Hoya Saxa! That’s how I’ll greet our special guest this week. For years, he has led one of the most successful publicly traded companies in Oklahoma. And he is an alumnus of Georgetown University.

     Whenever a company decides to terminate an employee, it is a good idea to consult an attorney to be certain the company is in compliance with all applicable state and federal laws, as well as company policies and handbooks. Most employees are employed “at will.”

      RYLA. You’ve heard it mentioned. You’ve met the students. But do you know what RYLA is?

      According to the Rotary International website (www.rotary.org), “Rotary Youth Leadership Awards (RYLA) is Rotary’s leadership training program for young people.”

     When a company reaches fifteen employees, certain federal laws become applicable to it and certain policies are mandated by these laws. If your business has fifteen or more employees, you should consult an attorney about developing or updating these required policies, and how they should be communicated to your employees.

      Preparing to become President of the Rotary Club of Edmond, I had a couple of goals in mind: first, to continue all the good things we had been doing; then, to make certain our weekly programs were the best they could be; and, finally, to complete the project with the Rotary Club of Fortaleza-Planalto.

      In discussing employer monitoring of employee computer use, the first requirement is dividing employers into two categories: public and private.  In general, private employers may conduct electronic monitoring.  However, surveillance of government employees’ electronic transmissions is governed by the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures by the government.

     Imagine a government agency that is completely self-funded. No taxpayer money needed. Imagine also the head of that agency is appointed by the Governor, and yet, no matter who the Governor is, Republican or Democrat, the agency head is continually reappointed. Is that a pipedream?

     The Kick. Football fans in Oklahoma, at least those of a certain age, need no other introduction.

    It was a typical autumn day, that September 24, 1977. Almost 90,000 fans filled the horseshoe shaped Ohio Stadium in Columbus. Two of the most storied college football teams – 4th ranked Ohio State University and the 3rd ranked University of Oklahoma – were meeting for the first time. ABC broadcast the event to a nationwide television audience.

     You live in Oklahoma so you know the risk of damage spring storms can cause. You believe you’ve taken the steps necessary to protect yourself and your property by purchasing insurance. Your insurance agent has assured you the coverage you have will repair or replace your house, roof and vehicles in the event you find yourself in the path of a serious weather event.

     An issue that often arises during election season is whether a business owner must give his employees time off to vote. The short answer is, yes, your business is required to allow employees time off to vote.

      Every year, at the last meeting in June, the Rotary Club of Edmond installs a new board of directors. The Club’s By-laws provide the board has ten elected members: President, Immediate Past President, President-Elect, Secretary, Treasurer, Sergeant-at-Arms, and the Directors for Club Service, Community Service, International Service and Vocational Service.

      Vicki Miles-LaGrange, Chief Judge of the United States District Court for the Western District of Oklahoma, is a woman of many firsts.

     Trademarks, copyrights and patents are three different types of intellectual property. However, each protects something very different. It is important to understand what you have that might need protection and what laws are available to protect it.

      Golf! That’s right. It’s time for the Rotary Club of Edmond’s annual Golf Tournament. Despite a rather humid start to the week, the course is ready for Edmond Rotarians and their guests to have a great time on Wednesday. And you don’t have to be a golfer to attend!

     You may have been going through a divorce for several months. Your attorney stops returning your phone calls, is late for appointments and court, and you really don’t know what she is doing for the money you are paying. That inevitably leads a client to wonder how to know when it is time to change lawyers?

      Our special guest this week is one of our own, Patrice Douglas. And those of us who know Patrice well are thrilled to host her, for she exemplifies the Rotary motto of Service Above Self. An active member of the Rotary Club of Edmond, Patrice is an exceptionally busy person, who holds several full-time positions.

      As your business grows, it is important to determine what laws apply to your company, and to reevaluate your policies, or, in some instances, create policies. While many small businesses shy away from formal policies, some policies are not optional but are mandated by law.

