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Kevin Ray Stone, 28, was taken into custody following a brief foot pursuit with Clearlake Police officers, according to a report from Field Training Officer Michael Carpenter.
Shortly after midnight Friday morning Sgt. Rodd Joseph and Officer Andrew Jones
were performing a patrol check of the Clearlake Apartments, located at 7145 Old Highway 53, when they observed a male – later identified as Stone – acting suspiciously, Carpenter said.
When officers approached Stone, he began to walk away from them. Carpenter said the officers ordered Stone to stop, and he disobeyed them and instead ran away.
Carpenter said a foot pursuit ensued and Joseph caught Stone at the apartment complex's playground.
Officers discovered a loaded handgun in the area where Stone was caught. Carpenter said they believe Stone tossed the firearm while attempting to flee from the officers.
Stone is currently on probation and prohibited from owning a firearm, Carpenter said.
Stone was booked into the Lake County Jail on misdemeanors including two counts of violation of a court order and misdemeanor obstructing a police officer; and felonies that included carrying a loaded firearm in public, being a prohibited person possessing a firearm, carrying a concealed weapon and being a prohibited person possessing ammunition, according to jail records.
His total bail was set at $10,000, jail records indicated.
He remained in the Lake County Jail late Friday.
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On Friday the U.S. Bureau of Labor Statistics reported that the unemployment rate fell by 0.4 percentage point to 9.4 percent in December, and nonfarm payroll employment increased by 103,000.
Employment rose in leisure and hospitality and in health care but was little changed in other major industries, the agency reported.
The Friday report showed that the number of unemployed persons decreased by 556,000 to 14.5 million in December, and the unemployment rate dropped to 9.4 percent. Over the year, these measures were down from 15.2 million and 9.9 percent, respectively.
Among the major worker groups, the unemployment rates for adult men (9.4 percent) and whites (8.5 percent) declined in December.
The unemployment rates for adult women (8.1 percent), teenagers (25.4 percent), blacks (15.8 percent), and Hispanics (13.0 percent) showed little change. The jobless rate for Asians was 7.2 percent, not
seasonally adjusted.
In December, the number of job losers and persons who completed temporary jobs dropped by 548,000 to 8.9 million. The number of long-term unemployed (those jobless for 27 weeks or more) was little
changed at 6.4 million and accounted for 44.3 percent of the unemployed.
The civilian labor force participation rate edged down in December to 64.3 percent, and the employment-population ratio was essentially unchanged at 58.3 percent.
The number of persons employed part-time for economic reasons (sometimes referred to as involuntary part-time workers) was essentially unchanged in December at 8.9 million. These individuals were working part-time because their hours had been cut back or because they were unable to find a full-time job.
About 2.6 million persons were marginally attached to the labor force in December, little different than a year earlier. These individuals were not in the labor force, wanted and were available for work, and had looked for a job sometime in the prior 12 months. The report said they were not counted as unemployed because they had not searched for work in the four weeks preceding the survey.
Among the marginally attached, there were 1.3 million discouraged workers in December, an increase of 389,000 from December 2009, the report explained.
The bureau said discouraged workers are persons not currently looking for work because they believe no jobs are available for them.
The remaining 1.3 million persons marginally attached to the labor force had not searched for work in the four weeks preceding the survey for reasons such as school attendance or family responsibilities.
Total nonfarm payroll employment increased by 103,000 in December. Employment rose in leisure and hospitality and in health care but changed little in other major industries.
Since December 2009, total payroll employment has increased by 1.1 million, or an average of
94,000 per month.
Employment in leisure and hospitality increased by 47,000 in December. Within the industry, job gains continued in food services and drinking places (+25,000). Since a recent low in December 2009, the food services industry has added 188,000 jobs.
In December, health care employment continued to expand, with a gain of 36,000. Over the month, job gains continued in ambulatory services (+21,000), hospitals (+8,000), and nursing and residential care facilities (+7,000).
Within professional and business services, employment in temporary help services continued to trend up in December (+16,000) and has risen by 495,000 since a recent low in September 2009.
