Friday, August 20, 2010

Dealing With Public Service Ads on Your Website

Many of us start out with websites that we want to generate some income with, so we think that Google is the one and only solution to our desire or even our need to earn some extra money. And, it's fair to say that a lot of money can be made with the use of Google ads on one's website, but only if they work correctly. Money is made on these ads when relevant ads are posted on our website so that visitors can click on them and we can be compensated for every click! Unfortunately, a good deal of the time one will visit their website only to find that public service ads have been placed on their website by Google, and these ads don't pay at all when your visitors click on them.

You can report the fact that you have had a lot of public service ads on your website to Google, but generally there is not much that Google can do about it. The public service ads are placed on your website when relevant or targeted ads are unavailable, or when Google is simply unable to obtain information from the page to display relevant ads. This can be frustrating when for one reason or another ads that pay are not posted on your website continually. The reason that this is so frustrating is that you have only aligned yourself with Google AdSense to make some cash on your website, even if you are not profiting from it in any other manner.

Luckily, if you are tired of seeing public service ads on your website you CAN do something about it. You don't have to sit by and wait for Google to decide that you are worthy of those ads that pay! You can visit a website such as http://www.defaultads.com which will show you how to monetize public service ads and even alternate the ads shown when Google AdSense, or Chitika, and other content advertising networks cannot accommodate your needs with targeted ads on your webpage. This awesome website can help you out when you load all of your affiliate or other ads into DefaultAds when it quickly generates a link to include in your Google AdSense alternate ad URL.

This system will allow you to make money when you typically wouldn't be making any at all! The best thing about this system is that it is totally risk free. You don't have to worry about the content that will be shown as DefaultAds will only show their ads one out of every 100 impressions and they will be the same size, quality, and will even target the same category that you would target with the Google ads!

Saturday, August 14, 2010

Facts About Public Transport in Berlin

Berlin, the capital city of Germany, is famous worldwide for its historical sites, art museums and beautiful architectural structures. Travellers love to go to Berlin because aside from enjoying the fabulous tourist spots, the city has an amazing public transport system, which enables the visitors to explore the whole city. Aside from that, public transport Berlin is convenient for all tourists because the public transportation staff underwent language training, thus they can speak in English for the convenience of the travellers.
The biggest public transport system in Berlin is called Berliner Verkehrsbetriebe (BVG), and is known as the best mode of transportation when touring around the city. It has a three zone system which is interconnected, and requires you to give only one ticket when you ride the bus to underground, to surface rail and to tram.
The underground network in Berlin does not have ticket barriers. However, it is important that before travelling, your ticket must be validated. There are several spot checks along the way, and you would not want to get caught by the transport officials. So to be sure, you need to validate your ticket in the validating machine before you travel around.
BVG makes sure that tourists are having a fun time in exploring the city. Even during night time, many locals and travellers from all over the world ride the public transport Berlin because of the convenience and comfort that it brings. BVG continues to improve the services and facilities to keep the public transport system a success.
The second biggest transport service in the city is known as S-Bahn Berlin GmBH. It has fifteen lines and can transport daily of more than a million passenger. Just like BVG, S-Bahn Berlin makes sure that it provides excellent service to its passengers. And to encourage the use of buses and trains, it continuously improves its facilities and services. It also uses sulphur free diesel in order to promote a clean and healthy environment.
Another great way of getting around the city is through taxi. Taxi cabs can be found in airports, hotels, and all the main stations of Berlin. But if you want to drive around to explore the wonderful sites, you can use a car. The great thing about Berlin is that it has wide and long roads that are best for driving. And if traffic is your concern, you do not need to worry about it because the city has civilized traffic, so there are no traffic issues.
Now if you want to go around by bicycle, you will definitely have a fun time exploring the city. Berlin highly recommends cycling because aside from being easy to use, it is safe as well. There are various cycle lanes and they are separated from the cars to keep the cyclists isolated from the vehicles, hence you can be assured that driving your bicycle is safe.
Staying in Berlin is definitely a great way to enjoy your vacation. Travellers love to come back to this beautiful city because aside from the fabulous tourist spots and architectural structures, public transport Berlin is great and is a big help in making the tourists easily explore the whole city.

Wednesday, August 11, 2010

Data Management For Improved Government Services

Information is at the core of government activities. Managing data and ensuring it is as accurate and up to date as possible is critical for all levels of government in Australia, from local councils to state or federal departments.

Governments collect a wide range of personal information for a variety of reasons. Voting information, tax information, vehicle registration, criminal records, residency information, child safety -the list goes on and on.

Call centres, letters, email, face to face, citizens interact with government via multiple channels. The rise of e-government has also seen a massive increase in data collected via the internet.

According to Experian QAS government research "Almost 95% consider data quality to be a 'priority' or 'important' - but less than 60% have a data quality strategy in place."

However it is captured, the data government departments' possess is vital and the consequences of 'getting data management wrong' are both wide spread and severe.

1. PUBLIC SAFETY AND RISK MANAGEMENT

Imagine if a social worker arrived at a home to check on the welfare of minors in response to a report of abuse - and the address was wrong. Not only would this be embarrassing for the government department, it could also jeopardise the safety of the young people involved. This is just one of numerous scenarios where public safety could be at risk due to insufficient or incorrect data held by government departments.

There are multiple acts and guidelines pertaining to the mitigation of risk through personal information. For example, legislation relating to background checks on employees working with children, criminal records legislation including the National Offenders Register, public housing records, and elder care records. Even emergency services can be affected by improperly collected or maintained government records.

There are multiple acts and guidelines - from the National Privacy Act to state and local based guidelines on personal information and data quality, as well as legislation pertaining to the mitigation of risk through personal information.

2. REPORTING AND COMPLIANCE LEGISLATION

The introduction of increased levels of compliance and reporting place a greater onus on businesses, and government departments, to ensure they are regularly updating and maintaining accurate information within their databases.

For example, the Federal Government introduced privacy protection legislation in 2001 which proscribes that organisations have an obligation to uphold individual's rights to privacy by regulating the collection, usage and disclosure of personal information. Centralising all of the information a department holds about an individual and ensuring its accuracy is imperative to ensure compliance.

Legal requirements from Federal law state that Government departments must archive data for the past 25 years and demonstrate reasonable care in the maintenance of databases. As it is a well-documented fact that 17% of the Australian population move home every year, it immediately becomes obvious that a 25-year-old database will contain an inordinate amount of inaccurate data. Australia Post advises that every day over 9,000 addresses change.

According to the National Privacy Act, "An organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date." Therefore it is a matter of law that the public services has systems and processes in place to ensure the accuracy of data, both when it is initial collected and over the period of time the data is retained.

3. PROCESS IMPROVEMENT

While Government departments span an overwhelmingly diverse range of functions from education and human services through to emergency services, they share a single goal, the provision of quality services to the citizens of Australia.

Although Government departments operate on a decidedly different methodology to the corporate sector, the aim is to operate in the most efficient manner to drive value from the taxpayer's dollar.

Data quality is an aspect often overlooked by government departments, but one that can offer wide ranging benefits to departments across the board. Not only can the accuracy and validation of data prevent fraud and improve security, it enhances co-operation and sharing of information between departments and allows Government agencies to better interact with the citizens they serve.

For example, the quality of data retained by an agency can be instrumental in preventing fraud. Each address in Australia has a unique DPID code assigned by Australia Post. Government programs that overlap each other can use this code as a means to trace cross program involvement (ie. Community Services, Centrelink and Justice). Fraud can be detected via address verification as multiple claims from a single address will be identified instantly.

IMPROVING GOVERNMENT DATA MANAGEMENT

Successful data management requires a focus on deploying the right people, processes and technology and a focus on proactively managing data quality.

There are several steps government departments can take to improve data management and mitigate the consequences of poor data quality.

1. Determine how the data collected will be used. What will you be doing with the data collected? Are there new products, services, legislation that will arise in the near future that will impact on the type of data you need? For example, do you need just address information or are you planning on increasing communication via other methods such as email or phone? Determining what you want to do with the data, or may want to do with the data, ensures that you are capturing the right information from the beginning.

2. Where are the gaps? Look at the data you already possess and see where information is missing. What are the issues your department is most concerned about? How do you communicate these issues to your citizens? For example, a local council can analyse its citizens service utilisation and payment history to build a picture of the services used in the past and predict what they are likely to use in the future. Combined with lifestyle and geodemographic data profiling, the local council can better develop new services and improve communication with their citizens.

3. How good is your current data? Analyse your existing data to determine how well your existing processes are working to capture and maintain accurate data. Do you have multiple entries for the same person or address, how many incomplete records are in your system, how often are the records verified or updated? Once the quality of your current data is assessed, it will be possible to identify where the process is falling down.

4. Put new process in place Data is constantly decaying. Processes need to be developed and implemented to collect, clean and maintain data in a robust and future proof manner. Think beyond today when developing these systems to how you may need to collect and utilise data in the future.

5. Make technology work for you. Technology makes the daunting task of data verification, both at the point of entry and over the lifecycle of the data, much easier. There are tools to standardise the input of information and verify it at point of entry, tools to clean an existing database by verifying address data against Australia Post's Postal Address File (PAF), and even tools to profile your database based on lifestyle or geodemographic information to better target communication.

6. Measure your progress To ensure that new policies, procedures and technologies are providing improvements and return on investment it is necessary to measure the improvement and performance of your data quality on an ongoing basis. This will also offer you the opportunity to identify new areas which may need improvement or ways new technologies may be able to enhance the data quality even further.

WHAT IS THE G-NAF?

The development and launch of the nation's first index of physical addresses and geocoordinates for the corresponding parcel of land was engineered by the Public Sector Mapping Agency (PSMA) in 2004. The key objective of the Geocoded National Address File (G-NAF) is to provide the ultimate source for actual, physical address data.

The G-NAF is the collation of data provided by 15 government agencies, including Australia Post, Australian Electoral Commission and land and mapping agencies. All these data providers send their files of address data and geocoordinate information to the PSMA. These are then compared, given a confidence level depending on how many times that exact address appears on multiple sources and deduped. The ultimate aim is to create the authoritative national database for physical addressing in Australia.

