A piercing flight into the aloof world of the dominant other: from the gaze of one who is "hegemonicly" oppressed.
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Sunday, June 27, 2010
Unscrupulous Nature of of Politicians and Politics
You have the right not to be killed. Murder is a crime
Unless it is done by a policeman or an aristocrat. –In this case, that means some of the folk on capital hill.
You have the right to food and money. Provided of course
You don’t mind a little investigation, humiliation, and if you cross your fingers
A little rehabilitation.
You have the right to free speech, provided you are not dumb enough to actually try it.
It is amazing how those words which were written under a republican administration actually have merit in a democratic administration.
I’d like to add a few to this:
You have the right to health care, provided you can afford it. If you cannot afford health care, the state will provide an expedient burial for you, of course at a nominal fee at the local landfill.
Case and point, I’m still in awe about the woman who elected to shoot herself so that she could be seen by emergency room medical physicians… That’s the state of America we live in today.
No you do not have the right to a job, but we will quickly provide you with room and board if you commit a crime. As much as I hate to make this analogy, it’s easier for someone to live who is an inmate. As an inmate, where rehabilitation is a joke, you at least get “three hots and a cot” and of course health care. You even get a job, though it may be making license plates, you at least get a job with a salary of a quarter a day. Granted it as I said it is an absurd analogy but our incarcerated population gets better care than those who have been laid off, lost their house, lost their dignity. But it’s like that and that’s the way it is—Walter Cronkite or Run DMC.
I would love it if some of these elected to the bourgeoisie, those who live this glamorous life of the “cult of celebrity” actually be forced to take up residence in the slums, the prisons, the ghettos the places they are so removed from, the places they politicized and criminalized, and experience some of the real world decisions the underclass have to make daily.
Here are a few:
1. Gas or groceries?
2. Doctor or groceries?
3. Take a job that pays less than the minimum wage or work in the underground economy
4. Buy the next anesthetizing bottle of booze or seek treatment for alcoholism.
5. Do I take my family to a shelter or move in with my children?
6. Fast money or no money?
These are just a few of the decisions folks have to make, to guess what; survive. Sad, yes, the reality of many, regrettably true. We have more sympathy for a pelican in the gulf than our neighbor being evicted from their home.
Welcome to my United States of America….
Monday, May 12, 2008
Cool hand Luke 98
Cool Hand Luke 98
The movie cool hand luke to me I consider a piece of white comedy. Don’t get me wrong, the acting is masterfully done. But as I watch that movie I kinda laugh because to me it shows, well at least attempts to show, white folks being oppressed by white folks. To me that is comedy at it’s best. How do people in power, oppress other people in power? Mathematically, it just doesn’t add up. Now in my version of cool hand luke, where I am luke aka JOB, I spent many a night in the box. The box for those who aren’t too familiar with prison work gangs represents solitaire confinement under the worst conditions. In my case, I was sent to the box almost every other day. In this particular episode, as usual, the bitch and I had a conflict. Again being overworked, with no assistance, and no safety net as well as one foot in the unemployment line and the other on a banana peel it was only a matter of time before I slipped. Enter the month of September. Something happened, I can’t really recall specifically what, but it was enough to make Diane decide to issue another letter of reprimand. Being that she already taken me to the virtual whipping tree once before (disciplinary hearing) she pretty much had me where she wanted me. Lets run down the list: warning, suspension, 2nd warning, what else could there be? In her typical style, she left the letter stating what I had failed to do in an envelope on my desk and had left for the day. In short it documented the occurrence listed previous issues and then ordered me to a pre-diciplinary conference scheduled for Monday where the consequence would be immediate dismissal. Reading this I just imploded. To me, the game was over. I remember reading it to one of my friends Corey who worked in the security department. As I read it, tears started coming from nowhere. Then I started breathing heavily. Things started getting fuzzy and I started to breath uncontrollably until I could only put pieces of what was happening to me. I heard EMS come through the door of where I was laying down. Riding through the corridor on a stretcher. Being in the cardiac unit of Duke University Hospital. Was I having a heart attack? Was this a stroke? What was going on. As they were about to admit me they felt that I had suffered a panic attack more than anything else but wanted me to follow up with another cardiac specialist just to be on the safe side. In my heart and mind, I knew it was stress and the job. Here I was 28 having panic attacks. Something had to be done. Something had to change in a big way. The way I saw it, staying was not an option. I gave myself a day or so to let everything clear out in my head and finally the letter was written. It was short and to the point, I quit. Of course there were the faux nice factor but simply put, I could no longer take it. I slipped my letter of resignation on her desk as I went to lunch. Coming back, I saw the toothy grin coming towards me like a beefy great white shark. I understand and I think it’s a good decision. Within my one hour of going to lunch and turning in a resigination, the word spread like the 49er gold rush. Everybody knew. Even the fair-haired boy Alex who was working pretty much for Diane. It was almost like vultures showing up after the kill. Hey Russell I hear you just quit, let me go tell my friend who needs a job. Damn. As I went to tell my more closer associates the reaction was heartbreaking to some. In fact one person came to tears. Then there was one other person who had gone through a similar issue but decided to take the school to court. I remember her saying, how can help her if I’m not on the inside getting information. This made sense. So giving myself a little more time to consider my actions I decided to that a two pronged approach was best. First, I submitted a letter resending my resignation. I remember walking into Steve’s office, the director of academic programs.
“I guess you have heard the news.”
“Yes Russell I have, are you ok, I mean are you going to be alright?”
“Sure, I think I’ll be fine. In fact, after careful reflection I sincerely believe that Diane and I can really work through our disagreements, therefore I am giving you this letter resending my resignation.”
