Criminal Defendants on Trial – Motions to Dismiss Charges
Before Charges are Filed It is essential to retain an experienced criminal defense lawyer as soon as possible after the accused is arrested. In fact, if the police contact the accused during their investigation but before arrest, it is time to consult with a criminal defense lawyer. As the attorney discusses the investigation with the detective he might be able to convince the police not to make an arrest at all or to arrest on lesser charges. One of the attorney’s primary functions is to attempt to reduce or eliminate the charges. That is the underlying thrust behind motions to dismiss throughout the entire case: to reduce or eliminate charges.
After the arrest there is a slight window of two to three weeks before the State Attorney’s Office files the formal charges. This is a crucial time window. Wouldn’t it be great to be in the conference room when the State’s case filing attorneys are considering what, if any, charges they will file in this case? Well, the accused cannot be there. The experienced criminal defense lawyer knows just how to present the facts in support of his client’s position in front of this esteemed group of prosecutors so that they will give due consideration to the arguments for reducing or eliminating charges. This powerful tool takes place before they actually file charges. This, too, is akin to a motion to dismiss or reduce charges that the attorney can work with even before the case begins in Court.
After Charges Have Been Filed Once the State Attorney’s case filing section decides on the charges, a written Information is filed with the Clerk in the Court file. At this point, these are the formal charges that the attorney will be fighting on his client’s behalf. The Court will set an Arraignment, which is the first Court hearing. The formal charges may be read aloud in open Court unless the accused decides to waive the reading. Next the accused must make a choice between two possible pleas. The attorney will inform the Court if the accused intends to plead guilty [meaning a jury trial is not wanted and the Court can pronounce sentence right away], or the accused can plead not guilty [meaning a jury trial is desired and none of the Constitutional rights will be waived].
If the attorney selects to file a Written Plea of Not Guilty and Demand for Jury Trial with the Court prior to the date of the Arraignment, the Court will waive the presence of the defendant and his/her attorney and the reading of the charges is also waived. This procedure can save the defendant a trip to the courthouse. This is the only Court hearing where the presence of the defendant can be automatically waived. [If a defendant lives out of state or has some particular impediment to appearing in Court personally, the attorney can file a written motion for the Court to waive his/her appearance and obtain an Order to that affect. This is beyond the scope of this article.]
Whether the defendant appears for formal Arraignment or waives it by Written Plea filed by his/her attorney beforehand, the attorney will always ask the Court for 15 days for the filing of Defense motions. The rules of Court generally set the time for making motions to dismiss at the time of Arraignment. It is rare that the lawyer could be prepared so soon in the representation to articulate grounds for dismissing the charges in writing including case citations of law. This is why the attorney asks for more time to investigate whether there are viable grounds for filing a Motion to Dismiss and to perform the proper legal research. If the grounds for dismissal are based on fundamental rights [i.e., rights that arise under the U.S. Constitution] they can be raised at any time during the pre-trial procedure.
The Written Motion to Dismiss There are two basic divisions of the Court system: civil cases concern money issues; criminal cases concern liberty interests. While in civil cases the motion to dismiss is filed with every answer to every complaint and is very often granted by the Court, in criminal cases a motion to dismiss is less often used. That is because in criminal cases the State brings the charges and only the State can change or alter the charges unless there are clear grounds for the Court to take control and dismiss as a matter of law. For example, if the statute of limitations has run, the Court can determine that from the record and dismiss that charge as a matter of law.
The criminal law motion to dismiss is actually more like the civil law motion for summary judgment. In both of these, the party making the motion is saying in effect that there are no material facts in dispute and therefore the law requires that the charge/complaint be dismissed. In civil cases, the other party will try to file affidavits or statements under oath that controvert the facts and thus require the case to go to a jury to decide the factual questions. In criminal cases, the State can file a traverse which is a response outlining the facts that are actually in dispute. If the State can show that there is a factual dispute, the motion to dismiss must be denied and the case must go to the jury to decide those facts.
The motion to dismiss must be made in writing and state that there are no material disputed facts and that the undisputed facts do not establish a prima facie case of guilt or that they do establish a complete defense. The attorney will cite to police reports, affidavits, depositions under oath, etc. to support the motion to dismiss. The motion must be sworn to under oath by the defendant or by someone with personal knowledge. All defenses available by plea, other than not guilty, must be raised by a motion to dismiss whether they relate to matters of form, substance, former acquittal, former jeopardy, not guilty by reason of insanity, or any other defense.
The function of the attorney remains constant. He is consistently trying to reduce or eliminate charges.
The State’s Response to the Motion to Dismiss If the motion is sufficient on its face, the State must oppose by either traverse or demurer. A traverse says that the motion’s factual assertions are false or incomplete and issues of fact remain as to whether the defendant committed the crime. A demurrer says that even if the facts alleged by the defendant are true and complete, dismissal cannot be granted as a matter of law. If the state’s traverse or demurrer indicates ultimate facts that raise a material issue of fact in the case, the Court must deny the motion to dismiss.
Evidentiary Uses Sworn motions to dismiss and traverses are sharp tools in the criminal defense lawyer’s hand as he crafts this pretrial battle. Even more they are power weapons for the trial because they are now in the record as admissions by party opponents. They will be admissible as substantive evidence if any of the State’s witnesses change their testimony slightly at trial. As always, they can be used to impeach the witness’ credibility.
Now it can be better understood why experienced criminal defense lawyers, whose role is to reduce or eliminate charges, seek to utilize the powerful tool of motions to dismiss in order to better their client’s position during both pretrial and jury trial.