BENEFITS OF GNAF TO GOVERNMENT

1. Service Provision (Federal & State level)

o By understanding where citizens are located, Service Providers such as Centrelink are able to plot their physical locations onto a map and immediately see if existing centres are close to clusters of those in need of assistance.
o A further example is NSW Health who are able to plot the location of citizens and the location of hospitals and doctors. It can then instantly view whether there is adequate service provision to those in need.

2. Local

o Allows more accurate planning as statistical data can be more closely aligned with areas of interest such as shopping centres or high school catchments. This would support more accurate socio-economic and demographic analysis which would in turn lead to improved government policy and delivery of services and support.

3. Emergency Response

o Streamline the incidence response processes and decrease response times
o Emergency crews can pinpoint the exact location of an address
o Houses under immediate bushfire threats can be located and warned with the aid of GNAF
o Beneficial in Counter Terrorism responses. With GNAF, authorities can ensure resources are immediately directed to exactly the right location.

CONCLUSION

Government exists to provide citizens with services in an efficient and cost effective manner. These services range from protecting the welfare of children to providing each household with recycling bins and everything in-between. Without accurate and up to data databases, governments will be unable to fulfil their core purpose and will risk failing in key areas such as risk management, public safety, fraud prevention and guaranteeing the privacy of its citizens. It is therefore critical that government department increase their focus on developing and maintaining quality data management processes.

Monday, August 9, 2010

How to Fix Public Utilities in Africa

Any person travelling to most parts of Africa will notice the level of infrastructural decay in the continent. From roads to electricity, public water system to waste disposal system, the continent continues to struggle to join the league of modern world by not providing necessary services to its citizens.

During the time of Africa's greatest generation, the legends of our 1960s that liberated us from colonization, we saw a continent on the path of continuous progress. It had a virtuoso agricultural system and was revamping the social amenities. Good and durable roads were built and Africa was respected across the regions of the earth.

Those days, the brightest African minds were living in Africa. From Chinua Achebe to Camara Laye, Africa gave the world literary icons. Interesting, as our literature was developing and growing with African voice and writing under the African Writers Series, our engineering was solid. Our engineers were in charge of the railway system which was functional and efficient.

Our engineers built the best roads. Our few water boards were working. The electricity where they were was reliable. Construction houses were not collapsing. Across the universities, there was an aura of order and intellectual haven. The public utilities were functioning and government had access to the brightest African minds to hire and retain.

It was an honor to be working for government because they offered the best package.

But, that was then. Things have changed, for worse. Military governments destroyed that harmony and alienated many Africans to their leaderships. Many left the continent and some vowed never to work for government.

During series of workshops and seminars across Africa last year, I asked groups of students where they would like to work upon graduation. At Universality of Nairobi (Kenya), none of the engineering students I spoke with showed any interest to work in the public utilities.

At Ahmadu Bello University (Nigeria), the brightest of the engineering students noted that public utilities like Nigeria's PHCN (public electricity corporation) and NITEL (public telecom corporation) were lasts on their lists. From Uganda to Cameroon, Senegal to Botswana; government agencies are not attracting the very bests of African talents. These students do not see public utilities as places to build their careers.

In short, the students thought that by working with government, people will think they are not good enough to compete for private sector jobs.

In a seminar in Benin, we made this observation to students: "why do you complain when there is no light considering that the very best among you are not interested in helping to provide that light". They all smiled and said it was none of their problems. We gave a lecture making an argument that any sector that cannot recruit and retain the bests in the land cannot compete.

It does not matter whether this sector is run by government (many public utilities are still monopolies in Africa) or the private sector. The point is that we cannot necessarily expect the governments to give us the best service on electricity, water, etc when the brightest people do not engage in those areas.

When they hire third class graduates, they cannot provide a first-grade service. It is the same analogy where a school district asks a teacher to provide A students when the teacher is not an A grade quality. It is a vicious cycle and can only be broken by getting the right talents in the pipeline.

The best African technical graduates are employed by banks and multinational corporations (MNCs). The few more ambitious and risk taking ones travel abroad. Usually, the ones that make it abroad are above average; at least they pass the visa interviews. Under these conditions, the monopolistic public utilities have to plan with some graduates who may not be on top of their games.

Sure, this does not mean that all those that work in public utilities are not bright; we are discussing averages here. We are aware of first class graduates in these agencies, though we acknowledge that those might have been hired more than a decade ago.

Many of our public utilities are not efficiently managed and lack dynamism you will see in banking or MNCs. The bureaucracy is stifling with usually below average remuneration. To compound all is that many African governments do not see talent drains in the utilities as a problem they have to find a solution.

It makes one laugh when governments issue orders that public utilities in different African countries would double capacity. Nigerian governments have consistently missed targets in this yearly ritual for more than a decade. They promised to raise electricity capacity; they will revise at year end.

On rare occasions, they have small success because they brought in some foreign contractors. But when these expatriates are gone and time to sustain that capacity, you will notice in few weeks, the system has broken. In the good old Africa when public utilities had the brightest stars from universities, competing far better than banking, many nations had better electricity and water than today. Those talents will not just support the capacity, they will improve on them.

So how do you fix this problem?

It is about knowledge and skill - the greatest tool of this century. To modernize and make utilities functioning in Africa, it is time African leaders understand that talent drain in the public is hurting everyone. They must find ways to bring talented Africans to public service to move our continent forward.

This can be done by revamping the system, paying competitively, developing merit based processes and finally entrusting our bests to run our utilities. Fixing Africa's public utilities is perhaps one of the most important competitive weapons the continent can use to reverse brain drain and accelerate economic development in the continent. It is time not to handoff the brightest talents to the private sector.

Wednesday, August 4, 2010

How to Design a New American Health Care System - 3 Simple Proposals

Much is currently being written about how President Obama should re-shape the American Healthcare system. Most commentators agree that the current arrangement for healthcare in this country is too expensive, highly inefficient and provides unequal levels of care, including minimal care for the 47 million uninsured Americans.

As a physician with a longstanding interest in how health services are organized, and who has lived and worked in the USA, Australia and Britain, as well as consulted to many other countries, I have strongly held views on the types of directions America should take. And at one level they are remarkably simple, and can be summarized in three suggestions.

1. A public-private partnership philosophy has to be central to the whole re-engineering of the health system. America is founded on capitalist principals, where the profit motive is central, and any new approach to healthcare must combine this with the need to develop core public services that may be less likely to ever achieve a profit. There must be the potential for cross investment in all directions - and with funding for care provided on the basis of annual or episodic whole of person care provided, rather than on individual piece rates as at present. Numerous studies have shown that if health systems can be given the incentive to provide quality care efficiently over defined time periods, and Kaiser Permanente is an excellent example, that they can do this. The primary importance of this approach is that it will force more resources into prevention of illness - to wellness promotion - rather than into the treatment of illness that has already commenced. Of course in such an environment anyone, no matter what their insurance, should be able to receive emergency care in any hospital at any time - public or private. The whole system must be developed with interoperable health information technology systems, including patient accessible electronic medical records and the provision of a unique health identifier for everyone. This approach will greatly improve the delivery of healthcare, and the security and privacy of health information.

2. The public component of the healthcare system would include universal basic health insurance (including catastrophic care insurance) and many emergency and isolated health services, as well as much more public health focus on prevention and health promotion. Public programs should also pick up much of pre/post natal and early child care (by far the most important care in the whole health system) to ensure all mothers and babies are properly looked after, and probably care of some special populations who cannot afford private health insurance such as the unemployed, some seniors and certain impoverished or geographically isolated groups.

3. The private component would be funded with the aid of tax incentives to encourage most people (or companies) to take out private insurance with aim that at least 80-90% of the population should have private insurance. It is crucial to reach this level of insurance to be confident that patients have "skin in the game" and are financially responsible for at least a good proportion of their healthcare costs, and do not see healthcare as something that is provided by the government for free. The private sector should offer a full range of services from birth to death - with the ability to charge extra for certain "non-essential" services such as cosmetic surgery and other niche areas - but with regulation to prevent people being excluded on grounds of pre-existing conditions. A voucher system for certain groups, such as the chronically disabled, funded by government payments would allow all to access the private healthcare system depending on need. The insurance process for this private component needs a complete overhaul to reduce administrative overheads and simplify the payment process - my view of the simplest way of doing this would be to limit the number of private insurance companies and make sure that they are financially viable and large enough to offer reasonable regulated levels of healthcare services to their members.

These 3 steps to providing better care, and fairer access to care, for all Americans are taken from what I consider to be the best parts of the American, British and Australian health systems. No country has a perfect health system, and all are dependent on the core cultural philosophies held by the individual nation. America is the Land of the Free and can afford to choose the best of what other countries have attempted as it debates how to improve its healthcare system, and ultimately the strength and fortitude of its people.

Monday, August 2, 2010

A Socialized Health Care System Requires Population Control and Impeccable Registries

