By USDA Undersecretary Kevin Concannon

Fresh fruits and vegetables? Key elements of a healthy diet, for sure. But many people of modest means, including those
served by USDA's nutrition assistance programs, wonder if they can afford to buy healthy foods like the wonderful fresh produce that can be found in summer abundance at America's farmers' markets.

As USDA Undersecretary for Food, Nutrition and Consumer Services, I find that perception a source of concern because we
work hard to encourage all Americans to make healthy food choices - particularly those participating in USDA's nutrition
assistance programs, from kids in school to the more than 46 million people participating in USDA's Supplemental Nutrition Assistance Program.

Well, I'm pleased to say that a recent study by USDA's Economic Research Service, "Are Healthy Foods Really More Expensive? It Depends on How You Measure the Price," found that healthy food choices, like fresh fruits and vegetables, may be more affordable than people think.

They found that while it is easy to buy "cheap" calories by using less-healthy foods, there are many healthy food choices that
cost no more per portion than less nutritious foods. Measured by the cost per portion, or per pound, grains, vegetables, fruit, and
dairy foods are actually less expensive than most protein foods and foods high in saturated fat, added sugars, and/or sodium.

This is great news for all those trying to get by with a limited food budget - like people receiving SNAP benefits. You don't have to compromise on good nutrition just because money is tight. And just in time for summer.

If you haven't been to one of the nearly 7,200 farmers' markets across the country, I encourage you to do so. Farmers' markets offer shoppers a wonderful place to find the fresh fruits and vegetables and other local produce so important to a healthy diet - particularly now when farmers' markets are practically bursting with a bounty of summer produce.

USDA strongly supports farmers' markets. And the Food and Nutrition Service, which I oversee, has farmers' market programs for Supplemental Nutrition Assistance Program (SNAP) participants, for seniors, and for WIC mothers to help provide healthy food for them and their children.

We also encourage farmers markets to accept SNAP electronic benefit transfer (EBT) cards, which makes it easier for SNAP participants to make purchases.

Farmers markets are the ultimate win-win situation. They're a win for customers because they can easily buy the freshest produce available. They're a win for producers because they are a convenient local market for their products.  They also provide a chance for customers and producers to meet face to face and build better understanding of community agriculture and what customers want.

So visit a local farmers' market today - you're in for a treat.  And remember, fresh fruits and vegetables are not only the healthy choice - they're the affordable choice, too.

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Calls on Congress to stay in session until a comprehensive jobs package is passed

Washington, D.C. - Congressman Dave Loebsack today issued the following statement in response to the Department of Labor's announcement that the unemployment rate rose to 8.2 percent in May and 69,000 jobs were added.

"The one thing preventing Congress from addressing the economy in a meaningful way are the obstruction and games being played in Washington.  Our economy isn't a game and Washington needs to be part of the solution, not part of the problem.

"Time and again, I have crossed the aisle and worked in a bipartisan manner - the Highway Bill, Workforce Investment Act, SECTORS - to try and pass legislation that will get us back to an economy that works for all Iowans.  Washington Republicans do not seem to be in any rush to get anything done. Today's job report makes one thing very clear, we have a long way to go.  I call on Congress to work every day until a comprehensive jobs package has been passed and the American people have some confidence that Congress is working in their best interest."

###
Addiction Specialist Offers Tips for Overcoming
Tech Disconnection & Anxiety

Social media sites like Facebook connect users with old friends, new acquaintances and everyone in between. However, studies are revealing an inverse link with online connections and deeper, face-to-face relationships.

Norwegian researchers recently developed a test for networking sites, called the Bergen Facebook Addiction Scale, which likens inordinate amounts of time spent on the networking site to drug and alcohol abuse. The test measures how often people use the site, if they do so to forget their problems and how using the site negatively affects their personal and working lives.

