Choice of forum and law clauses can be vitally important, especially when the parties to the contract are located in different states (or countries) at the time the contract comes into being. Being forced to defend or prosecute a breach of contract dispute in a foreign jurisdiction can be expensive, inconvenient and lead to unpredictable results if the forum law is substantially different than the law under which the business normally operates.

  The official biography is short, a reflection of a man without an ego. Born in Ardmore, he graduated from Broken Bow High School, received his B.A. in religion from Oklahoma Baptist University and earned his M.Ed. in school counseling from East Central University. From 2002-2011, he served as Associate Minister of Wesley United Methodist Church in Shawnee, and last month became its Senior Pastor.

    Do you tweet? Are you a blogger? Do you use social media?

       In part one of this article we discussed the use of guardianship proceedings to care for adults who are incapacitated. While guardianships are often necessary, they create limitations that planning can avoid. Guardianships require court oversight of the financial and personal business of the incapacitated adult, including approval in advance for some activities.

       Bob Hammack, a 40-year advertising veteran, has created over 20,000 radio, television and print advertisements, and won all the typical accolades – and, as he says, a few that aren't so typical. He is a recipient of the American Advertising Federation (AAF) Lifetime Achievement Award, which is the highest honor afforded an individual in advertising. He has also received the Promax Award, the Gabriel Award, the RAMA (Retail Advertising and Marketing Association) Award, and the MAC Award, and been a three-time winner of the National Addy competition.

       The law provides several mechanisms to ensure the safety and well being of folks who can no longer care for themselves or their property. The nature of these mechanisms – and how they impact the lives of the people involved -- varies widely. Some require court oversight and legal action. Others, with some planning, can be carried out by family or friends without court supervision. The relative difficulty of the process available to a particular person depends largely upon whether the person has planned in advance.

          Does it seem like a long time since the Rotary Club of Edmond held a regular meeting? It should. The last time our Club met at noon on a Wednesday was in November! 

       The issue of producing computer data and e-mails is relatively new. If you are being sued or have reason to believe you will be sued, it is imperative that you involve your attorney in any decision regarding retrieval and production of this information. Improper destruction of or failure to produce the information can result in sanctions against you and possibly your attorney.

  In celebration of the Christmas season, the Rotary Club of Edmond will not meet again until Wednesday, January 4, 2012. I hope your holiday is a joyous time. It was not always so in American history. A century and a half ago, our nation was in the throes of a bloody Civil War.

      The United States is one of the few industrialized nations that does not mandate paid maternity leave.  In a 2004 Harvard University study, out of 168 nations surveyed, 163 had some type of paid maternity leave.  The United States, along with countries such as Papua New Guinea and Swaziland, did not have any form of paid leave.  In contrast, new mothers in Canada receive 14 weeks of paid maternity leave.

   This week, the Rotary Club of Edmond will celebrate Christmas with its annual Christmas Jam. And don’t forget. The meeting starts early, at 11:30. If you haven’t ever been, you will want to make sure you attend. This is always an enjoyable event.

       Under proper circumstances, state law allows a creditor of your employee to try to collect a debt from your employee by “garnishing” the employee’s wages. If you receive a garnishment summons, you must respond and may be required to withhold wages from your employee and pay the funds to the employee’s creditor.

   Seventy years ago, Americans woke up one Sunday morning to the shocking news of a foreign invasion at a little known outpost called Pearl Harbor. Both before and since that time, many Americans have sacrificed much to defend our liberty. If you have the opportunity this December 7, or any other time for that matter, thank the veterans you know or see for their service to our country.

               The Oklahoma Supreme Court recently decided Hamrick v. Office of the Chief Medical Examiner.  You can find the decision at www.oscn.net. Under “Quick Case,” on the left side of the page, insert:  2011 OK 60. Hamrick involved whether an unclassifed state employee can sue the state under the Protection of Labor Act. Lawsuits filed under that act are often referred to as “Title 40 claims.”

   Over the past several years, we’ve had some excellent speakers visit the Rotary Club of Edmond. We’ve had two Governors, a United States Senator, Members of Congress, and numerous federal, state and community leaders. We’ve had a world renowned opera diva, Olympic gold medalists, business and education leaders, and media personalities.

  Americans have celebrated a Thanksgiving Day since early in the 1600s. But it was not until President Abraham Lincoln’s Thanksgiving Day Proclamation of October 3, 1863, that the holiday became a national and annual event.

       You should always be extremely cautious in communicating with an attorney through any e-mail account to which any others may or could have access. Several factors affect whether an employer can get access to employee e-mail accounts, including attorney-client communications. Courts generally look at four factors in deciding whether attorney-client communications through an employer’s computer are protected from disclosure. 