In a nationalized health care system, you need to know who is who - otherwise the system could never be able determine who is entitled. The structure depends on how the system is created and designed, but with a nationalized health care system you will be tracked by the state where you reside and how you move in a manner that is unseen in America. The nationalized health care system becomes a vehicle for population control.
If you leave the United States and are no longer a resident of the state, even if you are a citizen and might maintain a driving license, you will have to report immediately if you want to avoid the 13% health care tax. I use the number 13% as it is in Sweden to exemplify the actual tax pressure that is laid upon you for the nationalized health care.
Let's say you moved and you do not want to pay the 13% tax for services you do not receive, can receive, or want to taken out from the tax roll. The mammoth entity has no interest to let you go so easy. You will end up having to reveal your private life - partner, dwellings, travel, money, and job to prove your case that you have the right to leave the public health care system and do not need to pay the tax. If you have to seek an appeal, your information could be a part of administrative court documents that are open and public documents. As soon as you return to the United States, you will be automatically enrolled again and the taxes start to pile up.
Public universal health care has no interest in protecting your privacy. They want their tax money and, to fight for your rights, you will have to prove that you meet the requirements to not be taxable. In that process, your private life is up for display.
The national ID-card and national population registry that includes your medical information is a foundation of the nationalized health care system. You can see where this is going - population control and ability to use the law and health care access to map your whole private life in public searchable databases owned and operated by the government.
By operating an impeccable population registry that tracks where you live, who you live with, when you move and your citizen status including residency the Swedes can separate who can receive universal health care from those not entitled. The Swedish authorities will know if you have a Swedish social security number, with the tap of the keyboard, more information about yourself than you can remember. The Swedish government has taken sharing of information between agencies to a new level. The reason is very simple - to collect health care tax and suppress any tax evasion.
It is heavily centralized and only the central administration can change the registered information in the data. So if you want to change your name, even the slightest change, you have to file an application at a national agency that processes your paperwork. This centralized population registry makes it possible to determine who is who under all circumstances and it is necessary for the national health care system. Otherwise, any person could claim to be entitled.
To implement that in the United States requires a completely new doctrine for population registry and control. In an American context that would require that every existing driving license had to be voided and reapplied under stricter identification rules that would match not only data from Internal Revenue Service, state government, municipal government, Social Security Administration, and Department of Homeland Security but almost any agency that provides services to the general public. The reason why a new population registry would be needed in the United States is the fact that lax rules dating back to the 1940s up until the War on Terrorism, and stricter identification criteria following 9/11, has made a significant percentage of personal information about individuals questionable.
If America instead neglects maintaining secure records, determining eligibility for public health care would not be possible and the floodgates for fraud would open and rampant misuse of the system would prevail. This would eventually bring down the system.
It is financially impossible to create a universal health care system without clearly knowing who is entitled and not. The system needs to have limits of its entitlement. A social security number would not be enough as these numbers have been handed out through decades to temporary residents that might not even live in the United States or might today be out of status as illegal immigrants.
The Congress has investigated the cost of many of the "public options", but still we have no clear picture of the actual realm of the group that would be entitled and under which conditions. The risk is political. It is very easy for political reasons to extend the entitlement. Politicians would have a hard time being firm on illegal immigrants' entitlement, as that would put the politicians on a collision course with mainly the Hispanic community as they represent a significant part of the illegal immigrants. So the easy sell is then that everyone that is a legal resident alien or citizen can join according to one fee plan and then the illegal immigrants can join according to a different fee structure. That assumes that they actually pay the fee which is a wild guess as they are likely to be able to get access to service without having to state that they are illegal immigrants.
It would work politically - but again - without an impeccable population registry and control over who is who on a national level, this is unlikely to succeed. The system would be predestined to fail because of lack of funds. If you design a system to provide the health care needs for a population and then increase that population without any additional funds - then naturally it would lead to a lower level of service, declined quality, and waiting lists for complex procedures. In real terms, American health care goes from being a first world system to a third world system.
Thousands, if not a million, American residents live as any other American citizen but they are still not in good standing with their immigration even if they have been here for ten or fifteen years. A universal health care system will raise issues about who is entitled and who is not.
The alternative is for an American universal health care system to surrender to the fact that there is no order in the population registry and just provide health care for everyone who shows up. If that is done, costs will dramatically increase at some level depending on who will pick up the bill - the state government, the federal government, or the public health care system.
Illegal immigrants that have arrived within the last years and make up a significant population would create an enormous pressure on a universal health care, if implemented, in states like Texas and California. If they are given universal health care, it would be a pure loss for the system as they mostly work for cash. They will never be payees into the universal health care system as it is based on salary taxes, and they do not file taxes.
The difference is that Sweden has almost no illegal immigrants compared to the United States. The Swedes do not provide health care services for illegal immigrants and the illegal immigrants can be arrested and deported if they require public service without good legal standing.
This firm and uniform standpoint towards illegal immigration is necessary to avoid a universal health care system from crumbling down and to maintain a sustainable ratio between those who pay into the system and those who benefit from it.
The working middle class that would be the backbone to pay into the system would not only face that their existing health care is halved in its service value - but most likely face higher cost of health care as they will be the ones to pick up the bill.
The universal health care system would have maybe 60 million to 70 million "free riders" if based on wage taxes, and maybe half if based on fees, that will not pay anything into the system. We already know that approximately 60 million Americans pay no taxes as adults add to that the estimated 10-15 million illegal immigrants.
There is no way that a universal health care system can be viably implemented unless America creates a population registry that can identify the entitlements for each individual and that would have to be designed from scratch to a high degree as we can not rely on driver's license data as the quality would be too low - too many errors.
Many illegal immigrants have both social security numbers and driver's licenses as these were issued without rigorous control of status before 9/11. The alternative is that you had to show a US passport or a valid foreign passport with a green card to be able to register.
Another problematic task is the number of points of registration. If the registration is done by hospitals - and not a federal agency - then it is highly likely that registration fraud would be rampant. It would be very easy to trespass the control of eligibility if it is registered and determined by a hospital clerk. This supports that the eligibility has to be determined by a central administration that has a vast access to data and information about our lives, income, and medical history. If one single registration at a health care provider or hospital would guarantee you free health care for life and there is no rigorous and audited process - then it is a given that corruption, bribery, and fraud would be synonymous with the system.
This requires a significant level of political strength to confront and set the limits for who is entitled - and here comes the real problem - selling out health care to get the votes of the free riders. It is apparent that the political power of the "free" health care promise is extremely high.
A promise that can not alienate anyone as a tighter population registry would upset the Hispanic population, as many of the illegal immigrants are Hispanics - and many Hispanics might be citizens by birth but their elderly parents are not. Would the voting power of the younger Hispanics act to put pressure to extend health care to elderly that are not citizens? Yes, naturally, as every group tries to maximize its own self-interest.
The risk is, even with an enhanced population registry, that the group of entitled would expand and put additional burden on the system beyond what it was designed for. That could come though political wheeling and dealing, sheer inability from an administrative standpoint to identify groups, or systematic fraud within the system itself.
We can speculate about the outcome but the challenges are clear. This also represents a new threat to the privacy and respect for the private sphere of the citizenry as an increased population registration and control empowers the government with more accurate information about our lives and the way we live our lives. Historically, has any government when given the opportunity to get power taken that opportunity and given that power back to the people after the initial objective was reached? Governments like to stick to power.
To ensure the universal health care system is designed to function as intended it, would require procedures that would limit fraud, amass a significant amount of personal information, have access to all your medical data, and also determine who you are beyond any doubt. Just to be able to determine if you are entitled or not and, track the expenditures you generate.
The aggregation of these data could also open the floodgates for any data mining within these data under the pure excuse that it would help the universal health care system to better "serve you" and lower the costs.
To lower the costs also means to identify which procedures should not be done on which type of patients as it is not viable based on the government's interest to optimize your productivity under your life cycle. The collection of data has a tendency to look inviting and good when we start to collect it but aggregated data and personal information creates a deep intrusion in our privacy.

Thursday, July 29, 2010

Life on Tracks and Roads - An Overview of Public Transportation Systems

Public transportation plays an important role in day to day life of a common man. More than 50% of people in India use public transportation for reaching their destinations. I was very much impressed by the transportation facilities of Chennai. The government of Tamil Nadu plays a major role in this area. It gives importance for the comfort of the public by providing different means of reliable and cheap transport. It is a very big city with a population of lakhs of people. Accessing the nook and corner of Chennai at any time of a day is very easy with the well established suburban trains and road transport system.
Suburban trains are used as a medium for transport by thousands of people daily. The punctuality and frequency maintained by suburban trains are highly appreciable. The timings of the train are planned according to the requirement. There are numerous trains within every 5 minutes during the peak hours, i.e.; morning and evening, when most people travel. All major locations are connected through suburban tracks and these trains are also very cheap and affordable to common man. The trains also have separate first class compartment which have good seating facility at a little higher rate. I made a mistake once while travelling on a suburban train with one of my friends. We were traveling in the suburban train for the first time and also we were new to the city. We took the tickets for ordinary compartment and accidentally went in to first class without noticing it. Actually we didn't know that such separate class was existed. After travelling nearly half of the way the ticket examiner came to examine the tickets. We just showed him the tickets without knowing that we were in the wrong compartment. He understood that we came in by mistake. He explained to us that the ticket we took was not for the first class. We were shocked to hear that the fine was more than 250 rupees for one person. But he was a very nice person. He was kind enough that he took the fine for only a single person.
Another major mode of public transport is the Buses from the Transport Corporation of Chennai. Buses are accessible to all the parts of the city where the trains cannot go. Buses connecting to various locations also play a vital role in day to day life. The bus routes are identified by numbers or codes which help people who are not familiar with the regional language. Buses also have various classes ranging from ordinary, deluxe, Volvo and so on with different comfort zones. Various tariffs are implemented for different people to choose travel facility as per the thickness of their wallets. Share autos also do remarkable service for transportation. You can choose share autos for short distance travel. You can also avail the facilities of call taxi at a very reasonable rate.
Autos are also a medium for public transport chosen by many people. But it is very expensive. The reason for this is that the government does not have any control over the charges imposed by these autos. As there is a huge amount to be spent for availing the transport permit for autos, the drivers are charging too high to recover that amount. The interesting fact I noticed is that their charges always ends with a zero. They do not care about the meter readings or they don't set the meters. I do not know why the government or the transport authority is maintaining silence in this matter.
The government of Tamil Nadu has set an example to other states by controlling the fares of transportation. The effort of the government to control the transport cost against the frequent rise in fuel prices is much appreciable. It has not raised the bus fares for the last 8 years. Flyovers are constructed in most of the areas which makes travelling easy through these roads. The conditions of the road are maintained in a well appreciable manner which reduces the accidents and the wideness of the roads wipes out the anticipated traffic jams. The role of domestic air transport is also playing a key role in meeting the day to day requirements of many people. It is common to see people travelling by domestic air to various cities and come back the same day after completing their job. To add with, the government has started extending the metro rail to improve the transport facility even better.

Thursday, July 22, 2010

Notary Public Online Courses

To receive a notary public license, you must fulfill a number of requirements such as filling out an application, paying a fee to the commissioning authority, taking a notary public course and passing an exam. However, these requirements vary from state to state in the US. A notary public course provides you with the training and tools needed to pass the examination on notary laws and procedures. Local colleges and universities usually offer notary public courses.
Anyone thinking about attending a notary public class but cannot find a local institution that fits into their schedule, might want to consider an online notary public institute. Online notary learning is growing in fame as a tool for a solid education. Individuals can begin and study online any time from the comfort of their houses, offices or any place with Internet access.
Notary public online courses provide the same quality of education offered by a traditional campus. It is important to make sure that the online course fulfills the particular state?s requirements for a notary license. Legitimate online schools allow candidates to talk to their qualified students for references.
Many institutes now offer online preparatory courses in notary public learning. Notary Law Institute, Pennsylvania Association of Notaries, Notaries Equipment Company, Atlantic Bonding Company Inc., and American Society of Notaries are a few among America's leading experts on notary public training and education. Most of them aim at online notary public classes nationwide.
For the applicant?s convenience, the online classes offer system-automated registration and payment plans. Many institutes provide a protected way of payment through the use of SSL (Secure Sockets Layer) protocol. Applicants have the option to pay either by PayPal or an online credit card. Online course materials are written in simple language to guarantee a trouble free and complete learning experience.
It is easier than ever to learn notary public laws and procedures through online courses. It is advisable to make sure you choose an institute that offers the courses you need, and follow through with references.