Procedure For Equipment Maintenance in ISO 9001
The purpose of this procedure is to regulate the planning and inspecting maintenance of equipments and machines while implementing process of production industry. The maintenance is to minimize and prevent from unexpected incidents caused by machines influencing the plan and schedule of production.
This procedures include steps as follows:
1. Need of equipment maintenance:
Due to the fact is that maintenance of machines and equipments is very important to the implementation of production industry, so the need of machines maintenance is set up to eliminate and prevent from unexpected incidents by machines and equipments that may affect to the plan and progress of production.
2. Making list of equipments
All machines and equipments that are working are conforming to requirements of production. The maintenance will coordinate with other Heads of departments (HODs) to make a list of each equipment for checking, preparing to replace, or repairing to submit to Technical department for approval.
3. Making a schedule of investigation:
Based on the machines and equipments that are using and depending the capacities and purposes of specialized equipments, the maintenance will make a schedule of investigation accordingly identifying the machines that serve requirements of practical products and give schedule of maintenance periodically or regularly maintained according to frequency of using.
4. Implementation of Investigation:
Based on plan of investigation, the maintenance department will investigate machines and equipment and record clearly:
o The duration of time used
o The duration of time maintained previously
o Trouble shootings earlier.
o Status of machines and equipments.
o Need repairing, replacing or maintenance.
5. Making schedule of maintenance:
After investigation and examination, the maintenance department will review the frequency of using of each machine so as to make a schedule of specific maintenance for each kind of machine and equipment.
o After identifying purpose and the importance of each machine in production, the maintenance department will make a schedule of maintenance for each of equipment as regulated by designers.
6. Material estimate:
Once having schedule of maintenance or repair, the maintenance will inspect to identify the causes leading trouble shootings, make a material estimate request to supply accessories of the equipment that need repairing at definite time. At the same time, there will be supervision and inspection from Head of department where machines or equipments are used.
7. Implementation:
Once having made material estimate and provided, Maintenance Department carry out repair based on the plan of maintenance and approval for repair. After the maintenance is finished, the maintenance will coordinate with the using department to make a report of inspection and evaluating quality of equipment and machines to put into operation and stating clearly about status of equipments that are replaced.
8. Updating files:
When finishing maintenance and repair, the maintenance Dept. will file each of machine whose accessories are repaired and for how long they can work as well as make a file for each machine.
Asbestos Home Test Kit Review
Home test kits for asbestos testing are sold in several stores and online, and this article reviews these asbestos home test kits to determine whether they are a good deal or not. The asbestos test kits seem like an inexpensive way to assess asbestos exposure, but do they work and are the worth the price? The short answer is that they are a scam, but this is explained further below.
Why Test for Asbestos?
Asbestos is mineral that can form in such small fibers that it can easily become airborne and inhaled into the lungs. Once this occurs, there is a chance of asbestosis and mesothelioma cancer occurring. The more frequently and longer this occurs, the better chance of these illnesses developing.
Test Kit Issues
The first thing one must do before purchasing a home test kit is to determine if lab fees are covered in the cost. Asbestos presence in materials cannot be determined without analysis by a microscope, so for the most part these test kits are simply ‘sampling’ kits. The real analysis is performed in the lab. The problem is if the kit does not include lab fees, then you are basically just paying for a few Ziploc plastic bags. That is pretty much all these kits contain – a few Ziploc bags to put your samples into before sending them off to the lab. How much does 2-3 Ziploc bags cost? I would hazard that they are less than an asbestos test kit.
The next issue is if you go ahead and spend the money for the handful of Ziploc bags (a.k.a. ‘test kit’), is the lab that is chosen for you going to give you a good deal? The answer is likely ‘no’. The lab fees with these kits can run $40. Many asbestos labs hate dealing with private individuals, but they will still quote a ‘high’ fee of $20 or so. Their real industry clients often get quoted $6 to $10 per sample, and you can sometimes find labs that will give this price to random Joe’s off the street as well. The US government maintains a list of accredited labs at ts.nist.gov/Standards/scopes/plmtm.htm.
Conclusion
So the problem with these home test kits is that first you pay several dollars for several cents worth of the Ziploc bags, then if you follow the instructions you will send these to a lab that will way over-charge you. You can just as easily buy your own Ziploc bags and send the samples to whatever lab gives you the best deal.
Human Resource Information System – HRIS
Human Resource Information Systems
The purpose of this paper is to identify other companies who have faced similar human resources issues in regards to information technology. Through benchmarking different companies we can learn how other companies have handled certain human resources issues related to information technology, information systems, new technology, and data security. An overall analysis has been completed using research on IBM Europe, Ameriprise Financial, Terasen Pipelines, Shaw’s Supermarkets, CS Stars LLC, IBM, WORKSource Inc., and Toshiba America Medical Systems, Inc. This paper also includes eight synopses of companies facing similar issue to those in the reading.
New Technology
With the changing world and constant new technology that is available, managers need to be aware of the technology that will increase effectiveness in their company. Human resource information systems (HRIS) have increasingly transformed since it was first introduced at General Electric in the 1950s. HRIS has gone from a basic process to convert manual information keeping systems into computerized systems, to the HRIS systems that are used today. Human resource professionals began to see the possibility of new applications for the computer. The idea was to integrate many of the different human resource functions. The result was the third generation of the computerized HRIS, a feature-rich, broad-based, self-contained HRIS. The third generation took systems far beyond being mere data repositories and created tools with which human resource professionals could do much more (Byars, 2004).
