Tuesday, July 31, 2012

Mitt Saved the Olympics? And Hannity is a God...

I am really disappointed to see the Olympics interspersed with athletes touting Mitt Romney for President.  Kind of Classless, if you ask me. 


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FOIA Update and Pencader Hires New Counsel

Ms. Beukema-Scheinberg:
We sent your complaint to the Pencater directors and their then-legal counsel and received no response. As you probably know, that counsel has withdrawn his representation and Pencater just yesterday retained new counsel. We are forwarding your complaint to her for Pencater’s response and are asking for the response in ten business days.
Best regards,
Kent Walker
Deputy Attorney General
Delaware Department of Justice
820 French Street, 6th floor
Wilmington, Delaware 19801
Ph. 302-577-8306
Fax 302-577-6630
kent.walker@state.de.us

Confidentiality Notice: This electronic message and any attachment(s) are confidential and may be subject to the attorney/client privilege or work product immunity, or both. This e-mail is only for the use of the intended recipient(s). If you have received this e-mail in error, please notify the sender immediately by replying to this e-mail, then delete this message and any attachment(s) from your system. Any unintended transmission expressly shall not waive the attorney/client privilege or any other privilege.

It has been reported to me that Pencader's new counsel is Adria Martinelli of Young, Stargatt, Conaway, and Taylor.

From http://www.youngconaway.com/adria-b-martinelli/
Adria counsels and represents employers and management on a wide range of labor and employment matters. She specializes in the defense of employment discrimination lawsuits, including Title VII, ADEA, ADA, FMLA, and retaliation. Her litigation experience includes state and federal lawsuits, labor arbitrations, and administrative proceedings involving discrimination and harassment, retaliation, and common law claims. She served as first chair in a federal bench trial including discrimination and retaliation claims, in which all claims were dismissed against her client.

In addition, Adria counsel employers on a broad spectrum of employment-related topics such as employee discipline and termination; internal complaints and investigations; employee leaves of absence and absenteeism; and employment policies and handbooks.

Adria is a regular speaker on employment-related topics. She has presented to national audiences on Family/Caregiver Discrimination and Pregnancy Discrimination, and the Genetic Information Nondiscrimination Act (GINA). She also trains individual employers in various areas of employment law, including sexual harassment, performance evaluations and documentation, and exceptions to at-will employment.
In addition to employment law topics, Adria has litigated and counseled on Delaware’s procurement laws and Freedom of Information Act.
She serves as an editor of the Delaware Employment Law Letter, the only monthly newsletter in Delaware written exclusively for Delaware employers. She is also a regular contributor to the Delaware Employment Law Blog and a guest blogger on the Sloan Work and Family Research Network Blog.

Memberships and Affiliations

  • Who's Who in Work and Family, Sloan Work and Family Research Network (Boston College)
  • Delaware State Bar Association, Labor and Employment Section, Member
  • American Bar Association, Labor and Employment Section, Member
  • Delaware Office of the Child Advocate, Guardian ad litem (2003-2004)
  • Family & Workplace Connection, Board of Directors, Member (2006-2009)

 
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Contact Info for the Pencader Board of Directors

But, don't worry, we've mananged to put most of it together...

Pencader Board of Directors
Abraham Jones  abraham.jones@comcast.net;
Daphane Davis  learninglinkage@gmail.com;
Jemuel Anderson jay.anderson@pcs.k12.de.us;
Judi Kennedy judi.kennedy@pcs.k12.de.us;
Kim Clemmons kim.clemmons@va.gov;
Steven Quimby steve.quimby@pcs.k12.de.us;
Vincent DiMauro, President of the Pencader Board vdimauro@integrateglobally.com
Charles Evans - Unable to Find an Email for Mr. Evans.  If you know it, please drop it in the comments below...

I believe we may be missing one board member - please let us know who we may have left off the list...

And Board, please direct Adam Lewis to update your website! 





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Monday, July 30, 2012

241 - The Business Definition of Profiteering and a Class A Misdemeanor

Definition

Disproportionately large or grossly unfair profit, generated often through manipulation of prices, abuse of dominant position, or by exploiting a bad or unusual situation such as temporary scarcity. There is usually no governmentalcontrol over profiteering unless it involves illegal means.


Read more: http://www.businessdictionary.com/definition/profiteering.html#ixzz22A9kjSWU

A public servant is guilty of profiteering when, in contemplation of official action by the public servant or by a governmental entity with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public:
(1) The public servant acquires a pecuniary interest in any property, transaction or enterprise which may be affected by the official action or information; or
(2) The public servant speculates or wagers on the basis of the official action or information; or
(3) The public servant aids another person to do any of the foregoing acts, intending to gain thereby a personal benefit.
Profiteering is a class A misdemeanor.
11 Del. C. 1953, § 1212; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;

UPDATE - Thanks for the tip TC on the sentence for misdemeanors!

§ 4206. Sentence for misdemeanors.

(a) The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate.
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Pencader's tax exempt status revoked, what's the impact?

Disclaimer - I am not an attorney or tax expert and this is not legal or tax advice. It's just informational for interested parties.  All information below is public information and can be found through either a thorough search of the internet or following the links provided.

As last Thursday's Public Board Meeting, the Pencader School Leader mentioned to the board of directors that the school's tax exempt status had been revoked because the school had not filed its 990 since 2007.  What wasn't mentioned was the impact of such a designation for donors to the school. Actually, it was made to sound as if this were a pretty minor matter.  Only - it's been an ongoing matter for a year, at least - the revocation occurred May 15, 2011.