Researchers found the following groups of people most at risk for Facebook addiction:

Women, who are more social than men,
Young people, who are more tech savvy than older people
Anxious or socially insecure people

"Social media, and the new emphasis on the importance of 'multitasking,' have helped drive a wedge between family members," says psychologist Gregory L. Jantz, author of #Hooked: The Pitfalls of Media, Technology and Social Networking (www.drgregoryjantz.com).

Ironically, people become less social the more time they spend on social sites, and they tend to get less done while multitasking because they do not focus on completing one task at a time, he says.

"When people abuse drugs and alcohol, they are trying to feel better, yet they are worsening their situation. We're finding this is also true for those who spend excessive amounts of time on social networking sites," he says. "Perhaps the hardest hit from social media addiction is the family unit."

Parents should monitor their own time online to ensure it's not further limiting the already shrinking amount of time available with their children, Jantz says. And they need to safeguard their children by monitoring their time, as well. Jantz suggests these questions for parents to ask themselves in gauging their kids' media usage:

• How much time do your kids spend with various forms of media? There are plenty of distractions from homework. Estimate how much time your child spends with the television, internet, social networking sites, cell phone, Blu-rays and game systems. The more time spent with media, the lower a child's academic performance, according to a Kaiser Family Foundation study.

• How much time do your kids spend with you versus online media? Remember, simply being in the same room isn't necessarily interacting. The less the scales tip in favor of human-to-human interaction, the more likely there may be a problem.

• Do you know how each device works and how it can be used? Familiarity with your children's gadgets gives you a better perspective of what their habits may be like.

• What are the consequences of their tech habits, and what should be changed? Make a list of the good and the bad consequences of your family's technology use. After comparing the two lists, consider changes that can turn negatives into positives.

"Technology continues at its accelerating pace, and we are in unchartered territory," Jantz says. "Increasingly, social networking infiltrates our personal lives, but we need to remember that it is created to serve us, and not the other way around."

About Gregory L. Jantz, Ph.D

Gregory Jantz has more than 25 years experience in mental health counseling and is the founder of The Center for Counseling and Health Resources, near Seattle, Wash. The Center, "a place for hope," provides comprehensive, coordinated care from a treatment team that addresses medical, physical, psychological, emotional, nutritional, fitness and spiritual factors involved in recovery. He is the best-selling author of more than 20 books on topics from depression to eating disorders.

Amendment turns missed opportunities into more convenient health care for veterans

Washington, DC - The House of Representatives last night passed H.R. 5854, the Fiscal Year 2013 Military Construction and Veterans Affairs Appropriations Bill, by an overwhelmingly bipartisan vote of 407-12.  Congressman Bobby Schilling (IL-17) teamed up with Congressman Aaron Schock (IL-18) and successfully included an amendment to the bill that directs $16 million within the Department of Veterans Affairs Office of Rural Health to expand two pilot programs known as Project ARCH (Access Received Closer to Home) and Project HERO (Healthcare Effectiveness through Resource Optimization).  

In December, Schilling introduced H.R. 3723, the Enhanced Veteran Health Care Experience Act, based on the success of Project HERO and the promise of Project ARCH.  The Schock/Schilling amendment will expand these two successful programs, supporting the goal of Schilling's legislation, which allows but doesn't require veterans to access the health care they need in their hometowns with their own doctors.  Schock is a cosponsor of Schilling's bill.

"You can tell a lot about a country by looking at how it treats its veterans," Schilling said. "Our veterans have given so much for our country, and we must follow through with our promise to provide them with the care they need.  I've talked to many constituents in the 17th District who, like me, believe we must continue to make improvements to our veterans' health care.  The amendment Congressman Schock and I included would do just that, helping more veterans receive the care they need and deserve closer to home."

In April 2011, the Veterans Affairs Office of Inspector General released an audit of its Office of Rural Health (where both Projects HERO and ARCH are funded) indicating that "at the end of FY 2010, Office of Rural Health (ORH) did not obligate $16 million of the $533 million received during FYs 2009 and 2010 which constituted in missed opportunities for ORH to improve access and quality of care for rural veterans by not having sufficient controls to ensure the use of all available appropriated funds."  The Schilling-Schock amendment directs $16 million to expand Projects HERO and ARCH in an effort to provide veterans with more convenient access to health care.