Many companies have seen a need to transform the way Human Resource operations are performed in order to keep up with new technology and increasing numbers of employees. Terasen Pipelines moved its headquarters from Vancouver to Calgary to be closer to the oil and realized a major growth in employees. In the past recording keeping was done on paper and with spreadsheets. Mangers at Terasen realized that there was a need to change to a more computerized system and looked into different HRIS vendors. By making the move to a HRIS system, Terasen is able to keep more accurate records as well as better prepare for future growth. Another company that saw the benefits of keeping up with new technology is WORKSource Inc. To meet the challenge of handling 100 new employees, WORKSource Inc. acquired Web-based technology programs from GHG Corp. like electronic pay stub, electronic timesheet software, time-off system, and human resource information system (“Tips,” 2006). By adapting these new programs, WORKSource was able to reduce waste and cost.
The Internet is an increasingly popular way to recruit applicants, research technologies and perform other essential functions in business. Delivering human resource services online (eHR) supports more efficient collection, storage, distribution, and exchange of data (Friesen, 2003). An intranet is a type of network used by companies to share information to people within the organization. An intranet connects people to people and people to information and knowledge within the organization; it serves as an “information hub” for the entire organization. Most organizations set up intranets primarily for employees, but they can extend to business partners and even customers with appropriate security clearance (Byars & Rue, 2004).
Applications of HRIS
The efficiency of HRIS, the systems are able to produce more effective and faster outcomes than can be done on paper. Some of the many applications of HRIS are: Clerical applications, applicant search expenditures, risk management, training management, training experiences, financial planning, turnover analysis, succession planning, flexible-benefits administration, compliance with government regulations, attendance reporting and analysis, human resource planning, accident reporting and prevention and strategic planning. With the many different applications of HRIS, it is difficult to understand how the programs benefit companies without looking at companies that have already benefited from such programs.
One such company is IBM. IBM has a paperless online enrollment plan for all of its employees. Not only has the online enrollment saved the company 1.2 million per year on printing and mailing costs, the employees enjoy working with the online plan. “Since we began offering online enrollment, we’ve learned that employees want web access,” Donnelly [Senior Communications Specialist] says, so they can log on at home rather than through the company intranet. So the company has been working to put in place a web-based enrollment system that employees and retirees can access from anywhere (Huering, 2003). By utilizing the flexible-benefits application HRIS has to offer, IBM was able to cut costs and give employees the freedom to discover their benefits on their own time and pace.
Another company that has taken advantage of HRIS applications is Shaw’s Supermarkets. In order for Shaw’s to better manage its workforce, the company decided it was time to centralize the HR operations. After looking at different options, Shaw’s decided to implement an Employee Self Service (ESS) system. The use of self-service applications creates a positive situation for HR. ESS gives HR more time to focus on strategic issues, such as workforce management, succession planning, and compensation management, while at the same time improving service to employees and managers, and ensuring that their data is accurate. With this solution, employees have online access to forms, training material, benefits information and other payroll related information (Koven, 2002). By giving employees access to their personal information and the ability to update or change their information as needed, HR was given more time to focus on other issues. Understanding the different applications HRIS has to offer will give companies the chance to increase employee efficiency and reduce costs.
Measuring the Effectiveness of HRIS
The evaluation should determine whether or not the HRIS has performed up to its expectations and if the HRIS is being used to its full advantage (Byars & Rue, 2004). One of the most significant challenges faced by public personnel executives today is measuring the performance of their human resources information system (HRIS) In order to justify the value-added contribution of the HRIS to accomplishing the organization’s mission (Hagood & Friedman, 2002). Implementing an HRIS program may seem a necessary stem for a company, but unless it will be an effective tool for HR operations, it will not help increase efficiency and may hinder it instead.
One company that implemented a HRIS system is Toshiba America Medical Systems, Inc. (TAMS). TAMS put all employee benefits information online and created an open enrollment option when TAMS changed healthcare providers. Almost immediately upon rolling out the UltiPro portal [new HRIS technology] to employees, TAMS began seeing improvements, with an estimated 70% increase in open enrollment efficiency (Wojcik, 2004). By determining the efficiency of the new program, TAMS was able to realize the benefits of the new HRIS system.
Security of HRIS
The privacy of employee information has become a major issue in recent years. With identity theft becoming a common problem, employees are becoming more sensitive about who sees their personal information, and the security it is kept in. By making sure employee information that is kept in the HRIS is relevant to the company and making sure there is limited access (password protection) to such information, companies can make its employees more secure with the safety of their information. Whether electronic or paper, employee files deserve to be treated with great care. Establishing security and end-user privileges calls for a balance of incorporating, HR policy, system knowledge and day-to-day operations (O’Connell, 1994).
One company that faced a major security issue was CS Stars, LLC. CS Stars lost track of one of its computers that contained personal information that included names, addresses and social security numbers of workers compensation benefits. The bigger problem was that CS Stars failed to notify the affected consumers and employees about the missing computer. Though the computer was retrieved and no information seemed to have been harmed, many employees lost their sense of security with the company. New York’s Information Security Breach and Notification Law, effective in December 2005, requires businesses that maintain computerized data which includes private information to notify the owner of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization (Cadrain, 2007).
Another company that experienced a breach in security is Ameriprise Financial. In late 2005, a computer that contained personal information on clients and employees was stolen. Because many of the employees at Ameriprise take their computers between work and home, the company determined there was a need to put more security into those computers. Ameriprise made sure all employees had the new security suite installed on their computers. By responding quickly to the need for more security, Ameriprise made sure all information is being kept secure. Making sure employees information is kept as secure as possible there will be more trust in the company and the HR employees working with that information.