Time to Check Guidestart.org - "GuideStar was founded to promote nonprofit transparency and to provide a central repository of nonprofit information that donors could use to guide their giving decisions. Although both our audience and the ways in which we deliver nonprofit information have expanded over the years, our belief in the importance of transparency has never wavered."

A Guidestar.org search for Pencader states:

This organization's exempt status was automatically revoked by the IRS for failure to file a Form 990, 990-EZ, 990-N, or 990-PF for 3 consecutive years. Further investigation and due diligence is warranted.
Learn more
A more detailed report is available from Guidestar at http://www.guidestar.org/organizations/20-0388633/pencader-education-association.aspx. Be sure to note that the EIN Number on this report matches the EIN Number on the Pencader Annual Giving Media on the schools website, http://pencadercharter.net/busfin/sites/default/files/page/ajax/documents/Annual%20Fund%20at%20Pencader%20with%20Border%20%282%29.jpg

The February 2012 Board of Directors' Public Meeting Minutes address this discovery:













I do not believe that this was the first the school had learned of the failure to file taxes.  During a meeting I attended as a volunteer (the unpaid kind) back in August/September 2011, it was shared then that the taxes had not been filed - a revelation of the finance audit completed during the Spring/Summer of 2011- yet the Annual Fund Campaign was given the go ahead as the matter was soon to be resolved.

Pencader officially kicked off its Annual Campaign at the Titan Award Ceremony in September 2011.  The school accepted donations and sent thank you notes to the donors.  The media created for the campaign states that "Pencader is a 501c3 and donations are tax-deductible."  The School's EIN number is printed on "The Description of the Annual Fund" document located beneath the school's Giving tab on the website. 

In the very least, the campaign should have been suspended as soon as it was learned that school had lost its tax exempt designation and the campaign materials should have been edited accordingly or simply removed from the website.  Yet, today, July 30, 2012, the campaign materials advertising donations as tax-deductible persist on the school's website.  These documents have been archived by a third party and screen shots have been saved.

There was in February and there is still an obligation that Pencader has yet to fulfill - notification of the revocation status to donors. Guidestar states:

Donor FAQ

Do I need to be aware of the revocations?
You do if you take the charitable gift deduction on your income taxes. Before making a contribution, you will need to confirm that the nonprofit receiving it is still tax exempt. Otherwise, the IRS may disallow the deduction, and you may be required to pay a penalty. You should check on GuideStar or the
Automatic Revocation of Exemption List on the IRS site to confirm the nonprofit's status.
Visit the Automatic Revocation of Exemption List - http://apps.irs.gov/app/eos/pub78Search.do?searchChoice=revoked&dispatchMethod=selectSearch
Type 20-0388633 in the EIN Field, Hit Search. It will take you here:
http://apps.irs.gov/app/eos/revokeSearch.do?ein1=20-0388633&names=&city=&state=All...&zipCode=&country=US&exemptTypeCode=al&postDateFrom=&postDateTo=&dispatchMethod=searchRevocation&submitName=Search
Click on Pencader Education Association to see the Revocation Date - May 15, 2011, Posting Date - February 22, 2012

If you made a donation to Pencader after May 15, 2011 - you will need to call IRS Customer Account Services at (877) 829-5500 (toll-free number), have the date of your donation and the EIN ready.  Customer Account Services will help you determine whether or not your donation was deductible.  Chances are, especially if you donated after February 22, 2012 that your donation was not deductible.  The IRS will advise you on how to proceed.  (I know b/c I called and spoke with Ms. Duttley, ID# 1000739047)

The following donors are listed on the schools website - http://pencadercharter.net/busfin/node/98

Foreaker Construction, owned by Josh Foreaker, built the PCHS Guidance Center. Please visit his company’s website. Thank you Josh!

Silver Circle -Donors of $1,000 or more
Robert and Ann Lewis
Robert and Harrie Ellen Minnehan
Rodolfo and Alma Tanjuakio


Friends of Pencader Donors
Ray Arzinger
Jenny Aunet
John and Laura Baker
Karen and Alan Beatty
Jenna Beatty
Terry Blanch
Alicia Blevin
Emily Burnham
Ronald and Mary Carbine
John and Donna Chandler
Tom Colpo
Karen Dickens
Amanda Fraser
Dr. Daniel Freeman
Kate Frysinger
Good Deals, Inc.
The Gregor Family
Keith Harris
Beth Heck
Alan and Leslie Hodesblatt

Larry Isakoff
Dr. Abraham Jones
Shawn Klapinsky
Jeanette and Theodore Lawson
Rita Malhotra
Roy and Nancy Muller
James and Elizabeth Nolan
Kelly Quinn
Scott Rafetto
Catherine Scott Riggs
John and Debbie Reed
Robert Schumacher
Anika Smith
John and Diane Stott
Ken and Tammie Sylvia
Mary Szczuka
Ann Terranova
Brett Townsend
Elizabeth and George Walker
Victor Yu



 So, I am left with just one question - Where are the donated funds and how was the money tracked and accounted for?
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Pencader's Annual Fund Media

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Sept 2011 Pencader Pitch

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Council of Nonprofits weighs in on Tax Exempt Status Revocation

http://www.councilofnonprofits.org/revocation

Automatic Revocation of IRS Tax-Exempt Status for Nonprofits

On June 8, 2011, the Internal Revenue Service (IRS) released a list of more than 275,000 nonprofits that had their tax-exempt status automatically revoked due to failure to file annual returns. Read an overview by type and location of the organizations that lost their tax exempt status in June 2011. ...

