February 1, 2010

Here are the announced topics as received from the agenda committee:

Opening:

Guest speaker: Joanne Leinow with the “Big Brothers and Sisters of the Desert”

Hosted by Andy Fisichelli

Followed by:

Two questions from our previous meeting that were not presented.

1. What do you think of Governor Schwarzenegger’s request for Federal money bailout so as to balance this state’s $20 billion shortfall?
2. Should Mark McGuire be excluded from the Baseball Hall of Fame due to his use of enhancement drugs?

Use of SCSH fitness equipment by minors

As a follow up on the question of allowing minors to use fitness equipment at SCSH, the following information is given for everyone’s feedback and if necessary a change in the rules to not only restrict minors from using the equipment, but to ban them completely.

The U.S. Consumer Product Safety Commission (CPSC) estimates that each year about 8,700 children under 5 years of age are injured with exercise equipment. There are an additional 16,500 injuries per year to children ages 5 to 14. Types of equipment identified in these cases include stationary bicycles, treadmills, and stair climbers. Fractures and even amputations were reported in about 20 percent of exercise equipment related injuries.

The CPSC is concerned about the severity of injuries to children, especially because the hazard may not be obvious. Therefore, the CPSC warns parents always to keep children away from exercise equipment. Never use a bike without a chain guard, and when not using the equipment, store it or lock it so children cannot get to it.

fitcommerce.com website states:

Multi-million dollar liability judgments are awarded by the courts in recreation, sport, and fitness suits each year. It is crucial that you as a professional learn to protect yourself and your business from liability for negligence - whether you are an employee, an independent contractor, a club manager, or an owner. Surround yourself with resources ranging from an attorney in whom you have confidence, to risk management materials, to further education regarding liability (often found at fitness conferences), to trained and knowledgeable employees.

Learn as much as you can about waivers - and do not assume a waiver you see in an article or one that a friend is using will protect you. Find an attorney who has experience writing fitness, sport, or recreation related waivers. Most attorneys have had little or no experience in this area. The fact that a waiver was written by an attorney is not a guarantee of its effectiveness, as evidenced by the fact that about half the waivers that fail were written by attorneys.

In an article written by John T. Wolohan 3/01/2007 he states:

As nearly everyone knows by now, in most states a well-written waiver, signed by an adult, can be an effective tool in protecting fitness and recreation providers from negligence liability. What is not so clear, however, is what happens when such waivers are entered into by a minor, or ratified by his or her parent on his or her behalf. The reason minors present such a difficult case is because as a general rule, minors can, before they reach adulthood, disaffirm any contract into which they enter. Since this general rule is not altered by a parent's signature, contracts involving minors are only enforceable if approved by a court.

The SCSH may have a signed waiver from a parent when the minor is using the fitness equipment, but this does not necessarily mean that the SCSH is completely safeguarded.

Your comments please.

Meeting notes from Monday 18th January, 2010

Items:

1. Should the Federal Government continue to subsidize Fannie Mae & Freddie Mac considering they have already received a $400 billion subsidy?
2. We have received from the HOA office three proposed changes in our operating rules and regulations for approval at the Board's meeting of January 25, 2010. What are your comments on the following items: a) fitness guest policy b) kitchen rules and procedures c) kiln room procedures.
3. Do you think President Obama's approach to using the International Atomic Energy Association (IAEA) as sanctions against Iran, in contrast to President Bush's approach for U.S. sanctions, is proper?