Project ARCH allows veterans in five veterans integrated service networks (VISNs) to receive their health care from non-VA health care providers.  To participate the veterans must enroll and meet the VA's distance travel criteria.  Project HERO allows veterans to access specialized medical services outside of the VA health system.  The VA contracted with Humana Veterans Healthcare Services (HVHS) to enable veterans to go to one of their prescreened network providers for care.  To participate, the veteran must be located in one of the four VISNs the program is running in.

Schilling and Shock spoke on the floor of the House of Representatives last night in support of their amendment.  Video of their remarks can be seen here.

# # #

The Executive MBA program through the University of Iowa helps health care professionals improve the quality and delivery of health care products and services to Iowans.

 

Nearly 20 percent of the 100 students taking EMBA classes in Iowa City, Cedar Rapids and Des Moines work in health care or health care related fields, including ten physicians, CEOs of healthcare facilities, and leaders in medical device and pharmaceutical industries. They learn how to better manage the business of today's increasingly complex health care practices and services so they can be delivered more affordably to Iowans.

 

QUOTE/UNQUOTE

Alex Taylor, associate director of the Tippie EMBA Programs: "Health care makes up 17 percent of US Gross Domestic Product, so it's not a surprise that 20 percent of our students work in health care."

 

DID YOU KNOW?

The Tippie Executive MBA program is the only program of its type in Iowa.  To find out more go to http://tippie.uiowa.edu/execmba/.

President again calls for jobs program during visit to Honeywell Facility

 

Washington, D.C. - Today, while visiting Honeywell's Golden Valley facility in Golden Valley, Minnesota, President Barack Obama will speak of the need to create a Veterans' Job Corps program to put unemployed veterans back to work.

 

Rep. Bruce Braley (IA-01) is pleased that President Barack Obama continues to push for creation of a Veterans' Job Corps. On May 8, Rep. Braley introduced legislation to create a national Veterans' Job Corps, a program that would seek to put unemployed veterans back to work using skills they developed in the military - to improve national parks, serve as police officers and firefighters, and work in communities.

 

This is not the first time President Obama has called for the creation of a Veterans' Job Corps. In his January State of the Union address, the President first called on Congress to create the Veterans' Job Corps.  In early May in Albany, New York, Obama included the Veterans' Job Corps on a Congressional "To Do List" to create jobs.

 

"We have made progress in reducing the number of unemployed veterans, thanks in part to several initiatives focused on putting veterans back to work, but there is still work to do. The bottom line is the number of unemployed veterans remains far too high," Braley said.

 

"Men and women who've put their lives on the line for our country deserve every opportunity when they return home.  Why not provide them the chance to keep contributing to the nation they love, whether as firefighters, cops, or park rangers?  They've already rebuilt Iraq and Afghanistan.  Now is the time to give them the chance to help rebuild America."

 

The Veterans' Job Corps Act would allow the executive branch to create the Vets Job Corps program as a cooperative project between federal agencies.  Members of the job corps could be employed to improve public lands and national parks, prevent forest fires, work in public safety jobs like police and fire departments, and control floods.  Participation in the corps would be open to unemployed veterans and unemployed widows of veterans.

 

As the highest-ranking Democrat on the House Veterans' Affairs Subcommittee on Economic Opportunity, Braley has worked to reduce unemployment among veterans and create jobs for returning service members.  Last October, Braley co-hosted a series of bipartisan field hearings on veterans' unemployment with Indiana Republican Marlin Stutzman.  In November, President Obama signed into law a pair of tax credits Braley championed to give businesses incentives to hire unemployed veterans.  In February, Stutzman and Braley held another veterans' unemployment hearing in Washington.