Wednesday, April 23, 2008
Mousetrap
10 years ago, I was 27 and on suspension from my job at the north Carolina school of science and mathematics. Every time I think I have moved beyond the incident (well the whole experience), something just pulls me back in. I guess it was reading one of my previous postings regarding the White warewolf. Strange, but the experiences I have had with white women, ironically have left me either damaged or emotionally scared in some way. As I recall prior to this time ten years ago, there had been a series of incidents which my heinous supervisor had documented unswervingly well. Its interesting how she somehow failed to remember my emails and calls for help when I needed her. The situation by this time had exacerbated to the point where I was not knowing which way was up. Earlier, in the fall of 97 when my office mate Robin left, things just started happening rather sequentially. Before the opening of school, I was trying to prepare myself to step in position because Robin was making a little bit more money than me in her position as an educational media specialist. Simply put, didn’t happen. I had to manage, coordinate, and orchestrate audio/visual technical services by myself for pretty much 4 months. As I was attempting to do this, I was making mistakes with no room for error. Another interesting point in my life around this time was that I was starting to really see my grandfather as mortal. Earlier in 97 he appeared to be robust and loud as ever. But in April of 97 he had his first in a series of cancer operations which literally left pieces of him in the hospital. In the fall of 97 he had yet another hospital stay for a mild stroke. One particular afternoon I was to pick him up from Chapel Hill and take him back to his home in Palmer Springs, VA. I had made arrangements with Diane the day prior to so that we could best coordinate the schedule for any equipment that needed to be delivered. The next day, I arrived a bit late, I spent the night with my grandfather and the drive back was a bit more than I expected. As I came into my office area, there she was waiting and fuming.
Monday, July 03, 2006
Evidence--so I am not carzy
1. Appeal and Error § 124 (NCI4th)-- denial of motion to confirm arbitration -- interlocutory order -- immediate appeal
An interlocutory order denying defendants' motion to confirm an arbitration award and to dismiss plaintiff's action for breach of contract, wrongful discharge, and defamation involved a substantial right and was immediately appealable.
2. Accord and Satisfaction § 8 (NCI4th)-- arbitration award -- acceptance and cashing of check
Plaintiff university medical librarian's acceptance and cashing of a check from defendant university pursuant to an arbitration award in a dispute concerning her termination by her supervisors and the university constituted an accord and satisfaction, although the check did not contain the words "payment in full," where the undisputed facts show (1) that defendants intended the check to be full and final payment resolving the dispute, and (2) that plaintiff understood defendants' intent.
3. Arbitration and Award § 33 (NCI4th)-- cashing of check -- ratification of arbitration award
Plaintiff ratified an arbitration award when she accepted and cashed defendants' check paid pursuant to the award.
4. Arbitration and Award § 36 (NCI4th)-- wrongful termination - - arbitration award -- cashing of check -- waiver of related claims
Plaintiff university medical librarian's acceptance and cashing of defendant university's check constituted an accord and satisfaction and ratification of an arbitration award pertaining to a dispute as to whether she was wrongfully terminated by defendant university which waived any right to bring future claims arising out of or related to the termination where the letter sent by defendant university with the check stated that payment was being made in accordance with the arbitration award; the stipulated arbitration issue was whether plaintiff was terminated in violation of the law or university policy; and the arbitration award referred to provisions of the university's dispute resolution procedure regarding the binding effect of arbitration. Therefore, plaintiff's claims for breach of contract and wrongful discharge, which related directly to whether she was wrongfully terminated, and her defamation claims, which arose out of and were directly related to her termination, were barred and should have been dismissed by the trial court.
Appeal by defendants from order entered 24 April 1996 by Judge F. Gordon Battle in Orange County Superior Court. Heard in the Court of Appeals 2 April 1997.
Michael B. Brough & Associates, by Stephen D. Brody and Michael B. Brough, for plaintiff-appellee.
Fulbright & Jaworski L.L.P., by John M. Simpson, for defendant-appellants.
McGEE, Judge.
In November 1992, plaintiff was hired by Duke University (Duke) for a specified term of employment as a Learning Resources Librarian at the Duke University Medical Center Library (Library). Plaintiff became an "exempt employee" meaning that she was not subject to a collective bargaining agreement. Duke contends, and plaintiff disagrees, that Duke's Exempt Staff Member Dispute Resolution Procedure (DRP) became part of plaintiff's employment contract when she was hired.
In September 1994, plaintiff requested permission from Susan Feinglos, her supervisor, to attend a professional conference. Defendants contend Feinglos denied the request. Plaintiff contends Feinglos authorized her to attend the conference if she completed equipment specifications for a work project. Plaintiff attended the conference and was absent from the workplace on 29 September and 30 September 1994. On 29 September 1994, plaintiff contacted Feinglos from the conference site at which time Feinglos told plaintiff she had not been given permission to attend the conference. Upon plaintiff's return to work on 3 October 1994, Feinglos handed her a termination letter. Another supervisor, Patricia L. Thibodeau, escorted plaintiff to her office and told her to pack her belongings and leave the premises.
Plaintiff contends Feinglos sent a copy of the termination letter to Gordon Hammes, an administrator with Duke University Medical Center. She also contends that, shortly after her termination, Thibodeau attended a professional conference and told one or more persons in attendance that plaintiff was terminated for "willful insubordination." Plaintiff further contends Thibodeau told several of plaintiff's professional colleagues at the Library that plaintiff had been terminated for willful insubordination, grave misconduct, and a poor work performance history.
Plaintiff challenged her dismissal through the DRP. After proceeding through various steps of review under DRP, plaintiff requested arbitration under Article IV of DRP which provides that the decision of the arbitration panel "shall be final and binding between the parties as to all claims which were or could have been raised in connection with the dispute, to the full extent permitted by the United States Arbitration Act." In the letter requesting arbitration, plaintiff's attorney stated plaintiff's "request is made without prejudice to [her] right to pursue any other form of relief" and that it was his understanding that arbitration "would not have any preclusive effect." In this letter, he asked Duke to respond if it had a contrary understanding so that plaintiff would have the opportunity to withdraw her request for arbitration. In a response letter, Duke's attorney accepted plaintiff's request for arbitration but also stated "I am enclosing a copy of the University's exempt staff member dispute resolution procedure, which answers the other questions in your letter."
The parties then proceeded with arbitration before a panel of the American Arbitration Association. In an award issued 6 July 1995, the panel concluded plaintiff was intentionally insubordinate but that termination was too harsh because she had no past incidents of discipline on her record and had not received any corrective discipline prior to termination. The panel further concluded the appropriate penalty was reinstatement with three month's back pay and benefits. However, the panel also quoted from a DRP provision which gives Duke the discretion to pay severance pay in lieu of reinstatement and concluded, in reference to this option, that "the parties are bound by that language, if it is properly executed and enforced."
