John Sheardown, Canadian Who Sheltered Americans in Tehran, Dies at 88





When militant radicals seized the United States Embassy in Iran in November 1979, they intended to take all its employees hostage. But five were elsewhere in the embassy compound and escaped capture. After six tense days of furtively moving around Tehran, one of them, Robert Anders, placed a call to a Canadian diplomat with whom he played tennis, and asked for help.







Sheardown Family, via Ottawa Citizen.

John Sheardown, right, with Kenneth Taylor, the former Canadian ambassador to Iran, in 2010.






“Hell, yes, of course,” the diplomat, John Sheardown, answered. “Count on us.”


The five employees had by then been joined by a sixth. Four ended up being hidden for nearly three months in the home of Mr. Sheardown, the Canadian Embassy’s No. 2 official, who died on Sunday at 88. The other two found refuge with the Canadian ambassador, Ken Taylor.


The episode, which came to be known as the “Canadian caper,” was a footnote to the Iranian hostage crisis, in which young Iranian revolutionaries seized the American Embassy and held 52 people hostage for 444 days to try to force the United States to return the deposed shah from New York, where he was being treated for cancer. After the shah died in July 1980 in Egypt and war erupted between Iran and Iraq, negotiations with the United States led to the release of the hostages in January 1981.


The concealment and extrication of the American diplomats by the Canadian government and the Central Intelligence Agency inspired the recent movie “Argo.” Though Mr. Sheardown is not mentioned in it — public recognition always gravitated to Mr. Taylor, who is portrayed in the film as a hero — his role was nevertheless consequential.


“Without his enthusiastic welcome, we might have tried to survive on our own a few more days,” Mark Lijek, a retired Foreign Service officer, wrote in Slate last year. “We would have failed.”


Mr. Sheardown’s avuncular, pipe-puffing manner led his houseguests to call him Big Daddy. He bought groceries at different stores to disguise his household’s suddenly larger appetite. He bribed the garbage collector with money and beer for the same reason. Surveillance, including tanks at the end of the street, was constant. Strangers knocked on the front door, suspicious calls were commonplace, their car was repeatedly searched.


“We were already living in danger,” Mr. Sheardown’s wife, Zena, said in an interview on Wednesday. “And certainly the danger was compounded because we were hiding, literally hiding, fugitives.”


Mr. Sheardown, she said, died in Ottawa, where he lived, after being treated for Alzheimer’s disease and other ailments.


John Vernon Sheardown was born on Oct. 11, 1924, in Sandwich, Ontario, a small town absorbed by Windsor in the 1930s. At 18, he joined the Canadian Air Force and flew a bomber in World War II, once crash-landing near an English village after limping back from an attack on Germany. He broke both legs, but was able to crawl to a pub door at 3 a.m. and rouse the owner. He asked for a glass of Scotch, which the owner gave him. The owner then asked for payment while Mr. Sheardown waited for an ambulance — a story Mr. Sheardown relished.


He joined Canada’s immigration service in the early 1960s and later transferred to the foreign service, where he specialized in immigration matters. He was busy in Tehran with Iranians who wanted to leave the country, as well as with Afghans who had fled their country after the Soviet Union invaded it in December 1979. His houseguests became an official part of his responsibilities after the Canadian Parliament held its first secret session since World War II to approve the rescue mission, which included issuing the Americans fake Canadian passports.


While in Tehran, the Americans in his rented 20-room house occupied themselves by listening to news on a shortwave radio, reading, playing Scrabble and cards and, by their own admission, drinking copiously. They had to leave the house only once, when the owner had a real estate agent show it to a potential buyer. The two Americans staying with Ambassador Taylor were spirited to the Sheardown house for Thanksgiving and Christmas.


The diplomats posed as members of a film crew who had supposedly been scouting locations. They had been taught how to speak like Canadians — for instance, by ending sentences with “eh?” One was given a Molson beer key ring.


Mr. Sheardown’s first marriage, to Kathleen Benson, ended in divorce. Besides his wife, the former Zena Khan, he is survived by his sons, Robin and John; his sisters, Jean Fitzsimmons and Betty Ann Whitehead; six grandchildren; and 10 great-grandchildren.