      One question that comes up regarding the distribution of marital assets is what happens when one spouse already owned the house the couple lived in during the marriage.  For example, assume the wife owned a house for two years before the marriage, but for the ten years of the marriage the couple lived there together. For those ten years the couple paid the mortgage and made considerable improvements. Does the wife get it all?

      What do you know about the Oklahoma Health Care Authority? Did you know OHCA has an annual budget of approximately $4.3 billion dollars? That it serves over 825,000 Oklahomans? That it administers Oklahoma’s SoonerCare program?

     Great friendships. New experiences. Cultural exchanges. Important work.

     These are some of the words that come to mind as I prepare this last report from Brazil.

     One issue that often arises is what happens to child support when a child graduates from high school.  Let's suppose you have three children and are paying child support. Your oldest graduated from high school last May, but you are still paying the same child support you were paying before she graduated. Is there anything you can do to lower your support and get back the extra support you paid over the last year?

     Friday evening, at about 10:00 o'clock, Krista and her host family met me and my host family for dinner at the Coco Bambu Pizzaria Creperia Tapiocaria Restaurant, a couple of blocks off the beach in the middle of Fortaleza.

     Today – Friday – is the last full day both Krista and I will be in Fortaleza. I will be staying a few more days, visiting my Brazilian "family" -- Alceu, Marli, André and Natália Galvão. Krista leaves tomorrow afternoon for the long journey home.

     What a special day it has been. This morning we first visited another agency the Planalto Club supports. Called "Viva a Vida" (roughly translated as "Enjoy Life"), the agency is located in a very poor neighborhood called Tancredo Neves. Among other things, it creates a safe environment for children, trains young adults in important job skills, has a senior center for older members of the community, and provides a dental clinic.

     Today was a wonderful day! Krista arrived, albeit a little late, as her plane left the US a couple hours late. She missed her connection in São Paulo, and was originally booked on another flight several hours later. Fortunately, she was rebooked on a flight that was getting ready to leave. Krista had to run to her plane, but, as you can imagine knowing Krista, had no trouble making it.

     Hello, Edmond Rotarians from Fortaleza, Ceará, Brazil! It took three flights and about 24 hours, but we finally made it, and close to on-time, with all our baggage. The term ¨we¨ includes my daughter, Susan, and me.

     This week, we get to do something unusual. We will host our host. No, that’s not a typo. For at our meeting on Wednesday, we will be hearing from Henderson Hills Baptist Church.

     Let us assume the following scenario.  You are divorced with two children. You share custody with your ex-spouse and alternate visitation each week. Your company is transferring your job to Dallas. Can you take the children with you?

      The Rotary Club of Edmond has had some interesting guest speakers. We’ve hosted a Governor, Lieutenant Governor, and Attorney General; a football coach, a basketball coach and athletic director; an opera diva, court of appeals judge, college president and community leaders. But we haven’t hosted a Mrs. Oklahoma. Until now.

     If you think there may be litigation, it is imperative that you contact an attorney before making any decisions. But in the meantime, the quick answer to your question is, “probably not.” As a general rule, you should not destroy documents, either by shredding or deleting, if you think litigation may occur

    At our weekly meetings, we have fun touting the latest accomplishments of our favorite collegiate teams. And over the past couple of years, if memory serves correctly, we’ve hosted the presidents of Oklahoma State University, Langston University, the University of Central Oklahoma, Oklahoma Christian University, and even the soon-to-be president of Oklahoma City University.

     Oklahoma recognizes several types of business entities. Most small businesses in America operate as a Sole Proprietor. Operating a Sole Proprietorship is as easy as hanging out a shingle and beginning work.

      Do you ever despair about the future of our community, our state and our nation? Do you ever wonder where our future business and community leaders will come from? If so, I have good news. Our program this week will demonstrate the high quality of both our current and future citizen leaders.

     A buy-sell agreement is a contract between owners of a business. It is often used by stockholders of a small or closely held corporation, where the company depends on the stockholders to work in the business and the stockholders depend on the business for income. It may also be used in partnerships or other business arrangements.