What does it mean to have your tax exempt status revoked?
  • It means that your nonprofit is no longer exempt from federal income tax and will have to pay corporate income tax on annual revenue.
  • The organization may also be subject to back taxes and penalties for failure to pay corporate income taxes as of the effective date of revocation.
  • It may also mean that any state tax exemptions that your nonprofit received – such as exemptions for income tax, property tax, and sales/use tax -- that are dependent on federal tax-exempt status, may also be revoked now.
  • And it means that your organization will not be listed in IRS Publication 78, Cumulative List of Organizations described in Section 170(c) of the Internal Revenue Code of 1986, which is the official list of organizations eligible to receive tax-deductible charitable contributions.
  • Additionally, this means that donors will not be able to receive a tax deduction for their gifts to the organization after the revocation date.
  • Finally, most private foundations are unlikely to give a grant directly to nonprofits that are not tax-exempt because their guidelines normally require grantees to be recognized as tax-exempt public charities, since federal tax law imposes an excise tax on the foundation for grants made to organizations that are not tax-exempt.
  • What Should you do now?
  • Governance: Convene the board of directors to determine what the organization will do.
  • Staff: Make sure that all staff (and volunteers, as applicable) understand what has happened and the significance of the revocation of tax-exempt status.
  • Messaging: Make sure that the nonprofit’s website, and all other communications, are transparent about the fact that the organization is not tax-exempt. For example, remove any messages that state that donations to the organization are tax-deductible to the donor, or that describe the organization as tax-exempt.
  • Donor relations: Be proactive about communicating with your donors and transparent in explaining that while donations given before the effective date of revocation are still deductible, future gifts are not, until such time as the nonprofit receives recognition from the IRS that is it once again tax-exempt. If your donors need more information on the deductibility of their gifts, refer them to IRS Publication 557. Donors to section 501(c)(3) organizations may rely on the organization’s determination letter or listing in Publication 78 to deduct contributions until the IRS publishes a notice on IRS.gov that the organization’s 501(c)(3) exempt status has been revoked.
  • Recordkeeping and tax compliance: Make sure records are kept on revenue sources so that the nonprofit will be well positioned to file the appropriate tax return and pay the income taxes for the period of time that the nonprofit is not tax-exempt.
  • Research the options, which may include:
    • Re-applying for tax-exemption (if regaining tax-exempt status is important.)
      • Note that this will require a lot of time (the IRS estimates that it takes well over 100 hours to fill out the Form 1023 (or 1024), Application for Tax-Exemption), and
      • Money for filing fees: While filing fees are generally $400 or $850, the IRS is offering special relief to eligible organizations (those with generally less than $50,000 in annual gross receipts) of $100, as long as the application is postmarked 12/31/2012. Other groups will have to pay an application fee of either $850 or $400 depending on their annual gross receipts during the preceding four years. Read about exempt organization user fees.
      • Fees paid to a lawyer or accountant to help you file the forms.
      • Patience and time: The review process at the IRS takes between 6-9 months on average. Nonprofits applying for reinstatement should write either "Automatically Revoked" or "Notice 2011-43" on the envelope with their forms to ensure that the application is routed to a specialist who can assist.
    • Know the impact on state tax exemption: Your organization’s tax-exempt status at the state level is most likely dependent upon the IRS determination of tax-exemption. Consequently, once you learn that the organization is no longer recognized as tax-exempt by the IRS you should contact the state agency responsible for issuing determinations of tax-exemption for state taxes, such as sales/use tax and property tax (as applicable to your organization) and be transparent about the IRS revocation with that agency.
    • Nonprofits that re-apply may request in a letter to the IRS that the reinstatement of their tax-exempt status be retroactive to the date of their original tax-exempt recognition, but the IRS will grant that request only if it determines that there was “reasonable cause” for the nonprofit to have missed the filing deadlines. Make sure to carefully follow the instructions on the IRS website for requesting “retroactive reinstatement” of your organization’s tax-exempt status.
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    Could your nonprofit lose its tax-exempt status by Nolo, Law for All

    Could Your Nonprofit Lose Its Tax-Exempt Status?

    Termination of your nonprofit's tax exemption is unlikely, but it's not impossible.

    If you're like most people affiliated with a 501(c)3 nonprofit organization, you'd rather be serving your community or championing your cause than worrying about the latest IRS requirements. But virtually all IRS publications dealing with nonprofit matters make sure to remind you that noncompliance with tax laws and IRS Regulations can result in termination of your nonprofit's tax exemption. Is this just a scare tactic, or is the threat real? (Note: For information on a new IRS filing requirement that could impact your nonprofit and its ability to maintain tax-exempt status, see Nolo's article Many Nonprofits Must File IRS Form 990-N to Stay Tax-Exempt.)

    Fortunately, a look at history shows that a nonprofit must engage in some truly egregious conduct to lose its 501(c)3 tax exemption -- basically, it must act in such a way that it fails to carry out its exempt functions. For example, a nonprofit could lose its tax exemption by spending all of its time and resources running a for-profit business that's unrelated to the organization's exempt purposes or by diverting contributions, grants, and other income to personal use.

    How often does this happen? According to some recent statistics from the U.S. General Accounting Office, in 2001 the IRS made a total of nine revocations of tax-exempt status -- that's nine out of over one million nonprofits that lost their status. There's probably a better chance that your nonprofit's office will be hit by a meteor.

    Odds aside, this doesn't mean that you can freely flout the tax laws. The IRS can -- and often does -- impose fines, penalties, and back taxes on nonprofits that break the rules.