After being awarded a high honor, the Order of Canada, Mr. Sheardown fought for his wife, a British citizen, to receive the same award. She had been legally excluded from consideration because she had never lived in Canada. He argued that she had had the tougher job because she seldom left the house while living in danger. She received the honor in 1981.


After “Argo” appeared in theaters, Ms. Sheardown said, its director, Ben Affleck, called to apologize for leaving her and her husband out of the movie. In an interview on Thursday, Mr. Affleck said he had been fully aware of the Sheardowns’ heroism before the film was shot, but had reluctantly omitted it for reasons of length, drama and cost.


“They got lost in the shuffle,” Mr. Affleck said. “It really did break my heart a bit.”


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“GameStick” Will Be the Size of a USB Memory Stick, Plug into Your TV






When the Ouya game console (scheduled to launch in April) made headlines last year, it was for three reasons. One, its size and price — the $ 99 box, which plugs into a TV, is the size of a Rubik’s cube. Two, its choice of operating system — it runs the same Android OS which powers smartphones and tablets. And three — its rise to fame on Kickstarter, where it shattered records and received millions of dollars in funding not from venture capitalists, but from gamers who wanted to see it made.


Now GameStick, “The Most Portable TV Games Console Ever Created,” is preparing to make a name for itself in exactly the same ways. Except that in some of them, it surpasses the Ouya.






Not even a set-top box


Up to this point, pretty much all home game consoles have been a box that sits on your shelf and plugs in to your TV. (Some PCs even do this these days.)


The GameStick, on the other hand, is about the size of a USB memory stick or a tube of lip balm. It plugs into a TV’s HDMI port, and connects to a wireless controller (or even a mouse and keyboard) via Bluetooth. It “works with any Bluetooth controller supporting HID,” and will come with its own small gamepad, which features twin analog sticks and a slot to put the GameStick itself inside when not in use.


Do we know if it works yet?


GameStick’s creators showed off pictures of a nonworking “Mark 1 Prototype Model,” and posted video of a “Reference Board” actually playing games while plugged into a television. This was a roughly USB-stick-sized circuit board, which lacked an outer case.


The reference unit had wires coming out of it, but the GameStick FAQ explains that on new, “MHL compliant TVs” it can draw power straight from the HDMI port, in much the same way that many USB devices are powered by a USB connection. A USB connector cable will be supplied with GameStick just in case, and “there will also be a power adapter.”


What about the games?


The GameStick reference unit was playing an Android game called Shadowgun, an over-the-shoulder third-person shooter which is considered technically demanding by Android device standards.


GameStick’s creators say “We have some great games lined up already,” and AFP Relax confirms that it has roughly the same internal specs as the Ouya, plus a lineup at launch of about a dozen games including several AAA Android titles.


How much will it cost, and when will it be out?


GameStick is available for preorder now from its Kickstarter page for $ 79. (The price includes the controller as well.) It has an estimated delivery date of April if the project is fully funded — and with 28 days to go, it had more than reached its $ 100,000 goal.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


Linux/Open Source News Headlines – Yahoo! News





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Taylor Swift, Harry Styles Pose with Fans in the Caribbean















01/04/2013 at 04:30 PM EST







Taylor Swift in a photo by @emmycfield


Courtesy Emily Canfield


It looks like Taylor Swift and Harry Styles are having a relaxing holiday ... with fans!

Before Christmas, the couple enjoyed the snowy slopes of Park City, Utah, but now they're making new friends in the Caribbean.

"@taylorswift13 thanks for the pic and nice meeting you! #13 #bestvacation," Twitter user @emmycfield, identified as Emily Canfield, wrote in a post Thursday.

"It was crazy she was walking into the restaurant I was walking out of [to] meet her in the parking lot," Canfield added in a photo posted in Instagram.

Canfield does not identify where she is, however several other Twitter users that posted photos of Swift and Styles claimed to be in the Caribbean.

"British Virgin Islands have no idea what's coming their way," @LilHELDD, who is identified as Hannah Held, wrote on Dec. 29. A couple of days, she later breathlessly posted, "Just bought Taylor swift and Harry Styles a drink. No joke. #whathappensinBVI…. DEAD FREAKIN SERIOUS I'm gonna try to get a pic with them but I'm scared."