Notes:

1. There was considerable discussion about Fannie Mae and Freddie Mac with most in favor of continuing their existence, although nobody likes the unlimited amount of funds that will be pumped into them or the obscene amount of bonuses paid to top execs.
2. The discussion on the changes to the rules on kitchen and kiln usage were mainly common sense and the changes spelled out the rules in great detail. It was agreed that the use of the gym equipment should be restricted and all kids under 17. Health clubs have been enforcing an under 18 rule due to liability problems. Nobody likes the fact that there is a certain amount of abuse by a few individuals that make some of the fitness classes overcrowded because of the large number of guests that these individuals bring in. The use of the 50 passes was discussed and nobody was really sure that this would solve the problem.
3. The IAEA situation was discussed at length and I think that we all agreed that there is nothing we can do to stop Iran becoming a nuclear nation. We all know that the IAEA has no power and short of declaring war on Iran, we cannot stop them achieving their goals. Ben asked what right do we Americans have to dictate to sovereign nations what they can or cannot do. We would not allow it, so why should they.

The remaining items on the agenda were tabled for the next meeting on Feb 1st.

January 18, 2010

Mike Wilson, former Indio City Councilman, sent this out in advance of the Jan. 20 City Council meeting:

If you can make time please come tonight at 5pm or as soon as you can get there after to be seen and speak, if you want too, to the Council and people of Indio. The Golden Handshake should not be given to those that put Indio and us into the current financial implosion that Indio faces. We know Indio is at least 14 million in the hole and probably a lot more. The plan before the Council is a backroom, and a very dark backroom, sweetheart deal that allows those that have colluded in many hidden unthinkable acts to leave Indio with unimaginable retirements and us the Indio Taxpayers the bill for all the dirty deeds. Please forward this email to all of your contacts and friends. We need to fill the Chambers. If you think the Credit Card Debacle by Indio's leaders is bad, wait until the rest comes out. It is time to hold the Council and Administration Accountable and Responsible for their acts. While this deal will allow the Administration such as Glenn Southard, Steve Copenhaver, Dave Ison, Susan Mahoney, Tara Adams, and many, many, more to escape the embarrassment of their acts it will also leave those that are left, the rank and file hard workers, who have been here for many, many years giving of themselves to Indio's residents and earning it, the burden of most likely the biggest layoff's the City has ever seen. It appears that 40-50 more employees will have to be cut to bridge the budget gap that exists. There is no other Revenue sources that will save people. So, why should the rich get richer and the rest of us holding the bag? If people are to be laid off than lay off the "At Will" high salaried contracts first and than proceed. NO sweet deals for anyone.The Council and this Administration need to face the music just like everyone else. Thanks.

Desert Sun: 'Golden handshakes' draw comment. Ms. Pena mostly quotes the proponents.

There is more of a savings with the early retirement program than if the city were to just lay-people off because of how expensive severance pay could be with some employees, Adams said.

Thank goodness for the comments section below the article. Here are some astute remarks:

workinguy wrote:

I believe Mr. Southard is an at will employe and the council could simply discharge him, pay any accrued compensation and select a new manager with a more reasonable salary. The terms of Mr. Southard's employment should clearly call out what he is entitled to, if the council has given him anything that rembles a "Golden Handshake" then their collective judgement needs to be seriuosly examined.

and

SoundsRight wrote:

Increased contributions to PERS retirement is only a benefit to the city if the positions vacated by the recipients of the "golden handshake" are not replaced. Do you think the City Manager is not going to be replaced if he accepts the "golden handshake". Get real.

If you fill the vacated positions, you have increased the cost to the city for the enhanced retirements paid out for the life of the recipient. You are also paying for the current cost of the position filled. How does that save money?

I personally doubt that Mr. Southard and his 'lucky' cohorts would have placed themselves 'at will', given the concessions made by this gullible Council and given Ms. Adams statement about severance pay. This is a factual question. Why not merely allow Mr. Southard, so highly esteemed by this Council, to remain to the end of his contract?

Further, I wonder whether the added costs for early retirement of that contingent are entirely born by the residents of Indio or can Indio shift some of those costs to California residents outside the city?