In July 1995, Duke's attorney informed plaintiff that Duke was exercising its discretion under the DRP to pay severance pay in lieu of reinstatement and enclosed a check in the amount of $16,158.69. In her affidavit, defendant Thibodeau asserts this check cleared Duke's account in August 1995. Accompanying the check was a letter from Duke University Counsel which stated:
In accordance with the Arbitration Panel's Award, [the defendant] is enclosing a check payable to [plaintiff] which includes payment for six (6) months severance pay (in lieu of reinstatement); for three (3) months backpay; and for vacation accrued for such three (3) months backpay; and for vacation accrued for such three (3) month period.
On 3 October 1995, plaintiff filed this action against defendants seeking damages for breach of contract, wrongful discharge, and defamation. On 15 November 1995, defendants moved to confirm the arbitration award and to dismiss the action. By order filed 24 April 1996, Judge F. Gordon Battle denied defendants' motion. Defendants appeal.
[1]We first note this appeal is interlocutory because the order denying defendants' motion to confirm the arbitration award and dismiss the action "'does not determine the issues but directs some further proceeding preliminary to final decree.'" See Waters v. Personnel, Inc., 294 N.C. 200, 207, 240 S.E.2d 338, 343 (1978)(quoting Greene v. Laboratories, Inc., 254 N.C. 680, 693, 120 S.E.2d 82, 91 (1961)). However, we have held an "order denying arbitration, although interlocutory, is immediately appealable because it involves a substantial right which might be lost if appeal is delayed." Bennish v. North Carolina Dance Theater, 108 N.C. App. 42, 44, 422 S.E.2d 335, 336 (1992)(quoting Prime South Homes v. Byrd, 102 N.C. App. 255, 258, 401 S.E.2d 822, 825 (1991)). Similarly here, we hold the order denying defendants' motion involves a substantial right because the right to arbitration would effectively be lost if appeal is delayed.
We initially recognize that "North Carolina has a strong public policy favoring arbitration." Red Springs Presbyterian Church v. Terminix Co., 119 N.C. App. 299, 303, 458 S.E.2d 270, 273 (1995). The essential thrust of the Federal Arbitration Act, which is in accord with the law of our state, is to require the application of contract law to determine whether a particular arbitration agreement is enforceable; thereby placing arbitration agreements "upon the same footing as other contracts." Doctor's Associates, Inc. v. Casarotto, ___ U.S. ___, ___, 134 L. Ed. 2d 902, 909 (1996)(citations omitted). It is essential that parties to an arbitration specify clearly the scope and terms of their agreement to arbitrate as enforcement of arbitration agreements is not subject to less scrutiny than the enforcement of other agreements.
[2]Defendants contend plaintiff was bound by the arbitration award pursuant to her employment contract and, in the alternative, by her participation in arbitration under the DRP, and that the trial court therefore erred by failing to confirm the award and denying their motion to dismiss. We do not reach the merits of whether there was a valid agreement to arbitrate, however, because we hold plaintiff's acceptance of defendants' payment pursuant to the arbitration award constitutes both an accord and satisfaction and a ratification of the arbitration award.
In its order denying defendants' motion to confirm the award and to dismiss plaintiff's claims, the trial court stated it reviewed the pleadings and affidavits filed in support of and in opposition to this motion. When a trial court considers matters outside the pleadings, a motion to dismiss may be converted into a motion for summary judgment. King v. Durham County Mental Health Authority, 113 N.C. App. 341, 345, 439 S.E.2d 771, 774 (1994). In addition, here the issue of accord and satisfaction may be resolved as a matter of law since there are no material facts in issue surrounding the delivery and acceptance of defendants' payment. "Although the existence of accord and satisfaction is generally a question of fact, 'where the only reasonable inference is existence or non-existence, accord and satisfaction is a question of law and may be adjudicated by summary judgment when the essential facts are made clear of record.'" Zanone v. RJR Nabisco, 120 N.C. App. 768, 771, 463 S.E.2d 584, 587 (1995).
Article 3 of the Uniform Commercial Code is invoked when a dispute arises over a payment made with a negotiable instrument, such as the check issued by the defendants to plaintiff. See N.C. Gen. Stat. § 25-3-102 (1995) (discussing scope of Article 3); see also N.C. Gen. Stat. § 25-3-104 (1995)(defining "negotiable instrument"). Under this article, a payment by a party may constitute an accord and satisfaction of a dispute if the following requirements are met:
(a) If a person against whom a claim is asserted proves that (I) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.
(b) . . . the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.
N.C. Gen. Stat. § 25-3-311 (1995).
In Zanone, RJR Nabisco by letter offered former employee Zanone a $5000 check as "full and final payment of [Zanone's] severance relocation associated benefits." Zanone, 120 N.C. App. at 772, 463 S.E.2d at 588. Although RJR's letter was not marked "payment in full" or accompanied by a letter explaining it was "payment in full," this Court found the letter "established RJR's intent [that] the $5000 check be treated as an accord" because the facts and circumstances surrounding receipt of a check may establish an accord and satisfaction. Id. Upon receipt of RJR's letter, Zanone responded stating he regretted he could not accept the offer as final and he believed $5000 to be insufficient. Id. at 772-73, 463 S.E.2d at 588. RJR then mailed the check to Zanone who cashed it. This Court found: "[a]lthough Zanone registered his objection to the $5000 amount by letter . . . , he had no further communication with RJR concerning the disputed debt prior to cashing the $5000 check." Id. at 774, 463 S.E.2d at 589. This Court concluded "Zanone received the $5000 check clearly understanding RJR was offering the $5000 check as 'full and final' payment of the disputed debt" and held there was accord and satisfaction as a matter of law barring Zanone's breach of contract claim. Id. at 774-75, 463 S.E.2d at 589.
Similarly here, defendants have established, as a matter of law, the Article 3 requirements for accord and satisfaction. Defendants have introduced undisputed evidence that they tendered to plaintiff in good faith a check for $16,158.69. By affidavit defendant Thibodeau testified this check cleared Duke's account in August 1995. Plaintiff has presented no evidence to contest defendants' assertion that plaintiff cashed the check. The requirement, that a dispute exist, is satisfied in that, prior to payment of this amount, the parties disputed what remedy, if any, plaintiff was entitled to receive because of defendants' decision to terminate her employment contract. The requirement of a conspicuous statement that the instrument is tendered as full satisfaction of the claim is satisfied by the letter from Duke University Counsel which accompanied the check. This letter acknowledges receipt of the arbitration panel's decision and states defendants are exercising their discretion to pay severance pay in lieu of the reinstatement ordered in the arbitration award. The letter states the check is enclosed "[i]n accordance with the Arbitration Panel's Award." As in Zanone, the omission of the words "payment in full" does not prevent the accord and satisfaction given the facts and circumstances surrounding payment and receipt of the check. We hold there was an accord and satisfaction as a matter of law because the undisputed facts show the following to be the only reasonable inferences regarding the parties' intent: (1) that defendants intended the check to be full and final payment resolving the dispute and (2) that given the reference to the final arbitration award, plaintiff understood that this was defendants' intent.