      Sexual harassment can occur in a variety of circumstances.  Unwelcome sexual advances, requests for sexual favors, or other verbal and/or physical conduct that is sexually explicit may constitute sexual harassment.  This is not an exclusive list, and any such conduct that affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment could be considered sexual harassment.

   Our special guest this week is an American hero. Major Ed Pulido had completed three separate tours of duty in Iraq. In August, 2004, Pulido was serving a one-year stint with the U. S. Army Reserve’s 75th Division to train new members of the Iraqi army. He was driving through “IED Alley,” an area of Iraq known for the numerous improvised explosive devices planted by insurgents, when his SUV hit one that exploded under him.

       When crafting a social media policy, an employer should take into consideration a number of factors. Two of those factors include: (1) anticipating claims that employees have been retaliated against in violation of the National Labor Relations Act because of statements made about their employers or working conditions in any of the social media channels available, such as Twitter, Facebook, YouTube, blogs, podcasts, and others; and (2) claims that an employer's social media policy creates a “chilling effect" on employees in the exercise their rights under the National Labor Relations Act. 

      Wednesday, November 9, is the Rotary Club of Edmond’s annual Career Shadow Day. At the beginning of the day, several Edmond area high school students will visit Edmond Rotarians at their places of business to learn about possible career choices.

      Social media law is a quickly growing area of employment law.  A number of questions are beginning to emerge, including whether an employer can prohibit its employees from posting issues and concerns the employees are facing at work on Facebook, Twitter or other social networking sites. The simple answer to the question is yes, sometimes. An employer can, under certain limited circumstances, impose some restrictions on its employees’ postings.

   Steve Manek, Director of Engineering for the City of Edmond, is our special guest today at the Rotary Club of Edmond. Steve grew up in Moore, Oklahoma. In 1992, he received his B.S. in civil engineering in 1992 from the University of Oklahoma. He is a certified Professional Engineer and is a member of the National Society of Professional Engineers and the American Public Works Association.

            First and foremost, the purpose of a business contract is to accomplish the business goals of the company.  Start with the deal.  Determine the objectives of the deal and work backwards.  Remember, the purpose of the contract is to bring certainty to the transaction and to allocate risk between the parties.  The goal is to implement the business decisions of the parties.

      Mary Fallin has lived a life of firsts. She was the first woman to serve as Lieutenant Governor of Oklahoma. She was also the first Republican to serve as Lieutenant Governor. She was the second Oklahoma woman to serve in Congress (Can you name Oklahoma’s first Congresswoman? For extra credit, when did she serve and to which political party did she belong? The answer is below), and the first Oklahoma woman to win reelection to Congress.

   I suspect everyone in Oklahoma knows the Sean Sutton story. Sean has lived his life in the public eye. It’s been a story of ups and downs. And it’s been a story of facing adversity, dealing with adversity, and overcoming adversity.

              Edmond City ordinances prohibit any person from discharging a BB gun anywhere within the Edmond City limits. The ordinance also prohibits firing an air rifle. Both prohibitions apply to persons of any age. The space in which the BB gun or air rifle is being used does not matter. Violation of the ordinance is a misdemeanor, punishable by a fine not exceeding $500.00, imprisonment not exceeding sixty days, or by both.  

   Roger Webb, a fellow member of the Rotary Club of Edmond, needs no introduction. Recently retired from his service as the 19th President of the University of Central Oklahoma, Roger guided the campus through some of its grandest changes. Just think about the Forensic Center, the Forensic Science Institute and Central Plaza, not to mention the Jazz Lab and ACM@UCO, two off-campus destinations.

              The past two weeks we have discussed the case Brown v. Entertainment Merchants Association, in which the Supreme Court found a California law prohibiting sale of “violent video games” to minors, violated the First Amendment. The decision can be found athttp://www.law.cornell.edu/supct/html/08-1448.ZS.html.

      We are in for a special occasion this week as Edmond Mayor Patrice Douglas speaks to the Rotary Club of Edmond. Notice I did not say that she will visit the Rotary Club of Edmond: Patrice is an outstanding member of our club, who was inducted into our membership six years ago this week.

             In Brown v. Entertainment Merchants Association, the Supreme Court found a California law prohibiting sale or rental of “violent video games” to minors, violated the First Amendment. The decision can be found at http://www.law.cornell.edu/supct/html/08-1448.ZS.html. 