Monday, July 19, 2010

Agency Nursing Jobs - Alleviating the Pressure on the Public Health System

Nurse retention has become a workplace priority in hospitals and public health institutions. Recent studies have shown that the cost of replacing one nurse can equate to the yearly salary of that nurse, with the required training and loss in productivity that the disruption of services creates. However, it is becoming clear that the one-size-fits-all recruitment and retention programs offered by health institutions do not address the priorities and expectations of newer generations of nurses. According to the Journal of Nursing Scholarship, new graduates have shown that personal attention from the manager and input into hospital decisions appeal to the needs and desires of the generation X and Y worker.
The current nurse workforce continues to be challenged by shortages, competency issues, safety concerns and image problems. The continuing instability of the economy and erratic nurse re-entry into hospital practice for financial reasons have further contributed to the difficulties of recruitment, retention and effective management of nursing services.
The International Journal of Nursing Studies recently released an article that highlighted that the current international nursing shortage and the emphasis on developing quality practice environments has led forward thinking public and private health organisations to implement new workforce policies to address the growing shortages and need to improve services. One of the main strategies to achieving these goals is through the productive use of agency staff to fill available nursing jobs.
Agency nursing refers to the nursing services provided by agency nurses employed on a casual contract basis. The continuing shortage of nurses combined with an increased demand for their services have contributed to a greater reliance on agency nurses. As a result, nursing recruitment agencies are retaining and evolving their importance as staffing resources for those public and private health institutions that are suffering from shortages of nursing staff. The benefits of utilising a reputable recruitment agency to secure agency nursing jobs is well documented, with the most repeated advantage being control over their work scheduling.
Furthermore, the potential employee pool of professional nurses has traditionally been new graduates and foreign nurses. The foreign nurse pool is drying up because of global depletions of nurse supplies. According to a research report issued by Tulgan, the most reliable potential nurse pool continues to be the emerging workforce. Those that are in the process of training, are recent nursing graduates or those who are furthering their education with postgraduate studies, are becoming an increasingly important source of new nurses. Both local and international nursing students do not have the required time to dedicate to a full time nursing positions, and as a result, utilise professional nursing agencies to locate and secure appropriate agency nursing jobs.
As the model of nursing employment evolves, it is apparent that the importance of agency nursing positions will play an increasingly important role in providing quality and educated staff to fill the nursing shortages and enable public and private healthcare institutions to meet their organisational health goals.

Tuesday, July 13, 2010

The Root Of The Injustice In Our Political System

With the recent turmoil in our economy, the uncertainties shown on Wall Street, and the inconsistent if not blatantly "disconnected" thinking we find in our elected officials; do you ever wonder just why things are going wrong?? Well, I have always felt that it is because once a person decides to enter public service and face our political system, that person immediately becomes a "victim" in that he/she is required to seek monetary support in order to pursue their political goals (no matter how "noble" or "pure" they are initially). It is a simply a matter of fact, precipitated by human nature, that campaign contributors "EXPECT a RETURN on their INVESTMENT". So when one accepts money in support of their campaign, there comes with it an "IOU for that expectation" which will inevitably be "called in".

So how can anyone, then, expect a politician to act and/or make decisions with a clear reliance on simply the facts or whatever may be in the best interest of the constituents?? It simply can't and won't happen!

Until we find a way to get our elected officials into office without having "sold away their souls" it will never happen. I often thought that it was admirable for individuals like Ross Perot and Malcolm Forbes, who ostensibly could afford to run for office with their own funds and did not need to raise money from "supporters", to try to truly change things. But such efforts on any "individual" basis is also simply in vain!! Any solution will require a CHANGE in the way ALL our elected officials are chosen.
So, how can this be done??

There could be a host of methods... but ALL MUST eliminate the need for acquiring campaign funds.
First, we obviously have an overwhelming ability these days to "host" all the necessary campaigning through the mammoth media network we have...TV, Radio, Internet, Print, etc,etc...

A system similar as has been done with "Pres. & VP Debates" could be expanded upon and developed on both local and national levels with the time and cost being paid for by advertisers (as is always done anyway). ALL Candidates would be allocated equal time and opportunity to discuss issues and their platforms in all the media outlets. No need for "handshaking", baby-kissing, and buying $3,000 plate dinners. I have always felt that they were ridiculous in the first place. Most importantly, there would be no need for any candidate to "obligate" oneself for any "IOU" promised for campaign money!!

Tuesday, July 6, 2010

Wealthy Domestic Abuse Survivors - Why the Affluent Fall Through the Cracks of Public Services

When it comes to healthcare, the wealthy are considered privileged. Yet when that care involves the social services of domestic violence intervention, the wealthy fall through the cracks of the system. Why?
Because one wealthy family has the potential to utilize the resources of an entire annual budget for a domestic violence victims' program. The net result of this is the wealthy often fall through the cracks of domestic violence assistance services.
When families of marginal means require domestic abuse services, they are easily managed through public domestic abuse agencies. Yet, when women of greater means come knocking at the door, they can be told "your case is a career," "the staff resources you may require could utilize, or even exceed, our entire annual budget."
I believe this is one of the reasons upper middle class women linger in what I call the "family violence transition zone" longer than their less economically advantaged counterparts. And the damage to these women in limbo aggravates their circumstances and compounds the aftermath of their trauma.
If you are in an affluent family and in an abusive relationship, you do not have to prolong your exit to safety, stability and well-being. If you are turned down for assistance, you do not have to give up on "getting out," or getting help, or most definitely on yourself.
Seek to uncover services suitable to you through professional networks. And call upon the public services for that which can be offered to you by them at little cost. Leaving an abusive relationship can be difficult and if you deal directly with the "money factor" in this sector of social services, you will walk this road with less frustration and disenchantment.

Friday, July 2, 2010

Ensuring That You Live Near Public Transportation

Purchasing your own home is a big step. A step that has many considerations you must take into account. While the neighborhood and crime rate is important, there is one common criterion that gets overlooked. That being public transportation.

Today more than ever we face a global crisis when it comes to population and energy. In order to help the green movement, you should choose a location near public transportation.

Although using public transportation is good for the environment, it also has a lot of other benefits. For example, your children will learn a lot from this method of transport.

By using public transportation, you can rest easy knowing your children are safe. This is especially true if your schedule does not allow you to drive them to places. When they grow into their teenage years and begin driving, they may just opt for public transportation if they want to save money on gas.

Of course, the most obvious reason for using public transport is the fact that you are helping the environment. It certainly saves on emissions and money you would usually spend on gas.

Furthermore, using public transport can also significantly reduce the amount of stress you have. You will no longer be getting frustrated with daily commutes or traffic jams. You may even find yourself with some free time - giving you the chance to read a report or catch up on certain assignments.

You may just be surprised by how much more refreshing it is to have another person do the driving. Not only that, but the cost savings you are benefiting from.

Often times when a community has a well developed public transportation system; it will also have a large array of other benefiting services you will be able to use. For the above reasons, take a serious consideration for an area with public transport.

Wednesday, June 30, 2010

Notary Public Classes

A notary is a public servant selected by a state official. He is an impartial witness to the signing of legal documents such as affidavits, deeds or powers of attorney. Many states offer notary public classes and seminars to help aspiring notaries achieve their commission.
The objectives of all notary public classes are to enable applicants to become responsible, skilled candidates for notary public commission. Syllabi are designed to teach the applicant the basics of being a notary and to prepare him for the notary public examination. The classes also include a thorough introduction to the statutes that regulate the acts of notaries.
Notary public classes provide a complete outline of how to rebuild yourself in your new position as a notary public. This information is necessary for everyone since it assists them to spot their market and start building their business effectively. For a beginner, the instructors offer classes regarding the procedure to become a notary public.
Notary public classes are normally short duration courses. To receive a notary license, a notary attends a few day or week classes and then appears for a notary exam. Local community colleges and universities offer the courses necessary to become a notary. If there are no notary public teaching institutes in your area, you can find institutions that offer online courses. Online notary courses guarantee an easy and complete learning experience. For the student's ease, most courses offer system-automated registration and payment.
It is recommended that any course you attend fulfills your particular state?s notary public needs for receiving a notary license. The cost of a notary public course is small, usually about $200. That is, a small investment brings you big returns in the future. It is also wise to check out the opportunities for notary public services in your location. Of the many businesses that require reliable notary public services are financial institutions of all types, attorneys, nursing homes, real estate offices and insurance companies.

Entrepreneur Bootstrapping Business Idea - Create a Mobile Notary Public Service

Many small businesses need a notary service on various occasions, but they do not have a notary on staff. There are also occasions where private individuals need a notary at odd hours as well. You will create a business where you will travel to the person that requires notary service.

Becoming a notary is fairly easy. You just have to pay the appropriate fees, obtain a surety bond, and make sure that you are following all of the laws for your area. Once you are certified, all you need is a cell phone and a car.

You will either obtain appointments over the phone, or on-line. You can charge a certain fee for the distance you have to travel as well as emergency fees (nights and weekends) and the actual notary fee. Make sure that you charge a minimum so that you are not wasting your time by going a long distance just to sign a single document.

You can broaden the scope of your business eventually by hiring a series of notaries, creating an appointment setting system and taking a cut of the profits every time someone goes out for signature. If you make each person an independent contractor, then you will not have to provide for vehicle maintenance and other benefits.

You will need to perform and aggressive marketing campaign in order to stay in business. Although a notary is something that will always be needed, you will want to position yourself as much more convenient than having to go to city hall or some other location where there is a notary.

Make sure that you never sign documents that are against the rules, even if someone is offering to pay you. You can get your license removed and face serious legal issues.