[3]Furthermore, by cashing the check as presented to her, plaintiff effectively ratified the arbitration award. The Oregon Court of Appeals reached a similar conclusion in Harrington v. Warlick, 758 P.2d 387 (Or. App. 1988). In Harrington, the court held that the defendants waived their right to appeal an arbitration award when they accepted the award. Id. at 388. Although here the issue is whether a party may collaterally attack an arbitration award through civil action rather than whether the party may appeal the award, we find the same principles apply. Thus, we hold plaintiff ratified the arbitration award when she accepted defendants' check paid pursuant to the award. For this reason, the trial court erred by failing to confirm the arbitration award.
In determining whether the parties agreed to submit a particular dispute or claim to arbitration, we must look to the language in the agreement. Id. at 23-24, 331 S.E.2d at 731. "Whether denominated accord and satisfaction or compromise and settlement, the executed agreement terminating or purporting to terminate a controversy is a contract, to be interpreted and tested by established rules relating to contracts." Casualty Co. v. Teer Co., 250 N.C. 547, 550, 109 S.E.2d 171, 173 (1959). In an accord and satisfaction, the accord is the agreement and the satisfaction is execution of the performance of the agreement. Bizzell v. Bizzell, 247 N.C. 590, 601, 101 S.E.2d 668, 676, cert. denied, 358 U.S. 888, 3 L. Ed. 2d 115 (1958), reh'g denied, 358 U.S. 938, 3 L. Ed. 2d 310 (1959); Bumgarner v. Tomblin, 63 N.C. App. 636, 642, 306 S.E.2d 178, 183 (1983). Here, the letter sent by defendants along with the check states the payment is being made "[i]n accordance with the Arbitration Panel's Award." By so referencing the award, this letter effectively incorporated the terms of the arbitration award making the terms of the award part of the offer of settlement included in the accord. Plaintiff's ratification of the award by cashing the check effected her acceptance of the accord terms.
The stipulated issue of the arbitration stated in the arbitration award was whether the plaintiff was "terminated in violation of the law or University policy." Given this stipulation, we hold plaintiff's claims for breach of contract and wrongful discharge, both of which relate directly to whether she was wrongfully terminated, are barred and should have been dismissed. The award also states that it is "based on the entire record, the Exempt Staff Member Dispute Resolution Procedure [DRP] and the facts and circumstances of this case." Section E of the DRP provides "[t]he decision of the panel shall be final and binding between the parties as to all claims which were or could have been raised in connection with the dispute, to the full extent permitted by the United States Arbitration Act." The award further states that the parties are bound by language in the DRP which gives defendants the option to pay severance pay in lieu of reinstatement. Since the arbitration award, ratified by plaintiff, directly references the DRP provisions regarding the binding effect of arbitration and states that it is based on the DRP, we hold, as a matter of law, that plaintiff accepted the resolution of the dispute based solely on the stipulated issue and waived any right to bring future claims arising out of or related to the termination when she ratified the award by accepting the check in satisfaction of the dispute. Since the slander and libel claims clearly arise out of and are directly related to her termination, these claims should be dismissed.
We note that parties entering into arbitration should exercise great care to delineate the precise claims and disputes to be resolved and to reserve specifically any claims they wish not to be precluded by the arbitration. As this Court has previously emphasized:
A party is required to bring forth the whole case at one time and will not be permitted to split the claim or divide the grounds for recovery; thus, a party will not be permitted, except in special circumstances, to reopen the subject of the arbitration or litigation with respect to matters which might have been brought forward in the previous proceeding.
Rodgers Builders, 76 N.C. App. at 23, 331 S.E.2d at 730.
In summary, the trial court erred by not confirming the arbitration award and by not dismissing all of plaintiff's claims.
Reversed and remanded.
Judges COZORT and MARTIN, John C. concur.
Judge Cozort participated in this opinion prior to his resignation on 31 July 1997.
**** End of Document ****
Converted from WordPerfect
Invictious 1995
The year was 1995… I was hot in my graduation robe in that day in May. The first time I graduated, I was a mess a pure class a certified mess. I initially graduated in May of 1993 with a BA in english and media journalism. To me that degree was useless, I had no intention of going into television news, especially after how I saw how the televison news bastardized black folk. I saw a woman get shot and killed at a bank robery. Now how seeing that at the impressionable age of 22 was like damn. I was one of 3 african americans in the news room and I was the intern. To see that death played over and over and over again in the news room and the gross insenstitivy toward the victim's family was just too much for me to bare… So I in short had a useless degree. When I graduated in 93 I actually had a bottle of teqella under my robe, the night before I had lets see, one glass of concac, one martini, one glass of champaing. The next morning, I had a hangover. So what do I decide to do? Fix it with tequila and organge juice mixed inside of a squeeze bottle. I was so stupid then-- who in the hell drinks at a graduation cerimony especially at a theirs. Chalk one up for our side. I had so much nerve I actually made it a point to get on the television news that day saying how perpared I was to "carpe deim" seize the day. With a 2.3 GPA no demo reel, no real news experience and a useless degree here I was ready to take on the day, well actually take my place in the long line of invisible people with a resume to try to get a job. It was embarassing, especially to my mom who had just completed her Ph.D. The word she used was sham. It was a sham graduation because I had been a piss poor student. Her companion, another Ph.D. who also worked in the same departmnt where I obtained my degree was in total agreement. So much to the point that for my graduation presnet, I got something I would always take with me. An eviction notice. Yes, the two of them comspired against me to let me know that this was the real world and my academic career was over. Damn.. I guess the message didn't really make sense until I saw the locksmith come to change the locks I had not now a key. IN fact what I did have was two hours actually to collect what I had of value and get out. Man when I think about it now, especially in hindsight, I think then I really found out who my real friends were. I could count them on one finger. My girlfriend was not in that group… in fact, my relationship at that time with here was hanging on a thread at best, and that thread was unravelling by the second. In one night of passion, that eve of my BA graduation, I really felt that I was in a monogous relatinoship.. What's the pharse in that song, young, dumb and full -- you can pretty much figure out the rest. In June, I was told that I was going to be a father. Damn, this is my fault, my fault.. My life is now offically