Employment in retail trade changed little in December (+12,000). A job gain in motor vehicle and parts dealers (+8,000) offset a loss in health and personal care stores (-8,000). Employment in most other
service-providing industries changed little over the month.
In the goods-producing sector, mining employment continued to trend up in December, reflecting a job gain in support activities for mining (+5,000).
Manufacturing employment changed little over the month (+10,000). Following job growth earlier in 2010, employment has been relatively flat, on net, since May. Construction employment also was little changed overall in December (-16,000). Within construction, there were job losses in heavy and civil engineering (-13,000) and in residential building (-6,000).
The average workweek for all employees on private nonfarm payrolls held at 34.3 hours in December. The manufacturing workweek for all employees declined by 0.1 hour to 40.2 hours, while factory overtime remained at 3.1 hours.
The average workweek for production and nonsupervisory employees on private nonfarm payrolls increased by 0.1 hour to 33.6 hours.
In December, average hourly earnings for all employees on private nonfarm payrolls increased by 3 cents, or 0.1 percent, to $22.78, the report showed.
Over the past 12 months, average hourly earnings have increased by 1.8 percent. In December, average hourly earnings of private-sector production and nonsupervisory employees rose by 2 cents, or 0.1 percent, to $19.21.
The change in total nonfarm payroll employment for October was revised from +172,000 to +210,000, and the change for November was revised from +39,000 to +71,000.
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“California is facing a huge deficit and it is necessary to find savings throughout all of government We all have to make cuts and I’m starting with my own office,” said Brown.
As part of the $7 million in cuts, Brown's office reported that is administration is returning 84 percent – or $650,000 – of the $770,000 allocated in the 2010 budget for his transition to the state treasury. His administration spent $120,000 on the transition.
The governor also is cutting spending in his office by 25 percent – $4.5 million – in the budget that will go the Legislature on Monday.
His budget also eliminates funding for the Office of the Secretary of Education. This will save the state $1.9 million.
To achieve the 25 percent savings in his own office, Brown is making cuts that include cutting his Washington, DC office staff and press and communications staff; eliminating the position of cabinet secretary and all deputy cabinet secretaries; eliminating the Office of the First Lady; closing the governor’s field offices in San Diego, Fresno and Riverside; and eliminating the Office of the American Reinvestment and the Recovery Act Inspector General six months ahead of schedule.
The 2010 Budget Act included a total of $18 million for the Governor’s Office. After the 25 percent reduction, the total Governor’s Office budget in 2011 will be $13.4 million.
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Previously, uncompensated agents were not liable unless the loss resulted from the attorney-in-fact's bad faith, intentional wrongdoing or gross negligence. That immunity allowed some uncompensated agents to act irresponsibly to the detriment of the principal.
Although an agent appointed under a power of attorney still does not have an affirmative duty to act (unlike a trustee), whenever such agent chooses to act under the power of attorney then the agent must do so prudently and responsibly under the circumstances known to the agent.
Even agents who act without compensation and breach this duty may now be held liable by a court for any loss or depreciation in value of the principal's property resulting from the breach of duty, with interest; for any profit made by the attorney-in-fact through the breach of duty, with interest; or for any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.
Consider, for example, a son who manages (without pay) his parents’ brokerage account as their agent for financial affairs.
As agent the son makes investment decisions and buys and sells securities using his parents’ money.
Now when the son as agent makes these investments, he is held to a similar standard of care as a trustee responsible for trust investments.
Thus, if the son acts negligently – such as making unsound investments without reliance on an qualified investments advisor – he can be held liable in the ways described above; such as for any loss resulting from a breach of this duty.
How would the negligent agent ever be held liable?
A court proceeding initiated by a petition to impose the liabilities (penalties) would have to be filed. That petition could be filed by the principal, by a subsequent agent or by a subsequent conservator for the estate of the principal.
The court would then hear the facts and circumstances related to the agent’s actions and would then decide whether or not to impose the penalties.
The court has discretion to excuse the negligent attorney-in-fact in whole or in part from liability if the attorney-in-fact acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, if the court finds that it would be fair and just to do so.
Clearly, the purpose of the law is to protect the principal (the parents in my example above) from an unreasonably negligent agent by holding the agent accountable.