    And if the worst happens, and the IRS revokes your nonprofit's tax-exempt status, get ready for financial trouble. Your ex-nonprofit will be treated as a regular taxable corporation as of the date of revocation. This means all the income it receives will be taxable, and donors will not be able to deduct their contributions. (However, contributions received by the former nonprofit will be treated as nontaxable gifts made during the years the organization was considered to be tax-exempt.)

    But gifts obtained under false pretenses -- for example, in cases where donors were lied to about how the money would be used -- are taxable income to the ex-nonprofit. If that's not bad enough, the ex-nonprofit's officers and directors may have to pay excise taxes if they engaged in excess benefit transactions.

    For more information on making sure your non-profit stays in the good graces of the IRS, see Every Nonprofit's Tax Guide; How to Keep Your Tax-Exempt Status & Avoid IRS Problems, by Stephen Fishman (Nolo).
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    A Little Fleetwood Mac Palette Cleanser

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    Pediatricians & Formula Paraphernalia - A Bad Combination

    I am sort of bossy, but I try not to tell people how to do their jobs -- unless they are doing them wrong!  I have found myself twice in the last few weeks insisting that my pediatrician's office remove coupons for free formula from their check-out desk.


    Let me back up.  When we first moved to the Ft. Worth area seven years ago, we got a reference for a pediatrician, but only stayed there for about a year.  The last straw was when I went to pick up my kids' medical records and -- you might think I'm a bit of a fanatic at this point! -- they asked me to write my kids' names on a pad of paper shaped like a bottle with "Similac" down the side.  I refused to use the paper and asked for a regular piece of paper.

    Fast forward:  we've had the same pediatrician for about 5 years until she developed breast cancer.  I never saw any formula anything -- samples, coupons, or notepads!  When she got sick, they brought on a new doctor.  While I think she likes to hear herself talk, at least I didn't see any formula paraphernalia since she joined the practice.

    Low and behold, the doctor we used when we first moved here recently joined this practice too and now there are coupons for free formula!  Ugh.

    This is not an attack on people that formula feed.  I realize there are a million reasons why someone might want coupons for free formula, but again, that is not the issue at hand.  This post is about the pediatrician and whether or not they should display formula paraphernalia. 

    So why is this a problem?  First of all, the biggest problem that I see is that it's NOT pushing breastfeeding.  By the very nature of having the coupons at the check-out, it sends a message to the parents that formula is endorsed by the doctor.  Who can resist a "FREE" coupon for anything?  Breastfeeding is also free, but I don't see a sign anywhere that reminds the parents of this simple fact.

    "Please don't offer my mommy formula coupons unless she asks."

    It is well documented that breastfed babies have fewer trips to the doctor's office -- something that benefits them for a lifetime, not just as a baby.  When the pediatricians make a comment about never seeing my kids, I always point out that they were exclusively breastfeed with no formula.  I hope they make the connection, but it's funny when you have a teenager sitting on the table.  Do the pediatricians even recognize the difference breastfeeding makes long-term? So the question must be asked -- Do they push formula so they see the kids in the office more often and therefore, make more money?  Just a thought...

    When I said something to the receptionist the first time I saw the coupon, I definitely caught her off guard.  She didn't know what to say.  I wasn't letting it go, however, so she told me to hand her the coupons, obviously so she could end the conversation.  I asked if she was just going to put them back out the minute I walked out the door.  Pushy, I know.  While she said no, when I was back a couple weeks later, there they were!

    When I said something the next time to a different receptionist, I went into the whole story about being there for 6 years and never seeing anything about formula in the office until the newest doctor came on staff.  Again, silence.  They don't see the problem and they don't know what to say.  How can they not see that this promotes formula-feeding and sabotages the breastfeeding relationship?!

    Shortly after I posted about this on the BFBS Facebook page, a reader sent me a link to an Academy of Pediatrics statement on the distribution and display of formula materials in pediatrician offices.  Read it here.  It's all about the reasons why having formula materials in a pediatrician's office is a conflict.  I thoroughly enjoyed reading it and will be setting up an appointment with the head pediatrician to share it.

    Several people suggested taking the coupons and throwing them away, but this doesn't solve the problem.  Then the doctors and receptionists think there is such a demand, they just get more.  Correct me if I'm wrong, but I believe there is a kickback from the formula company for distributing the coupons.

    I told the last receptionist that since it's an area for "free" items, I'll bring her a stack of Resource Guides for the Tarrant County Birth Network promoting Mother-Friendly maternity care and plenty of great lactation consultants!  Again, silence.

    I believe that it is so important that we speak up about the messages doctors send to new and vulnerable mothers.  We cannot expect change to happen and the normalization of breastfeeding to occur unless we advocate for breastfeeding.  If you are reading my blog, birth and breastfeeding have likely had a huge impact on your life.  Don't be afraid to share that, even if it means defending and promoting breastfeeding to your pediatrician. 






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    Not-Spicy Asian Peanut Sauce Recipe for Kids

    For those of you following the blog, I am asking for a little patience.  We are in the process of moving and life is more than hectic right now, please forgive the short post, or any delay that may occur with next week's post.  Once we get settled into our temporary housing, (we will be moving again in 3 months), I have lots of wonderful posts and additions to the blog that I am really excited about!







    Okay, now that I got that out of the way, I want to share a new recipe I tried and adapted for our family.  As I have mentioned previously, I have been having some difficulty with my now 1 year old's (Ahh, I can't believe he's one!) eating.  Although, I haven't had to deal with concerns about Isaac's weight gain, it has been very stressful for me as a mom.  I have had to give myself little occupational therapy pep talks every day.  Things like, "You can't feed him pizza every night for dinner."  I am very grateful and pleased to say that Isaac's eating has been steadily improving.  Not to keep harping on it, but the Basic Strategies I lay out really are my guide and what I kept relying on with Isaac on a daily basis.  