Thursday, June 17, 2010

Living Near Public Transportation is Very Beneficial

When you purchase your new home, consider the option of living near public transportation. There are many benefits from living near transport.

Most of all, it's very convenient. Living near transportation, you are able to hop on a bus or train in matter of minutes to get you where you need to go and you don't have to worry about driving to the destination.

Public transportation allows for easy access to an unlimited amount of destinations. Malls, parks, markets, places of employment, hospitals, and schools can be easily accessed thanks to transportation.

With access to public transportation, it can eliminate the need to purchase a vehicle. If you do have one, you can save money each month by not purchasing gas as well as other related expenses that result from driving vehicles to work or school.

With access to public transportation, there would be fewer cars on the road, which aids in a cleaner environment. Transportation lets you keep your sanity, by diminishing the stress from driving, traffic jams and long commutes.

Well-maintained public transportation systems are indicators of government values in maintaining public infrastructure. When the government takes care of their transport services, most likely other services they offer will be just as well taken care of.

Communities near public transportation services have a lower foreclosure rate. This is proven by research performed by the Natural Resources Defense Council. They conducted research in cities across California, Florida, and Illinois to find the affects of transportation on communities.

The low foreclosure rates may be a result from people being able to save money by not using their car, so they can afford their house payments. When you don't need to spend money on transportation, you can use the money to pay for other necessities.

Wednesday, June 9, 2010

Taking Public Transit Systems Back to the Drawing Board For Better Energy Efficiency

Many 21st Century Eco-friendly upgrades are rapidly taking place in all sectors of industry; looking for ways to improve energy efficiency and reduce waste. Main areas of Eco-friendly focus include everything from water delivery systems to energy grids; green building applications to solar and electric vehicles. Public transportation is right at the top of the list. Experts are hard at work; developing new advanced Green technologies and energy efficient alternatives for reducing dependency on carbon based fuels. In regards to the public transit sector; many solar powered public transit system designs are currently in the works; some of which are based upon different solar harnessing designs.

Solar power is one of the most common and seemingly most viable fossil fuel alternatives that are currently being considered by leading scientists from all over the world. Solar powering technology is being implemented into areas of large industry such as the automotive industry and the construction industry; and is now being seriously considered in new solar powered public transit system designs.

Though there are a variety of possible designs for new energy efficient public transit systems currently being contemplated; a Michigan based designer, Dave Owsen, has come up with a design for an energy efficient solar powered public transit system. Mr. Owen's Eco-friendly design is considerably detailed; outlining everything from how the Green system would be powered to the designs of the individual carts that are attached to the rail system.

Mr. Owen's energy efficient powering designs call for the harnessing of natural sunlight in a way that is similar to how plant's absorb energy through Eco-friendly photosynthesis. Each rail cart would be equipped with photovoltaic panels, or solar panels; which would be the primary source of powering for the Green rail system. In addition to the solar panels; the windows in this Eco-friendly design are ones that were specially designed by MIT to harness sun light aimed at the window; redirecting the power into the rail cart itself.

Dave Owen's solar powered public transit system design calls for private individual Green "rail carts" that would consist of two seats facing each other; similar to a railroad passenger compartment design; each being able to accommodate either two adults and a small amount of cargo or one adult and two children with a very small amount of cargo. The individual energy efficient rail carts would travel along a duel rail system; essentially; one side being for departures and the other being for arrivals.

On one side of the Eco-friendly rail cart there would be a futuristic sliding door for exiting and entering the unit; while the other side would consist of a touch screen navigation system where the occupant could input their desired destination and route.

In addition to the Eco-friendly design being specifically structured to accommodate the general public; the solar powered public transit system could also serve as a new method of energy efficient shipping. Again; very similar to a traditional locomotive system; there are Green designs for cargo rail carts in addition to the passenger rail carts; of which would expand the energy efficient possibilities into the commercial market as well. The Eco-friendly shipping rail carts would be designed a little differently than the passenger rail carts in that they would call for larger openings in the doorway and additional space for the cargo (without seats). Other than the clear energy efficient benefits that come along with a solar powered public transit system; local and small business would be more inclined to order their goods from local manufactures; as the shipping costs would be nominal compared to using traditional shipping alternatives powered by fossil fuels.

Dave Owsen had this to say about his Eco-friendly solar powered public transit system design:

"Public transportation will feature diverse options depending on the needs of people and businesses. This design replaces bus systems with a more efficient and private "Cells" that also provide incentive for small business shipping and service industry distribution."

According to the American Public Transportation Association (APTA); an estimated 30% of all carbon dioxide emissions contributed from the United States comes from transportation. This includes both personal transit units; cars, trucks, bikes etc; as well as public transit systems. It is estimated that about 14 million Americans currently use public transportation and that the other 88% of the country uses some form of their own personal mode of transportation. The United States is said to save approximately 1.4 billion gallons of gasoline each year as well as about 1.5 million tons of carbon dioxide with the current public transit systems that are in place.

With larger cities such as Los Angeles and New York implementing such an innovative Eco-friendly solar powered public transit system would cost a considerable amount of money and time to construct. While it is no secret that implementing such a large scale remodeling of public transportation within large cities of the like would be costly; one must weigh the possible Eco-friendly benefits that could arise from embarking upon such a Green endeavor.

Thursday, May 27, 2010

Outsourcing May Increase Efficiency And Innovation In Public Sector

The public sector includes those services that are considered to be essential and hence made available to all citizens of a country by its government. Typically, services are provided free or at greatly subsidised prices, with the costs being made up by money from taxes.

The earliest recorded instance of such a system was during the eleventh century, when Wang Anshi pioneered state-funded pensions and unemployment benefits. Nonetheless, the idea has always had its opponents and has stopped and started through the ages; the current system of public services in the UK did not assume anything like its current form until the twentieth century, under David Lloyd George. Additionally, the government's remit and the range of services provided or funded by the state has been in a state of near-constant flux and compromise since that time.

Many people feel strongly about the importance of guaranteed, free, high-quality public services to fulfil fundamental needs such as basic housing, healthcare, education and policing as well as a clean, safe environment. There are reactionary and libertarian arguments against these projects, as well as financial benefits which come from being controlled by the government and funded by taxpayers. Essentially the system is a form of organised altruism, and its social benefits are generally acknowledged when quantified by studies and statistics.

The question of nationalisation or privatisation - of who, precisely, should provide essential services, and how, is a controversial one and is frequently debated. Some argue that public services should always be publicly owned, as this allows for greater stability, accountability and for the majority to have some control over the way in which they are handled through political means such as lobbying and elections. Public ownership may make services more financially stable as they are not threatened by the fluctuations of the free market. It also means that private companies can't profit financially from the provision of basic necessities, or use them to further ulterior motives which may not be in the best interests of users - for example, many people are concerned about the possible suppression of science teaching in schools sponsored by evangelical Christians.

On the other hand, it has been argued that government ownership can be inefficient, expensive and unprofitable and that management within the public sector lacks thoroughness and understanding which may be gained from working in competitive industries. The accountability and regulation of government bodies has been called into question, with critics claiming that the government may deliberately over-staff the public sector in order to reduce national unemployment figures and boost its political standing.

Tuesday, May 18, 2010

The Wonder & Convenience of Queue-For-You Services

Over the years, long winding queues have become a trend in most African service delivery and public service departments.The booming population growth, coupled by years of colonial oppression and discrimination have created an unending backlog and pressure on document services.

This phenomenon is quite prevalent at most Home Offices where desperate citizens queue endlessly to apply for passports, identity documents and all other required documents.

Today's economy has largely become time-based and results oriented. Most businesses have even attempted to provide services around the clock, but to do this they require critical human resources to be available on demand.However, if most of these resources are going to spend endless hours in queues then this can impact on productivity.

There is nothing as upsetting as spending countless hours, in queues and having nothing to show for it in the end.There is nothing as disappointing as having to queue whilst one could be closing a business deal somewhere.There is nothing as disconcerting as having to queue and queue for hours, only to be told at the end that you should have brought a copy of your parents' documents or this and that.

In the information age, there is nothing as priceless as information.Critical information at the right time can save you those unenviable fuel costs of driving to and from...Critical information at the right time brings that extra satisfaction and peace of mind when you just step in and present your credentials and are immediately approved...critical information at the right time can save you hours poring over those websites and trying to get the nitty gritties -trying to re-invent the wheel when that information could just be a click away from you.

Enter Queue-4-U Services....

This concept, is indeed noble,time saving and a miracle.These are organizations that are there to provide that extra mile.Organizations that ensure that you enjoy your sleep, your coffee, close your business deals whilst they do all the dirty for you.

The consultants are well trained and have over 15 years experience in documents management, handling and customer care.Their strength lies in the extensive knowledge they have in the South African public service systems, their professionalism and healthy working relationships with the various government service departments.

In conclusion, the queue-4-U services concept should indeed be celebrated and promoted as a valid and worthwhile productivity enabler in companies,and is a workable solution to the current problems of having all these queues in the home offices.

Monday, May 3, 2010

Learn About St Louis & Landmarks and Public Transportation System

Do you want to visit or live in a magnificent city that has awesome tourist attractions and places to visit? If so, come to my home town of St. Louis, Missouri. You will learn the great landmarks St. Louis has to offer and how to get around the city.

St. Louis is known as the Gateway to the West. It is well known and it is recognized as a major part of the Midwest.

Do you love animals and zoos? If you do, you will love the St. Louis Zoo at Forest Park, a huge and beautiful park. It is free, it provides ample parking and it provides signs at each exhibit describing the animals, how the animals are raised and what the zoo is doing to help the animals stay in existence. This zoo is open daily until seven o'clock central time in the evenings from Memorial Day until Labor Day and it is open until five-thirty daily the rest of the year. The animals include bears, zebras, crocodiles, elephants, seals, camels, giraffes and antelope.

Are you a wild cat lover like me? If you are, be sure to visit Big Cat Country at the zoo. It includes tigers, lions, pumas, cheetahs and jaguars.

Big Cat Country is not the only special feature at the St. Louis Zoo. If you like monkeys and apes, you will enjoy the primate house. If you want to see snakes and other reptiles, stop by the Herpetarium. If you have a love for birds, visit the birdhouse.