     According to Article 6, Section 1, of the Oklahoma Constitution, the executive authority of the state is vested in nine named state officers. Eight of the offices are elected – Governor, Lieutenant Governor, State Auditor and Inspector, Attorney General, State Treasurer, Superintendent of Public Instruction, Commissioner of Labor and Commissioner of Insurance. The ninth officer, however, is not elected, but is “appointed by the Governor by and with the consent of the Senate for a term of four (4) years to run concurrently with the term of the Governor.” Do you know the name of that office?

     Can you legally ask an employee who is resigning or being terminated to sign a covenant not to compete? There is not a simple answer to this question. Many factors enter into whether an employer may require a covenant not to compete, and what may and may not be required of an employee, with respect to such a contract.

      "Where were you on…?" That’s one of those questions we hear about a big event. For Oklahomans, the date etched in all of our memories is April 19, 1995. None of us will forget that day.

     Here is a typical scenario: Your college age son has been summoned for jury duty. Although his drivers license still lists his permanent address in Edmond, he works and goes to college in Stillwater (or Norman). Can he get out of jury duty because he is a student, living in another county? Can his employer fire him for being gone for jury duty?

      What do we all have in common? Of course, each member of the Rotary Club of Edmond tries to live by the Four-Way Test: Is it the truth? Is it fair to all concerned? Will it build good will and better friendships? Will it be beneficial for all concerned? And we all try to live by the Rotary motto of “Service above self.”

     Under Oklahoma law, an employer must have specific written authorization from an employee before making deductions from the employee’s wages for anything other than deductions required by law or court order.

      What makes a city great? I suppose there can be any number of things. Population is a factor. So too is commerce. But certainly one of the criteria must be its support for the arts. And in this regard, a leading light in Oklahoma City is an agency called Allied Arts.

     If you have created a unique name, catch-phrase or logo design to use to identify your business, you should consider trademark protection. Here’s why.

      Michael J. Hunter, Secretary of the Oklahoma Commissioners of the Land Office, has devoted his life to making Oklahoma a better place. He grew up in Oklahoma, received his schooling in Oklahoma, has served in public office in Oklahoma, and recently returned to Oklahoma after spending several years in our nation’s capitol.

     A Living Will, also known as an Advance Directive, is one of the building blocks of a good estate plan. The Advance Directive lets you make end-of-life medical decisions now, sparing your family from difficult decisions later.

      Russell Perry has done it all. He’s been a successful businessman, a top banker, a community leader, a state official, publisher of a statewide newspaper and a major broadcaster. He is a man of many hats, all successfully worn.

     To plan or not to plan … that is the question many ask when they contemplate the end of life and what to do with the fruits of their labors. When asked this question, your lawyer might respond with “those who fail to plan … plan to fail.”

      Did you know Edmond is home to the 11th annual Endeavor Games? The University of Central Oklahoma will present the event, a nationally recognized competition that allows all athletes with physical disabilities to participate in 11 sport competitions. The Games also provide training clinics for aspiring athletes of all ages and classifications.

      Learning your spouse wants a divorce can be one of the most vulnerable times in your life, yet it is a time when you are forced to act swiftly, and be level-headed. The first actions you take will lead you down a path of redemption or disaster, and time is definitely not your side.

     A world-renowned opera singer from Oklahoma? That’s right. Born and raised in Enid, Oklahoma, Leona Mitchell has performed around the world.

     In the Oklahoma City Metro, more than 5,000 children are currently in foster care. To raise funds to support Oklahoma City metropolitan foster children Bids For Kids: An Event to Benefit Foster Children, hosted by Citizens Caring for Children, is being held April 17, 2010, at the Will Rogers Theatre in Oklahoma City. The event will include a live and silent auction, dinner, drinks and live entertainment provided by Brantley Cowan.