Conclusion
IBM, Terasen Pipeline, CS Stars LCC, and Toshiba America Medical Systems, Inc. are good examples of companies facing issues similar to human resources information technology and human resources information systems. All of these companies know the importance of new technology, human resources information systems, and data security. The remainder of this paper provides synopses of more companies facing human resources issues, how the company responded to the issues, and the outcomes of the company’s responses.
Companies Benchmarked
IBM Europe
The Situation:
IBM is a global organization offering research, software, hardware, IT consulting, business and management consulting, ring and financing. It employs around 340,000 people, speaking 165 languages across 75 countries, and serving clients in 174 countries. In January 2007, IBM established a separate “new media” function within its corporate communication department. IBM main goal is to educate, support, and promote programs that utilize social media. IBM Europe decided to expand internal communication by blogging guidelines. The recognition was that blogging was already happening among IBMers, just in an unregulated way. In a similar way, institutionalizing a function to deal specifically with new media is not a corporate move, or establishing from scratch. It’s a response to the issues already emerging in the company. Now that those technologies are here, people are using them, they’re growing and there here to stay-we’re just going to put some structure around them so that we can try to optimize their use.” The users decide what technologies they want to use and how they want to use them. That main idea is that IBM understands that they must remember to respect the fact that social media are social. IBM had the need to connect its 340,000 global employees more effectively.
The Response:
IBM’s intent around social media has now been officially formalized. From January 22 2007, the company established a separate “new media” function within its corporate communication department. “Its remit: To act as expert consultants inside and outside IBM on issues relating to blogs, wikis, RSS and other social media applications. The main idea is to educate, support and promote programs that utilize these tools. IBM has a history of being a t the forefront of technology based corporate communication. From the multimedia brainstorming “WorldJam” that made news headlines back in 2001 in which 50,000 employees worldwide joined a real time, online idea-sharing session about the company’s direction. IMB has always prepared itself to use breakthrough technologies to establish a two-way dialogue with its employees. The need for social media was necessary and could no longer wait.
The Outcome:
In the last few years IBM has been recognized as being the vanguard of social-media use: IBM was on of the first Fortune 500 companies to get behind collaborative wikis, published internal blogging guidelines as far back as 2003, and is now moving fast beyond RSS and podcasts into videocasting and “virtual world” technologies like Second Life. The intranet search facility extends to all areas of the site, including new media aspects. When an employee logs onto their portal an executes a key word search, the results they get back not only come from the main intranet pages, but include results from IBM forums, wikis, blogs and podcast/videocasts tags. IMB has an understanding that employees are no longer staying in a company their entire lives. It’s just not like that any more. In Belgium for example over 50 percent of 2,300 employees have been there fewer than five years. The company has come to the conclusion that with an increasingly young and mobile workforce, the likelihood is that an employee population full of a younger generation, for whom these tools are part and parcel of life, is not that far away. In years to come IBM will have to deal with employee base for which blogging is just the natural way to interact over a web platform. IBM has created centralized platforms for most tools that fall under its remit, which includes wikis. For Philippe Borremans, new media lead Europe for IBM, has the potential business applications of a wiki cover two broad benefits: Collaborating and knowledge sharing. IBM has scored some notable successes on both fronts in the near 5000 wiki pages now up and running in the organization. The company has been a huge pick-up in interest in podcasting over the last 18 months writing can seem such a technical skill, whereas people feel they can talk more freely than they can write. One of the most consistently popular IBM podcasts, with over 20,000 downloads a week.
Ameriprise Financial
The Situation:
The Department of Justice survey estimates that 3.6 million U.S. households were victims of identity theft in 2004. Trafficking in personal date goes beyond U.S. borders: the New York Times reports that stolen financial information is often distributed among participants of online trading boards, and the buyers are frequently located in Russia, Ukraine, and the Middle East. One reason clients are concerned about data security is the widespread publicity generated by breaches at financial services firm. In late December 2205, an Ameriprise Financial employee’s laptop that contained unencrypted data on approximately 230,000 customers and advisors was stolen from a car. Other financial services firm, including Citigroup and Bank of America, also acknowledge large-scale customer data losses in 2005. President of NCS, Rita Dew, a compliance consulting firm in Delray Beach, Florida, says that the Securities and Exchange Commission requires investment advisors to have policies and procedures that address the administrative, technical, and physical safeguards related to client records and information.
The Response:
Ameriprise Financial had to fight back and had to implement “layers of protection.” It is important for employees who their primary business computer, and employees regularly transport the computer between home, office, and meeting sites. The vulnerability of this arrangement and the need for a safety software program is much needed.
The Outcome:
Employees who are transporting lab tops should install the Steganos Security Suite on their computer. This software allows employees to create an encrypted virtual drive on the laptop that serves as data storage safe. Employees stores all client related data and tax preparation software database on the encrypted drive, which employees has set up with one gigabyte of storage space. The best thing is that when an employee turns off the computer the information is stored “safe”, the software automatically encrypts the virtual drive’s data. The software also generates encrypted backup files, which employees store on CDs in a fireproof safe. This should keep the data secure if any employee’s laptop is stolen or if the drive is removed from the laptop. Other financial advisors are relying on encryption both in and out of the office. Other programs that are being used to protect client’s information are RAID Level 1 system to store data on the drives that are encrypted with WinMagic’s SecureDocs software. Encryption ensures that anyone who steals the computer will be absolutely unable to read the data, even by connecting it to another computer as a “slave drive. This has given many financial advisors the greatest peace of mind.
Terasen Pipelines
The Situation:
Terasen Pipelines is a subsidiary of Terasen Inc. located in Vancouver, Canada and is located in several provinces and U.S. states. In 2001 the company changed its headquarters to Calgary to be closer to the oil. With the big move, the company went through a growth spurt. With the company in many different locations and the growing numbers of employees, the HR department saw a need to find a new system to keep more accurate records.