Forest Park has been around since the late 1800's and it held the World's Fair in 1904 where ice cream was introduced. This great landmark also includes the St. Louis Art Museum, St. Louis History Museum and St. Louis Science Center. The art museum features plenty of excellent paintings. The history museum features historic exhibits and describes the history of people and events that have been in St. Louis. The science center features marvelous scientific exhibits as well as the Planetarium.

If you share my love for baseball, go see the St. Louis Cardinals play at Busch Stadium. You can see the St. Louis Blues play hockey at Savvis Center and you can see the St. Louis Rams play football at Edward Jones Dome.

St. Louis' signature landmark is the Gateway Arch. It is actually a public building that is 630 feet tall and has an elevator that will take you all the way to the top. Our airport is called Lambert Field and it has many major airlines including Southwest Airlines, American Airlines, Delta and TWA.

We will conclude by discussing how to get around St. Louis by bus or commuter train. Metro provides a bus service and its train system is called Metrolink. Before boarding the train, pay up at the ticket machine located on or near the train platform if you do not already have a valid pass in your possession. On the train, you will see a map that lets you know where you are going and the conductor announces each stop. When your stop is announced, exit the train.

Tuesday, April 20, 2010

Fiscal Decentralization- Part of the Fundamental Reform of Public Administration in Albania

The continuing centralized nature of public administration in Albania could be attributed to a transition period, but since this phenomenon is not unique to Albania, it was necessary searching for underlying reasons for this system of regulation, organization, and financing of public affairs and administration.
It is generally accepted that the provision of public services to citizens cannot be left entirely to the market. In fact, direct government control over public administration with regard to public services is more or less inevitable. The issue is who should provide for these public services--state administration or self-governing bodies--and at what level--local, regional, or central.
The present situation in Albania is that the central government directly, or by means of district and regional offices, provides in the end of 2006 for approximately 70 percent of all public services to citizens. Funding decisions about these services are made solely at the central level; the district and regional offices have no significant decision making power or influence regarding funding amounts or destinations. Furthermore, regional self-governing bodies are not yet operational, and local self-governing bodies are very limited in their ability to make the necessary policy and budget decisions on major public services such as education, social care, health services, culture, and transportation.
An important precondition for the rationalization of public administration is speedy completion of the property transformation process and transfer of the state's responsibilities for the majority of economic activities to the private sector, and partly to the municipalities, as follows:
o forestry: the state + transfer to municipal ownership,
o agriculture: privatization + transfer to municipal ownership,
o transportation: the state + regional self-governing bodies,
o health care: the state + municipal and regional self-governing bodies,
o education: the state + municipal and regional self-governing bodies,
o culture: self-government + the state,
o recreation: the state + self-government,
o telecommunications: privatization + state participation,
o road network: local and regional self-governing bodies + the state
o management of water supplies: local self-governing bodies + the state.
The aim is:
o to decrease the degree of provision of private property by the public sector,
o to limit interference of public administration with private properties,
o to decrease the operating costs of state administrative bodies, and
o to determine the powers and competencies of state administration and self-governing bodies at their respective levels.
1. Reforming Relations between the State and Local Self-Governing Bodies
1.1 The Role of the State in Public Administration
Obviously, supporters of collectivist doctrines and liberal principles will have a different view of the role of the state in public administration. But the recommendations for reform of public administration in Albania takes decentralization into account and anticipates a significant decrease in the role of state institutions in the management of public affairs as compared with the present situation and a transfer of most public service responsibilities to regional self-governing bodies.
The state's role in the new structure of public administration should be limited to supporting, controlling, and organizing tasks with respect to the following:
o securing the country's external independence (in terms of foreign policy and national defense, including civil protection at all levels);
o maintaining law and order (e.g., selected areas of security, education, trade, water supply, medical and hygienic supervision);
o protecting civil rights and freedom;
o social legislation; and
o creating conditions for a healthy economy (currency policy, system of insurance, a tax policy that allows for improve of administration, financial administration, economic policy, participation in regional policy, energy policy, and national transportation policy).
These tasks shall be performed by central bodies of the state and their regional offices (i.e., local state administration institutions). All remaining tasks should be the responsibility of local and regional self-governing bodies.
1.2 The Role of Self-Governing Bodies in Public Administration
While the execution of state power is territorially defined by the frontiers of the state, self-governing bodies regulate public responsibilities within the framework of their territory and competence in compliance with the constitution and the law. As the legislator, the state continually tries, by means of law, to provide limitations for self-governing bodies; therefore, it is necessary to ensure the status of self-governing bodies through the following types of provisions:
o Institutional. Ensure that citizens are represented through free elections at the state, regional, and municipal levels. Regional and municipal representatives must have the right to regulate all appropriate issues within the framework of the law and consistent with their responsibility. City and municipal associations must take an active part in representing their constituents to the government, parliament, and other organizations and associations to ensure that the constitutional rule of the republic conforms to democratic rights and rules. Self-government, as an organizational form, is largely exempt from such control except where the court is entitled to arbitrate on a case of impingement upon the law. The sovereign rights of self-governing bodies are personal sovereignty, sovereignty of the organization, sovereignty in planning, financial sovereignty, regulatory sovereignty, and taxation sovereignty with regard to local and regional taxes.
o Financial. Ensure the participation of municipalities and regions in revenues from state taxes; address and adjust differences across municipal and regional tax potentials.
o Constitutional. Provide a means of constitutional complaint to safeguard self-governing bodies against state-initiated legal recourses.
Self-government functions at the local and regional levels consist of economic responsibilities, territorial planning and construction, local economy and environmental services, housing, transportation, water supply management, education, culture, health services, social care, administration, public order, and fire fighting.
1.3 Local Self-Government Authorities
A frequent topic of discussion is the ability of municipalities with a small number of inhabitants to ensure fulfillment of their designated responsibilities. The Albania's chose to establish self-governing bodies, it was offered to all municipalities and this became the model. If municipalities are to continue to be self-governing, the establishment of regional self-governing bodies in Albania is inevitable.
I do not, however, consider the establishment of new administrative units to be necessary to ensure that the principles of the original model can be implemented. If it is not efficient for a small municipality to provide public services, these can be provided by different forms of voluntary partnerships, common councils, companies, and agencies operating on a basis of contractual agreements with municipalities. In some cases, larger municipalities can provide services through contractual agreements to smaller municipalities in their region.
2. Proposal for a New System of Financing Self-Governing Bodies
Albania's 2006 tax reform led to the introduction of tax structures as a better tax administration oriented from the market segmentation and taxpayers needs. The tax system consequently became more transparent, the rate of taxes was decreased, and the taxation education improved.
The proposal for a new system of financing self-government is based on:
o principles, with significant reinforcement of the status of self-governing institutions;
o resolving the income aspect of the budget and the redistribution mechanisms of taxes, as we consider spending to be a responsibility of the respective self-governing bodies and the result of an agreement between the citizen-voters and their representatives--the deputies at the individual levels of public administration;
o the possibility of a differentiated approach for municipal subjects in addressing the scope and content of public properties; and
o independence of public property with regard to social and taxation policy.
One of the aims of public administration reform in Albania is compatibility with the regulations and principles applied in European countries. These principles include:
o increased financial responsibility of local and regional self-governments in order to prevent an excessive debt load which would endanger their autonomy;
o increased transparency of public expenditures to encourage a reduction in administrative steps and improve the possibility of control which should be directed, in compliance with the regulations of the European Charter of Local Self-Government, at conforming with the law and constitutional principles;
o standardized budget submissions and their evaluation;
o provision of fiscal authority to self-governing bodies, since this is the only way to achieve financial autonomy;
o total freedom of self-governing bodies, in accordance with the law, in setting fees and tariffs for local public services;
o elimination of excessive differences in rates set because these differences can lead to a distortion of competition; and
o in case of a temporary need for centralized cash flow management, that this be accomplished so as not to threaten the solvency of local self-governing bodies and cause problems in cash flow.
Recommended adjustments involve the tax systems, the tax authority, changes in the budget structure of self-governing bodies, changes in the relations between state and local self-government budgets, the determination of the extent of debt, and changes in the distribution criterion for the so-called shared tax.
3. New System for Financial Adjustment
Redistribution of tax revenues has, over the last decades, become part of the budgetary regulations in Albania following the EU model.
The new system of financial adjustment fulfills four main functions:
o Fiscal--by increasing the financial means of municipalities, since municipal tax incomes (revenues) do not cover municipal needs;
o redistributional--by correcting differences in tax-raising capabilities;
o spatial/political--by covering the increased costs connected with different municipal tasks in the structure of the settlement; and
o economic--by using local budgets to ensure the stability of the country.
The extent of financial adjustment derives from changes in a country's economic conditions, which change over time and with changes in politics. Therefore, it is necessary at certain points in time to analyze and adjust the system to new situations. It is very important to define the optimal extent of adjustment.
The volume of financial adjustment is controlled by the institution for public administration that provides for it; for that reason, from the point of view of territorial self-government, the greater the degree of adjustment, the lower the degree of financial independence (autonomy).
The financial adjustment is based on the tax power of territorial self-government, which shall be evaluated on the basis of an approved final invoice (bill) for the preceding fiscal year.
The financial adjustment consists of the following items:
o Vertical financial adjustment, by which the state budget will contribute to weaker tax regions and regional self-government will contribute toward weaker tax self-governing bodies. This means that vertical financial adjustment shall have an impact on the state budget as well as on the budget of regional self-government.
o Horizontal financial adjustment, by which the stronger tax regions will contribute to the weaker, and cities and municipalities with a greater tax capacity will contribute to those with a lower. This means that horizontal adjustment at the state level will not have an impact on the state budget, and adjustment at the regional level will not have an impact on the budget of regional self-government.
Financial adjustment ought to provide municipalities and cities, communes and towns with the necessary resources to enable them to perform their functions, but it must not interfere with the various municipal financial powers that result from municipal independence. If a financial adjustment were to cover differences 100 percent, territorial self-governments would lose interest in using their own taxation authority and would instead rely totally on adjustment mechanisms.