    When I was at my wits end about a week or two ago, I knew I had to sit down and do a meal plan for the the whole family that would challenge Isaac just enough, but not too much that he would refuse to eat. I love to do meal plans, but with the all the chaos of moving, it just  hasn't been happening a lot lately.  I finally got it together but was nervous about one dinner in particular -- Asian night.  I had planned on making egg rolls (store-bought), brown rice, and shrimp stir-fry.  There wasn't any preferred food in this meal for Isaac and I wasn't sure how to incorporate one, especially since he only had a few foods I would consider preferred.  Then it dawned on me to make a sauce, separately.  I wasn't sure if he would respond better to the dry rice or a wet texture.  Isaac likes a lot of flavor and peanut butter (see my note below on feeding peanut butter to kids under 2) so I thought I would try an Asian peanut sauce, problem is they are virtually all spicy, really spicy. I adapted a recipe I found on Good Earth Peanuts.  This recipe is extremely forgiving, so feel free to experiment and use what you have on hand.






    Asian Peanut Sauce


    3/4 cups of peanut butter (I used Jiff, but I think natural would work well, too)
    3 tablespoons of low sodium soy sauce
    1 tablespoon of sesame oil (I think you can skip this unless you use natural peanut butter)
    1/4 cup of rice wine vinegar
    1/2 tsp of garlic powder
    1 tsp of hoisin sauce (optional)
    1/3 cup of water


    Whisk all ingredients together and then heat slowly over a low heat, stirring frequently.  Add more water or vinegar if you would like a thinner consistency.  Also, if you use a sugar free peanut butter, you may want to add 1-2 tbs of brown sugar.


    Seriously, this is so easy and tasty.  As you may have realized, I am not providing you with sophisticated gourmet recipes (I wish I had time for those).  The recipes I share on this blog are easy to put together and hopefully get you thinking a little out of the box when it comes to what you are having for dinner.  I want to inspire you to try something new or different with your kids!


    As for our dinner, Isaac devoured the sauce mixed in with his brown rice, and even ate some shrimp.  It was a good night for him (and me too)!  I do have to admit, Sam struggled through this dinner and didn't care for the peanut sauce very much, despite his love of peanut butter. He ate enough though, with a lot of encouragement.  You never know how it's going to go, until you try!


    I know people might question me on giving Isaac peanut butter before the age of 2.  In a nutshell, (sorry, can't pass up the pun) I have given peanut butter to my boys before the age of 1 because we don't have a family history of food allergies.  I introduced it slowly and am careful to how thick it is when they are young because it can be a choking hazard.   Some research shows that there is no evidence of reduced risk to allergies by waiting to introduce foods when a child is older.  Of course, you should always discuss these concerns and any questions you may have with your child's doctor.  


    If you are new to meal planning or looking for more inspiration Modern Parents Messy Kids has a whole series dedicated to the ins and outs of planning ahead. 


    What do you think, going to give Asian Peanut Sauce a try?  Follow me on Facebook so you can keep track of other yummy recipes I share on my page!








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    Sunday, July 29, 2012

    What is Forgery? A Felony, of course...

    Direct Quote from http://codes.lp.findlaw.com/decode/11/5/III/861

    DEL CODE § 861 : Delaware Code - Section 861: FORGERY; CLASS F FELONY; CLASS G FELONY; CLASS A MISDEMEANOR; RESTITUTION REQUIRED

    Search DEL CODE § 861 : Delaware Code - Section 861: FORGERY; CLASS F FELONY; CLASS G FELONY; CLASS A MISDEMEANOR; RESTITUTION REQUIRED

    (a) A person is guilty of forgery when, intending to defraud, deceive or injure another person, or knowing that the person is facilitating a fraud or injury to be perpetrated by anyone, the person:
    (1) Alters any written instrument of another person without the other person's authority; or
    (2) Makes, completes, executes, authenticates, issues or transfers any written instrument which purports to be the act of another person, whether real or fictitious, who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case or to be a copy of an original when no original existed; or
    (3) Possesses a written instrument, knowing that it was made, completed or altered under circumstances constituting forgery.
    (b) Forgery is classified and punished as follows:
    (1) Forgery is forgery in the first degree if the written instrument is or purports to be:
    a. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or a governmental instrumentality; or
    b. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporation, business enterprise or other organization or its property.
    Forgery in the first degree is a class F felony.
    (2) Forgery is forgery in the second degree if the written instrument is or purports to be:
    a. A deed, will, codicil, contract, release, assignment, commercial instrument, check or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
    b. A public record, or an instrument filed or required to be filed in or with a public office or public servant; or
    c. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or
    d. Part of an issue of tokens, tickets, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or
    e. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device for which a prescription is required by law.
    Forgery in the second degree is a class G felony.
    (3) All other forgery is forgery in the third degree, a class A misdemeanor.
    (c) In addition to any other penalty provided by law for violation of this section, the court shall require a person convicted of a violation of this section to make restitution to the party or parties who suffered loss as a result of such forgery.
    11 Del. C. 1953, § 861; 58 Del. Laws, c. 497, § 1; 62 Del. Laws, c. 241, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.;
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    NJ Letter Writer on Pencader - "Sometimes, reality is stranger...than fiction"