An agent is, therefore, well advised to seek relevant professional help to properly undertake any endeavor on behalf of the principal.
Accordingly, if the agent is signing the principal’s tax return, the agent should hire a qualified tax preparer to prepare the tax return.
If is selling real property, the agent should hire a qualified real estate agent to assist in the sale. If the agent is managing investments, the agent should hire a qualified financial advisor.
And, lastly, if when any legal issues arise, the agent should consult a licensed attorney for advice.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at
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A search team found the body of Jesma Bailey in Middle Creek, according to Capt. James Bauman of the Lake County Sheriff's Office.
Bauman said deputies responded to Bailey's residence on Dewell Road shortly before 10:30 a.m. Wednesdsay when her husband, Daniel Bailey, reported that she had disappeared from their residence some time during the previous night.
Daniel Bailey told deputies he had last seen his wife at about 9 p.m. Tuesday when he went to bed, Bauman said. The following morning when Daniel Bailey woke up, his wife was gone and a door leading outside from her room had been left open.
Prior to the deputies’ arrival, Daniel Bailey had found a pillow, a blanket, his wife's reading glasses and some DMV paperwork outside about 40 feet from the home, Bauman said.
Daniel Bailey told deputies that his wife had been troubled about her fourth driving under the influence arrest last November, but had otherwise expressed no thoughts of hurting herself. Bauman said the husband also reported finding empty liquor bottles about the home and a bottle of recently filled prescription medications was found nearly empty.
Additional deputies arrived to assist with looking for Jesma Bailey around the property and the area of Middle Creek, which is directly across Dewell Road from the home, Bauman said. After failing to locate the woman in the immediate area, deputies requested that a search and rescue operation be launched.
Bauman said an incident command center was established at the US Forest Service Station on Elk Mountain Road by Lake County Sheriff’s Search and Rescue and Office of Emergency Services coordinators. Members of the K-Corps joined Search and Rescue volunteers to expand the search area.
Efforts to get air support from outside of the county were thwarted by weather conditions, Bauman said. However at about 2:15 p.m. Wednesday a locally assigned REACH helicopter was able to respond.
While flying the area, the REACH helicopter located what appeared to be clothing along the banks of Middle Creek, Bauman said.
Acting on that information, Bauman said a search team proceeded to an area more than a mile downstream from the Bailey home and at about 3:20 p.m. they found Jesma Bailey deceased in the water.
Upon recovering the body, Bauman said detectives called to the scene found the woman had sustained some superficial injuries, but there were no obvious signs of foul play or significant trauma.
He said the exact circumstances surrounding Jesma Bailey’s death are pending further investigation and her exact cause of death is pending the results of an autopsy scheduled for next Monday.
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The district will receive a grant of just over $1 million and a loan of approximately $600,000 allocated by the U.S. Department of Agriculture’s (USDA) Rural Development program, according to Congressman Mike Thompson (D- St. Helena), who announced the funding Wednesday.
“This solar array system will meet all the energy needs for the water reclamation plant, reduce their reliance on fossil fuels and cut their green house emissions,” said Thompson. “These kinds of projects are a win-win situation; not only is it supporting green technology and jobs, but benefiting our environment.”
The Hidden Valley Lake Community Services District provides water, sewer and reclaimed water to approximately 7,000 residents in southern Lake County.
The district’s water reclamation plant is the largest source of energy demand in the area, requiring approximately 423,000 kilowatt hours which produces 123 metric tons greenhouse gas emissions annually.
The solar array system will ensure sustainable energy costs, cuts to greenhouse emissions and provide reliable sustainable service as the Hidden Valley Lake service area builds out.
“The district board and staff have worked long and hard to make this solar project a reality for the Hidden Valley Lake community, but it would not have become a reality without the continued support and advocacy of Congressman Thompson,” said Linda Herndon, president of the Board of Directors of the Hidden Valley Lake Community Services District.
Herndon added, “His advocacy for rural and less affluent communities has been consistent over the years and provided the critical opportunity for us to be heard in an arena where it really counts. As a result this project has been made possible.”
Visit the district online at www.hiddenvalleylakecsd.com/ .
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