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PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A

PrintPrint EmailEmail Share Author: Prairie State Legal Services Last updated: March 2009 (Chapter 8 Section 1 of Senior Citizens Handbook) * The Elder Abuse and Neglect Act * The Illinois Domestic Violence Act * Self Neglect * Criminal Laws * Where to Get Help In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services. The Elder Abuse and Neglect Act The Purpose of the Act This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency. Any person making a report under the belief that it is in the senior's best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person's consent or by court order. Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters. Examples: Social workers, policemen, teachers, and doctors are mandated reporters. Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting. The Procedure When A

Riverside County Sheriff's Department v. Louis Zigman, Astrid ... Real party in interest and appellant Riverside County Sheriff's Deputy Astrid Megan ... for writ of administrative mandate filed by the Riverside County Sheriff's .... who is interrogated during a law enforcement agency's internal affairs ... Government Code section 3304, subdivision (b),6 makes it clear that a law ... www.morelaw.com/verdicts/case.asp?n=E043187&s=CA&d=38412 - 46k - Cached - Similar pages - [PDF] 1 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH DISTRICT ... File Format: PDF/Adobe Acrobat - View as HTML Real party in interest and appellant Riverside County Sheriff's Deputy Astrid ... petition for writ of administrative mandate filed by the Riverside County Sheriff's .... during a law enforcement agency's internal affairs investigation of .... which constitutes the administrative appeal guaranteed by Government ... www.courtinfo.ca.gov/opinions/documents/E043187.PDF - Similar pages - [PDF] SHERIFF-CORONER DEPARTMENT COUNTY OF ORANGE File Format: PDF/Adobe Acrobat - View as HTML practices, rather than through an external unfunded mandate. The Sheriffs Department is also subject to reviews and audits by many government agencies such as: ... completed internal affairs investigation. The Attorney General's Office ... Riverside and San Diego. Finally, through the Public Records Act. the ... www.ocgrandjury.org/pdfs/ocsd.pdf - Similar pages - About Lackie & Dammeier Michael makes his home in Orange County with his wife. .... Labor Experience: Chief negotiator and labor rep, Riverside Sheriff's Association, ... Mr. Lackie has extensive experience in internal affairs representation, ... including injunctions barring police agencies from violating the Bill of Rights. ... www.policeat

Federal Criminal Enforcement It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.

Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. These laws prohibit discriminatory treatment, including

What information should I include in a complaint to DOJ? Your complaint, whether alleging violations of criminal or civil laws listed in this document, should include the following information: Your name, address, and telephone number(s). The name(s) of the law enforcement agency (or agencies) involved. A description of the conduct you believe violates one of the laws discussed above, with as many details as possible. You should include: the dates and times of incident(s); any injuries sustained; the name(s), or other identifying information, of the officer(s) involved (if possible); and any other examples of similar misconduct. The names and telephone numbers of witnesses who can support your allegations. If you believe that the misconduct is based on your race, color, national origin, sex, religion, or disability, please identify the basis and explain what led you to believe that you were treated in a discriminatory manner (i.e., differently from persons of another race, sex, etc.). Reproduction of this document is encouraged.

6 - Chapter 1. Introduction  Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates  States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi

6 - Chapter 1. Introduction  Chapter 2. Homicides and Clearance Rates - 7 ACCORDING TO THE FEDERAL BUREAU OF INVESTIGATION'S (FBI) Annual Uniform Crime Reports (UCR) for 2005, the number of homicides in the United States increased by 4.8 percent compared to 2004-the largest single-year increase for homicides in 14 years. And, for June 2006 the trend continued, with preliminary UCR data showing that homicide increased by 0.3 percent, with a much larger increase of 6.7 percent in cities with populations of 1 million or more. While the number of homicides in the U.S. has fluctuated since the 1960s, the number of homicides being solved has decreased in that time. Homicide clearance rates have decreased by approximately 30 percent since the 1960s.Despite this overall national decrease, however, some jurisdictions have maintained their ability to solve homicides at a high rate. This chapter provides an overview of homicide rates and clearance rates in the United States. It discusses the effect of unsolved homicides on the department and the community. This chapter also highlights trends affecting homicide investigations and investigative factors associated with cleared homicide cases. Strategies for improving homicide clearance rates are examined, as well. OVERVIEW OF HOMICIDE RATES AND CLEARANCE RATES Since 1930, the FBI has annually collected data on the number of crimes reported from more than 17,000 law enforcement agencies in the United 2 Homicides and Clearance Rates  States and the number of crimes that are cleared by an arrest. The FBI releases this information to the public through its UCRs. For the purposes of the UCR, a crime is considered cleared if at least one person has been 1. arrested, 2. charged with the crime, and 3. handed over to the courts for prosecution.1 The UCR also considers some cases cleared when certain "exceptional means" are met. For a case to be cleared by "exceptional means," the law enforcement agency must have identifi

Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).

Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some time as the senior population ages. Recent increases in Older Americans Act funding will support the creation of two additional social work positions. These positions are being filled. A third social work case manager will be hired on a temporary basis using one year planning grant funds recently approiied by the CA. Dept of Health Services to test a new integrated case management model in partnership with the RCRMC and other community agencies in Riverside County. That position will become permanent if Older Americans Act or Older Californians Act funding is available when the planning grant ends (June 03).

The three CTSA's (Coordinated Transportation Service Agencies) are mandated under federal and state law to develop and implement transportation plans for Riverside County. The Office on Aging conducts community needs assessments and public hearings on the transportation needs of seniors and adults with disabilities, and makes this information available to the CTSAs. -------------------------------------------------------------------------------- Page 4 Response to Grand Jury Report Page 3 * - - . The Advisory Council on Aging recently held a public forum on transportation issues affecting seniors and adults with disabilities in Riverside County, and heard extensive testimony from providers and consumers on current transportation programs and resources, and unmet transportation needs. This information was disseminated widely, and also provided a basis for advocating for improved transportation services for seniors and adults with disabilities in the plan that is developed and implemented by the CTSAs. Recommendation #3: Riverside County Transit Authority provides benches, route maps and bus schedules at all public bus stops. Office on Aging agrees with the finding, but has no direct control over Riverside County Transit Authority. This recommendation will be shared with the Advisory Council on Aging to be included in their advocacy efforts for improved and expanded transportation. The Council will ask RCTA to make improvements at bus stops. Recommendation #4: RCOOA immediately hire a minimum of three additional case managers to meet current and expected workloads. The recommendation will be fully implemented within the next 60 days. Case management is a top priority in the Board of Supervisors approved strategic plan for senior services. Hiring of new case management staff in the Office on Aging is always contingent upon available grant funds from the Older Americans Act and the Older Californians Act. Additional social work case managers will be needed for some ti

Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization

The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."

Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).

Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa

Page 1 1 June 19, 2006 Honorable Dirk Kempthorne, James E. Cason, Secretary of the Interior Associate Deputy Secretary Department of the Interior Bureau of Indian Affairs 1849 C Street NW Department of Interior Washington, D.C. 20240 1849 C Street NW Washington, D.C. 20240 George Skibine, Acting Deputy Assistant Secretary, Philip Hogen, Chairman for Policy and Economic Development Penny Coleman, Director, General Counsel Office of the Assistant Secretary of National Indian Gaming Commission Indian Affairs - Indian Gaming 1441 L Street, NW 1849 C Street NW Suite 9100 Washington, D.C. 20240 Washington, D.C. 20005 Honorable Governor Christine Gregoire Attorney General, Rob McKenna State of Washington State of Washington P.O. Box 40002 1125 Washington St. SE Olympia, WA 98504-0002 Olympia, WA 98504 RE: EMERGENCY REQUEST FOR TEMPORARY SUSPENSION (90 DAYS) OF CONSTRUCTION OF PROPOSED NOOKSACK TRIBAL CLASS II CASINO ON THE INTERNATIONAL BORDER, NEAR LYNDEN, WA, PENDING: 1. DUE DILIGENCE OF CRIMINAL BACKGROUND INVESTIGATIONS OF TRIBAL MANAGEMENT AND INVESTORS; 2. DUE DILIGENCE REGARDING FEDERAL SUPERINTENDENCE, TRUST STATUS OF LAND, REGARDING GAMING ELIGIBILITY; AND 3. UNAMBIGUOUS VIOLATIONS OF 42 U.S.C. 1981, 1982, 1983 AND 1985 (CIVIL RIGHTS VIOLATIONS) AFFECTING WHATCOM COUNTY CITIZENS, ADJACENT LANDOWNERS, AND NOOKSACK TRIBAL MEMBERS. Dear Secretary Kempthorne, Governor Gregoire, et al, This letter requests your urgent attention to a project thus far approved by state and federal agencies that combines expansion of tribal governance, Indian gaming and international border vulnerability. The project is scheduled for ceremonial groundbreaking on or about June 18, 2006. As Chair of our national organization, I was invited to inspect the project location, met with several Nooksack tribal members, and community members in Lynden, Washington (Whatcom County). What I have seen and heard, and since researched, is alarming. Background. The project applicant, Nooksack Tribe of Wa

LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse

LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse

LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse

In defining case closure, often referred to as case "clearance," the U.S. Department of Justice's Bureau of Justice Statistics has stated that "Law enforcement agencies clear or solve an offense when at least one person is arrested, charged with the commission of the offense, and turned over to the court for prosecution." In addition, cases can be closed through "exceptional" means -- which are often referred to as "administrative" case closures. Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender. In such circumstances, law enforcement must have identified the offender, possess enough evidence to support arrest, and identify the offender's location." Some of the circumstances that may permit exceptional clearances include the death of the offender; the victim's refusal to cooperate with the prosecution after the offender has been identified; the arrest or imprisonment of the offender due to another crime or crimes; or the offender's flight to another jurisdiction where extradition is not possible.[ Reply ] [ Edit ] « Back to Inbox [ Invite Others to this Conversation ] 1 - 1 of 1 ActionsInvite Others to this Conversation Leave This Conversation Message Propagation Path Initiated by Nye Frank People in this conversation (1)Nye Frank Diigo - Highlight and Share the Web!About Diigo| Help| User Forum| Blog| Tools| Contact| Terms of Service| Privacy| © Diigo Inc 2008 -- User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License

Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender

While it is thus true that this office generally defers to a law enforcement agency's classification of an investigation as active, inactive, or closed, fully recognizing that we have no statutory authority to order the agency to close an investigation for open records purposes , we have had occasion to question an agency's reliance on KRS 61.878(1)(h) and KRS 17.150(2), and its classification of an investigation as open, where several years have elapsed and the agency fails to provide an adequate explanation or otherwise meet its statutory burden of proof. See, e.g., OAG 86-80 (eight years); OAG 90-143 (one and one-half years); 02-ORD-20 (ten years). In so doing, we were guided by the language found in KRS 17.150(3), echoed in KRS 61.878(1)(h), and the statement of legislative policy that appears at KRS 61.871, declaring that "free and open examination of public records is in the public interest" and that the referenced exceptions to public inspection must be "strictly construed" to promote the public's right to know. Underlying these decisions was the recognition that "[s]ecret police activity without some overriding justification is repugnant to the American system of government," OAG 80-54, p. 3, and that when an investigation has been inactive for an inordinate period of time, the public's interest in seeing an offender brought to justice may have to yield to the public's right to review the conduct of the police in discharging their statutory duties

While it is thus true that this office generally defers to a law enforcement agency's classification of an investigation as active, inactive, or closed, fully recognizing that we have no statutory authority to order the agency to close an investigation for open records purposes , we have had occasion to question an agency's reliance on KRS 61.878(1)(h) and KRS 17.150(2), and its classification of an investigation as open, where several years have elapsed and the agency fails to provide an adequate explanation or otherwise meet its statutory burden of proof. See, e.g., OAG 86-80 (eight years); OAG 90-143 (one and one-half years); 02-ORD-20 (ten years). In so doing, we were guided by the language found in KRS 17.150(3), echoed in KRS 61.878(1)(h), and the statement of legislative policy that appears at KRS 61.871, declaring that "free and open examination of public records is in the public interest" and that the referenced exceptions to public inspection must be "strictly construed" to promote the public's right to know. Underlying these decisions was the recognition that "[s]ecret police activity without some overriding justification is repugnant to the American system of government," OAG 80-54, p. 3, and that when an investigation has been inactive for an inordinate period of time, the public's interest in seeing an offender brought to justice may have to yield to the public's right to review the conduct of the police in discharging their statutory duties