  It’s September. It’s football season. But instead of first downs, forward passes and field goals, all everyone is talking about is conference realignment. Are you tired of that? Are you ready to talk about the game, instead? Wouldn’t you rather discuss touchdowns and extra points?

            The Supreme Court found a California law prohibiting sale or rental to minors of “violent video games” violated the First Amendment. You can find the decision athttp://www.law.cornell.edu/supct/html/08-1448.ZS.html.

      Did you know that INTEGRIS Health is Oklahoma’s largest healthcare system? Were you aware INTEGRIS has 15 hospitals across Oklahoma, including INTEGRIS Baptist Medical Center and INTEGRIS Southwest Medical Center in Oklahoma City? Did you know that INTEGRIS Health, an Oklahoma owned, not-for-profit health system, employs 9,000 statewide?

      With respect to animals, the Edmond Code of Ordinances is similar to laws in most communities. Edmond citizens may possess no more than four dogs over the age of six months. The same limitations apply to cats.

   Burns Hargis, the 18th President of Oklahoma State University, oversees one of the nation’s most comprehensive land-grant university systems. With campuses located throughout the state, OSU has more than 35,000 students and more than 7,000 employees.

      The FLSA requires employers to pay many employees one-and-one-half times their rate of compensation for time worked over 40 hours a week. However, some occupations are excluded from this requirement. As the Novartis case demonstrates, whether the FLSA requires overtime depends on job duties and salary, not the labels an employer gives a job position.

   State Representative Anastasia Pittman, who represents House District 99, is a highly active member of the Central Oklahoma community. First elected in 2006, Rep. Pittman serves on the Human Services and Revenue & Taxation Subcommittees of the Appropriations and Budget Committee. She also is a Member of the Economic Development, Tourism & Financial Services Committee and the Higher Education and Career Tech Committee. And recently, she served on the Redistricting Central Oklahoma Subcommittee.

      Recently, the U.S. Supreme Court declined to review a decision concerning outside pharmaceutical sales and the Fair Labor Standards Act (“FLSA”). The case, called In re Novartis Wage and Hour Litigation was decided by the Second Circuit Court of Appeals in 2010.

   What type of person serves as a District Governor of Rotary International? What does a District Governor do? 

      Last week, we noted at least three Oklahoma death row inmates have also been exonerated – all through DNA. Two had spent eleven years, and one had spent 19 years on death row. According to The Innocence Project, to date seventeen people, who served an average of thirteen years on death row, have been exonerated through DNA thus far. In all, nationwide, 272 people have now been freed from prison through DNA testing.

   Congressman James Lankford, the special guest this week of the Rotary Club of Edmond, was first elected serve in the United States House of Representatives on November 2, 2010. His predecessor, Mary Fallin, vacated the seat in her successful quest to become Governor. Lankford represents Oklahoma’s 5th Congressional District, which covers most of Oklahoma County, and all of Pottawatomie and Seminole Counties.

      As we discussed last week, in the Louisiana case you mention, one month before the defendant’s scheduled execution his attorneys discovered proof the perpetrators’s blood type was different from the defendant’s. New Orleans prosecutors later admitted hiding this evidence from the defendant. The defendant spent 14 years on death row for robbery and murder he did not commit. A fascinating and disturbing description of how the defendant was wrongly convicted can be found at www.supremecourt.gov/opinions/10pdf/09-571.pdf.

   You will want to make sure to be present for this week’s Rotary Club of Edmond, for we are in for a special treat. Our special guest is the The Oklahoman Sports Columnist, Berry Tramel.

      A man in Louisiana, who had spent 14 years on death row, had been wrongfully convicted of murder. The case was described in a recent United States Supreme Court decision styledConnick v. Thompson. 

  Buddy Shoe, Vice President for Enrollment Management of Mid-America Christian University, will speak to the Rotary Club of Edmond this week on the changing world of higher education. He has an extensive background in both for-profit and not-for-profit higher education and is considered an expert on online higher education. In addition to his administrative duties, Shoe has served at a number of institutions as an Adjunct Professor, and currently teaches Leadership and Quantitative Methods for Azusa Pacific University. He and Tammy have been married for 27 years, and have two adult sons

      In the first three parts of this series, we discussed that Oklahoma is the only state in which Governor approval is required for every parole. We noted some Oklahomans support removing the Governor from the parole process. We observed the inevitable delay of having the Governor review every parole recommendation results in significant cost to the state -- conservatively at least $30,000 to $60,000 per month.

  Tom Hill, Chairman of the Board of Kimray, is also Founder and President of Character First! and the Character Training Institute, Inc., a non-profit 501(c)(3) organization dedicated to providing materials and training for families, schools, businesses, and other organizations interested in building good character.