    Sometimes, reality is stranger – and funnier – than fiction.
    Pencader Charter’s leader, who got her doctorate from a notorious diploma mill, was told that three of her teachers were double-dipping (receiving state pensions and salaries).
    She pretended to fire them, but actually retained them as “independent contractors.”
    One of the teachers flouting the law this way was her husband, who got paid a whopping $6,450 a month (of taxpayer money) to teach one single class.
    The subject?
    “Morals and ethics”!
    One can only laugh.
    David Gertler
    Wilmington
    http://www.delawareonline.com/article/20120727/OPINION10/307270011/Charter-school-situation-funnier-than-fiction
    C&E 1st responds -
    Though the irony is not lost on the masses, there is nothing funny about the gravity of the situation at Pencader.  Its deeply disturbing when any school's reputation is driven into the ground.  As we all know from the Moyer Charter Debacle, schools in this situation are often left to whist in the wind. Will this too become Pencader's legacy?  There are good people out there who want to help Pencader.  The question that remains is will Pencader accept their assistance or continue business as usual?  No pun intended.

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    Saturday, July 28, 2012

    The Propaganda Machine Meets the Truth - When will the Mayhem Stop?

    Read Transparent Christina - http://transparentchristina.wordpress.com/2012/07/28/breaking-news-secret-communications-with-pencader-school-leader-released-in-the-wake-of-smilegate-pchs-netde/#comment-26003  Note the following text:
    The budget shows a very small amount of money allocated for lawyer fees in the 2012-2013 budget yet the lawyer fees for this year were many, many times more than that. How is this an accurate budget? There were several lawsuits left from the previous administration. These suits took a great deal of attorney input to end them in a way that benefited PCHS with no reprecussions; going forward, attorney’s fees should be minimal, but no 2012-2013 expected budget was presented. That process begins shortly, so we are not sure even where you think allocations for lawyer fees was presented. - email between Ann Lewis and Sarah Ster, June 29, 2012
    Then be sure to read the budget that Pencader presented to the state on May 30th, 2012 as required by DOE for failing to make the May 1 80% enrollment requirement for the upcoming school year - 2012-13. The school leader states that the "process begins shortly," a full 29 days after a "low enrollment" budget has been completed and submitted... And 2 days after Transparent Christina publishes the budget for the public view...


    John Young says:
    Check out the June 29th Ann Lewis email about UPCOMING budgets, then check this: http://transparentchristina.wordpress.com/2012/06/27/pencader-budget-submnission-based-on-missing-80-may-1-count/
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    Friday, July 27, 2012

    Dreaded Burden

    [Written as my speech for church]

    Psalm 38:4
    My guilt has overwhelmed me like a burden too heavy to bear.

    Last week my family and I went for a long 4WD landing us in a secluded beach area where boat and sea rubbish are washed ashore.
    Exploring the rocks we stumbled across one giant pile of dreadlocked ropes.

    What do you do when you stumble across a pile of dreadlocked ropes? You get a revelation and decide to take dreaded ropes to church to share.

    As I picked up a piece of rope and started dragging it upon the rocky surface I looked upon the mess and thought "this is heavy, like a burden".

    As I picked up the burden to place it into the back of our car I thought "yep, here I am holding a burden. A mighty. heavy. burden"

    As I finished putting the last of the tangled burden into the car, stepped back and brushed the sand off my hands & clothing I thought "Aahhh, that's much lighter" and shut the door.


    So what is a burden?
    A Burden defined is: something that is carried, something that is emotionally difficult to bear, a source of great worry, a stress, a weight, being weighed down, oppressed, loaded or overloaded.


    Throughout the week as I pondered these things and more the revelation or messages came clearer and stronger.

    As you look at these ropes it becomes clear that untangling this mess would take a whole lot of patience and hard work. We managed to pull one thick piece of rope off before giving up. I guess somethings are more important than untangling the messes in our lives.

    As you look at these ropes it is clear that they are well weathered and wrapped and rolled into a decievable bundle.

    You may not be able to tell by looking at these ropes but together they are really heavy and holding onto them day after day after day would eventually wear you down. Especially since there's no purpose in carrying and holding a pile of washed up old ropes in your daily living.

    But I guess for me, the thing that grabs me the most, is how you can not lift these ropes up to Praise Jesus. If you had enough strength to lift it up you couldn't hold it high enough for long enough to focus on Jesus.

    You NEED TO LET IT GO FROM YOUR HANDS SO YOU CAN LIFT YOUR HANDS TO HIM!!!!!


    Our burdens can be:
    Past, childhood, parents, sins, relationships, guilt, shame, fears, thoughts, lies, enemy, perceptions, falsehoods, relationships, finances, unforgiveness, even burdens that others place upon us, our weaknesses, and more. So. Much. More. There are literally a bounty of burdens each unique to us.
    What burdens you right now????

    Throughout the week I thought about the impact that burdens create upon our lives.

    While we are holding onto our burdens:

    Intimacy between spouses are hindered...

    Intimacy between children are hindered...

    Relationships with family, friends, acquaintances are hindered...

    Our ministries are hindered...

    Which means our churches, community and nations are hindered...

    Our lives suffer from the heaviness of our burdens.

    BUT...

    There is some good news on burdens:

    Galatians 6:2 "Carry each others burdens". It makes our burdens lighter.

    Psalm 68:19 "Praise be to the Lord, to God our Saviour, who daily bears our burdens."

    Matthew 11:28 "Come to me, all you who are weary and burdened, and I will give you rest."

    Galatians 5:1 "It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery."

    From here I would like to invite you to follow me outside, cast you cares before The Cross and maybe some people can pray for you if you are needing a bit of something more tonight.

    [How ever The Good Lord Leads!!]