     Have you ever met a true renaissance man? If not, that will change when you meet Chief Judge Robert H. Henry. His interests are diverse, ranging from cooking and gardening to history and art. An avid author, Judge Henry’s writings have been featured in numerous books, law reviews, magazines, and newspapers.

     Did you know Oklahoma City All Sports Association has been an active part of the community since 1957? Did you know it was created to support and maintain the All-College Basketball Tournament, but that its mission now includes so many other events? Did you know it is annually responsible for bringing thousands of visitors to the community, who spend more than $30,000,000 in the metropolitan area?

     If you look at Valentines’ Day through rose-colored glasses everything looks pretty darn rosy. Flowers arrive on desks and depending upon the color the recipient has a good idea where the relationship is going. Heart shaped sugar cookies and chocolate are consumed with reckless abandon as the person eating the confectionery delights revel in shots of sugar.

     Justice Steven W. Taylor has been a member of the judicial branch of Oklahoma’s state government for over 25 years. He was Associate District Judge from 1984 to 1994, and then served as District Judge from 1994 to 2004. As a trial judge, Taylor presided over more than 500 jury trials, including the Oklahoma City bombing case.

     Snowflakes? Yes, snowflakes. As we settle in for the third (or is it fourth?) snowstorm of the year in Oklahoma, it is impossible to think of little else besides the snow. But how, you may ask, are snowflakes like employment lawsuits. Simple – each employment lawsuit is unique.

     Lieutenant Governor Jari Askins has been a leader in all branches of Oklahoma government. She has served as a Special Judge and as Deputy General Counsel to the Governor. Three weeks after her initial appointment to the Pardon and Parole Board, her fellow members elected her as the first woman ever to chair the board.

     In a scam spanning five states, including Oklahoma, Martin Frankel stole more than $200 million from seven insurance companies, during the 1990s. Frankel, now incarcerated for the scheme, pretended to invest the insurers’ funds in U.S. Treasury instruments, while in fact transferring the assets to a Swiss bank account. Since 1999, LL&D has represented Oklahoma Insurance Commissioner Kim Holland and her predecessor commissioner, as Receiver of the Oklahoma insurer victimized by the scheme.

     Ken Miller has several titles. He graduated with a B.A. in Finance and Economics from Lipscomb University, received his M.B.A. from Pepperdine University, and earned a Ph.D. in Political Economics from the University of Oklahoma. Thus, he is known as Dr. Miller.

     A couple of my Democratic friends have thought we’ve had a few too many Republicans speak to our Rotary Club of Edmond. And a few of my Republican friends have wondered at all the Democrats who have spoken to us. I haven’t heard yet from any Independents, though I can guess what they might think.

     What can I say about Oklahoma Governor Brad Henry that others haven’t already said?

     I hope you have discovered a useful office program or utility from reading parts 1 and 2 of this series.  This final installment in the series will focus on free multimedia tools.

     Drew Edmondson has been a stalwart of Oklahoma law enforcement for several decades.

     I admit it. I haven’t put on my rose colored glasses all week. I’ve been wearing my crimson and cream-colored glasses instead. The pair that sings Boomer Sooner every time I blink. I suspect some people don’t appreciate how often the song gets played. I blink a lot. On purpose.

     As the New Year approaches, we customarily review where we’ve been and consider where we are headed. However, the Rotary year starts on July 1, not January 1. So let’s take a modified approach, and see what’s happened the last six months and discuss where we’re going for the next six months.

     As The U.S. Congress turns its attention away from health care to how to finance the changes, one place they will look will be the soon to sunset estate tax code. The estate tax is set to cease in 2010; however, most pundits who follow such matters closely speculate the Democrat-controlled House and Senate will reinstate the estate tax provisions to the Tax Code.

     When I was told a few days ago that the Club President traditionally performs at our Christmas party, it seemed apt to come up with something that combined a Christmas theme with a Rotary theme. The story I am about to tell goes back to the founding of our country. It is, in my opinion, a great American example of fulfilling the Rotary motto of Service Above Self.