1/27/10 update: email from Mr. Southard to Indio:

From: Glenn Southard Sent: Wednesday, January 27, 2010 2:42 PM To: City Council Cc: All City Personnel; Edward Kotkin

Subject: Retirement

I have decided to accept the Early Retirement Incentive effective April 1. This will save a significant amount of money for the city and hopefully make it easier to keep lower level employees. I will work with you on a transition plan. When I accepted the City Manager position I committed to 5 years. I have met that promise. During that time amazing and significant positive changes have been accomplished. The City of Indio has been transformed into a different place. This was achieved though vision, leadership, hard work and a great staff. The recent citizen survey shows high marks for what has been implemented. I have enjoyed the people of Indio and they will always be special to me. Gale and I will continue to live in Indio and be involved in the fabric of the community. I wish the Council and staff the best as they right size the organization to reflect the current economic realities. But make no mistake; Indio has a bright future! Bravo to all that have helped make Indio “The Place to Be”. Sincerely,

Glenn D. Southard

City of Indio

City Manager

I wonder how he could have accepted a 'golden handshake' a week before its enactment, unless the fix was in. I urge attendance at the Feb. 3 City Council meeting. See my earlier note about Indio.

The Desert Sun noticed the presumption and reported on it: Early retirement deal has yet to be approved and Indio City Manager Glenn Southard to retire.

1/29/10 update

Desert Sun: Indio to tap former finance director to 'right-size' city hall

Comments thereunder:

SoundsRight wrote:

What is the matter with those people? Why do you pay high salaries to administrative and management employees, only to have to hire a "part-time" outside consultant [at $14,000/month] to "fix" city hall? I'm sure that it is a coincidence that the consultant is a former associate of the outgoing city manager! When the taxpayers hear that they are paying "golden handshakes" to increase the retirement benefits of employees [for life]being encouraged to leave city service to "save" money, only to then hear that someone is being brought in from the outside at $14,000/month for 20 hours work per week they should be OUTRAGED.

and

carlitos wrote:

you can't even make this stuff up

2/5/10 update

Desert Sun: Indio council OKs 'golden handshakes'

Comment thereunder:

goldeng wrote:

CalPERS needs to review! Golden isn't ment for CMs! It doesn't seem to meet the requirements:

a. The member is employed in a specified job classification, department, or other organizational unit and retired within the period designated by the governing body. (The benefit CANNOT BE PROVIDED on the basis of employee organization or nonrepresented groups).

b. The governing body must certify that it is electing to be subject to the provisions of this section due to mandatory transfers, layoffs and/or demotions that constitute at least one percent of the job classification, department, or organizational unit.

c. The governing body must certify that it is the intention at the time Section 20903 becomes operative that any vacancies created by retirements under this section or at least one vacancy in any position in any department or organizational unit SHALL REMAIN PERMANENTLY UNFILLED thereby resulting in an overall reduction in the work force of such department or organizational unit.

2/4/2010 10:30:25 AM

The 3 hour Council meeting video is available, and it sheds some light on an ugly situation. Who is to blame for the mess? In one sense, we residents are, for electing a bunch of incompetents.

2/26 update: comment on No $300,000 salary for new city manager

beindio wrote:

We have Glen Southard at 300k a year. We also have 2 count em 2 assitant

city managers. Is that enough to run this huge metropolis of Indio?

No we need to hire a consultant at 14k a month to tell these 3 how to get the job done.

Geeeeez cant figure out why were broke.

I'm thinking Mr. Southard's pay is at the top in the nation for such work, a very dubious distinction, and approaching that of The President of the United States, at $400K.

January 4, 2010

Regarding Indio credit card kerfuffle:

Desert Sun: Public questions Indio's credit card use, comments on earlier article

Regarding health care reform:

Newsweek: What Health-Care Reform Will Mean for You

Regarding national ID card:

Wikipedia: Identity Documents

MSNBC: ISRAEL LAUNCHES BIOMETRIC AIRLINE SECURITY SYSTEM

5/13/2010 update: Newsweek: Immigration and IDs: A Modest Proposal