      As we have discussed the past two weeks, Oklahoma is the only state in which Governor approval is required for every parole. Many Oklahomans believe the Governor should not be involved in the parole process; others want the Governor’s role to remain the same, or be limited to considering parole only for certain offenses.

  A native of Rochester, New York, Bob Cortese grew up playing football on the sandlots and playgrounds of the city located on Lake Ontario. He attended high school at Aquinas Institute, a private all male parochial school, and lettered in football and track and was an undefeated heavy weight boxing champ. 

       As we discussed last week, Oklahoma is the only state in which Governor approval is required for every parole. Many Oklahomans believe the Governor should not be involved in the parole process; others want the Governor’s role to remain the same, or be limited to considering parole only for certain offenses.

   When was the last time you visited the Oklahoma City Zoo? Statistically speaking, it could have been last year. Did you know that, according to the Zoo’s website, attendance for the year was 982,721, which topped its previous record by almost 150,000?

     Oklahoma is the only state requiring the Governor’s approval for every parole granted. While legislators have made several proposals to change this, thus far none has been successful. One difficulty comes from the fact a constitutional amendment is required to change the law.

    Did you know that the State Legislature meets every year in regular session starting at noon on the first Monday in February? And were you aware that the Legislature must adjourn no later than at 5:00 p.m. on the last Friday in May? So says Article 5, Section 26, of the Oklahoma Constitution, as amended by state voters in 1989.

      As we discussed last week, cyberbullying has been described as “willful and repeated harm inflicted through the medium of electronic text.” In today’s world, anyone who uses electronic media may be a cyberbully victim, although studies suggest teens are the primary targets. The National Crime Prevention Council has suggested that more than half of American teens have been exposed to cyberbullying in some form.

  Last week’s meeting was amazing. If you weren’t there, you missed hearing of the many ways the Rotary Club of Edmond puts its Motto, Service Above Self, into action. In her farewell address, Past President Gail Carr translated what our Club does into numbers. I don’t remember all the statistics – she went through so many so quickly, it was hard to keep up. But here are a few.

     Regardless of whether we were the target, many of us can still name the boy (or girl) who terrorized our play grounds as we grew up. Unfortunately, today our children must still contend with the physical menacing and emotional taunting by such bullies. But in today’s electronic world, anyone who uses electronic media may also become a victim of cyberbullying. Although it has been said that the main targets of cyber abuse are teens, younger children -- and even adults -- may be exposed to this threat.

This week, the Rotary Club of Edmond holds its annual Installation of Officers meeting. According to our Club’s By-laws, the board consists of ten elected members. Listed below are the slots, along with the person filling each position.

     Before addressing the legality of “jailbreaking,” let me start by explaining it. Apple's iOS operating system for iPhones allows only the installation of software through Apple's own Appstore. All software in the Appstore has been approved for inclusion by Apple. “Jailbreaking” is a process whereby the iOS software is modified to allow installation of software from other sources. Jailbreaking can be dangerous to your phone and will definitely void your warranty with Apple, but many people accept the risk for the benefit of being able to install a wider variety of software.

     The Commissioner of Labor is one of ten Oklahoma officials elected on a statewide basis. Last year, Oklahomans elected a new Labor Commissioner. What do you know about the agency the Labor Commissioner heads, the Oklahoma Department of Labor?

    As our last two columns noted, last fall, Oklahoma voters adopted State Question 755, amending the Oklahoma Constitution. However, whether the amendment violates federal law is now being decided by the Tenth Circuit Court of Appeals.

     William C. Orr, Diplomate of the American Board of Sleep Medicine, will answer that question at the next meeting of the Rotary Club of Edmond. Dr. Orr, who was the first certified sleep professional in Oklahoma and was in the first group of American medical professionals certified in sleep medicine, was a pioneer in establishing the American Academy of Sleep Medicine.

     Remember! Remember! Remember what, you might ask? Not the Maine. Not the Alamo. Not even Pearl Harbor.

     As we mentioned last week, last fall, Oklahoma voters adopted State Question 755, which would have amended Section 1 of Article VII of the Oklahoma Constitution. Shortly after the election, a lawsuit was filed asking the federal court to block the amendment from being implemented. The federal court granted the request, and the issue is now before the Tenth Circuit Court of Appeals.

    This week, our special guest is Olympic gold medal gymnast, Bart Conner. After competing in the Montreal Olympics in 1976, Conner came from his home in Illinois to attend the University of Oklahoma, where he competed on the gymnastics team. While at OU, Conner earned 14 NCAA All-America honors and led his team to two national titles. In 1984, Conner won two Olympic gold medals, including winning the parallel bars with a perfect 10.