    ETA: The thing went well. I did well. The cross now covers a whole church congregations burdens.
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    Wednesday, July 25, 2012

    DelawareEd Releases Transcripts of Pencader Pension Hearings

    Nichole Dobo at the News Journal has published the transcripts of the Pension Hearings held two weeks ago for two Pencader teachers.  I'm not going to editorialize these for you.  If you care about education, care about tax dollars, or care about Pencader's students, go read the transcipts for yourself.  Click HERE!
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    Tuesday, July 24, 2012

    Rest Peacefully, Mr. Curry, and May Your Spirit Carry Forward the Generosity of Your Heart...

    “Today’s service is about healing and reconciliation and the institution of family,” said Rev. Christopher Bullock, pastor of Canaan Baptist Church. “The deep roots of the Jamaican culture will be on display here as it relates to the strong connection of family. The fact that they are so strong and anchored in family and faith it will serve as a great benefit for today and beyond today.” 

    Mr. Curry was a generous member of our community who gave his heart to those whose voices  could not always be heard.  Although he was taken tragically and all too soon, his contributions will live on in the successes of those he supported. 

    It has become a sad C&E1st tradition to share this song with readers when we remember those taken all too soon.  "Fireflies" was a favorite song of a young man who has since left us, but whose story and tenacity has stayed with me always.
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    Philly Charges Charter Founder w/ Wire Fraud, Witness Tampering, Obstruction of Justice...

    Dorothy June Brown, 75, has been charged with defrauding three Philadelphia-area charter schools out of approximately $6.5 million.
    Brown, along with four current and former charter school executives were charged in a 62-count indictment. The four execs are charged with conspiring with Brown to obstruct justice.
    Brown allegedly used her private management companies, Cynwyd and AcademicQuest to defraud Agora Charter Cyber School and Planet Abacus Charter School. She is also charged with defrauding Laboratory Charter School of Communication and Languages. She founded Agora in 2005, Abacus is 2007 and Laboratory in 1997.
    According to the extensive indictment, fraudulent contract payments totaling more that $5.6 million dollars were made between Agora and Cynwyd. It goes on to say that Brown also allegedly made up documents, falsified board meeting minutes and fabricated contracts.
    She allegedly rewarded others to join in her conspiracy by rewarding them with prominent positions within the schools. She is also charged with wire fraud.
    The charges of wire fraud, obstruction of justice and witness tampering each carry a maximum possible sentence of 20 years in prison. The charges of conspiracy each carry a maximum possible sentence of 5 years in prison.  http://www.myfoxphilly.com/story/19100615/founder-of-several-philadelphia-charter-schools-charged-in-6m-fraud-scheme
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    Transparent Christina is rackin' up the comments...

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    Monday, July 23, 2012

    Finally, Helen, Someone is thinking of the children!


    Money was not the driving factor for returning to work at Pencader, Bob Lewis said. He did it because he loves working with children.He missed them after retiring from the Appoqunimink School District in 2002. He cares so deeply that he donates money to the school, he said, and spends many hours volunteering on weekends and evenings.“Money has never been the object. That’s not why I went back into the game,” Lewis said. “I went back into the game to work with kids.”
    Payments to Bob Lewis, made thought his company Educational Consulting, were for more than teaching services in 2011-2012, state records indicate.
    His company was also paid several thousand dollars for supplies, records in the state checkbook show. Bob Lewis said he didn’t know anything about payments for supplies.
    He suggested it was a coding error in the state checkbook system."And, like I said, if I had the opportunity to show you my actual invoices submitted, you’d see that there,” Lewis testified to the pension board July 11.
    The News Journal asked to see those invoices in a July 5 public records request that also seeks cashed checks, the school’s conflict of interest policy and other documents. The school’s assistant leader, Amanda C. Fraser, said in a letter sent July 17 the school was reviewing the public records request. - The News Journal, 7/22/12 
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    Teachers Subsidized Pencader's Budget while Others Got Sweetheart Deals!

    Troubled school

    Pencader is a public school near New Castle with about 430 students. It has a taxpayer-funded annual budget of more than $5 million. In the last school year, teachers there bought their own supplies, collected donations and scrimped as the school struggled to survive financially. The school was nearly closed by the state Department of Education last year because of those financial difficulties.  - News Journal, 7/22/12
    While Pencader teachers subsidized their school by buying their own supplies, and while volunteers  (the unpaid kind) worked to established an Annual Giving Campaign and collected funds for that campaign, the school leader, empowered with her diploma mill degree, was giving sweetheart deals to her spouse and friends.  Her husband collected more than $6,000 a month for teaching one class while another teacher was paid twice as much as her peers in the same department for less work. 

    Thus, while some teachers went out of pocket for the school they love, and three to four others were RIF'd (reduction in force) due to the lower than anticipated 2011 September 30th Count,  two respected peers collected off-scale payments totaling about $120,000/yr for their contracted services.

    Since both contracters were to collect more than $50,000/year, one must ask "Where is the RFP?" 

    Another Question - Did anyone realize that if the two contracters had been payed scale to their peers or at least paid only for their services and not above and beyond for things like volunteering, Pencader could have afforded two additional contractors or at least one more full-time employee.  Pencader could have reduced its RIF by TWO.  Wonder if it would have been beneficial to have a Guidance Counselor? Or an employee dedicated solely to the Co-Op class instead of the PTO president?

    Wonder if having those 1-2 additional bodies on staff (presumably qualified) would have reduced any of the thousands of dollars spent on Kelly Services.