She was, however, successful! Held later posted a picture of Styles with two unidentified women and wrote, "Still in a daze." A picture of Swift with four women also reads, "She's awesome. Better in person. I LOVE TSWIFT."

Another fan, @ban_ANNIE, who is identified as Annie Donatelli, said on Twitter that she's in the Caribbean, and wrote, "I actually made friends with fish and Taylor Swift and Harry Styles!!! So ha!!!"

To accompany a photo she posted with both singing stars, Donatelli added. "I've never been so happy."


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FDA proposes sweeping new food safety rules


WASHINGTON (AP) — The Food and Drug Administration on Friday proposed the most sweeping food safety rules in decades, requiring farmers and food companies to be more vigilant in the wake of deadly outbreaks in peanuts, cantaloupe and leafy greens.


The long-overdue regulations are aimed at reducing the estimated 3,000 deaths a year from foodborne illness. Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the Centers for Disease Control. The actual number of those sickened is likely much higher.


The FDA's proposed rules would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress on those safety efforts and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


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Teens drugged parents to they could use Internet




Two teenage girls were arrested in Northern California this week after they used sleeping pill-laced milkshakes to drug one girl's parents because they wouldn't let her use the Internet past 10 p.m., police said.


The incident unfolded in Rocklin -- about 20 miles northwest of Sacramento -- the night of Dec. 28, when the parents fell asleep about an hour after drinking  milkshakes their 16-year-old daughter and her 15-year-old friend brought them from a fast food restaurant, Rocklin police Lt. Lon Milka said Thursday. The parents woke up in the middle of the night feeling "really groggy" with "hangover symptoms," Milka said, but had not been drinking.


When they woke up again the next morning, they still felt "really odd," Milka said, and "figured that something was wrong."


The couple went to the Rocklin police station and picked up $5 drug kits typically used by parents to drug test their children, Milka said. After the tests picked up traces of drugs, the parents contacted authorities and brought their daughter to the police station.


Investigators later learned the girls crushed prescription sleeping pills and put them in the milkshakes so the parents would fall asleep and they could use the Internet past the 10 p.m. curfew.


"Mom and Dad had the Internet cut off nightly at 10 p.m.," Milka said. "The daughter wanted to use it past 10 because I guess they're like most teenagers and the Internet is their life."


The parents didn't end up drinking all of the milkshakes because it was "kind of gritty" and "really funny tasting," Milka said.


The girls, whose names were not released because of their ages, were booked on Dec. 31 in Placer County Juvenile Hall on suspicion of conspiracy and willfully mingling a pharmaceutical into food. Milka said it would be up to prosecutors to decide whether charges would be filed.


Milka said it was unclear what websites the girls accessed while the parents were asleep.


"It's the first I've ever heard of it," he said. "Kids are crazy these days."


ALSO:


LAPD car hit by semi-truck downtown; no injuries reported


Justin Bieber photographer killed tracking Ferrari is identified


Scott Sterling case: Investigators await autopsy, toxicology results


— Kate Mather


Follow Kate Mather on Twitter or Google+.



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Obama Signs Defense Bill, With Conditions





WASHINGTON — President Obama set aside his veto threat and late Wednesday signed a defense bill that imposes restrictions on transferring detainees out of military prisons in Afghanistan and Guantánamo Bay, Cuba. But Mr. Obama attached a signing statement claiming that he has the constitutional power to override the limits in the law.




His move awakened a dormant issue from Mr. Obama’s first term: his broken promise to close the Guantánamo prison. Lawmakers intervened by imposing statutory restrictions on transfers of prisoners to other countries or into the United States, either for continued detention or for prosecution.


Now, as Mr. Obama prepares to begin his second term, Congress has tried to further restrict his ability to wind down the detention of terrorists worldwide, adding new limits in the National Defense Authorization Act of 2013, which lawmakers approved in late December.


The bill extended and strengthened limits on transfers out of Guantánamo to troubled nations like Yemen, the home country of the bulk of the remaining low-level detainees who have been cleared for repatriation. It also, for the first time, limited the Pentagon’s ability to transfer the roughly 50 non-Afghan citizens being held at the Parwan prison at Bagram Air Base in Afghanistan at a time when the future of American detention operations there is murky.