     Last fall, Oklahoma voters adopted State Question 755, which would have amended the Oklahoma Constitution. However, shortly after the election, a lawsuit was filed asking the court to block the amendment from being implemented. The federal court granted the request, and the issue is now on appeal to the Tenth Circuit Court of Appeals.

    In general, if your business has more than 15 employees, it is subject to certain federal and state laws. Some of these laws require the company to provide certain written policies to its employees. While many businesses shy away from formal policies, some are not optional but are required by law.

    Our special guest this week at the Rotary Club of Edmond is Hal Smith of Hal Smith Restaurant Group. Founded in 1992, Hal Smith Restaurant Group is a restaurant management company that operates 10 concepts in 7 states with over 40 locations. It employs more than 4,000 workers and the numbers continue to grow.

    You’ve heard of the FBI – the Federal Bureau of Investigation. And you’ve heard of the OSBI. But what do you really know about the Oklahoma State Bureau of Investigation?

     On April 18, 2011, Governor Mary Fallin signed into law Senate Bill 406, authored by Senator Josh Brecheen of Coalgate, and Representative Dustin Roberts of Durant. The law adds significant new restrictions on funeral protests.

     Can you identify Rotary International’s five avenues of service? Longer term Rotarians: Did you even know there are five avenues of service?

    There are, though, until recently, Rotary recognized only four avenues of service. The five avenues of service are: Club Service, Vocational Service, Community Service, International Service, and New Generations.

     Two years ago, under Past-President Mitzi Hancuff’s leadership, the Rotary Club of Edmond purchased a ShelterBox – a container sent to a disaster zone that provides a tent, a stove, a water purification kit, blankets, tools, and other necessities to help a family of 10 survive for six months – which was deployed in Pandang, Sumatra. Last year, in response to the earthquake in Haiti, the Rotary Club of Edmond purchased three additional ShelterBoxes.

    Our special guest this week at the Rotary Club of Edmond is Oklahoma’s 12th Insurance Commissioner, John Doak. He graduated from the University of Oklahoma with a B.A. in political science. After spending six years with his own branch for the Farmers Insurance Agency in Tulsa, Doak worked in the executive level of the insurance industry at firms such as Marsh, Aon Risk Services, HNI Risk Services, and finally at Ascension Insurance, where he served as senior vice president of acquisitions.

     In last week’s column we provided background for answering your question, which refers to Snyder v. Phelps, decided March 2011. In Snyder, the Westboro Baptist Church picketed near the funeral of a military service member. The deceased’s father won a judgment against the church, but the Supreme Court overturned the jury’s verdict.

      Snyder v. Phelps was decided by the United State Supreme Court in March 2011. In that case, the father of a deceased military service member sued the Westboro Baptist Church, located in Kansas, based on its picketing in Maryland, near the site of the service member’s funeral. The deceased’s father sued for intentional infliction of emotional distress, invasion of privacy, and conspiracy. The Supreme Court overturned the jury’s verdict in favor of the father.

     The other day while surfing the internet, I happened upon the attached article, and thought you might be interested to see that our friends in Brazil are still talking about the huge difference the Rotary Club of Edmond made in Fortaleza.

     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.

     Rotarians learn quickly about becoming a Paul Harris Fellow. According to the Rotary International website (www.rotary.org), “donors of $1,000 or more to the Annual Programs Fund, PolioPlus, or the Humanitarian Grants Program, or people who have that amount contributed in their name, can be recognized as Paul Harris Fellows.”

    Our special guest this week is Janet Yowell, the Executive Director of the Edmond Economic Development Authority. If you are in business in the Edmond area, you know how important the work of the EEDA is to our community. If you want to know more about the EEDA, visit its website – www.eeda.com. Janet is responsible for planning, developing, and implementing the various programs of the EEDA. 

     Our special guest speaker this week needs no introduction. Ray Vaughn graduated from Edmond High School, received his B.A. from Oklahoma Christian College and his J.D. from Oklahoma City University School of Law. He was an Edmond Associate Municipal Judge, served Edmond in the State House of Representatives for 16 years, and, since January 2, 2007, has been Oklahoma County Commissioner for District 3. Commissioner Vaughn and his wife, Suzanne, have been married for 39 years, and have three children and seven grandchildren.

      It has been said that “those who fail to plan … plan to fail.” Even if your estate is small, failure to plan can result in distribution of your assets in ways you never dreamed, and be very stressful for family members left behind to wrestle with your estate. Should you have children, it can also make it difficult for your loved ones, in deciding who you would want to care for them.