 

A copy of the Veterans' Job Corps Act can be downloaded at the following link: http://go.usa.gov/d4m

Davenport, Iowa, May 31, 2012 - Beginning June 4, the store at Vander Veer Conservatory will close temporarily for the Enabling Garden construction project. The Conservatory will remain open for regular hours. The closing is necessary for work on a new
entrance as part of the Enabling Garden project.

The Enabling Garden is an accessible garden and features plantings that stimulate all the senses, and includes planting beds and containers raised for comfortable reach. This accessible garden can be used by persons of any age or ability and includes garden elements that appeal to all five senses. The gardens are designed to improve and maintain the physical mental and social health of everyone.

An artist's conception of the completed Enabling Garden can be found on the Parks and Recreation's website on the Vander Veer Botanical Park page. The web address is: www.cityofdavenportiowa.com/parks.

Construction is expected to be complete sometime in August. Patrons should check the

Parks and Recreation website for any notice on closure during the construction period.

This Friday, June 1st, Two-Thousand And Twelve, we here at Daytrotter -- on the muddy Mississippi River in Rock Island, Illinois -- are posting our 2000th Daytrotter session. Point your browser to www.daytrotter.com and come celebrate with us.

We pulled out the stops and are commemorating the milestone with the debut session from country legend Glen Campbell. The Rhinestone Cowboy performs three classic cuts and the heartbreaking lead track from his new and final studio album.

In a symbolic nod to the sheer volume of killer, one-of-a-kind live sessions that we've posted since the site launched in February 2006, our 2001st posting is from the great Delta Spirit -- their 5th!

In celebration of our 2000th Daytrotter session, we are offering $20 annual memberships to Daytrotter for the next 24 hours only.

Coming at you from The Horseshack in downtown Rock Island, IL, Daytrotter brings you 5 new sessions a day, every day -- 140 Daytrotter session songs each week.

These fine people, traveling through America's heartland, take two hours out of their travels between shows to stop in for a session in downtown Rock Island, Ill. They use borrowed instruments, play with their touring mates, utilize an often unkempt toilet, eat some food and then cram back into their vans for the last half of the drive. What they leave behind is a pile of ashes, sometimes a forgotten stocking hat and four absolutely collectible songs - song as they are on that particular day, on that particular tour; dirty and alive

Recorded with minimal mic'ing, through discrete preamps and with some limiting, to the mixing console, they are printed to 1/4" analog tape running at 15 inches per second (usually BASF 468). There is no set formula or pattern to the recordings, and they are all live, no overdubs, straight to tape.

Here's to the next 2000 sessions and here's to the great artists we've worked and will someday work with!


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June 17th, POLYRHYTHMS brings piano Great Willie Pickens; the same Willie Pickens who performed five years ago at the very first Third Sunday Jazz Workshop & Matinee event. A celebrated educator performer, Pickens returns to the Redstone Room, in the RME on the corner of 2nd & Main, Davenport, IA, to see where his jazz demystifying teachings have taken us 66 Third Sundays later. Third Sunday Jazz Events begin with a workshop at 3 pm and is followed by a matinee concert from 6 - 8 pm.

"As our inaugural performer, Mr. Pickens set the bar for artistry and teaching at the Third Sunday Jazz Workshop & Matinee series", said Nate Lawrence of Polyrhythms.  "Generous in sharing the benefit of his experience, his counsel imprinted upon us the importance of providing top quality content and to not insult the kids by dumbing it down.  How could we go wrong?"