The Response:
In the past Terasen had kept records on paper and with spreadsheets and with the growth of the company, this system does not work as well as in the past. In order to compensate for future growth, Terasen began to look into HRIS companies to help with the HR operations. After researching different companies, Hewitt’s application service provider model with eCyborg was found to be the right fit.
The Outcome:
Although there was difficulty adapting to a new way of recordkeeping, Terasen was able to find a system that will help support the current and future growth of the company. Fortunately, some of the HR staff had experience working with an HRIS and were able to help their colleagues imagine new processes, as aided by a system. One theme often voiced throughout this process was: “You guys don’t know how hard we’re working when we can make it so much easier with a system that could do a lot of this for us. You don’t always have to run to the cabinet for the employee file just to get basic information. It can all be at your fingertips.” (Vu, 2005). In order to help Terasen ease the HR burden of implementing a new HR system, the management of Terasen was convinced to look for a vendor to help implement and maintain a HRIS system. This system has helped Terasen better prepare for current and future growth.
Shaw’s Supermarkets
The Situation:
Shaw’s Supermarkets is the second largest supermarket chain in New England. With a workforce of 30,000 located at 180 stores throughout six states, Shaw’s HR staff is responsible for managing employees’ personal data. Their employee mix includes approximately 70 percent part-time employees, consisting of students, senior citizens, second-job part-timers, and career part-timers. One third of the workforce is made up of union associates, and Shaw’s staff oversees the company’s involvement with three unions and six separate contracts (Koven, 2002). In order to help manage the workforce, the HR staff became interested in centralizing its HR operations.
The Response:
In order to centralize HR operations Shaw’s decided to implement an ESS (employee self-service) solution. The use of self-service applications creates a positive situation for HR. ESS gives HR more time to focus on strategic issues, such as workforce management, succession planning, and compensation management, while at the same time improving service to employees and managers, and ensuring that their data is accurate. With this solution, employees have online access to forms, training material, benefits information and other payroll related information.
The Outcome:
Shaw’s has had positive feedback since implementing the ESS solution. “The reaction from our employees has been extremely positive,” Penney, VP of Compensation and Benefits, says. “We even had a significant increase in our medical coverage costs, and it was almost a non-issue because the online enrollment featured the plan choices, the employee cost, and the company subsidy. An employee self-service application makes it very easy for them to understand their contributions and coverage options. I received several e-mails from employees saying this was a great change and how easy ESS was, which the case is not often when employees are selecting their benefit options.” (Koven, 2002). By giving the employees more access to their information they are able to see the benefit choices available to them. Employees are also able to update their information online, which helps reduce the paperwork of the past. Shaw’s has also seen improvement in productivity because employees are updating information at home, not during work hours.
CS Stars, LLC
The Situation:
New York Attorney General Andrew Cuomo has announced that New York State has reached its first settlement with a company charged with failing to notify consumers and others that their personal data had gone missing. Cuomo’s office, which enforces the state’s 2005 Information Security Breach and Notification Law, charged CS STARS LLC, a Chicago-based claims management company, with failing to give notice that it had lost track of a computer containing data on 540,000 New Yorkers’ workers’ comp claims.
The Response:
The owner of the lost data, which had been in the custody of CS STARS, was the New York Special Funds Conservation Committee, an organization that assists in providing workers’ comp benefits under the state’s workers’ comp law. On May 9, 2006, a CS STARS employee noticed that a computer was missing that held personal information, including the names, addresses, and Social Security numbers of recipients of workers’ compensation benefits. But CS Stars waited until June 29, 2006, to notify Special Funds and the FBI of the security breach. Because the FBI declared that notice to consumers might impede its investigation, CS STARS waited until July 8, 2006, to send notices to the 540,000 New Yorkers affected by the breach. On July 25, 2006, the FBI determined an employee, of a cleaning contractor, had stolen the computer, and the missing computer was located and recovered. In addition, the FBI found that the data on the missing computer had not been improperly accessed.
The Outcome:
New York’s Information Security Breach and Notification Law, effective in December 2005, requires businesses that maintain computerized data which includes private information to notify the owner of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The law affects not only businesses in their dealings with their customers, but employers in their role as custodians of employees’ personal data. (Cadrain)
Without admitting to any violation of law, CS STARS agreed to comply with the law and ensure that proper notifications will be made in the event of any future breach. The company also agreed to implement more extensive practices relating to the security of private information. CS STARS will pay the Attorney General’s office $60,000 for costs related to this investigation. (Cadrain)
IBM
The Situation:
IBM’s paperless online enrollment system, introduced in 1999, has proved to be a winner for both the company’s 135,000 active U.S. employees and the company, according to Cathleen Donnelly, senior communications specialist at company headquarters in Armonk, N.Y. The company saves $1.2 million per year on printing and mailing costs alone, Donnelly says, and the employees’ can take advantage of a variety of technologies to learn about issues, research program information and access decision support tools from their desktop computers. (Heuring, 2002)
The Response:
One of those tools, a personal medical cost estimator, enables employees to calculate potential out-of-pocket health care expenses under each of the plan options available to them, Donnelly says. Employees log in personally and are greeted by name and with important information regarding their benefits enrollment, such as the deadlines and when changes take effect. They automatically get access to health plans that are available to them, and the calculator lets them compare estimated benefit amounts for each plan.