over, I have successfully failed life. At her apartment one day I made the faital mistake and answerd the phone. Some dude was on the other line.. When he heard my voice and abrouptly got off the phone saying OhMy God, one and one suddlenly started adding up to four. One woman, two men and one baby.. Either I was incredilby dumb or I had been set up in some incredibly rediculous plot.. Either way two things had to happen. A decision had to be made regarding the pregnancy and our relationship. Using the logic of finicances, we both decided that right now would not be the time to bring a baby into the world and this is where my one friend at that time comes in. JR-- John Ross, who allowed me to sleep on his bunk bed at his dad's house while I was evicted loaned me the money for the abortion. During that time, he too was going through some beef of his own. His girlfriend had put him through changes. As he was breaking up with her, during their property settelement there was a minor dispute regarding a gold chain. She wanted to keep it, he wanted it back. Again, phalic logic intervened and one two hundered dollar VCR went flying out the window her apartment. A few hours later, come the university police to cart him off to jail. Don't you just see the bling bling flashing billboard with the word DAMN in the backgound…. Well the funny thing was she was calling me telling me who sorry she was to call the police on him…I'm like Joe Pecschi in Goodfellas, "You stupid dumbass what the fuck is wrong with you. You the one with the black belt in Karate, why didn't you just break his arm or something.. You got my man in jail and he's workinging a white collar computer company and now you decide to be sorry about it! You are damnest fool I done seen in my whole damn life. " Well by August, things had pretty much gotten back to well some degree of normalcy. JR was out of jail with out a record. His exgirlfriend was pursusaded to drop the charges. My future exgirlfriend went through with the abortion and I was finally back at home. See working at a box factory, where people strictly don't give a damn about you really has a humbeling factor to it.. I was willing to pay rent of about 125 per month, I had a job and I actually had some news for mom and E. I was going to go back to school.
They both laughed as they contiued to drink their wine. OK then-- they don't want to take me seriouslly, fine, I'll have earn their respect and after that, respectfully, they could kiss my tail because I was determined that I was not finished with school and that I actually could master this thing called college. The first semester I decied to take one class. I got an A. My first 4.0 average. The next semester I took three classes becaue Mom was like anybody could take a class and get an A. Fine mommie dearest, fine.. So after I had my infamous I-40 breakup, I applied myself and guess what, I did it again. I sustaind a 4.0 average. By this time I was detoxing myself of one reationship while becoming enmoured of another woman. She was black and korean. She was cute, had the prefect mix of crazy sexy and cool. But to her I was the infamous friend. She was in the same graduate program I was in at NCCU. Anyway, that summer I decided to contiue w- school because I really had momentum.. Unfortuantely what I didn't have was reliable transportation. My pontiac ferio suffered a major blow. One wheel went left while the car went right. In my face was again my mother saying you need to get a job. I am like silently saying to myself- ma I love you but you really starting to get on my nerves.. In spite of her naging, I contiued with summer school taking one psychology class and one statistics class. My 4.0 average took a small hit. I got an A in the psyche class while I got a hard B in the stats class. Here I was in the fall of 1994 with one more semester of course work to go and I needed to start writing my thesis. How was I going to get to class duing this time.. Well that's when I took up roller blading.. Roller blading to the bus stop, rollerblading to class. And to my job on campus.. Some how, I remainded strong despite my fraterny borther's protests. What the hell does a Kappa man look like rollerblading to class. I had a two word answer for them.. Fuck Them, this was my degree and I had to hearn it, and nobody inclding my mother was going to stand in my way. In may of 1995 I graduated with a MA -- with honors. My mother and other critics were silenced.. How did he do it? How did a person with such a low undergraduate GPA finish a masters program in two years with honors. Simple, I was defiant. I was defiant as a kid which proably meant I was destined to be defiant as an adult. This graduation was different, I was sober and scared, but at least I admitted that I was afraid as opposed to drwoning my fears in alcohol. During that time I had manged to pop another shocker on them, I was admitted to a Ph.D. program- Howard Univeristy accepted me in their program of human commucation studeis.. Well what are you going to do they asked……
I was like awe struck because I actually had options as an adult as opposed to choices. Options meant I had some sense of agency where as choices I signified as the reminants of being the victim of circumstance. The other ooption on the table was the opprotuntiy to work at the norht carolina school of science in math based in Durham.. Make money or get the Ph.D. I had this reationship I established with money so I made a compromise, I would work at NCSSM for one year and if I didn't like it, hell go straight to DC and get a taste of life in the big city….. One Sunday night in September, as E walked out of the door, circumstances knocked on the door and suddenly, just when I thought I was out of the fell clutches of circumstance, those mother fuckers pulled me back in…….
The Rhyme of Calypso's Son
Thursday, June 08, 2006
Smiling Faces
"What time is it?" she scolds,
"Ah 10:00, I realize I'm a little late."
She continues in like a circling shark,
"You said you would be here at 9:30." I am begging to get a little nervous because her tone is making me uneasy.
"I thought I said I would be her between 9:30 and 9:45. I'm 15 minutes on the outside of that, is that really a problem."
"I had five people come looking for you this morning, three of them said you had equipment reservations for them. I couldn't find what they needed and their classes were blown!"
"Diane, I don't remember any reservations with anybody. I'm sorry if you couldn’t find what you were looking for. What did they need?"
"It doesn't matter now, you were supposed to be here at 9:30! You weren't here!"
"Diane, I don't think I like you yelling at me like this, I made a mistake and"
"I'm not yelling! I am making a point. You said you would be here and you were not! People were looking for you and you were not here!"
"Diane," by this time the conversation had become heated to say the least, "My grandfather is sick, I told you yesterday I was going to visit him at UNC and I would be late. I'm sorry about what happened but I'm not going to stand here and let you yell at me about that, excuse me." and then I left. No real issue or so I thought. A few moments later she came back to where my office was and tried to offer an apology, but by then she could have been Jesus and I would have closed the door in her face-- no slam meant on the lord. About two hours later, she is in my office, looking over my shoulder at my computer. Not liking prying eyes, I cut the monitor off.