Despite his objections, Mr. Obama signed the bill, saying its other provisions on military programs were too important to jeopardize. Early Thursday, shortly after midnight, the White House released the signing statement in which the president challenged several of its provisions.


For example, in addressing the new limits on the transfers from Parwan, Mr. Obama wrote that the provision “could interfere with my ability as Commander in Chief to make time-sensitive determinations about the appropriate disposition of detainees in an active area of hostilities.”


He added that if he decided that the statute was operating “in a manner that violates constitutional separation of powers principles, my administration will implement it to avoid the constitutional conflict” – legalistic language that means interpreting the statute as containing an unwritten exception a president may invoke at his discretion.


Saying that he continued to believe that closing the Guantánamo prison was in the country’s fiscal and national security interests, Mr. Obama made a similar challenge to three sections that limit his ability to transfer detainees from Guantánamo, either into the United States for prosecution before a civilian court or for continued detention at another prison, or to the custody of another nation.


It was not clear, however, whether Mr. Obama intended to follow through, or whether he was just saber-rattling as a matter of principle. Mr. Obama had made a similar challenge a year ago to the Guantánamo transfer restrictions in the 2012 version of the National Defense Authorization Act, but – against the backdrop of the presidential election campaign – he did not invoke the authority he had claimed.


Andrea Prasow, senior counterterrorism counsel at Human Rights Watch, which advocates closing Guantánamo, criticized Mr. Obama for not vetoing the legislation despite his threat to do so.


“The administration blames Congress for making it harder to close Guantánamo, yet for a second year President Obama has signed damaging congressional restrictions into law,” she said. “The burden is on Obama to show he is serious about closing the prison.”


Signing statements are official documents issued by a president when he signs bills into law that instruct subordinates in the executive branch about how to implement the new statutes. In recent decades, starting with the Reagan administration, presidents have used the device with far greater frequency than in earlier eras to claim a constitutional right to bypass or override new laws.


The practice peaked under President George W. Bush, who used signing statements to advance sweeping theories of presidential power and challenged nearly 1,200 provisions over eight years – more than twice as many as all previous presidents combined.


The American Bar Association has called upon presidents to stop using signing statements, calling the practice “contrary to the rule of law and our constitutional system of separation of powers.” A year ago, the group sent a letter to Mr. Obama restating its objection to the practice and urging him to instead veto bills if he thinks sections are unconstitutional.


As a presidential candidate, then-Senator Obama sharply criticized Mr. Bush’s use of the device as an overreach. Once in office, however, he said that he would use them only to invoke mainstream and widely accepted theories of the constitutional power of the president.


In his latest signing statement, Mr. Obama also objected to five provisions in which Congress required consultations and set out criteria over matters involving diplomatic negotiations about such matters as a security agreement with Afghanistan, saying that he would interpret the provisions so as not to inhibit “my constitutional authority to conduct the foreign relations of the United States.”


Mr. Obama raised concerns about several whistle-blower provisions that protected people who provide certain executive branch information to Congress — including employees of contractors who uncover waste or fraud, and officials raising concerns about the safety and reliability of nuclear stockpiles.


He also took particular objection to a provision that directs the commander of the military’s nuclear weapons to submit a report to Congress “without change” detailing whether any reduction in nuclear weapons proposed by Mr. Obama would “create a strategic imbalance or degrade deterrence” relative to Russian stockpiles.


The provision, Mr. Obama said, “would require a subordinate to submit materials directly to Congress without change, and thereby obstructs the traditional chain of command.”


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Samsung and Apple are still the only winners in the mobile market






The duopoly of the U.S. mobile market intensified dramatically in 2012. Despite increased efforts from Motorola, LG (066570), HTC (2498), Nokia (NOK) and Microsoft (MSFT) to gain market share, Samsung (005930) and Apple (AAPL) continue to steal customers away from every other company. During a three-month period ending in November, comScore found that Samsung’s lead in the U.S. smartphone market increased 1.2 percentage points for a controlling 26.9% share. Apple’s smartphone market share grew from 17.1% to 18.5%, gaining 1.4 points following the launch of the iPhone 5. Rounding out the top-five were LG, Motorola and HTC, all of which saw their market shares decrease from August. LG fell 0.7 points to 17.5%, Motorola dropped 0.8 points to 10.4% and HTC’s market share decreased from 6.3% to 5.9%.