“Employees can select the health care services they expect to use in a particular year, estimate expected frequency of use, and calculate potential costs under each plan option,” Donnelly says. “The feedback that we’ve received from employees tells us that this tool has really helped them to make a comparison between plans based on how they consume medical services.” The calculator shows both IBM’s costs and the employee’s. (Heuring, 2002)
The Outcome:
“Since we began offering online enrollment, we’ve learned that employees want web access,” Donnelly says, so they can log on at home rather than through the company intranet. So the company has been working to put in place a web-based enrollment system that employees and retirees can access from anywhere.
Employees can get summary information on the plans, drill down into very specific details and follow links to the health care providers for research. Donnelly says the system has received high marks for convenience because employees can “get in and out quickly.”
WORKSource Inc.
The Situation:
To meet the challenge of handling 100 new employees, WORKSource Inc. acquired Web-based technology programs from GHG Corp. like electronic paystub, electronic timesheet software, time-off system, and human resource information system (“Tips,” 2006). These tools enabled CEO Judith Hahn to handling payroll procedures efficiently and effectively.
The Response:
WORKSource has eight workforce centers, with approximately 108 employees, located throughout a six-county region. Previously, payroll, benefits, and human resources for those employees were processed and managed by a Professional Employer Organization. The company also has 52 administrative staff in its headquarters office. When the contract with the PEO terminated on June 30, 2006, those 108 employees were immediately moved to the payroll of WORKSource, which meant Hahn’s workload more than doubled effective July 2006 (“Tips,” 2006).
Hahn, in an interview with PMR, said she relied on LEAN to help get a handle on what needed to change for her to manage the increased workload. Two years earlier, Hahn’s CEO had introduced her to LEAN, a Japanese management concept of eliminating wasteful steps and motion when completing processes. “I began to read as much as possible about LEAN and joined an HR LEAN focus group” (“Tips,” 2006).
The Outcome:
Mastering the concepts of LEAN led Hahn to develop and apply her own acronym of “REASON” to her department’s payroll and HR processes. Review the process: map payroll tasks from start to finish. Eliminate waste: determine how to complete a payroll task most efficiently without unnecessary steps. Analyze alternatives: research and evaluate the applicability of new technology. Sell innovations to management: document the return on investment of each innovation. Open the lines of communication: communicate openly—and often—with all stakeholders, including employees and top management. Never allow negativity: make change simple and fun. Give employees plenty of encouragement and time to learn (“Tips,” 2006). Judith Hahn was able to implement the right human resource functions using information systems.
Toshiba America Medical Systems Inc.
The Situation:
Lynda Morvik, director of benefits and human resources information systems at Tustin, California-based Toshiba America Medical Systems Inc. (TAMS), thought it would make sense to add a benefits communication component to it. By having all the benefit information online, the TAMS employee handbook would also be a living document, enabling Morvik to make changes when necessary. Such was the case halfway through the project, when TAMS changed health care plans from Aetna Inc. to United Health Group Inc (Wojcik, 2004).
The Response:
TAMS, an independent group company of Toshiba Corporation and a global leading provider of diagnostic medical imaging systems and comprehensive medical solutions, such as CT, X-ray, ultrasound, nuclear medicine, MRI, and information systems, had been using a payroll service bureau and an in-house solution for HR that didn’t include easy-to-use consolidated reporting or an employee portal. After evaluating UltiPro alongside several enterprise resource vendors, TAMS selected Ultimate Software’s offering and went live in September 2002 after an on-time and on-budget implementation. Almost immediately upon rolling out the UltiPro portal to employees, TAMS began seeing improvements, with an estimated 70% increase in open enrollment efficiency (Wojcik, 2004).
The Outcome:
In an effort to expand the usage of the Web beyond the benefits enrollment process, TAMS has posted a library of documents and forms on its HR portal, including the benefits handbook, which garnered a 2004 Apex Award for publication excellence. That same year, Business Insurance magazine also gave TAMS the Electronic Benefit Communication (EBC) award for outstanding achievement in communicating employee benefits programs over the Web. To continue elevating its use of Ultimate Software’s HRMS/payroll solution, TAMS modified the UltiPro portal to meet the imaging company’s unique needs (Wojcik, 2004). It was completely integrated with several proprietary applications created to address compensation and performance management issues so that TAMS employees have a central location for comprehensive workforce and payroll information from a Web browser that they can access with a single sign-on (Wojcik, 2004).
References
Byars, Lloyd L. & Rue, Leslie W. (2004). Human Resource Management, 7e. The McGraw-Hill Companies.
Cadrain, Diane (2007). New York: Company Settles Data Breach Charges. Retrieved June 3, 2007 from [http://www.shrm.org/law/states/CMS_021505.asp#P-8_0]
Clarifying IBM’s Strategic mission for social media (2007). Strategic Communication
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Friesen, G. Bruce (2003). Is your client ready for eHR? Consulting to Management, 14(3), 27. Retrieved June 3, 2007 from ProQuest Database.
Hagood, Wesley O. & Friedman, Lee ( 2002). Using the balanced scorecard to measure the performance of your HR information system. Public Personnel Management, 31(4), 543-58. Retrieved June 3, 2007 from ProQuest Database.
Heuring, Linda (2003). IBM: Laying Outing Enrollment Options. Retrieved June 2, 2007 from [http://www.shrm.org/hrmagazine/articles/0803/0803heuring_paperless.asp]
Koven, Jeff (2002). Streamlining benefit process with employee self-service applications: A case study. Compensation & Benefits Management, 18(3), 18-23. Retrieved June 2, 2007 from ProQuest Database.