This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud

This is the html version of the file http://contracabal.org/NewFiles/711-08-10-06-0317.pdf. Google automatically generates html versions of documents as we crawl the web. Page 1 © Copyright 2006 by Paul Trummel. Contra Cabal #711-08-10/06-0317-2011. Page 1 of 5 Dereliction and Collusion - City of Seattle Contra Cabal 711-08-10 Alleged Dereliction and Unlawful Collusion among Thomas A. Carr, Seattle City Attorney, his assistants Michael J. Finkle and Robert W. Hood, in a consort with Stephen A. M-tch-ll, a Council House administrator, his directors, and their lawyers. Seattle Jewish Mafia (SJM), a faith-based initiative similar to Al Quaeda, has destroyed Contra Cabal web site three times. It attempted to silence the author and to cover up elder abuse by Council House directors using unlawful means to prevent constitutionally protected speech. [Seattle Jewish Mafia] [Kill the Messenger - WIP] With similar intent, Seattle City Attorney Thomas A. Carr, has issued six criminal indictments against the author. He has attempted to intimidate, silence, and return the author to jail on trumped-up charges - charges similar to those used by Judge James A. Doerty to jail and place him in solitary confinement (2002). Doerty's decision now awaits review by Washington Supreme Court. [Supreme Court Review] Carr's behavior, as an elected official, ranks as truly kafkaesque. In an attempt to preempt the Supreme Court decision, he has evidently tried to pervert the course of justice. Fabricating or interfering with evidence and threatening or intimidating witnesses both classify as criminal offenses punishable by a jail sentence. SJM has shown a pattern of racketeering (defined by the Civil Rights Act and RICO statute). A RICO pattern means two or more organized criminal acts which indicate ensuant activity. Those acts include conspiracy to commit crimes of coercion by wrongful use of force or fear. Instead of challenging the perpetrators, Carr and his team of lawyers have collud

Problems with the Legal System Problems with law enforcement (19%) were viewed as barriers to service delivery for APS clients and were manifested in such areas as: lack of training for law enforcement staff, inadequate criminal investigations, low rates of prosecution, and unwillingness of the courts to deal with APS issues. One state mentioned that no single agency had authority to investigate allegations of adult abuse, neglect and exploitation and that coordination among agencies was problematic. Another state mentioned that neglect and exploitation cases may sit in the prosecutor's office for six to nine months with no action. A lack of coordination and collaboration between APS agencies and law enforcement was mentioned by several states.

LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial

The National Center for State Courts, working alongside the members of the Elder Abuse and the Courts Working Group, is involved in a number of follow-up activities to develop services the courts can use. For more information on the Elder Abuse and the Courts Working Group, con-tact Brenda Uekert, Ph.D. (buekert@ncsc.dni.us) of NCSC's Research and Technol-ogy Division. -------------------------------------------------------------------------------- Page 3 3Courts looking for the latest information on ways to improve jury service can turn to a new edition of Jury Trial Innovations (JTI), the National Center for State Courts' best-selling guide to techniques used nationwide to make jury service more appealing to the public and to help jurors become more effective decision makers. This new edition was updated by G. Thomas Munsterman and Paula L. Hannaford-Agor, of NCSC's Center for Jury Studies, and G. Marc White-head, chair of the Jury Initiatives Task Force of the American Bar Association's Section of Litigation, who were editors of the original edition published in 1997.This new edition looks at innova-tions courts have tried in the decade since the first edition was published, especially those involving the model of "the interactive juror"-that is, innovations focused on how jurors organize information, how to keep jurors actively involved in trial proceedings, The new edition of Jury Trial Innovations will be available in July 2006 and can be ordered through NCSC's online bookstore accessible through the "Communications" page on NCSC's Web site (www.ncsconline.org).NCSC Updates Jury Trial Innovationsand how jurors test what they see and hear against their own beliefs and values. After exploring "How Jurors Make Decisions: The Value of Trial Innovations," JTI discusses innovations in six areas:1. Jury Administration and Management 2. Voir Dire3. Pretrial Management4. Trial Procedures5. Jury Instructions and Deliberations6. Post-Verdict Co