     So, here’s the story. Sometimes I promise myself the rose-colored glasses will not come off, no matter what. Today is one of those days. I got a gift from one of my colleagues. It is a pretty little book on effective legal writing. What a terrific gift. Something to help me in my business.

     Windows has a number of utilities bundled within it. However, it excludes many important ones as well. While there are expensive programs out there that fulfill these needs, there are often free alternatives. This article identifies some useful, free utilities.

     Our program this week is our annual Christmas Party, which starts at 11:30. Several of our fellow Edmond Rotarians will perform for us. If you have never been to one of these events, this will be a great time to come. I look forward to seeing you tomorrow for an enjoyable time of fellowship.

     Believe it or not (credit to Ripley’s) there is an amazing amount of useful software that is absolutely free (Make sure you read the license, sometimes there are restrictions on entitlement to use the free version.) The purpose of this article is to identify some of the free productivity software I use on a regular basis. It will be in three parts, with each part focused towards a general category of software.

     Our program this week is our annual Christmas Party, which starts at 11:30. Several of our fellow Edmond Rotarians will perform for us. If you have never been to one of these events, this will be a great time to come. I look forward to seeing you tomorrow for an enjoyable time of fellowship.

     Here’s the story. Every morning before I get out of bed, I put on my rose colored glasses. You know the ones I’m talking about. The glasses that let us see the world as pretty darn close to perfect. A place where my clients don’t need me because everything is going well. Hmmm.

    Typically, when someone says “garnishment”, people assume that a portion of the individual’s wages are being collected for a third party. While this may be true, there are actually a number of different types of garnishment.

     During the First World War, a company of doughboys (as American soldiers were then called) found itself in the unfortunate position of being behind enemy lines in France. This was a serious problem, as trenches filled with armed enemy soldiers separated the company from the rest of American forces.

     In a recent decision, the Oklahoma Supreme Court ruled employers with fewer than 15 employees now may be subject to liability for wrongful discharge based on the public policy against discrimination set forth in the Oklahoma Anti-discrimination Act (“OADA”).

    The word “garnish” comes from Old French and means to “provide, furnish, defend, be cautious guard or provide for.” Today, the ward garnish means an attachment of funds, or, to use the old definition, a mechanism used by creditors so that an employer can provide the creditor with the funds of its debtor, the employee.

      Bill Price has been an Oklahoma leader for most of his life. A graduate of Georgetown University’s School of Foreign Service, Bill received his J.D. from the University of Oklahoma. He served as an Assistant to Judge Alfred P. Murrah, and later became an Assistant United States Attorney, where he prosecuted a wide variety of cases. In 1982, he became the United States Attorney for the Western District of Oklahoma, a position he held for seven years.

     Did you know that Veterans Day originally was called Armistice Day? First proclaimed in 1919, one year after the end of hostilities in the First World War, Armistice Day became Veterans Day in 1954. According to the United States Department of Veterans Affairs, November 11 is meant to be “a celebration to honor America’s veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good.”

     His record is amazing. Six consecutive world titles. Two Olympic gold medals. A combined high school, college, domestic freestyle and international record of 436 wins against only 20 losses and 2 draws.

      This week, our program is the culmination of our annual Career Shadow Day. This is one of our favorite events. I don’t recall when we started holding Career Shadow Day, but it is always a special time.

     Bill Burkett has done it all. He served in the United States Army during World War II and Korea. He graduated from the University of Oklahoma College of Law, receiving his LL.B. 60 years ago. He practiced law first in Woodward, and later in Oklahoma City.

     Norman Lamb has had a long and varied career. He graduated from Enid High School in 1953, from Cameron Junior College in 1955, from the University of Oklahoma in 1957, and from the University of Oklahoma Law School in 1963. He taught math and history and coached football at Enid High School, was chief prosecutor for Garfield County, and has been in the private practice of law for close to 40 years.

     Tamie Babb, our District Governor, is a physician, and is married to a physician, Mike Babb. She is a member of the Rotary Club of Cushing, and has served as President of the Cushing club and as Assistant District Governor of our District.

