Monday, June 28, 2010

Photo Of The Day - Monday, 6/28/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor


 Susan Montee, JD, CPA
Missouri State Auditor
The Office of Missouri State Auditor oversees the auditing of Gasconade County every four (4) years which is mandated by statute.  These are the state audits about which certain elected Gasconade County officials have recently complained in open session of the County Commission.
For additional background information about Susan Montee, click on the following link:

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Laugh Of The Day - Monday, 6/28/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

See "Open Letter To CNL's Hank Vonk".  Click on link: 

http://www.hermannhearsay.blogspot.com/2010/06/open-letter-to-hank.html

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An Open Letter To CNL's Hank Vonk

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

Hank .... Kiss me, you great big hunk of burnin' love!

Animated old woman's kiss Pictures, Images and Photos

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Quote Of The Day - Monday, 6/28/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

"It's hard to beat a person who never gives up."  ~ Babe Ruth





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Sunday, June 27, 2010

Willie Nelson - Funny How Time Slips Away

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

Hope y'all are havin' a nice weekend!  We knocked off for the weekend here at HH.  I'm posting this from Lake St. Louis (where it is just as hot as in Hermann).  I rode my Harely up here for the weekend.  Jimmy went fishin' on the Gasconade River.  And Frank Furter is golfing with some of his computer geek buddies up in Columbia.  Sorry we didn't post anything yesterday!  Well actually, I'm not really too sorry!

Today is Willie Nelson Sunday!  Here's one of my favorite Willie songs ......

Friday, June 25, 2010

Laugh Of The Day - Friday, 6/25/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

Shouting to several prisoners ..... 

"Now here at the Rock we have two rules. Memorize them until you can say them in your sleep. Rule number one: obey all rules. Rule number two: no writing on the walls."  ~ Barney Fife played by Don Knotts

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Quote Of The Day - Friday, 6/25/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

Optimists believe good events are going to continue.  Bad events are transitory.

"I have not failed 10,000 times.  I have successfully found 10,000 ways that will not work."  ~ Thomas A. Edison

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Thursday, June 24, 2010

Photo Of The Day - Thursday, 6/24/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor


'Scout' relaxing after a hard day of doing nothing!
'Scout' is Dick Schaefer's grandpuppy from Tampa, FL.
Now 11 weeks old, she's growing like a weed.
She has learned how to sit on command!  WhoooHooo!

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Laugh Of The Day - Thursday, 6/24/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

In offering his proposed improvements to the county's tire and tire services bid specifications to Presiding Commissioner Ron Jost and Southern District Associate Commissioner Jerry Lairmore .......

"Let's see if you want to blow holes in it."  ~ Northern District Associate Commissioner Matt Penning

Smiley

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Quote Of The Day - Thursday, 6/24/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

Complaining at the 6/24 Gasconade County Commission Meeting about the financial audit being conducted this week by a private CPA firm hired by the Missouri State Auditor's Office ......

"This is really putting a burden on Mona*. It's the same information they wanted in March."  ~ Sheriff Randy Esphorst

* Mona manages the Sheriff's Office in the County Courthouse.

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County Commission Meeting - "Me thinks thou doest protest too loudly!"

Published by Dick Schaefer, Contributing Writer and Part-Time Investigative Reporter

I was reminded of a line in one of William Shakespeare's plays as I observed the procedings at this morning's weekly County Commission Meeting .....

"Me thinks thou doest protest too loudly!"

That was my take-away from this morning's Gasconade County Commission Meeting when Sheriff Randy Esphorst came before the County Commission meeting in regular session to protest being audited.   Sheriff Esphorst complained about having to subject his department to a financial audit by a private firm contracted to do these audits by the Missouri State Auditor's Office.  Audits of Gasconade County offices are conducted every four (4) years by state law..  The last two audits of the county were performed during 2002 and 2006.

Commiserating together with Sheriff Esphorst and also loudly protesting about the state's auditing process were Presiding Commissioner Ron Jost, Southern District Associate Commissioner Jerry Lairmore and County Clerk Lesa Lietzow.  The ONLY other elected county official present at this morning's County Commission meeting was Northern District Associate Commissioner Matt Penning.  Notably Commissioner Penning DID NOT PROTEST.  A careful observer would have concluded that Penning's silence and unwillingness to loudly protest the financial auditing of county offices spoke volumes!

In his article dated 6/24, Jeff Noedel, Publisher of CNL reported as follows: 

"Associate County Commissioner Jerry Lairmore (south district) objects to the auditors' meeting with each of the county's three commissioners individually, in private. Lairmore said in today's meeting that the auditors ought to interview the commissioners together, in open meeting."

Noedel made no comment about Lairmore's protestation on the matter of meeting with the auditors individually and in private.  I must say, however, that I found it at least curious that Lairmore would protest so loudly to meeting with the auditors individually and in private.  Again, Commissioner Penning DID NOT PROTEST.  Evidently Commissioner Penning has no reservations about meeting with the auditors individually and in private.