[More from BGR: Samsung confirms plan to begin inching away from Android]






[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]


The research firm found that 123.3 million people in the U.S. owned smartphones during the period, an increase of 6% since August. A majority of devices, 53.7%, were powered by Google’s (GOOG) Android operating system, which saw growth of 1.1 percentage points. Apple’s iOS market share increased 0.7 percentage points to 35%.


2012 was a transitional year for Research in Motion (RIMM) and Microsoft. Both companies spent most of the year preparing new operating systems. RIM will unveil its BlackBerry 10 operating system later this month and devices powered by Windows Phone 8 launched this past November. As a result, both companies saw lost share toward the end of 2012; RIM’s BlackBerry platform ranked third with a 7.3% share, down from 8.3% in August, and Microsoft’s operating system dropped 0.6 percentage points to a 3% share of the market.


This article was originally published by BGR


Wireless News Headlines – Yahoo! News





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Nicki Minaj: Is It Even Cool to Be a Judge on American Idol?






American Idol










UPDATED
01/03/2013 at 04:45 PM EST

Originally published 01/03/2013 at 04:15 PM EST







Nicki Minaj


Jonathan Leibson/WireImage


Nicki Minaj wasn't always sure about becoming a judge on American Idol.

Addressing "a judgmental culture in hip-hop," the rapper recently told The Hollywood Reporter, "Sometimes you are afraid of being too famous because it's almost, like, is that even cool? Being that accessible, someone you see on TV every week? I never pictured myself as that type of person. I'm still surprised that I decided to do it."

Equally shocked at her own decision to join the show is Minaj's one-time rival Mariah Carey.

"I was on the fence about the whole thing," Carey says. "I got approached by all the shows. [My husband Nick Cannon] said I should do it because it's the top. It's the cream of the crop. And I felt like, 'Do the show that's produced massive stars who have had major careers.' "

Adds Carey, "I know everyone's like, 'We can't have schmaltzy answers.' Well guess what? Some people still want to be inspired. Some people need to have that kind of validation and to feel like, if this person did it, then I can. And I do have one of those stories."

Their hesitation about joining the show isn't the only thing they have in common. Apparently, both judges are rocking some skimpy attire.

When asked if she has to tone down her look to fit the Idol mold, Minaj – who was caught screaming at Carey on camera in October – said simply, "I could think of at least one other person [who] shows more cleavage and skin than me."

Nicki Minaj: Is It Even Cool to Be a Judge on American Idol?| American Idol, Mariah Carey, Nicki Minaj

From left: Mariah Carey, Keith Urban, Ryan Seacrest, Nicki Minaj and Randy Jackson

Michael Becker / FOX

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CDC: 1 in 24 admit nodding off while driving


NEW YORK (AP) — This could give you nightmares: 1 in 24 U.S. adults say they recently fell asleep while driving.


And health officials behind the study think the number is probably higher. That's because some people don't realize it when they nod off for a second or two behind the wheel.


"If I'm on the road, I'd be a little worried about the other drivers," said the study's lead author, Anne Wheaton of the Centers for Disease Control and Prevention.


In the CDC study released Thursday, about 4 percent of U.S. adults said they nodded off or fell asleep at least once while driving in the previous month. Some earlier studies reached a similar conclusion, but the CDC telephone survey of 147,000 adults was far larger. It was conducted in 19 states and the District of Columbia in 2009 and 2010.


CDC researchers found drowsy driving was more common in men, people ages 25 to 34, those who averaged less than six hours of sleep each night, and — for some unexplained reason — Texans.


Wheaton said it's possible the Texas survey sample included larger numbers of sleep-deprived young adults or apnea-suffering overweight people.


Most of the CDC findings are not surprising to those who study this problem.


"A lot of people are getting insufficient sleep," said Dr. Gregory Belenky, director of Washington State University's Sleep and Performance Research Center in Spokane.


The government estimates that about 3 percent of fatal traffic crashes involve drowsy drivers, but other estimates have put that number as high as 33 percent.