    You won’t want to miss our meeting this week. We are in for a special treat, as our speaker is our fellow Edmond Rotarian, Randel Shadid. Randel, who has been a member of our Rotary Club since July 1, 1994, puts into practice the Rotary International motto of Service Above Self. To say he is an active member of the community would grossly understate the case. He has been involved in Edmond city government for a long time, and served as Mayor of Edmond for many years. He is the founding member of the Edmond Visual Arts Commission and has led the charge for Edmond’s widely acclaimed Art in Public Places Program. He is also an active member of his church.

     Last week we discussed the significant legal hurdles that have existed in using a trust, will, or other gift to leave money for the care of a pet. As we said, courts have often refused to enforce pet owners’ attempts to protect their pets in this manner. The problem arises because animals are “property” under the law, thus incapable of owning or holding title to money or property. As such, an animal can not be a beneficiary under a will or trust, or receive a gift of money.

    What do you know about the Office of Lieutenant Governor in the State of Oklahoma? Did you know that the Lieutenant Governor serves in place of the Governor when the chief executive officer leaves the state, becomes incapacitated or resigns? Did you know that the Lieutenant Governor serves as the President of the Oklahoma Senate? Did you know that the Lieutenant Governor presides over, serves on or appoints a designee to several state boards and commissions, including the State Board of Equalization, the Oklahoma Tourism and Recreation Commission, the Oklahoma Archives and Records Commission, and the Commissioners of the Land Office?

     Common sense suggests it should be easy enough to find a way to provide for a pet’s continuing care upon its owner’s death or disability. But until fairly recently, courts have often refused to enforce most pet owners’ attempts to protect their pets in this manner.

     Have you thought about becoming a Paul Harris Fellow? If so, here is a golden opportunity. This Wednesday, February 23, for one day only, you can become a Paul Harris Fellow for half the usual price. According to a Rotary International/Rotary Foundation release, in celebration of Rotary’s birthday, if a “donor is not already a Paul Harris Fellow and contributes $500 online on 23 February to the Annual Programs Fund … the donor will receive a Recognition Amount of 1,000 for their [sic] $500 contribution, which would make the donor a Paul Harris Fellow.” Those who are Paul Harris Fellows may contribute similarly and become a “PHF+1” or above.

     The tension between use of smartphones during off hours and overtime is a clear example of technology outpacing the law. However, lawsuits regarding overtime and smartphone technology are beginning to appear in the court system. In August 2010, a group of AT&T Services, Inc., employees sued their employer claiming they should be paid for being on call to handle IT service calls. In 2008, AT&T Mobility was sued in federal court for back pay and unpaid overtime which resulted from responding to e-mails during non-business hours.

    Last week’s email asked whether the Rotary Club of Edmond measures up to the standard set by RI’s 1930-31 President, Almon Roth, that we are known by our works. Here are several additional ways the Rotary Club of Edmond puts Rotary ideals into action.

     Congress has said the purpose of the Family Medical Leave Act (“FMLA”) is to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. Congress has stated that the FMLA seeks to accomplish this purpose in a manner that also accommodates the legitimate interests of employers.

“Our success or failure will not depend upon the machinery of Rotary or its physical growth, but upon the extent to which Rotary’s ideals or objectives are translated into positive, tangible results in personal, business, community, and international life. We shall be known by our works.” So wrote Almon E. Roth, Rotary International president over 80 years ago.

    I don’t know if you noticed, but this month we celebrated the 100th anniversary of the first edition of The Rotarian, Rotary’s magazine. You can actually view online a copy of Volume 1, Number 1, of what was then called The National Rotarian.

    According to its website, the Fine Arts Institute of Edmond is our city’s “non-profit community arts organization offering educational enrichment to youth and adults in the visual and performing arts.” Centrally located in an 8,000 square foot building in downtown Edmond, the Fine Arts Institute sponsors classes in drawing, painting, clay, pottery, theatre arts, mixed media, printmaking, jewelry design, stained glass, seasonal art, and more.

    What does a plastic surgeon do? According to our fellow Edmond Rotarian, Jayesh Panchal, a plastic surgeon helps people gain their self-confidence and their self image, so they can live life in a normal, happier way. This statement well defines the passion Dr. Panchal has for his patients and his profession. One thing about Jayesh you may not have known, though, is that, in addition to helping his adult patients, he also devotes a significant portion of his practice to small children, to correcting birth defects or complications from rare diseases.