Results 1 - 10 for County supervisors policy or procedure violations has been implemented with Safesearch on. (0.25 seconds) Ads by Google Enforce Company Policies Monitor Internet, Email, IM & More. Keep employees honest & productive. InterGuardSoftware.com Need Policies & Procedure Generate custom HME policies and procedures in under 2 hours www.dmemanual.com Supervisors Find practical business information on supervisors. www.AllBusiness.com Custom Search [ PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML policy exists in the Code Enforcement Policy and Procedure Manual identifying ... from the time of the original code violation until abatement has been .... The recommendation has been implemented. Code Enforcement staff has been ... www.clerkoftheboard.co.riverside.ca.us/agendas/2005/2005_09_13/03.03.pdf [PDF] 43 of 57 Review Of County Government Reason for the Report File Format: PDF/Adobe Acrobat Management has failed to document policy/procedure violations. .... been inconsistent across departments. The Board of Supervisors feels strongly that .... Response to Recommendation 2: The recommendation has been implemented. The ... co.el-dorado.ca.us/grandjury/pdf_2003-2004/bosresponse_ctygovt.pdf Code Compliance Enforcement County code violations do not always result in enforcement action. ... Some enforcement decisions are based upon Board of Supervisors' policy, such as the 2002 board ... That procedure, established in 2006, requires that certain types of violations be reported to .... Response from the County: HAS BEEN IMPLEMENTED. ... www.co.santa-cruz.ca.us/grandjury/GJ2008_responses/1-1%20Code%20Compliance%20Enforcement.htm [PDF] SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE ... File Format: PDF/Adobe Acrobat - View as HTML abehavior related to one's performance or conduct in violati

Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender

Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender

Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender

1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 C

1. Santa Clara County crime-victim services in turmoil | MercuryNews ... 3 posts - Last post: Apr 20 Also the Riverside County Supervisors use unclaimed victim funds to other programs. When you have one agency in too much control you invite ... forums.mercurynews.com/.../santa-clara-county-crime-victim-services-in-turmoil - Cached - Similar - 2. IE Chatter: Riverside DA Rod Pacheco Embroiled in Controversy And why is the victims funds under a privacy act in Riverside County? ... funds denied to Lee Frank the unclaimed funds the county takes after 3 years of being unclaimed. .... Its a hate crime with the officials back turned on a elder. ... www.iechatter.com/.../riverside-da-rod-pacheco-embroiled-in-controversy.html - Cached - Similar - 3. [PDF] RESOLUTION NO. 2005- RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ... File Format: PDF/Adobe Acrobat - View as HTML county treasurer to perform on its behalf the disbursement of these funds. ... collected on behalf of victims that have been unclaimed for three or more ... This letter is to request the disbursement of funds, from the Victim's of Crime Restitution ... Agriculture, to purchase a building at 1306 Riverside Drive. ... www.co.lassen.ca.us/govt/dept/county_clerk/.../DO_9143.pdf - Similar - 4. San Bernardino County News for July 2009 - Topix Jul 10, 2009 ... A recent grand jury report says Riverside County could save money by ... Glenn Created: 07/14/2009 01:54:54 PM PDT A homicide victim whose body was .... FBI investigating fatal blast at a San Bernardino County home as a hate crime ... of a 66-year-old woman whose body has gone unclaimed for 10 days. ... www.topix.com/county/san-bernardino-ca/2009/07 - Cached - Similar - 5. LIST OF NEW UNCLAIMED FUNDS FOR THE LAST SIX MONTHS STASTNY RICHARD, 315 RIVERSIDE DR APT 17D, NEW YORK, NY, 10025. 37400735/31002275 .... STATE OF NY CRIME VICTIMS BOARD 845, 845 CENT

The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi

The signs and symptoms of domestic violence for people with disabilities are similar to those of other forms of domestic violence. They may include physical violence, sexual assault, and emotional and/or psychological abuse. Victims with disabilities face unique barriers: * The abuser may be the victim's intimate partner, parent, or child as well as the primary caregiver. * The abuser may be the sole sign language interpreter. * Service availability and accessibility may be limited. * Providers and others may not understand the victim or the victim may not have language skills to describe the abuse. To exert power and control, the abuser may: * Isolate the victim from family, friends, and other community members. * Refuse or fail to provide basic life necessities such as food and water, medication, personal hygiene care, shelter, and comfort. * Threaten the victim with total abandonment. * Refuse to transport the victim to essential medical appointments. * Withhold financial support or deposit the victim's funds into their own personal account. * Withhold the use of their TTY device. As a victim with a disability, where can I find help in New York City? Legal Rights In New York City, it is against the law to intentionally cause physical injury to someone or put someone in fear of physical injury. Victims of domestic violence who are in danger should call 911 or have a friend or neighbor call 911 immediately. Victims may also go to the nearest police station for help. Hotlines New York City's 24-hour, toll-free, all-language Domestic Violence Hotline can help victims of domestic violence with disabilities to find appropriate support and shelter services. The domestic violence hotline maintains a comprehensive list of service agencies in New York City to meet the specific needs of all victims. Please call the hotline at 800-621-HOPE (4673) or TTY 800-810-7444 for more information. Barrier Free Livi