reveal clinical secrets. From a therapeutic perspective, the legal landscape he surveys is bleak. In the first half of his book, Slovenko examines the scope and limits of the psychotherapist-patient and physician-patient privileges, which are meant to reassure patients that what they say in the clinic or in the therapist's office is beyond the reach of judges, jurors, and litigants. He demonstrates that this assurance is largely illusory. Through its many exceptions, the law of therapeutic privilege subordinates confidentiality to the need, in the law's quaint phrase, for "every man's evidence." In criminal proceedings, child-custody cases, and, to a lesser extent, tort and contract litigation, clinical confidences are better protected by the tests of relevancy that courts apply to all potential evidence than by the porous rules of therapeutic privilege.
          As Slovenko shows in the second half of the book, the law's lukewarm treatment of clinical privacy extends beyond the realm of testimonial privilege.
         The law requires clinicians to tell public authorities or potential victims about myriad dangers that psychiatric patients might pose, and at times the law allows therapists to reveal clinical confidences to a patient's employer on the grounds of their relevance to job performance. Unlawful breaches of confidentiality are often made with impunity, since patients are reluctant to risk further embarrassment by going to court. Slovenko reports that therapists are less likely to be sued for violating patients' confidences than for failing to reveal clinical information to third parties who claim injury.
          The largest gap in the law's protection of clinical confidences may be the carte blanche it gives to disclosure once patients have given their "consent."
         Health insurers and employers routinely offer services or opportunities on the condition that consent to the release of clinical information be provided. Withholding consent in such circumstances is often not a realistic choice, yet the law typically treats this consent as voluntary. Although some question the extent to which the law should regard such consent as uncoerced and thus valid, Slovenko takes its legitimacy as a given.
          More generally, Slovenko parses the law of clinical confidentiality in a largely descriptive fashion and is uncritical of the developments he chronicles. His encyclopedic book is a valuable reference for health care professionals, especially psychotherapists, who are interested in what the law of medical privacy minimally requires, but it encourages reflexive deference to the law as the arbiter of what health care professionals ought to do.
         In so doing, the book gives short shrift to their therapeutic, patient-oriented perspective as a distinct moral factor that is relevant to decisions about keeping secrets in the ambiguous situations that lead clinicians to consult the law.
         Too often, the law offers no clear answers, and clinicians can serve their patients and influence the law's course by making and defending patient-oriented ethical judgments. Slovenko suggests that socializing with "homosexuals" constitutes "acting out" against "the rules of society," and he approvingly cites Karl Menninger's characterization of homosexuality as "an illegal type of gratification."

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Tuesday, March 9, 1999

    $40 M Settlement in Nazi Bank Holdings
    Moral responsibility toward the Jewish people acknowledged.
    By Edward Davidian, Staff Writer

          FRESNO - A large Austrian bank has agreed to pay $40 million and provide necessary documents in order o settle a major class action suit that charged that the bank aided the Nazi war machine and h assets during World War II.
         The settlement reached with Swiss banks is considered very significant because the bank documents provide significant evidence other law suits by Holocaust survivors pending against major German banks.
         Creditanstalt and its parent company Bank Austria were named as defendants in the on going Deutsche Bank litigation.
         A unique aspect of the settlement is that it gives the plaintiffs the right to any claims that the Austrian bank might have against the German banks for assets that were forcibly transferred to the German banks after Germany annexed Austria in the March 1938 anschluss. Deutsche Bank formally took control of Creditanstalt after the annexation.
          Robert A. Swift of Philadelphia, one of the lead attorneys for the plaintiffs, told reporters Monday, "This settlement will lead to far larger compensation for Holocaust survivors...in the documents being produced and the claims being assigned."
          The New York attorney for the banks, Charles G. Moerdler, could not be reached for comment on the settlement with the banks.
         The settlement resolves three cases filed in the past year against Creditanstalt and its parent firm Bank Austria.
         Allegations in the suits allege, "... the bank aggressively participated in a scheme to profit from the inhumane slave labor inflicted by the Nazi regime and its allies...the bank obtained, concealed and profited from assets looted or Aryanized by the Nazi regime."
         Court papers on file in federal court in Brooklyn depict HOW the Nazi government systematically seized Jewish property in Austria if it had any economic value.
         The basic purpose of Bank involvement, according to the allegations on file with the court, was to acquire as trustee significant Jewish properties The suit also noted that the buyers were required to pay what was depicted then as a dejewing fee for later sale or transfer to Aryan buyers.
         Within months after the suits were filed, Austrian officials indicated that they wanted to expeditiously resolve the cases.
         In September, officials issued a Press Release, which stated, in part, "Out of moral responsibility toward the Jewish people and out of homage to the indescribable suffering caused by the Holocaust, [there will be] an overall resolution of all matters which exist in this connection."
         At the time of the Holocaust there were about 180,000 Jews in Vienna. The Third Reich forcibly removed thousands of Jews and took over their business, homes, and other property. More than 65,000 were killed during the Nazi rein of terror.
         The settlement includes $30 million for to be deposited into a humanitarian fund, some of which will go to survivors, and $10 million for the administration of claims.
         The settlement was reached with the assistance of former U.S. Sen. Al D'Amato (R).