    Andrew Speno, the main news anchor for Oklahoma City’s Fox 25 Primetime News at Nine, reports virtually every day, focusing on investigative and political reporting. In his position since 2001, his work has won 12 awards from the Associated Press, Society for Professional Journalists, and The Oklahoma Association of Broadcasters. He was also named on Oklahoma City's “40 Under 40” list as one of the most influential people younger than 40.

     Two weeks ago we discussed what governmental entities must comply with the Act, and the types of records open to the public. Last week we addressed how to request records. This week, we address what a public body may charge to provide records, and your rights if the public body does not comply with the Act.

     This week we address how to request records from a public body. The Act does not specify a procedure for requesting records, but authorizes public bodies to establish reasonable procedures which protect the integrity and organization of its records and prevent excessive disruption of its essential functions.

     The “Oklahoma Open Records Act” gives members of the public the right to inspect most public records of public bodies. The Act is codified at 51 O.S. Sections 24A.1 and following. You can locate the Act by going to The Oklahoma Supreme Court Network at www.oscn.net. When you get to the site, click on “Legal Research,” then “Oklahoma Statutes Citationized.” Click on “Title 51,” then scroll down to the Oklahoma Open Records Act.

     The wind does indeed come sweeping down the plains more often than not in Oklahoma, and energy companies seeking green, renewable alternatives to traditional energy sources have taken notice. Wind is a renewable natural resource in plentiful supply in western Oklahoma. Wind energy is becoming a good supplemental energy source for utility companies engaged in generating electricity especially as environmental concerns over coal and other traditional energy have grown.

     Ebenezer Scrooge and Service Above Self? That may seem like an odd combination. The very name – Scrooge – has become eponymous with being miserly. But, at this time of year, let’s not forget the end of A Christmas Carol, the wonderful short novel by Charles Dickens.

     Instead of our regular meeting, Edmond Rotarians will be ringing bells for the Salvation Army. If you’ve never done this before, you are in for a treat. The Salvation Army, the bell ringers and the red kettles, have come to be a regular part of an American Christmas. But the Salvation Army is so much more than just that.

    Most people I talk with are aware that Edmond has its own municipal court, with its own municipal judge. But many are unaware of the difference between a municipal court and a district court. And others don’t know how widely respected Edmond’s municipal court is.

    He is president and CEO of Saxum Public Relations, one of the region’s largest independent public relations firms. Known for his political intelligence and public relations insight, he has been published in several books and his opinion editorials have appeared in The New York Times, Indianapolis Star and The Oklahoman.

     You’ve heard of them. But what do you know about Rotary Ambassadorial Scholarships?

     Both Oklahoma law and federal law include statutes permitting private citizens to record telephone conversations if the private citizen is a party to the conversation. The statutes also authorize recordings if the citizen is not a party to the conversation, if one of the parties has given prior consent to record it.

    “Vote early and vote often.” That’s what I heard this politician, known for his quick wit, urge his supporters to do in an early morning national television interview on Election Day, 1976. I didn’t know him at the time, but several months later, as I prepared to enter my first year of law school, he became my boss. Any guesses who it was? The answer is at the bottom.

     The short answer, “very possibly,” often surprises our clients, whether they are employers or employees.

     Once again, it's time for our annual Career Shadow Day. Wednesday morning, several Edmond Rotarians will have high school students “shadow” them at their business. The students will then come with their hosts to our lunch meeting.

     We ended the discussion last week with the question whether an employee’s consent may limit the information an employer may provide. Oklahoma courts have not addressed this issue. However, the Oklahoma Court of Appeals has ruled an employer is not required to provide any information, at all. The Court found the Oklahoma statute addressed here applies to an employer who decides to provide performance information to a prospective employer, but Oklahoma law does not impose a duty to provide information. Since immunity applies only if the employer is acting in good faith, if consent is limited, the wisest course may be to say nothing at all.

      Scott Pruitt, the special guest speaker of the Rotary Club of Edmond this week, is a multifaceted person. He has practiced law, served as a State Senator, run a professional baseball club, and been heavily involved in his community.

     Assume an employee of your company recently resigned after other employees complained he was engaging in inappropriate sexual behavior toward women in the office. He then applied for a job elsewhere and you are contacted for a reference. Is it legal for you to tell his prospective new employer about this allegation?

      Ah, the time is here. We have finally reached the pre-election season of the great sign wars. No matter your candidate, you no doubt long to declare once and for all the loyalty that can only be expressed through a front yard placard. Or, perhaps, you yearn to see the mounds of political signs along every public roadway suddenly burst into flames. So, what is allowed?