Monday, April 5, 2010

International Service of Process in Europe

The Basics of International Service of Process
There are two main methods to choose from when serving documents on the European Union, both methods, are proposed by the Hague Convention of 1965 and have the same legal value, no hierarchy exist between them, but one is less reliable than the other, the legal effects are basically the same. We propose a third method, a mixture of the above which we call "Hybrid". Any other methods employed are outside the Hague Convention or irregular.
The basic legal methods of the Hague Convention are the following;
One, a public service of the "Judicial Administration" called "Centralized Authority" because it uses the "Government" to transmit documents. Is is intergovernmental, in principle a free service but submitted to economical constrains with high possibilities of no completion.
Two, by the use of a service provider, alternative method, called "decentralized", it can use an "International private process server", "Mail" or "Local Bailiffs"; All under the Hague Convention regulations, Art. 10. It's applicability varies with the country's opposition. As a Private method, it is paid, and therefore submitted to market and quality control.
International Service of Process, by either method, is ruled by two different legal systems, linked by the treaty of the Hague. The main law, called « Lex Fori, » is the law where the documents are issue and where judgment takes place, "Lex fori forum". These rules, govern service of process validity and recognition in the "lex fori forum", but not necessarily its effects and legality in the jurisdiction where documents where served, "Lex loci". Recognition and enforcement by the "Lex loci forum" depend on the respect for internal laws of civil procedure and the procedure of "exequatur" It is then to each "lex fori" and their "foum" to determine their requirements for an "acceptable service" but being their powers limited in space they can not enforce it abroad, so necessarily need to keep in mind that: The act of notification is completed under a different legal system with different exigences, those of a sovereign state which must be taken in consideration, based on International treaties and for future enforcement. Based on International Legal Principles, we can affirm that a "Lex fori forum" can not accept in a procedure a "foreign illegal procedural actuation", an act that violates foreign laws.Oon the other hand the "Lex Loci forum" will not enforce a judgment obtained under these circumstances in. Because of this, you must act in harmony with local codes of procedure and the Hague Convention and not only with your own laws,.or, your liability will be engaged in a Criminal or Civil manner.
The Centralized method seems to be the most appropriate and reliable, but it is not, is not mandatory nor exclusive, as explained by the Hague Convention itself (visit the Department of State's1 web pages for more information). Therefore the "Central Authority" is not the only organ proposed as available to serve documents abroad as is the general believe or as promoted by many translation companies or unscrupulous servers who have created a :"Vox Populi" that takes advantage of ignorance of the treaty, to sell Translations and Apostilles.
Luckily for the legal profession, there are a series of alternatives or decentralized channels, Art. 10 a,b and c of the Convention, often more reliable and always faster and efficient. The method to employ must be in no conflict with the laws of Civil Procedure of both jurisdictions involved and both must be signatory countries as explained in Art. 5,b.: That is a legal harmony of "Lex fori" and "Lex loci". These laws must be applied simultaneously when serving.
All signatory countries have accepted the "Centralized" method and not all accept all the channels of the the "decentralized method". In Europe most countries accept both entirely. The reason is that most people believe that the alternate decentralized method does nor exist. The legal text are not interpreted or applied properly as it ends as a "Fraud to International law" and service is Void or Voidable.
The liberty of method is inspired by "International Civil Procedural Liberty" Convention, as expected by the Hague of 1954 giving flexibility to the Convention of 1965. The evolution of both and their application and Interpretation by jurisprudence has given a positive empiric result. Mondialisation of process, which needed a fast way for Judicial information exchange and judgment that adapts to it. World trade, has opened the door to more efficient and fast ways of litigation and serving process, resulting in a gain of time and money by cutting "Red Tape". Nonetheless, there are limits to this liberty that trensform into critics to the methods and which are based on the need to eliminate some absurds requirements like the risky exam of legality prior to service or the choice given to defendant to refuse service if documents are not translated and the lacunae such as no distinction between service to Individuals or Multinational Companies, Nonresistance of presumptions and many more will see later..
The Hague Convention's Centralized method has, as said many "legal lacunae" or serious defects:, the main one is that is a free governmental service that does not uses a "fast Independent Private Process Server.", as is requested by many courts and litigants, it is defective and often deceptive method. It promotes the use costly translation and the contents of summons is exam for legality before they can be served. These requirements makes it slow and therefore not adapted to modern international litigation. It is also contradictory because under the veil of gratuity there are a series of unnecessary expenses that result in an expensive service, more that using private channels. I consider it promotes unnecessary translations because, if documents are not translated, the defendant can refuse service and in other cases the central authority will not be able to exam their legality, Article 5..
It is advisable not to have the documents translated unless you do it properly with the right qualified professional. As a preventive measure, if you do a translation to avoid "possible" future problems, the translation itself can be easily "questioned" in court during enforcement because European courts only accept as valid translations from tindividuals that give the necessary legal guarantees, either by Certification and/or Registration. Is is considered that only those listed each year by the different Courts or the Foreign Affairs Ministries. do reliable translations. There are other "glitches" that appear at the home Jurisdiction but these can be kept at home.
On the other hand, an essential defect of using the Centralized, is the requirement of an exact address of defendant. A problem, because there is no possibility of "locating a defendant" or "Skip tracing" The Central Authority does not "searches" for Individuals or Corporations. If a defendant changes address or the address is not correct , if he is a tourist or illegal, service is paralyzed and returned, waisting your time and money, sending you back to square one while court time is running. Interesting to mention is the situation of corporations which can change the address of the registered headquarters and do not have an immediate obligation to notify this changes to the Mercantile registry. The central authority will not pay tfor any expenses such as access to a mercantile regustry.
Another defect, is in the requirement for "Personal Private Service", concept that is understood in different ways in different countries: Bailiffs or Local Judicial Officers apply the local Code of Civil Procedure and not the special instructions received from foreign jurisdictions. In practice, what is understood in Common law as "Personal" is understood in Europe as "Substitute" and the problem increases if we distinguish between service to corporations from service to individuals. When servicing corporations, this must be completed in the person of those individuals who have the power to represent the corporation, that is to say the "officers" publicly listed in the mercantile registry. Therefore service to the front desk, secretary, gardener or any employee of a corporation, is "Substitute service". For individuals, most local laws allow officers to leave documents at the address specified or leave a note in the door as equivalent of service. These officers, do not need to understand the hierarchy of the Hague Convention in this sense and what are the "Lex fori Forums" needs . Instructions for service to the central authority, transform into let's do it our legal which is not necessarily valid on the other jurisdiction.
Remark therefore, that the use of "insistence and perseverance" is not possible by the "Centralized method", its efficiency is not good and it is only, by the use of a private personal server that you can achive the best results, have more legal security on service and what is the most relevant, you will be courteous to your adversary and sure of your case.
These above reasons explain why most Common Law Attorneys have used as many many "tricks" as possible or patches to remove these obstacles of the "Central" method, I do not blame them. Sometimes by the use of "an agent" which often is, their local process server, their friendly "tacky" translation company or their neighborhood's Private Investigators. The reality is, that on the long run, not only they have waisted time and money but they are liable of fraud to international law, defamation, Ilegal practice of law,Revelation of Secrets... and to complete the apocalypse, if not prosecuted or challenged, the judgment obtained will not pass "Exequatur".(Enforcement).
No doubt then, that ignoring European laws, rights of image and privacy amongst other can happen and can have undesired consequences. Jurisprudence has considered that services completed this ways as irregular and have engage the liability of the plaintiff.
The "Lex fori forum" and "Plaintiff's Attorney" are obliged ex-lege to respect the lex-loci or the legal requirements of the jurisdiction where documents will be served and these starts at home with confidentiality, secrecy and a proper translation of documents as the basic right of defendant.
Service of Process must protect the defendant abroad. It is my understanding that "Lex fori" process servers, Non Certified Translations Companies, even with offices in Europe and other intruders in the chain of International litigation can severely contaminate a case.
There are, a series of channels in an "alternatives or decentralized method" , more reliable and with more efficient ways to serve, these are replacing the anachronistic central method.
Centralized Service of Process has the following characteristics:
1.Translation: a. High Cost b. Unnecessary c. No distinction between Individuals and Corporations
2.Service Speed: Slow and can paralize eassily
3.Prior Exam of legality a. Slows down b. Contradictory
4.Exact Address
5.Non Personal Service
6.No Courtesy
7.No Confidentiality
8.....
Hague's Alternative method of International Service of Process
The Alternative method is composed by channels , using them has the same legal value and effects as the "Centralized" method, if the country of "Lex Loci" has presented no express opposition to them,.there is no hierarchy between "Centralized" and "Decentralized" methods.
Art. 10 a, Service by a Currier, UPS, Fedex, DHL, Postal, fax, internet (email or messenger), as confirmed by different jurisprudence are not reliable, even if they are contemplated and accepted in some countries. The reason is that they lack of "legal guarantees of delivery of contents" violating the Principle of Contradiction,and Equality in a fair Judgement. These channels can bring the defendant into "defenseless". Therefore they are mostly considered by jurisprudence as "evidence of an address" more than evidence of a Legal Notification. The Hague Convention permits these in Article 10, but they require some logical complements to be "Legally binding" even if the Convention does not indicates those. Indeed, one can serve blanc pages by mail or fax since nobody will check the contents and thereto obtain a judgment by default. Because of this, I recommend a "Certification of Contents" necessary either on the sending Jurisdictions or in the receiving Jurisdiction by a qualified, but done by a qualified professional that has "Public trust" The postal of fax receipt are not an affidavit.
Understand that the objective of service of process abroad is transmitting information, a legal notification to a defendant, inform him of a "cause" in which he is part and which could have serious consequences in his patrimony, rights and obligations as they will in your own jurisdiction. These rights must be respected and protected by the rules of the legal art in order to avoid Arbitrary application of law and fraud to International law. To avoid this, the Hague Convention canalizes these notifications by taking in consideration internal laws Art. 5 but without providing a way to control it or a procedure for appeal..It imposes the protection of defendant's rights and obligations as well as those of the plaintiff but does not says exactly how this could be materialized. Please determine, not if the notification was done but if it was "properly done. Service by mail, fax or email are very fragile channels that must be avoided..
These alternate channels are symbol of the "Liberty of Transmittal" but have enter into excesses, for exqample the email, reason why the decentralized method, has been wrongly understood by many Common law Attorneys,. Translators and Private Agents. This happened because the "mechanism of service" applied and employed has been the "known one" the one that sound logical, unconsciously applied in violation of foreign laws. Professionals have use what they know, as a reflex, they have used the same manners as for their state notifications and have sent abroad a joke. This has resulted, in failure to enforce, impossibility of judgment recovery or simply a challenged of service. A distinction must be made between a banal Service of Process and an International Service of Process and to honor international justice even if the effects of your judgment will remain in your jurisdiction do that international service properly, is just a matter of International legal courtesy.