"What were you looking at on the computer?"
One of my famous faux pas, never let people know what's on your mind, especially if you haven't had time to censor it first.
"Today you have been acting a little off your rocker, what is wrong with you?"
"I would like to see what was on your computer!"
"Diane, it was nothing, absolutely nothing."
"Then why did you cut it off?!"
"Because I don't like people spying on me nor looking over my shoulder at my computer."
"You will cut that machine on right now and let me look at it mister." Freeze. This is where we have one of these Matrix moments. I have to stop the action and explain what is happening her for any white readers. In my mind, or any black person's mind for that matter this directive has just removed me from the category of human being to "sit ubo sit, good dog, woff woff." If you really want us folk to cooperate with you, this is the sure fire way to get the opposite effect; hence my point. The surge protector was located right under my toe and mysteriously it just flickered.
"I'm sorry, I don't think I heard you correctly, did you just tell me what I was going to do or ask me?"
"I told you."
"Well I'm sorry, I'm not going to do that unless you ask me politely." Now admit, I have some damn nerve, talking to my supervisor this way but respect is on the line and I was told never start something you can't finish. In this case the inverse is true, never allow disrespect to start because then respect is much harder to gain. She hit her hand on the door.
"Fine, we'll just see what Dr. Warshaw has to say about this."
"Great!" I exclaimed, "I'll follow you." In my mind, everything was already accomplished, she didn't look at my computer and hell I felt I could speak my peace about all the shit that had been going on that day. Boy was I in for a rude awakening.
"Russell, you've got to respect Diane, she is your supervisor. Diane you are in charge, try to be nicer to your subordinates." Again on the way back to the office, another phony ass apology. Well, by the end of the day, something came up missing, the laptop computer. Where was it? How did this happen. Great, on the day that my boss and I have the day of days the laptop gets missing. This is weird… But I go and tell Diane.
"Missing, how did it get missing?"
"I don't know, it's gone. The doors were locked."
"Well you better find it."
Wonderful, I have a bitchy boss and a missing laptop that was locked in my office. This is all too coincidental. This was no theft per se but more so a walk in snatch and grab and specifically that item. Of course any detective work I would do would be looked at with skepticism. In fact our own resident Kojak showed up trying to sweat it out of me.
"It's kinda odd Russell, that laptop being locked in your office and now missing."
"It is odd isn't it, including your insinuation that I had something to do with it. Hell I gave up my own laptop computer case which I have now lost."
"I don't understand it Russell. It's going to be kind hard if we don't get that laptop back."
"I hope you find the person before I do because I will crack their back if I get to them first. I'm no thief"
This went on for the rest of the day until Diane called me in her office again.
"Russell, I'm going to ask you one more time about the laptop."
"Save your breath because I told you all that I know."
"I am going to look into a polygraph test and everyone is going to be asked to take it."
Freeze… This is were I learned from my previous mistake, I didn't say what was on my mind but I failed to mention anything about physical demonstration. No I didn't smack her-- but
"Ok, with that said, I'm going home good day." some how the door had a harder thud when I closed it. Like cliché, something fell.
"Did I do that, Oh well, I don't know my own strength."
This polygraph thing was just a little too much. When I told mom about it, well lets just say she was not too happy.
"What's the bitch's number, I'm calling her right now."
"Ma you can't do that!"
"No that bitch can't do that, she can't threaten you with some damn polygraph test, that shit is illegal."
"Ma please don't call her, please."
"No! Normally I don't interfere with your professional business, but this is one time I make the expectation. I am not calling as your mother, I am calling as a member of NAACP. Did she talk to anyone else about the lie detector."
" I don’t know."
"Give me that damn phone."
Next thing I know, my mother is on the phone calling my boss everything but a child of God and I have to see her tomorrow.
"Russell I'm sure you know your mother called me."
"I know and I am sorry about that, I tried to prevent that as best as I could."
"I wouldn't force you to take a test like that but we have to get that back."
"Diane, yesterday was a bad day. I am willing to move forward if you can, I'll do my best to keep my noes to the grind stone."
"OK" and I left.
There is a song by the temptations called smiling faces. Leaving that office, slowly the message of that song was resonating with me. A few days after the incident, I found out that no one in the office was informed of taking a polygraph test. Additionally there were numerous people on campus with a key to my office. The laptop had not been stolen, in fact I think some administrator may be typing away at it right now. In short, I was Tom Cruse; somebody set me up. The who was pretty clear, the why was what remained. In the days that followed new locks were issued were issued on my office. A 200 pound safe was acquired where the new laptop would be housed. Only library staff and I knew the combination and from now on I was ordered to come in the front door like everyone else. A temporary replacement was acquired to fill in for Robin but strangely he was not there for me, he was really there aid Diane also keep a watchful eye on me. Oh and by this point, I was given something new in my personnel file, a written warning for poor job performance. Like they said, smiling faces
Tuesday, June 06, 2006
My NCSSM Paycheck Crisis or Never F--k w-a Black Man and his Money
"Ok Belinda, what's up?" she took a drag and was like
"You know I saw something that you might be insterested in. I saw that Steve had a meeting scheduled with you and Diane for this Friday." I am like why, well I do know that Diane has had some issues but at the same time, her issues are like flakey at best. Being young and somewhat arrogant, I was a bit standoffish.
"Thanks for the information. But two things before I go any further. Why are you telling me this and what is the meeting supposed to be about?" She was cool about it. She respected me for asking the questions. Her logic was pretty straight forward. She realized that after I put my neck out for the boys, well, it was only a matter of time before my head saw the chopping block. This might be the time to watch my back. As for the contents of the meeting, she simply didn't know. -- This pretty much goes into Russell's Rules. Before you go into any meeting, make sure you know the purpose of the meeting. Of course I had to learn this lesson the hard way.
Friday morning, I walked into my office. Something told me that I needed to be dresed in slacks and be ready for anything. Thank God for intuition. This Friday morning, the students were gone and it was the last day of spring break. At 10:00, I went to see Diane, and sure enough, there was Steve, her direct supervisor. Ok I thought to myself, this is going to be intersting. Diane started by going to the door and closing it.
"Russell, the reason I have called you here is because I have a series of performance issues that need to be brought to your attention." I thought to myself, and suddendly the thoughts became verbalized.