    It’s located right here, in the central part of Edmond. But what do you know about the University of Central Oklahoma? Did you know it is the oldest institution of higher learning in Oklahoma? Did you know it is the third largest university in Oklahoma, with almost 16,000 students? Did you know it offers 112 academic majors? Did you know UCO ranks number one in resident satisfaction among 79 peer universities in a recent survey conducted by the Association of College and University Housing Officers International?

    Did you know Oklahoma City has had 35 mayors, but only four have been elected to a third term? Mayor Mick Cornett, who first took office on March 2, 2004, will be the special guest speaker this week at the Rotary Club of Edmond.

     Mike Turpen, the special guest of the Rotary Club of Edmond this week, has done it all. He was the Muskogee Police Legal Advisory, Muskogee County Assistant District Attorney, Muskogee County District Attorney, and, in 1982, was elected Attorney General of the State of Oklahoma.

     Cyberbullying is an emerging area of the law that continues to develop and, for that reason, there is not a simple answer to your question.  While bullying has been a problem in schools for a very long time, cyberbullying has developed in recent years with the rapid expansion of technology.  

     The term sexual harassment encompasses a multitude of actions. If you have a question about a specific behavior or incident, you should consult with an attorney. Following are some general comments which may be helpful.

    What do Jennifer Berry, Lauren Nelson, and our special guest this week, Emoly West, have in common? All were named Miss Oklahoma during the first decade of the 21st century. The first two went on to be crowned Miss America. Will it happen a third time?

       This week, the Rotary Club of Edmond hosts the District Governor of Rotary District 5750, Forrest “Butch” Freeman. Butch is well-known to most members of our Club, if not for his long-time service to Rotary International in our area, then certainly because of his other position as Oklahoma County Treasurer, an elective office he has held since 1993.

     When considering filing bankruptcy, the first question a client usually asks is what property and belongings he or she will be allowed to keep.

     Our special guest this week, Jim Priest, is known throughout the community as an excellent lawyer and a man with a passion for family issues. Jim came to Oklahoma over 30 years ago after completing his legal education, and currently practices with the Whitten Burrage law firm in Oklahoma City.

     Say you have a small business, and periodically send your customers a newsletter. Should the newsletter be copyrighted?

      Tom Coburn, M.D., our special guest at the Rotary Club of Edmond on September 1, is a man of many talents. In his varied career, Dr. Coburn has run the family business, practiced medicine, served as a Member of the United States House of Representatives, and been a United States Senator.

     Ok, this didn’t come from me. You can’t tell anyone. And, if you do tell someone, make him keep it quiet. Yes. You can be liable to another person for making untrue statements about her. The law calls this “defamation.”

      Steve Burrage became Oklahoma’s State Auditor and Inspector on July 10, 2008, when Governor Brad Henry appointed him to fill the recently vacated position. Burrage had a tough job ahead of him. His predecessor had just resigned, having been convicted of public corruption. Trust in the office was at an all time low.

       Under the recently passed Patient Protection and Affordable Care Act, employers with more than 50 employees are required to provide new breastfeeding mothers with certain accommodations. (29 U.S.C. § 207(r)(1)-(4) ). If your employer has less than 50 employees, the employer may not be required to provide the accommodation if it would pose an “undue hardship” on the employer. An “undue hardship” is anything that causes the employer significant difficulty or expense in comparison to the size, financial resources and nature of the business.

      State Treasurer Scott Meacham, a fifth generation Oklahoman, graduated from Chickasha High School and the University of Oklahoma. He earned a bachelor’s degree in finance, a Masters of Business Administration and a Juris Doctor degree.

     In general, the Fair Labor Standards Act requires overtime for employees who work more than 40 hours per week. The extra hours must be compensated at an overtime rate of at least time and a half. Thus, an hourly working earning ten dollars an hour would earn fifteen dollars an hour for overtime.

     A court may order mediation, a client may suggest it to his or her attorney, or an attorney may suggest mediation to save a client time and money.

     A mediator is a neutral party who assists people in resolving disputes between them. The mediator does not decide who is right or wrong, or how the dispute should be resolved, but helps the parties decide how to settle it.

     Four years ago, the Rotary Club of Edmond began investigating whether it could initiate its own international project with a sister club in another country. Over a period of time, we focused in on Fortaleza, Brazil, and formed a partnership with the Rotary Club de Fortaleza Planalto in District 4490. Together, the two clubs and their Rotary districts raised $29,944, purchased a multi-passenger vehicle, and donated it to Associação Peter Pan, which is using it to transport indigent juvenile cancer patients and their families for their treatments.

      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.