Warning signs of drowsy driving: Feeling very tired, not remembering the last mile or two, or drifting onto rumble strips on the side of the road. That signals a driver should get off the road and rest, Wheaton said.


Even a brief moment nodding off can be extremely dangerous, she noted. At 60 mph, a single second translates to speeding along for 88 feet — the length of two school buses.


To prevent drowsy driving, health officials recommend getting 7 to 9 hours of sleep each night, treating any sleep disorders and not drinking alcohol before getting behind the wheel.


__


Online:


CDC report: http://www.cdc.gov/mmwr


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Greuel faults DWP for bypassing bids on lobbying contracts









The Los Angeles Department of Water and Power repeatedly bypassed its competitive bidding process when it awarded $480,000 in contracts to lobby Sacramento decision-makers, according to a report issued by City Controller Wendy Greuel.


DWP executives issued four no-bid contracts for state lobbying over the last two years, two of them to Mercury Public Affairs, a firm that includes former state Assembly Speaker Fabian Nuñez as one of its partners. No public debate or vote by the utility's five-member Board of Commissioners was required under DWP contracting rules because each agreement was $150,000 or less.


Greuel, who is running for mayor in the March 5 election, said the city utility had "lax controls" over the lobbying contracts and failed to require that two of the firms prepare reports showing what they had accomplished. Mercury also was paid $50,000 for a month of work to help secure passage of legislation on power plant upgrades that had been withdrawn on the first day of the firm's contract, the report found.






FOR THE RECORD:
DWP lobbyist: An article in the Jan. 3 LATExtra section about DWP lobbying practices said the agency had been paying $15,000 to its in-house lobbyist Cindy Montañez in 2009. The article should have specified that Montañez was being paid $15,000 per month.

"DWP should have terminated" the contract, Greuel wrote.


The inquiry, which was conducted with help from the city Ethics Commission, was launched last year after Greuel's office received a tip alleging that the lobbying work was awarded in exchange for favors. But no evidence of "a 'pay to play' arrangement" was found, her report said.


Mercury received DWP lobbying contracts worth $50,000 in 2010 and $150,000 in 2011, both focused on state government. The firm also received a no-bid, nine-month contract worth $141,000 in 2010 for lobbying at the federal level, which was not examined in the controller's report.


The DWP said the no-bid contracts were reviewed and approved by the city's lawyers. The three lobbying firms helped shape costly state regulations dealing with greenhouse gas emissions and pollution of ocean plant life caused by coastal power plants, utility officials said.


"Their effective advocacy contributed to favorable outcomes that will save LADWP's customers in excess of a billion dollars," the DWP said in a statement.


Mercury Managing Director Roger Salazar said his firm provided strategy for dealing with water quality regulators, as well as state lawmakers. "The legislative process doesn't always end with the pulling of a bill," he added.


The DWP's hiring practices for outside lobbyists attracted scrutiny in 2009 after high-level officials proposed a contract worth up to $2.4 million with Conservation Strategy Group — a Sacramento-based firm that planned to use Mercury and a second company as subcontractors.


The deal would have included the involvement of Nuñez, author of the state's landmark 2006 climate change law. But it was scuttled after DWP commissioners raised questions about the cost. The agency already was paying $15,000 to its in-house lobbyist Cindy Montañez, a former Assembly member who is now a City Council candidate.


DWP officials subsequently began using simple purchase orders instead of competitive bidding procedures to hire lobbying firms. The utility awarded a one-year, $130,000 agreement to Weideman Group in 2010 and a one-year, $150,000 agreement with Conservation Strategy Group in 2011.


Mercury received its $150,000 contract in April 2011, during the same week that Nuñez contributed $3,000 to three of the mayor's legal defense funds and $1,000 to a separate officeholder account belonging to Mayor Antonio Villaraigosa. The defense funds were set up to pay nearly $42,000 in ethics fines levied against Villaraigosa for accepting free tickets to sports and cultural events.


Salazar said there was no link between the contracts and the donations from Nuñez. "Any insinuation that they are connected is absurd and irresponsible," he said.


Last month, the DWP's five-member board awarded a Sacramento lobbying contract worth $1 million annually to KP Public Affairs. That vote was taken after a competitive search process.


david.zahniser@latimes.com





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