O’Connell, Sandra (1994). Security for HR records – human resources. HR Magazine. Retrieved June 3, 2007 from [http://findarticles.com/p/articles/mi_m349] 5/is_n9_v39/ai_16309018
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Tips on Using Technology to Streamline Payroll Processes – and Cut Costs (2006). Payroll Managers Report, 6(10), 1-9. Retrieved June 2, 2007 from EBSCOhost Database.
Vu, Uyen (2005). Contracting out HRIS easy call at Terasen Pipelines. Canadian HR Reporter, 18(4), 5-9. Retrieved June 2, 2007 from ProQuest Database.
Wojcik, J. (2004). Toshiba Employee Handbook Goes Online. Business Insurance, 38(49), 18.
Retrieved June 2, 2007 from EBSCOhost Database.
The History Of Industrial Engineering
The Accreditation Board for Engineering and Technology defines industrial engineering as: the profession in which a knowledge of the mathematical and natural sciences gained by study, experience and practice is applied with judgment to develop ways to utilize economically, the materials and forces of nature for the benefit of mankind concerned with the design, improvement and installation of integrated systems of people, materials, equipment and energy. It draws upon specialized knowledge and skill in the mathematical, physical and social sciences together with the principles and methods of engineering analysis and design to specify, predict and evaluate the results to be obtained from such systems.
History
The origins of industrial engineering can be traced back to many different sources. Fredrick Winslow Taylor is most often considered as the father of industrial engineering even though all his ideas where not original. Some of the preceding influences may have been Adam Smith, Thomas Malthus, David Ricardo and John Stuart Mill. All of their works provided classical liberal explanations for the successes and limitations of the Industrial Revolution.
Another major contributor to the field was Charles W. Babbage. a mathematics professor. One of his major contributions to the field was his book On the Economy of Machinery and Manufacturers in 1832. In this book he discusses many different topics dealing with manufacturing, a few of which will be extremely familiar to an IE. Babbage discusses the idea of the learning curve, the division of task and how learning is affected, and the effect of learning on the generation of waste.
In the late nineteenth century more developments where being made that would lead to the formalization of industrial engineering. Henry R. Towne stressed the economic aspect of an engineer’s job. Towne belonged to the American Society of Mechanical Engineers (ASME) as did many other early American pioneers in this new field. The IE handbook says the, “ASME was the breeding ground for industrial engineering. Towne along with Fredrick A. Halsey worked on developing and presenting wage incentive plans to the ASME. It was out of these meetings that the Halsey plan of wage payment developed. The purpose was to increase the productivity of workers without negatively affecting the cost of production. The plan suggested that some of the gains be shared with the employees.. This is one early example of one profit sharing plan.
Henry L. Gantt belonged to the ASME and presented papers to the ASME on topics such as cost, selection of workers, training, good incentive plans, and scheduling of work. He is the originator of the Gantt chart, currently the most popular chart used in scheduling of work.
hat would Industrial Engineering be without mentioning Fredrick Winslow Taylor. Taylor is probably the best known of the pioneers in industrial engineering. His work, like others, covered topics such as the organization of work by management, worker selection, training, and additional compensation for those individuals that could meet the standard as developed by the company through his methods.
The Gilbreths are accredited with the development of time and motion studies. Frank Bunker Gilbreth and his wife Dr. Lillian M. Gilbreth worked on understanding fatigue, skill development, motion studies, as well as time studies. Lillian Gilbreth had a Ph.D. in psychology which helped in understanding the many people issues. One of the most significant things the Gilbrethss did was to classify the basic human motions into seventeen types, some effective and some non-effective. They labeled the table of classification therbligs. Effective therbligs are useful in accomplishing work and non-effective therbligs are not. Gilbreth concluded that the time to complete an effective therblig can be shortened but will be very hard to eliminate. On the other hand non-effective therbligs should be completely eliminated if possible.
In 1948, the American Institute for Industrial Engineers (AIIE), was opened for the first time and began to give a professional authenticity for the practicing engineers. Up to this time industrial engineers really had no specific place in the hierarchy of a company. The ASME was the only other society that required its members to have an engineering degree prior to the development of the AIIE.
What is the future for Industrial Engineers? With analytical methods and the advancing technologies for the computer, modeling complex production and service systems will become more and more an every day task.
Performing a motion study. Every job can be broken down into its’ fundamental work elements. The Gilbreth family found that there are seventeen of these motions. The time to complete each motion does not change. Jobs can be studied visually or through the assistance of a camera for micro-motion studies.
The environment for the workers also needs to be set up to promote efficiency of work. Tools should be placed in fixed locations to eliminate the search and selection therbligs. Work surfaces and chairs should be adjusted to the correct working heights to eliminate stress. Whenever possible, gravity feeders should be used to deliver parts to the correct location. The worker’s tools should be designed to eliminate multiple cuts. Adjustment handles should be designed to maximize the operator’s mechanical advantage.
Performing a time study. Without a standard the company will find it hard to estimate lead-time on their products. Times very greatly when the employee does not know what the expectation of company is. In order to correct this problem the IE will develop a fair standard expectation for each operation. It has been estimated that 12% of a company’s total cost comes from direct labor. Another 43% of cost comes from the material cost. The other 45% is spent in overhead. So the idea that the largest productivity gains can be felt on the floor does not hold up in this light. A good time study will take into account the unavoidable delays, fatigue, and to an extent, outside interferences. Time for wasteful steps, such as searching for tools, will not be included in the final standard. The expectation is that the workplace will be designed to accommodate the work and will be free from this type of waste.
Set-Up Times Set up time is the amount of time it takes to begin producing different parts on a machine. If set-up times remain large the company will operate with high levels of work in progress and finished goods tying up the companies valuable capital. Companies that fail to reduce their set-up times have a tendency to look sluggish in regards to their customers.