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Wendesday, March 3, 1999

    POLITICKLE
    Political limericks exclusively from the Fresno Republican Newspaper.
    By F.R. Duplantier, Staff Poet Laureate

    FRESNO - Looking backward, here is today's choice liberal political limerick. They appear weekly and offer a wry retrospective on events of public interest in the community.

    LOOT FOR THE HOME TEAM
    "A new stadium slakes our esteem
    (With a taxpayer-financing scheme):
    You fans in the stands
    Must meet our demands —
    Or you won't even have a home team!"

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Monday, March 1, 1999

    Federal Court Injunction
    Prevents cutting men from sports teams at CSUB under Title IX.
    By Amy Williams, Staff Writer

         FRESNO - Judge Robert Coyle, of the U.S. District Court in Fresno has issued a preliminary injunction prohibiting California State University at Bakersfield from cutting the number of men on its wrestling team. The judge's order came in a lawsuit filed by wrestlers who claim that the university's plan to eliminate their team amounts to sex discrimination.
         The university had sought to cap the size of the team to keep the percentage of athletes who are male proportional to the percentage of male students on the campus. Proportionality is one of the ways that institutions can demonstrate compliance with Title IX of the Education Amendments of 1972, the law that bars discrimination at institutions that receive federal aid.
         The debate over the Bakersfield wrestling team has drawn nationwide attention in the United States. Many advocates for men's teams like wrestling -- teams that do not bring in substantial revenue -- have argued that their programs are being unfairly cut as colleges try to avoid a finding that they are discriminating against female athletes.
         A five-year-old consent decree governing the California State University System requires its campuses with athletics programs to bring their proportion of female athletes to within 10 percentage points of the proportion of undergraduate female students by the 1998-99 academic year. The Cal State system agreed to the consent decree after being sued by the California chapter of the National Organization for Women.
         At Bakersfield, administrators announced plans in 1996 to drop wrestling. In January 1997, a group of plaintiffs led by Stephen Neal, a senior wrestler at Bakersfield and the defending national collegiate champion in the heavyweight division, sued the university over the matter. The following September, the plaintiffs sought a restraining order to block the university's plan to impose a cap on the size of the team.
         In granting the injunction, U.S. District Court Judge Robert E. Coyle ruled that the wrestlers had "demonstrated a likelihood of success on the merits." He wrote, "The court concludes that relying on proportionality to cap the men's athletic teams at CSUB in order to comply with the Consent Decree constitutes implementation of a quota based on gender in violation of Title IX."
         The plaintiffs are represented by Mark Martel, a California lawyer, and the Washington-based Center for Individual Rights. In a statement, the center's president, Michael McDonald, said, "The court's ruling is a welcome repudiation of the extreme view that equal opportunity requires numerical proportionality."
         In a statement, Monique Shay, a lawyer for the university, said the court's ruling "is inconsistent with six other federal decisions which have considered the same issue. The university has filed a notice of appeal in the Ninth Circuit Court of Appeal." A spokesman for the university said Sunday that campus officials would have no further comment.