The philosophy behind and the rational explanation, is that the concept of "Public trust" is very different to each culture and their legal order. Think about that opposite to Europe,- No Governmental Identification Card exist in common law countries, there is no central land and/or property registry, sometimes Notaries are simple individuals, Process Server and/or Translators have minimal requirements. In old and experienced Europe, everything is "suspicious" and therefore surrounded by the maximum guarantees of legal security enforced by the state at "Felony or Criminal level" to avoid any possible "misunderstanding", "fraud","deviation" or "Abuse".
In Europe. service of process, either for internal purposes, European Purposes or for International foreign courts, is considered as a penetration of "Jurisdictional Power", when completed it is actually a "delegation of powers" to the server. In Europe. the monopoly of legal representation, actuation and consultation, has been given, traditionally and since middle ages, to the different "Legal Corporations". Private agents are excluded of these basic requirements.
The legal professional associations are those of "Huissiers de Justice","Procuradores", "Ufficiali Judiciario","Abogados","Avocats","Advogados".... Unlike common law countries where almost anyone mentaly capable can perform these "legal contents and jurisdictional acts". Please, know that only qualified legal professionals can serve properly and legally in most of Europe since are the only professionals, who can offer "Ex-lege" the required and necessary legal guarantees. Service by a "Agent" as known in common law does not exist in Europe nor in the Hague Convention, it has been used but this usage does not rises service by agents to a legal stage.
Logically explained: If any country's laws of Civil Procedure establishes for internal service of process, a procedure that requires guarantees of public trust; given only by the use qualified professionals, how come, for International Service, you can expect to use anyone? An agent? In conclusion: When in Rome, do as the Romans!
We must distinguish between communications to the Central authority or with the Server and notification or service of process to the defendant. One is an organ and the other a defendant. Communication with the Central Authority of to the server can be by any means, even e-mail Also note that the Hague Convention obliges service of process to have two explicit and implicit requirements for acceptance: voluntarily and knowingly. These can be compared to a "bilateral obligation in Civil Law" (See Article 5 (b) alinea of the Hague Convention). Therefore, if the defendant is not "capable to understand" what he is receiving, service is viced and the "Defendant can refuse service". If documents are not translated he is not "capable to understand". The defendant is not sense to know foreign laws or could be economically challenged, but some presumption exist: If the defendant is not served multilingual Attorney at law and advise at the moment of Service or if the documents contain No Legal Notice and etceteras, the defendant is in "Procedural defenseless".and therefore service of process is not valid and useless. . Service to Corporations doing International Business, those under the Hague of 1956 for "Company recognition" it must be presumed that they speak the language of the Jurisdiction in which the carry business and know their laws. The Hague Convention does not distinguishes between services according to defendant; Individual or Corporations. Therefore, I consider the Hague as placing an obstacle in service to corporations, since the plaintiff is oblige to translate the documents. Logically Corporations should never use the central authority, they do not need it.
The Hague Convention indicates "voluntary acceptance" as a condition of service, this does not mean "Refusal at all times and systematically to get civil or commercial impunity". In this sense, service by Certified Mail, email, fax and other unilateral acts of service, which we can be consider as "Adherence" from defendant to service, have the common denominator that the defendant is not accepting voluntarily, since he is receiving something with unknown contents. The contents will discover later and he is accepting first, therefore contradicting the Hague convention confirming this way that these channels as good for a verification of an address but not of service. In conclusion, Certified Mail, email and fax are not proper ways of serving and a Court accepting this kind of service are refusing rights to the defendant except if they are back up by a qualified professional's Affidavit of service.
"Service by Agent" as understood in common law, is not contemplated in the Hague Convention on Service of Process, it is another automatic reflex and has been used by many common law Attorneys. These agent services have required translations of documents because the Agent used, in most cases speaks the language of the Attorney requiring service. Often he is a foreign national in the country of service, sometimes illegal, but in any case not qualify to do this kind of Job. They provide "Shaky" services based on the fact that they speaks the language of the Attorney requiring service and dare to violate all kinds of laws, anyways most of them have nothing to loose..
These "Merchants of Process serving" use translations to increase profit and to reduce the possibility of future challenge of service. In most European countries, it is considered. that "Legal Guarantees", are only given to, and are given by "registered and insured professionals, recognized and controlled by the governments and grouped in special associations or corporations submitted to strict ethics control: These agents are an insult to law and order. The law and confirmed Jurisprudence protects "defendant's rights" against poor « qualities and qualifications » of a "dummy server" or anyone from here or there, an intruder, who for a "fist full of dollars" will issue an affidavit. Therefore service by "Agent" is possible if and only if the Agent to be used is a qualified legal professional in the country of service.
It is a interesting anecdote, that I found an "International service of process company in Spain" that also does "plumbing" services from the same office, a business run by a felon issuing affidavits even to service completed to non existing address or people he never saw.. It is a shame that Justices and Attorneys in North America often, accept, for international service of process, affidavits of persons that do not offer any guarantees or have the essential "Public trust", looking down and with disrespect the rights of defendants and the laws of procedure of a foreign country. Indeed, employing anyone for international service of process, is a disregard on justice and disrespect for International and local law. To serve properly you must respect foreign laws of procedure! You must understand the European concepts involved in a "Procedural Notification" and respect for "Justice".
Finally, art. 10 c, considers as "Agent" a Judicial officer or bailiff. Service by these agent depend on the kind of person to served: Physical or Juridical. In some jurisdictions, serving a corporation must be to a "Registered Officer" as it appears on the mercantile registry of their country or to their legal department or representative and the place of service has to be the registered headquarters otherwise it will be a substitute service (Individuals or Corporations can be served at their Attorney's office). If Individuals, an agent can served them at their home or place of work., but not in a public place.
One excess of the Hague Convention is the requirement for an exact address for service, meaning that the requester must have the exact information. This requirement reduces the rights of the plaintiff since a qualified legal professional acting as agent can complete service to two addresses to avoid impunity of defendants, that is to say, serve the address in the writ of summons and the legal or present address.
Service can be completed by directly instructing a Judicial officer of a Bailiff, article 10 c of the Convention, employing them as organ and as server, but they will issue am "Act" or document in the official language of the country, you will have to pay for a supplent for translation into English language and eventually the legalization of signature. Our Hydrid service take's care of everything.
Please remember, the principle in Europe is the "Protection of the rights and obligations of litigants" by due diligence completed with integrity and by qualified and reliable professional not an "affidavit" obtained in obscure circumstances at any judicial cause price or at justice expense.
Summarizing: The two main methods both have the same legal value within the Hague Convention and no "Hierarchy"exist amongst them, one is bad and the other is worse, they are equally poor, but combining them is possible and results into a more reliable international service:
WARNING: Translations and Apostilles (Legalizations) are not necessary but if you use them remember that the Translator must be "Certified" by the "Foreign Affairs department" or the "Local Appellate or Superior Court". The use of a local Notary Public to certify the signature in a translation does not corrects the errors of "tacky" translations. The use of a non registered "Attorneys at Law" under most jurisdictions of the European Union for acts reserved to the legal profession causes "contamination of your case", engaging your liability: Protecting the rights of litigants is your obligation. Do not use simply anyone willing to issue a statement of service affidavit if not qualified.
Inventing International Service of Process: The Hybrid system
Our "Hybrid system of international personal private service of process" combines, not only "methods", but also the different channels or options of the convention, applied by steps and in less time that the "centralized". The result is a better service that takes the positive side of each method in order to obtain the best legal guarantees: We consider it as "System" , more than a method, please consult us so we can discuss your case service in detail and how our system applies.
The hybrid system for International Service of Process, heals the disadvantages of the Hague Conference's centralized method and the abuses in the use and application of the decentralized alternate method. It is a non complicated service of process having the characteristics of Legality, reliability and fast. On the other hand, the "system" applies the principles of the Hague Convention combined to each jurisdiction, incoming and outgoing, and their respective laws of procedure. The "legal order" is to obtain with the maximum legality and protection of litigants, its main characteristic is that: Service is double, a preliminary International service and an Euro service.
The system provides that the rights of the plaintiff and defendants are guarantee and protected by registered and insured multilingual Attorneys at Law in the country of service. Documents are delivered personally in all confidentiality by a legal professional who will give advise in the language of the defendant, making it comprehensive by giving complete legal notice and explaining how to proceed. All services are completed with mandatory secrecy and neutrality, Courtesy and professionalism under the respect for internal laws of Civil procedure.
The defendant does not have an option to refuse service, or claim to be "unprotected" there is no "a priori" exam of contents or delay, no translation's cost or apostilles, no promises of service but a "Jurisdictional act completed according to local law by a qualified legal professional", Note the advantages;
a. The defendant does not have an option to refuse service, or claim to be "unprotected" b. Liberty to choose process server within the legal profession market value. c. There is no "a priori" exam of contents or delay in exams d. No translation's cost Nor apostilles, stapples,stamps or clips! e. No doubt on delivery of Contents e. Service with "Professional Integrity" f. Customer service and Affidavit in English g. Une of Bailiff when required h. Service is guaranteed in delivery i. Service is guaranteed in court
.....and much more
Our price list, reflect the need of taking in consideration many legal and practical aspects of service in Europe, specially to avoid incidents and possible cchallenge, appellate "quash" proceeding", we provide services that are cheaper than the "Centralized" method and with the same value.
The different classes of service we proposed vary according to the required time for service: Urgent, and each has different protections. We always start by a "Skip Trace or Locate" in order to obtain an exact address as per mandatory requirement of the Hague Convention and to avoid you unnecessary expenses, then we mail a preliminary service of process to verify the address of delivery and physical existence. Our letter, asking for an appointment or an interview and placing ourselves as neutral Attorneys at Law available as required by law to avoid defenseless by counseling the defendant. During the interview, in presence of a local Judicial Officer or Bailiff when required, we verify the identity of the receiver, his knowledge of the language in which documents are written and explain in detail their rights and obligations. All of this procedure is condensed in a Custom made affidavit that is legalized by the Notary Public of the diplomatic representation of the lex fori (That is to say: the Consul).