Cost An IE will generally be responsible for coming up with a cost analysis on the equipment purchase. There are a several ways of coming up with this. Lifehow long the machine is expected to last when developing the cost analysis.
Efficiency The traditional way of looking at efficiency was to keep the machine running at a 100% The idea was the cost of the machine could be spread out over the amount of time it was kept running. The higher the machines efficiency, time running / time available, the better the accounting numbers looked in regards to machine cost.
Material The IE is concerned with the delivery and flow of material throughout the plant, often the plant has evolved as the company has.
Lot size To allow the manufacturer to stay flexible the production lot sizes should be minimalized. This will only be economical after the reduction of machine set-ups have been achieved.
Inventory Levels Since inventory is capital that cannot be converted until finished and purchased by a consumer, it should be kept to a minimal. Inventories not only tie up capital but if the customer requests a change then the inventory runs the risk of becoming obsolete.
Quality The quality of the material can affect all parts of the system. Poor quality material often introduces excessive amounts of rework into each of the processes. A typical job for an IE would be to work with the quality department to set up a Quality Management system QMS.
Maintenance The amount of maintenance that the machine is going to require is a variable that must be considered. Another issue about maintenance is whether or not the staff on hand will need to be retrained.
Stud Spacing and Wall Framing
Remodeling and building homes over the years I have seen all sorts of stud spacing measurements in bearing and non-bearing walls.
How far should we space a framing stud in a bearing wall?
Most plans will give you this information. If you have a structural shear wall the plans will tell you what size of lumber to use at the plywood breaks. The normal spacing on a bearing wall will be 16 inches on center unless otherwise noted on the building plans. This is the most common spacing for studs in a wall.
How far can we space framing studs in a nonbearing wall?
I have seen studs spaced as far as 24 inches on center in a nonbearing wall. Over the years looking at the building code books I have found this to be acceptable for most framing applications. Do not confuse a nonbearing walls with a structural shear walls because there is no weight sitting on the shear wall.
Interior structural shear walls will require 16 inch on center spacing or less depending on the structural engineer and your local building department.
What are the disadvantages of spacing the studs 24 inches on center?
Using half-inch drywall with 24 inch on center stud spacing can give the wall a week or spongy feel. I have been in houses that have 24 inch on center’s stud spacing and can actually push the wall and see it move. Using 5/8 drywall will solve this problem in your walls.
What are the advantages of spacing the studs 24 inches on center?
The only advantage in spacing the studs farther apart is the fact you will be able to save a few dollars on the overall cost of building or remodeling your house. I personally do not recommend this process because the savings is miniscule compared to the overall cost of building the entire house.
If you look on a measuring tape between 19 and 20 inches you will usually find a little diamond. This little diamond is another measurement for laying out eight-foot walls or floors. So instead of using 16 inch on center layout you can use 19 1/4 for stud spacing. This will save you an additional stud in your wall or floor joist every 8 feet.
I have been writing more articles on home construction problems trying to help contractors and homeowners build safer stronger houses.
How to Write Online Dating Profiles: 12 Quick Tips
Writing the online dating profile is one of the most important steps to successful online matchmaking. It can also be the most intimidating. Here are twelve quick tips to help you write a profile that gets noticed.
1. Writing a good online dating profile utilizes many of the same skills as writing in general. To avoid becoming intimidated by the process, write like you speak. Pretend you are writing to your best friend. Then simply begin writing as quickly as you can, without taking the time to read anything over or cross anything out. Once you have filled a page or two, go back and see what kinds of sentences and phrases you would like to keep and then do the same process again. This is a great way to help your personality shine through your words.
2. Be honest about yourself and the type of situation you are looking for. Instead of thinking about what the other person may be looking for, think about the kinds of traits you bring to the table. Be sincere, open, and honest while keeping your best face forward.
3. Let people know your intentions right away. Are you looking for a soulmate, a friend, or just a little spice?
4. Studies show that a profile will receive a better response (sometimes by 3 to 10 times) if you include a photo, so make sure not to skip this step.
5. Check to see if the online dating service has published guidelines or tips for their specific profile arrangement. For example, some experts say that an ideal profile has 250 words, with 150 words about yourself and another 100 words depicting the kind of person you are seeking. Of course, these guidelines are going to vary by the service you have selected.
6. Talk about your social life, your family, and your pets. Do you have a close relationship with your extended family? If you do, make sure to mention it. Let people know what is most important to you. What do you value most in your life?
7. Be as positive as possible. The online dating profile is not a place for negativity. If something you wish to mention is not positive, try looking for the positive aspects of the situation and emphasize those.
8. Use more nouns and stories than generic adjectives. Instead of telling about yourself through long narratives, demonstrate the traits via details and stories. For example, instead of saying that you are witty, include witty anecdotes in your profile. Likewise, your profile should not read like a resume. Strive for a casual tone, and mix in plenty of facts and specifics.
9. People are intrigued by details. What are your favorite songs? What is your favorite form of art? What is your favorite thing to do on a Saturday night when you are all by yourself? What is your favorite thing to do on a date?
10. When you are describing what you are looking for in a partner, make sure not to limit yourself unnecessarily. You may have an exact vision of what this person looks like and does for a living, but any specific traits you mention may limit the potential of your profile.
11. Before you submit your profile, read it out loud. This is a simple way to catch any grammar errors. Then use spell check. Finally, paste all of your profile data into a text only file so you can efficiently copy and paste the profile into various communities or forums.
12. Keep records. Start a log (either a computer file or a paper journal) and make note of the people that you have met and enjoyed visiting with during your online dating experience. This can help you remember to update your profile when necessary, as well.