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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    Monday, March 1, 1999

    Mayor's plan tabled by Council
    City Council's attorney, Hilda Cantú Montoy digs in.
    By Howard Hobbs, Editors' Desk

         PALO ALTO - The Mayor of Fresno, Jim Patterson, insists the ballpark financing plan approved by a 5-2 vote on December 1, 1998 risks the loss of $8.5 million or more, in Fresno tax revenues on an illegal and unconstitutional City Council strategy that is doomed to fiscal disaster for the City of Fresno. Another corporate welfare pipe dream that will leave City Hall holding the proverbial"bag".
          Mayor Patterson has been touting a much more reasoned arrangement of this type already approved in a joint powers agreement for a West Sacramento publicly owned ballpark, the likes of which Fresno taxpayers can afford and should be permitted to consider.
          Patterson's alternate plan may not be completely free of risk but Fresno taxpayers deserve to be given the details of the plan in a public meeting. Patterson says, the actual plan approved by the Fresno City Council in its 5-2 vote in December amounts to handing over public funds to help a private investment group pay its investors promised returns on their investment. As such, it is a clear misuse of the limited legislative power granted to the Fresno City Council under the new City Charter. In other words, the Fresno City Council appears to have acted in haste. If their acts have been illegal, they would not bind the City to the terms of any agreement they entered into. Acts not officially taken which have exceeded Fresno City Council powers as set in the Charter, would appear to be justifiably challenged by Mayor Patterson.
          The Mayor has not changed his public posture on the constitutionality of grant making to private interests. City Council members Garry Bredefeld, Dan Ronquillo, and Henry Perea have been doing the three blind mice bit. But it is inconceivable that City Council members have read but never understood the Fresno City Charter and its relationship to the California Constitution.
         In 1996 Mayor Patterson provided local news reporters a number of press statements favoring a public vote on whether or not Fresno City Council should issue general revenue bonds to pay for a downtown ballpark to be owned by the City.
          Fresno City Council members say they don't have time or the inclination to start all over with a new ballpark deal. They also seem to resent Mayor Patterson's accusation objection to that grant/loan of $8.5 million in public money to assist the private investment group.
         City Council members also say a public vote would have torpedoed their plans, because the ballpark could never have met the promoter's deadline. So, the City Council decided not to delay any further by asking Fresno voters to approve the Council's deal with the private investors.
         One local newspaper has openly chided the Mayor for "playing politics" while tacitly agreeing with the criticism of a mayoral veto of City Council action on the grant transaction.
         Making matters more ominous, the Fresno City Council's paid attorney filed a lengthy opinion with the City that is couched in obscure legalisms and skirts the fundamental points at issue in the Mayor's accusation. The City Attorney's thirty-five page criticism of the Mayor was authored by Hilda Cantú Montoy to knock down Mayor Patterson's standing to challenge the $30.5 million stadium deal, which is but a few weeks away from final review by the City Council and the Fresno County Board of Supervisors.
         A true copy of Ms. Montoy's opinion was obtained from the City Manager's Page at the Fresno City Hall Web Site by the Fresno Republican Newspaper on Friday. Editors read with dismay Montoy's lengthy analysis of the Mayor's claims. Ms. Montoy apparently sidestepped the issue central to the Mayor's accusations, a glaring prohibition in the California Constitution, upon which the Fresno City Charter is grounded.
          Also conspicuously absent from the City Attorney's brief was any legal justification for restricting Mayor Patterson who may seek administrtative mandamus, in the courts to restrain the Fresno City Council from making the gift/loan of public funds to a private interest.
         But, early on in the Fresno City Council December 1,1998 public meeting, and before the 5-2 vote was pushed through, Ms. Montoy presented a serious warning about the legality of that pending City Council action. Before being abruptly and uncermoniously cut off by Council member Chris Mathys, Montoy had this to say for the record:

          "I tell you what the legal strengths and weaknesses are...and its your call in the end. We simply have not been afforded the time necessary to hold staff discussions internally...have not spoken with the City Treasurer, the City Manager, or the Fresno Redevelopment Agency director, and we have not sat down with the Fresno Diamond Group to go over all of the details. The stadium may not have significant value or equity to protect the City in the event of foreclosure. The City's debt service would be an obligation in the 'grant' agreement..."

         The 1999 Fresno County Grand Jury called three Fresno City Council members and the Mayor to testify this week in its investigation of the facts surrounding the circumstances of the Fresno City Council vote in the downtown Fresno ballpark grant/loan fiasco.
         In view of the fact that Ms. Montoy has carefully attempted to save herself from potential liability when the $8.5 million grant/loan goes sour, Mayor Patterson should proceed forward to resolve the serious issues present. And in the spirit of community perhaps Fresno taxpayers will step forward, and join the chorus in singing that great old Fresno stand-by called enough is enough!

    Copyright © 1999 The Fresno Republican Newspaper Co. All rights reserved.

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