"If that's the case, why is Steve here?
"Dr, Warshaw is a witness."
"Witness, why do we need a witness?"
Then Steve chimed in,
"Russell, why don't you let Diane finish."
Being quieted, I did. She proceded to let me know that there were a series of work performance issues that she was concerned with that apparently had jepordized the resources of the department. After going through a list of aproximately 8 items, I was left feeling pretty low.
Fractured, I really was at a loss for words. The obvious thing I did was to try to refute everything, even the things that had some sembelance of validity. Of course this didn't work in my favor.
"See Russell, it's that type of attitude. You're not taking accountability for anything." said Steve. In the back of my mind I am calling him everything but a child of God. You baldheaded mindless prick, I thought, you barely come down here, how the fuck would you know what goes on? Thinking that and saying that are two different things. If thoughts could be read, I proably would have been arrested. That said I was on shakey ground and chose my words carefully.
"Let's get to the bottom line, are you trying to say I am fired?"
Diane responed as she was reading from a script.
"At this time I am not prepared to answer that question." then Steve lowered the boom.
"Russell what we would like to do is give you some time to think about if this job is a good fit for you." At this time I was handed a letter which thorouglly documented all my faults along with another sheet stating I was suspended for two weeks without pay.
Dumbfounded, "this is a favor?"
"Russell, you gave us no choice." At this time, I had a new found respect for the pharse, no vasilne. I was asked to turn over all keys to Diane and calmly walked out the door.
What had just happened? I was completely flooded but yet somehow I went on autopilot. My paycheck was about to be cut, and that was something I just simply couldn't allow, especially with a car note and a rent payment hanging over my head. Within 45 minutes I found myself at the North Carolina Office of State Personnel. Again in the elevator I am like what the fuck just happened to me? I enter the office of Freda Wells, an HR associate who works with people in disciplinary problems with NC state govemrment.
"Ms. Wells, I don't understand it. I walked into her office for a regular meeting and the next thing I know I suspended without pay."
"Wait a minute Mr. Robinson. You just walked into an office and they suspended you on the spot without any notice. They can't do that."
I didn't understand. Ms. Wells explained to me the basics of due process. By the state perosnnel definiton, what happed to me was a prediciplinary conference. A predicplinary conference offers an opprotuntiy for the employee to address concerns before any discipline is issued. By NCSSM- Diane in particular giving me a note that says I am suspended on the same day of the disciplinary conference meant they were pre-disposed to anything I had to say. In short, I walked into a situation I was not supposed to win.
"Ok, with that said what do I do?"
"What would you like to do Mr. Robinson?"
"I'm sorry I don't understand."
"Mr. Robinson, what they have given you is a two week vacation with pay. This simply cannot stand as it was not done aboveboard. You have the option of alerting them to this fact and returning to work immeidalty or you may take the time to look for a new job or take a vacation." With the law behind me and my job quasi safe, somehow this vacation, didn't seem like I had won the lottery. What do I do for two weeks? Do I even tell people I got suspended for two weeks. This was a tuffy.
I told my roomate what happened.
"Damn, that's foul. But at least you get paid, I wouldn't sweat it. Chill. Sleep in late, watch the satelite tv."
For some reason, this just didn't seem right. These bastards have tried to railroad me and did a pretty damn good job of putting me on the tracks. If I only kept my mouth shut and had not testified for those boys, I'd proably be sitting pretty at the moment. Of course, I failded to adhere to the golden rule, a still tounge makes a happy life. Me and my big ass mouth. Like it said in my yearbook, Russell, you're a smart guy, just don't let your mouth get you into trouble. From my point of view, if this wasn't trouble, it was a pretty good damn simulation.
Not knowing any better I sent some letters to a few people. I started with our HR director. In short I basically siad, the suspension was fradulent, I plan to protest, do not under any circumstances fuck with my money. The arrogance of folk in power of course allowed her to say, we did nothing wrong, everything was by the book and that is that. So to even stir the pot further, I walked in to Diane's office, on purpose while she was in a meeting.
"Russell I'm in a meeting and you are suspended."
"I'm sorry to interupt your meeting as I am sure you too are quite sorry. This is simply to let you know of my immdaite plans." it was the closest I could come to slapping her.
Again she too stated, everything was aboveboard. Since they liked to deliver bad news on fridays, I figured I would return the favor by sending the note coming OSP infroming them of their grave error.
A few days later a greivance committee was put together and Diane returned with my keys.
"thank you Diane, now about my paycheck."
"that really was Steve's idea, I mean we had to get to you somehow. I mean we really didn't want to do."
"I'm greatful, I'll see you at the grevience hearing."
Leaving this, I was like my God, only because of their ignorance, is my paycheck safe. The next time I may not be so lucky.
Saturday, May 13, 2006
The White WareWolf
What did it mean to leave NCSSM..
It has been two years now since I have left NCSSM and a part of me really feels as though it was like walking straight across
“Russell, I’m sorry I can’t talk right now.”
“Rita I only need five minutes, I know you’re busy.”
She started to get up from her desk to go to the door, where I happened to be standing.
“I really don’t have five minutes.”
Seizing the opportunity, I entered the door and closed it before she could get to it.
“That’s no problem, I only need three. When you called the other day, I detected there was a little anger in your voice and I wanted to know did I do something to upset you when you made your request.”
“Well, no we were just really under pressure. A tight deadline you know.”
It was weird because I could really see that she was a paranoid white woman. I only hoped she didn’t have a heart attack as she stuttering through her explanation.
“Really now.” I didn’t buy a bit of it but it was good to see her sweat. “That puts everything in a different light then. I was pretty confident that I had done nothing to receive the acrimonious tone wihich I obviously interpreted. Nevertheless, I’m sure everything went well with your presentation?”
Shocked, “Yes it did.”
“Great! These deadlines can really put you under a lot of pressure. I trust this will be the last time we have this conversation. Have a good day. Oh by the way, I got a minute to spare.”
It was a good idea I chilled and then moved otherwise—damn.