    The Bottom Line - Pencader did not spend its tax-payer funded budget with transparency nor conservancy.  Instead, sweetheart deals were sanctioned at the expense of Pencader's students and their education. Just think - this school did well on its DCAS scores - imagine how much better those scores could have been if the students were put first by the leaders and the adults stopped playing "the game" *

    If you are not angry yet - You SHOULD Be!

    * "The Game" as used in the sentence:  “Money has never been the object. That’s not why I went back into the game,” Lewis said.

    If it's not about the money, Mr. Lewis, then Give It BACK!
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    Don't Drink the Kool-Aid!

    American women have drank the Kool-aid and have been completely brainwashed!  You know the Kool-aid I'm talking about:  The purple Kool-aid says that if the baby doesn't come out in 24 hours, it won't fit and the mom should be sectioned.  The red one says that if a woman is 40 weeks, she is overdue and the baby will die if she isn't induced.  The green Kool-aid says that an epidural is just an epidural.  And the orange one says that a cesarean is safer for mom and baby.  We won't even get to the Kool-aid that tells you that your baby can manipulate you!  The list goes on and on.  I just picked a few from some common American birth myths that I've heard repeated lately.


    DON'T DRINK THE KOOL-AI

    I just heard this story last night and I have permission to relay it here.  I am appalled that with such great birth choices, women are being sectioned 60% of the time not 20 minutes up the road from me.  Here's the story from the lactation consultant:

    Saw another "victim" of Dr. Seligman & MCA (Medical Center of Arlington) today. At 38.5 weeks, her baby hadn't dropped so Dr. S told her they needed to induce on Tuesday and she would probably need a c/s at 39 weeks. After 10 hours on pitocin, baby still hadn't moved down so Dr. S. told her that the baby probably wouldn't fit through her pelvis anyway, so they needed to do a c/s. Baby was born weighing 7lb 4oz, still covered in lanugo and has very little suck reflex. :-( Mom is starting the make the connection that baby was NOT ready to come yet. Said her mom delivered all of her babies at 42 weeks. Oh, and she said that Dr. Seligman's parting comment to her was "Next time we'll just schedule the c/s for 39 weeks and avoid all of this other nonsense." 

    This story really touched a nerve with me.  Frankly, her doctor is a complete idiot.  I feel horrible for the mom.  This is some bad Kool-aid she drank, but she trusted her doctor.  Very few don't trust their doctor and end up in the same situation.  He should not be practicing medicine.

    What about the woman that labors "too long"?  "It's barbaric to expect a woman to labor for 24 hours without drugs.  Put her out of her misery!  If she's labored that long, surely something is wrong.  She should just have a c-section."  There is another OB at the Medical Center of Arlington in Arlington, TX, Dr. Udell, that tells her "patients" that the only humane way to have a baby is via cesarean.  She laughs if a woman tells her she wants to have an unmedicated birth.  Yes, this OB is a woman, and no, she does not have children.  I only know one woman who has had a vaginal birth with her, and frankly, it's because the labor was so fast, the OB didn't have time to intervene.  Although she did find a way to get her flat on her back despite the mom wanting to be on hands and knees...

    I know of another OB in Mansfield, TX that routinely tells her "patients" that "nothing good happens after 40 weeks" and insists on induction at that time.  The baby must have a sticky note with the date circled in red ink on the side of the uterus so it knows just when it is expected.  It will be evicted by 40 weeks if mom is with Dr. W.  It is dangerous to stay pregnant another day!  Induce, induce, induce! 

    "An epidural is safe and you are crazy if you don't sign up for one." This Kool-aid tastes so good, mostly because we want it to.  It's just an epidural.  Nevermind the cascading interventions when a mom says she wants "her epidural".  IV fluids, catheterization, blood pressure cuff, continuous electronic fetal monitoring, possible internal fetal monitoring (which includes breaking water - I'll come back to this one in a minute), fever reducer, pitocin, is more likely to have an episiotomy and assisted delivery (forceps/vacuum), and ultimately, she is more likely to have a cesarean.

    I just want to mention briefly that I am hearing less and less about internal monitoring.  I honestly believe that we have become too blase about c-sections that everyone is just comfortable with going straight for the cesarean rather than use a more accurate form of monitoring.  Just an observation.

    And the cesarean Kool-aid... This is the biggest lie of them all.  "Cesareans are safe -- even safer -- for mom and baby than a vaginal birth."  Shame on anyone who believes this to be an acceptable -- and even preferred -- way to get the baby out.  Women are going in for surgery and have no idea how this will impact them or their baby for the rest of their lives.  Someone always has to jump in and tell me why they had to have a cesarean.  Yes, folks, I am very aware that a cesarean does sometimes save a life and sometimes the baby really can't get out on his/her own.  Very aware.  What is the rate where you live?  What is the cesarean rate at your closest hospital?  You should know these things.  What can you do about it?  We're getting to that.

    So many women (and men) feel defeated when it comes to the Kool-aid.  Everyone has drank it.  I think two things have to happen.  We can scream the truth from the rooftops, but that may or may not work.

    1)  We have to start with the younger generation.  Don't be afraid to talk about birth with them.  Talk to your sons and daughters.  Just casual conversations.  Tell them about the day they were born, how their birth was amazing and special.  Just hearing different words associated with birth makes the Kool-aid not taste so good when they do hear it in our culture. 



    2)  Get involved in making change happen.  You have to open your mouth, or at least get involved and help the people who are opening their mouths!  There is a rally being formed all across the country right now to take place on Labor Day, September 3, 2012.  Go to Improving Birth for details.  There may already be organizers putting a rally together in your community.  If not, YOU DO IT!  Change has to start with someone.  Why not YOU? 


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