Seated from left to right:  Jeff Noedel, Jerry Lairmore, Ron Jost and Matt Penning.
Wait a minute!  Has Jeff been elected to the County Commission?  Aren't members of the press supposed to sit out in the public seating area?  (I apologize for the poor quality of this photo.  It was taken with my Nokia cellphone.  You see, here at Hermann Hearsay, we just can't afford a nice $3,000 digital camera!)

There were, of course, numerous other matters discussed during the meeting, but I will leave it to the other reporters attending the meeting to report to you everything else that was discussed.  All Hermann news organizations were represented at this morning's meeting:  CountyNewsLIVE.com (Jeff Noedel), HermannNews.com (Anna Wiegenstein), The Hermann Advertiser-Courier (Don Kruse) and Hermann Hearsay (Dick Schaefer) I am proud to say that a nice photo of Larry Miskel, Mike Jacquin and me discussing a matter of interest during one of the many lulls in a typical Jost-led meeting appeared on CNL.  (Next time I'll wear a clean, crisp white shirt and one of our classy HH silk neckties!)

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Wednesday, June 23, 2010

Editorial Comment - We're On The Up And Up!

Published by Jimmy Oldsun, NDRIRSRWRAFTC & Editor

Hermann Hearsay is making journalism history again!  Hermann Hearsay, the ONLY local daily online news website NOT involve in a civil lawsuit!

Subscribe to Hermann Hearsay!  We have yet to breach a business contract, sexually harrass any of our female employees, unfairly libel any under-performing civil servant or public official or intentionally over-charge any of our subscribers!

We are straight and above-board.  We've never been ticketed for jaywalking, speeding or littering.  We are reputable ...... well at least moderately so!

Yes folks!  Subscribe with us and you'll never be sorry!  We won't ever embarrass you or give cause to question our business ethics!  We're on the up and up!

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Editorial Comment: Definition of Terms - "Breach Of Contract"

Published by Jimmy Oldsun, NDRIRSRWRAFTC & Editor

A local online news service owner recently reported his involvement as Respondent in a civil lawsuit where the Plaintiff, another online news service owner, has petitioned the Courts for relief alleging "breach of contract".

What does the term 'breach of contract" mean?  What is the legal definition?

From the website www.uslegal.com, we find the following legal definition and expanded explanation:

"Breach of contract means failing to perform any term of a contract without a legitimate legal excuse. The contract may be either written or oral. A breach may include not finishing a job, failure to make payment in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not insuring goods, among others. An anticipatory breach may be made by an act which indicates the party will not complete the work.

A breach of contract in legal terms amounts to a broken promise to do or not do an act. Breaches of a contract are single, occuring at a single point in time, or continuing breaches. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. A contract a a legally enforceable promise, either made in writing or orally. However, certain promises must be reduced to writing in order to satisfy the Statute of Frauds, a rule of substantive law, not a rule of evidence, that specifies certain subjects that must be evidenced by a written instrument.

The non-breaching party is relieved of his obligations under the contract by the other party's breach. Courts will award damages in the event of a breach, but the intent is not to punish the breaching party, but rather to put the other party in the position they would occupy if the contract had been fulfilled. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfill the terms of the contract."

So you can see that an allegation of "breach of contract" is a very serious allegation, especially when it involves business owners who rely upon trust and confidence to successfully operate their businesses!  If the case is proven and a judgment is awarded, then the Respondent's business reputation will be seriously tarnished, particularly in a small community like Hermann.  If the allegation is found to be without merit and no relief is ordered by the court, then the reputation of the Plaintiff has been seriously tarnished.  Yes, the allegation of "breach of contract" against another party is very serious business!

Hermann Hearsay is watching the local case involving two of our colleagues in the news service industry with great interest.  Our editorial board has made the decision that we will have no further comment regarding the specifics or merits of this case until a court judgment is finally rendered.  This is a matter which involves a bitter dispute between two private businessmen in our community.  Were either of the two principals in this dispute an elected official, we would investigate the matter and report our findings to HH readers.  Public officials give up their right to privacy when they assume public office.  Since this dispute and lawsuit involves two private citizens, we will respect their privacy (although they have effectively lost their right to privacy by becoming parties to a civil lawsuit).  It's just that we understand both parties are under considerable stress because of the lawsuit.  We do not wish to involve ourselves in their private business affairs.  We do not wish to add to the stress they are already under.

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Photo Of The Day - Wednesday, 6/23/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor


General Stanley Allen McChrystal, relieved today of his duties as Commander, International Security Assistance Force (ISAF) and Commander, U.S. Forces Afghanistan (USFOR-A) by President and Commander In Chief Barack Hussein Obama.

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Laugh Of The Day - Wednesday, 6/23/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

“See, the problem is that God gives men a brain and a penis, and only enough blood to run one at a time.”  ~ Robin Williams



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Quote Of The Day - Wednesday, 6/23/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

"There is very little difference in people, but that little difference makes a big difference."  ~ W. Clement Stone



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