A piano powerhouse, WILLIE PICKENS began his career on Eddie Harris' 1961 national hit record, Exodus, since then playing with James Moody, Roy Eldridge, Max Roach, Clark Terry, Louis Bellson, Elvin Jones, Joe Henderson, Quincy Jones, Bunky Green, Ira Sullivan, Wynton Marsalis, and so many more. But instead of joining the national and international jazz scene, Willie chose to make his home in Hyde Park, becoming a public school teacher, an active member of the Hyde Park Union Church, and a mentor to scores of upcoming musicians. Just passing his 81st birthday, Pickens is more in demand and playing better than ever. The Chicago Tribune's Howard Reich writes that Willie's intense dramatic performances result from his "large and complex chords, his great splashes of color and dissonance in the right hand and his barrelhouse octaves in the left." Pickens is joined by Ron Wilson on bass and Manuel Lopez III on drums.

Pickens was born into a Milwaukee family that valued music. Willie's mother, herself an amateur pianist, saw to it that Willie's emerging talent was developed by encouraging his formal study of the instrument. His stepfather, an avid jazz fan and alto sax player, introduced him to the music of Art Tatum via the radio; as there were few jazz venues in Milwaukee.  Pickens also discovered the likes of Nat "King" Cole and Bud Powell?artists that would have a profound influence on his musical development.

In 1954, Pickens earned a teacher's certificate from the Wisconsin Conservatory of Music in Milwaukee and went on to the University of Wisconsin at Milwaukee, in 1958, to receive his B.S. in Music Education.  Ultimately, Willie's love of jazz would drive his musical career. Having "caught the bug" playing with saxophonist Bunky Green and pianist Billy Wallace, Pickens moved to Chicago as soon as he'd finished his degree. "Chicago was where the action was," he says, and started his baptism by fire in the city many regarded as the hub of the jazz piano world.

Although Pickens met with moderate success as a young musician, he married and started a family in 1959 and quickly realized that "if you've got kids, you've got to be sure how much money is coming in every week."  Since then, Willie has had distinguished dual careers as a performer and educator: he has served as band director for Lindblom and Wendell Phillips high schools and as Chair of the Department of Music at Phillips; he started Kenwood Academy's first jazz band; he has also directed the City of Chicago's All-City High School Band and taught at the American Conservatory of Music.  Today, he continues to teach piano part-time in the Northern Illinois University's jazz program and serves in the Ravinia/Chicago Public School Jazz Mentors Program.

At 81, Pickens continues to be one of Chicago's most in-demand pianists for visiting artists.  He has performed several times at the famed Chicago Jazz Festival, to rave reviews, and has been the featured pianist on impresario Joe Segal's Jazz Cruises.  He has also performed with fellow pianist Marian McPartland, both in concert and on her well-loved NPR show, "Piano Jazz".

Polyrhythms Third Sunday Jazz Matinee & Workshop Series at the RME's Redstone Room is scheduled for, June 17th, and features an all-ages workshop at 3 pm, followed by the matinee performance from 6-8 pm.   Admission to the workshop session is Free for Kids, $5 for adults.  General admission for the 6 - 8 pm concert is $10 or $15 for reserved seating.  For ticket information, call Polyrhythms: 309 373-0790.  For more information, visit our website: www.polyrhythms.org.

Sunday June 17th, Doors open at 5:30 pm.  Come and experience great jazz with the legendary Willie Pickens Trio "live" at the Redstone Room.

Polyrhythms Third Sunday Jazz Series is made possible with major support of the Riverboat Development Authority, the Scott County Regional Authority, and the RME as well as the support of AT&T, the Doris & Victor Day Foundation, West Music, Davenport Clarion Hotel, KALA, IL Senator Mike Jacobs, Peeples Heating & Air Conditioning, the Austin Family Charitable Fund, Greatest Grains, Skylark Recording Studio and DJ Mixxin Mel.

 

Iowa Supreme Court Opinions

June 1, 2012

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 10-1278

FLYNN BUILDERS, L.C. vs. MATTHEW P. LANDE and CHRIS LANDE

No. 11-0699

EMPLOYERS MUTUAL CASUALTY COMPANY vs. LACINDA RANEE VAN HAAFTEN

No. 11-1581

JOSEPH O. DIER vs. CASSANDRA JO PETERS

No. 11-1919

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. G. BRAD DENTON II


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