MY S&M Days
Instructional Technologies
Never one to rain (drip drip drip) or reign (to govern) on anyone’s parade, I feel impassioned to make a statement on the tee shirts I’ve seen worn by members of the senior class. Taking the logo of a popular candy bar and modifying its name to celebrate a life changing milestone is a clever example of ingenuity. On the surface, it’s a nice laugh. However, the underlying pretence may allude to a façade that may mask a visage that grins and cries. Is the class 2 O-OOOO2 facing a world that is a plethora of nihilism and destruction? With the economy at a brand new low, the unemployment rate at a brand new high and the real world looking like a Tom Clancy novel or a Jerry Berkhimer movie, a logical answer would be a simple yes. Having said that, in today’s time, is mediocrity a celebratory cause? Our institution is analogous to the Olympic training camp in Colorado. Athletes are trained among the best to be the best. Enter the candy bar, Slackers. In the last leg of the race, a runner realizes he’s going to come in dead last at the Olympics. It dawns upon him, I gave up everything: 10 years of junk food, late parties, let alone a significant other to come in dead last. But I’m proud and pleased to come in dead last because I’m the Slackers poster child. Granted I’m the first to admit that life is too serious to be taken seriously; but at the same time as one laughs, one shouldn’t be the butt of the joke. Let us not forget the complete ad campaign for this tee shirt the class of 2002 is wearing: Not Going Anywhere for a While? Try a Slackers, whoops, I mean Snickers.
Experiences in Princeville
Herald-Sun -- November 11, 1999
Teens team up for Princeville
Students from the N.C. School of Science & Mathematics help towns'
residents still recovering from Hurricane Floyd
By DANIEL LISTWA
PRINCEVILLE -- A poster hanging inside Princeville's Town hall and
Community Center preaches, from beneath a layer of soot:
> "All kids deserve and demand an escape from the daily pressures facing
> us in our society."
> Maybe they do under normal circumstances.
> But students from the N.C. School of Science and Mathematics on
> Wednesday were not demanding escape form anything. Instead, 147 of the
> school's 550 juniors and seniors rode two hours by bus to help residents
> here and in neighboring Tarboro still recovering from Hurricane Floyd.
> "[We want] the students to get a picture of the devastation Hurricane
> Floyd has caused in North Carolina," trip organizer Ginger Wilson said.
> "It was so light in Durham. In eastern North Carolina, it has wrecked
> lives."
> Wilson, the heard of the humanities department, and other Science and
> Math faculty planned the event after Floyd's floods canceled a junior
> class trip to Williamsburg, Va., in September. Amid student requests to
> help flood victims, the faculty responded to a news program in which
> Princeville residents said people had forgotten about them. At the
> school's request many students also donated their $30 Williamsburg trip
> fee to the towns.
> "As future leaders, they need to understand that with privilege comes
> responsibility," Wilson said, "and that service to people less privileged
> than you is part of that responsibility."
> Students, though, were glad to help the towns, which suffered 20-foot
> floodwaters when the Tar River swelled to 43 feet in September.
> Princeville alone lost all 33 of its business, three churches and the
> town's water and sewage-treatment plants.
> "It costs money to do this," junior Brent Hill said. "They don't
> always get the donations they need. The $30 can go a long way."
> But it was Hill and his schoolmates' community service that made a
> visible difference Wednesday. Nearly 40 students cleaned the Town Hall
> while about 60 others organized a distribution center that will provide
> free clothes, food and toiletries for Princeville's 2,154 residents when
> they return from FEMA trailer parks.
> At Town Hall, students wearing yellow rubber gloves and face masks
> removed warped documents, twisted metal furniture, and a waterlogged Ms.
> Pac Man machine, setting it all on the lawn in front of the building.
> Others gathered inside, collecting tiles and sewage-stained remains from
> the caved-in ceiling.
> As a group stood discussing the physics involved in removing a heavy
> Coke machine, supervisors praised their hard work.
> "It's a good humanitarian effort and a practical education," staff
> member Russell Robinson said. "You can't learn this from a text book.
> This is what you call 'discovery learning.' It's the true essence of a
> field trip."
> Students said that just passing through Princeville, its now
> uninhabitable houses marked with red X's, was unforgettable.
> "There was a house on top of a car," senior Kathy Benedict said of the
> ride into town. "We were like 'Wow!'"
> Senior Kristina Belcourt, 16, who visited St. Louis after the
> Mississippi River flooded the city in 1997, said the damage in Princeville
> looked far worse.
> "I can't imagine renovating this place," she said. "It's crazy.
> Everything is destroyed."
> But Princeville, the country's oldest black-founded town, has already
> hired an architect to restore its 115-year-old Town Hall, which housed the
> first black school in North Carolina. The town will build a new Town Hall
> but retain the old one as a landmark.
> At the makeshift distribution center - a do-it-yourself car wash
> destroyed by Floyd - students hauled boxes from the shade of its three
> bays into the sun before separating items into piles for men, women and
> children.
> "So much has come in," said Science and Math's Wilson. "Our kids have
> done a good job sorting through it."
> She also said that the faculty is planning to do a follow-up activity
> for Princeville.
> Science & Math students, who must complete 60 hours of community service
> to graduate, said volunteering, though disruptive to studies or
> extra-curricular activities, is still worth the effort.
> "This will last a lot longer," said junior Marisa Biondi, 16, whose
> family received help when Hurricane Fran flooded its Wrightsville Beach
> apartment building. "It took a week to clean up everything [after Fran].
> This is a good way to give back."
> Town residents watching the students were thankful for their efforts.
> "Me and my mom's stuff was ruined," Princeville municipal employee
> Curtis Lloyd, 40 said. "I'm glad people know the town and came to help
> clean it up."
Monday, April 10, 2006
From White House to Presidental Estate
the MLK Jr. assembly he said something like there would be no equality in
the US until the White House was renamed the "Black House." Sound's like
something he'd say, but I'm curious what the exact quotation was.
Anyway, that guy was nuts-o. I had Library work service Junior year and
the man scared the hell out of me. I'd be in the back of the library
putting magnetic strips in books and would often hear him at his desk
behind me leave a message on someone's phone, real polite-like, and then
slam the phone down and start cursing and grunting/groweling. I'd turn
around and he'd look like nothing happened! Scared the hell out of me.
If you asked anything of him, he'd make you feel like you were causing him
the biggest hardship of his whole life and he couldn't manage to get
through helping you without sighing/grunting 10 or 11 times. He acted
like the whole world was out to get him; he was such a _victim_.
Blah, there's my rant. I needed to vent my RusRob frustrations before
they caused me nightmares in my old age.
Have a good week, everyone! Watch out for hurricanes.... :-D
--Phipps
c/o '02