     State Senator Todd Lamb is the first Republican Senate Majority Floor Leader in the history of Oklahoma. He was first elected in 2004 with over 70% of the votes, and ran without opposition in 2008.

     Our speaker this week, Avilla T. Williams, is President of Integris Health Edmond. In this capacity, she is leading the development of a new acute care hospital for the Edmond community.

     When he appointed Kim Holland to fill an unexpired term as Commissioner of Insurance, Governor Brad Henry predicted: “Kim Holland will restore integrity and public confidence to the insurance commissioner’s post.” At the time, the Oklahoma Insurance Department had low internal morale and commanded even lower public confidence. In short order, Commissioner Holland did precisely what the Governor had said. She restored public trust and engendered a new ethos of honesty and transparency within the Department.

     Past President Clark Jolley is well known to us all. A George Mikesell Award winner, Clark has served the Rotary Club of Edmond in many ways, and currently is our Sergeant-at-Arms. One thing we all know about Clark – his passion for service is evident in whatever he does.

     Get ready for … basketball season? Well, it’s not quite time for that, but Oklahoma State University Men’s Basketball Coach Travis Ford will be the Rotary Club of Edmond’s inaugural guest speaker this week in our new location at Henderson Hill Baptist Church. Coach Ford played basketball his freshman year for the Missouri Tigers, then transferred to the University of Kentucky to finish his collegiate career in his home state.

     Edmond’s City Attorney, Steve Murdock, is a past President of the Rotary Club of Edmond Central, one of our two predecessor clubs, as well as a recipient of the George Mikesell Award. A long-time Rotarian, Steve is one of those people who truly lives the Four-Way Test. He is a leader in his church, in his community, and in his profession.

     Perhaps the least understood statewide elective office is that of Corporation Commissioner. The Oklahoma Corporation Commission consists of three members, each of whom is elected by the citizens of the State to a term of six years.

      Have you been to a Thunder game? A ticket to see the National Basketball Association’s most recently named team is a hot item. Did you know that the Oklahoma City Thunder ranks third in sales of full season tickets? That’s right – third out of thirty. Ahead of the Celtics. Ahead of the Bulls. Ahead of New York, Dallas, Houston, Philadelphia, and so many others.

     Which college football team in Oklahoma ended last season with seven consecutive wins? Hint: it’s not either of the teams located about 45 minutes from Edmond; the answer is right here in Edmond.

     The tenth annual Oklahoma City Memorial Marathon will start on April 25, 2010, at 6:30 a.m. Registration begins in just a few weeks, on Labor Day, at 8:00 a.m.

     If you believe the media stories the last few years, most of the ills of the country were apparently caused by lobbyists.  These lobbyists have allegedly bought all of the politicians.  

     Dear Edmond Rotarians–
Thank you for responding so graciously to our last minute change in plans the other day. As you know, because of an unfortunate circumstance beyond our control, we had to cancel our meeting only minutes before it was set to start. We will reschedule our program – Steve Murdock – as soon as possible.

 Have you ever been the victim of a “cybercrime?” Computer intrusions, fraud and identity theft have all become much more common. Indeed, as we met last week, the New York Times was running a story entitled, “Cyberattacks Jam Government and Commercial Web Sites in U.S. and South Korea.”

     It is a disturbing yet very important question.  Ward Churchill recently lost his court battle to be reinstated to his teaching position at the University of Colorado.

     Big Eight golf champion. OSU head golf coach at 25. Twenty-five conference championships. Eight NCAA championships. Karsten Creek. Boone Pickens Stadium. Et cetera.

     If you are reading this, you are doing so on the "New and Improved" LL&D website.

     The U.S. Copyright Office is currently undertaking a rulemaking process to determine whether to exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works. 

     I grew up in Poteau, Oklahoma, not far across the border with Ft. Smith, Arkansas. We got Ft. Smith television stations.