Federal Public Research Articles

Wat na het project Sterycat? - De mening van deelnemende asielmedewerkers en dierenartsen over vroegcastratie bij katten

Het project Sterycat is een door de Federale Overheidsdienst Volksgezondheid, Veiligheid van de Voedselketen en Leefmilieu gefinancierd wetenschappelijk onderzoek dat, in een samenwerking tussen de Faculteit Diergeneeskunde en zeventien Vlaamse asielen, het effect van vroegcastratie op de gezondheid en het gedrag van katten heeft onderzocht. Om vroegcastratie van asielkittens efficiënt te kunnen integreren in het overheidsbeleid, is het belangrijk de opinie van het werkveld te kennen. Daarom werd op het einde van het project een enquête (16 vragen, 70 exemplaren in totaal) rondgestuurd naar de asieldierenartsen en -medewerkers van de deelnemende asielen. Vijfendertig personen vulden de enquête in (10 asieldierenartsen en 25 asielmedewerkers). De meerderheid onder hen (85%) was voorstander van de voortzetting van vroegcastratie van asielkatten na het project Sterycat. Niettegenstaande was er bij sommige respondenten toch ongerustheid over mogelijke complicaties door de ingreep (58%) en over uitbraken van virale ziekten (72%). De financiële haalbaarheid en het uitwerken van een regeling om derving van inkomsten bij niet-asieldierenartsen tegen te gaan, werden belangrijk geacht voor het succesvol toepassen van vroegcastratie bij asielkatten. Voor het efficiënt reduceren van de overpopulatie van katten zouden daarnaast ook particuliere katteneigenaars en gemeenten hun verantwoordelijkheid inzake reproductiepreventie bij katten moeten opnemen. De perceptie van de haalbaarheid van vroegcastratie en van het chippen van asielkatten was significant geassocieerd met het enthousiasme van de dierenarts, de toegenomen adoptiekansen van de kittens en met het feit dat bijgedragen werd tot het reduceren van de overpopulatie van katten in asielen. De mate waarin de voortzetting van vroegcastratie van asielkatten belangrijk werd geacht was dan weer geassocieerd met het type asiel en de verwachting van een beter rendement van het asiel. Uit de resultaten van deze enquête kan besloten worden dat de meeste deelnemende asieldierenartsen en -medewerkers het belangrijk vinden dat vroegcastratie van katten verdergezet wordt in hun asiel, mits rekening gehouden wordt met het financiële aspect van de procedure en de verantwoordelijkheid van particuliere katteneigenaars en gemeenten.

Esterilização cirúrgica feminina no Brasil, 2000 a 2006: aderência à lei de planejamento familiar e demanda frustrada¹

Brazilian Act 9263, of 1996, ended a historic omission by the Brazilian State regarding family planning policies. Among other provisions, the law legalized surgical sterilization in the public health system. In contrast, Ministry of Health ordinances No. 144, of 1997, and No. 48, of 1999, set down potentially restrictive criteria for obtaining tubal ligation in compliance with law. If non-compliance with the regulation is related to the mandatory 60-day counselling period and to the prohibition of tubal ligation until the 42nd day postpartum, some refusals by professionals involved in providing ligation result from these individuals’ personal perceptions and attitudes regarding criteria such as age and number of children, and regarding the possible implications of the sterilization for the petitioner. Explicit and implicit refusals result in frustrated demand. The same logic applies to the municipal level of health management and is reflected in the non-existence of accredited services in most municipalities with hospital capacity to offer the procedure. Employing data from the 2006 PNDS and hospitalization authorization records, this paper first examines compliance with the regulation on tubal sterilizations performed in the Federal Public Health System (SUS) between 2000-2006 as well as the number of municipalities, even with accredited hospitals in 2006 and 2013. The frustrated demand is examined on the basis of information from the PNDS (DHS) 2006 regarding failed attempts due to refusals of the service sought, failure to provide motives, and non-consent by spouses.

Economic impacts of open access in Europe and the United States

The release of the UK Joint Information Systems Committee report Economic implications of alternative scholarly publishing models (Houghton and Oppenheim et al. 2009) generated considerable interest, particularly in the methods used to explore the benefits of open access publishing models, as well as their costs. During 2009, there were a number of follow-on studies. These included national studies in The Netherlands and Denmark, and a three-country comparison, which explored the impacts of alternative scholarly publishing models on one of the larger (United Kingdom), a mid-sized (Netherlands), and one of the smaller European countries (Denmark). This year there have been three further projects. The first focuses on Germany, and brings the German National Licensing Program (NLP) into the mix of alternative scholarly communication models. The second focuses on the United Kingdom, and uses the JISC EI-ASPM model to examine the cost impacts of alternative scholarly publishing models for a sample of UK universities. The third involved further application of some of the underlying methods to exploring the cost-benefit implications of the proposed US Federal Public Research Access Act (FRPAA). This presentation will examine what the methods developed, studies conducted and debate engendered tell us about the viability and sustainability of alternative publishing models, and their potential impacts on research, research infrastructure and the communication and application of publicly funded research findings.

Economic impacts of open access in Europe and the United States

The release of the UK Joint Information Systems Committee report Economic implications of alternative scholarly publishing models (Houghton and Oppenheim et al. 2009) generated considerable interest, particularly in the methods used to explore the benefits of open access publishing models, as well as their costs. During 2009, there were a number of follow-on studies. These included national studies in The Netherlands and Denmark, and a three-country comparison, which explored the impacts of alternative scholarly publishing models on one of the larger (United Kingdom), a mid-sized (Netherlands), and one of the smaller European countries (Denmark). This year there have been three further projects. The first focuses on Germany, and brings the German National Licensing Program (NLP) into the mix of alternative scholarly communication models. The second focuses on the United Kingdom, and uses the JISC EI-ASPM model to examine the cost impacts of alternative scholarly publishing models for a sample of UK universities. The third involved further application of some of the underlying methods to exploring the cost-benefit implications of the proposed US Federal Public Research Access Act (FRPAA). This presentation will examine what the methods developed, studies conducted and debate engendered tell us about the viability and sustainability of alternative publishing models, and their potential impacts on research, research infrastructure and the communication and application of publicly funded research findings.

Certificações públicas concedidas às organizações da sociedade civil no Brasil. Entre dimensões normativas e complexidades contextuais

ABSTRACT This study analyzes the normative dimensions of certifications given by the government to civil society organizations of public interest. It also concisely explores the contextual complexities that permeate the contemporary. The certifications in discussion are those at the federal level: Civil Society Organization of Public Interest (OSCIP), Federal Public Utility (UPF), and Certification of Beneficent Organization of Social Assistance (CEBAS). An exploratory and documental research study was developed mainly drawing from the analysis of laws as well as scientific and governmental reports regarding the subject. By drawing a normative-contextual overview of the certifications, the study provides a practical-reflexive approach for scholars, practitioners and others interested in civil society organizations. Since a bill about a novel legal instrument in relations between government and non-profit organizations - the Fostering and Collaboration Term - is currently ready for approval by the Legislative under the aegis of a new regulatory framework, consequences to the current system of certifications discussed throughout this study are expected. Keywords : Civil society organizations. State. Public certifications.

Prevalência de transtornos mentais e comportamentais nas instituições públicas federais de Rondônia

Este artigo tem por objetivo avaliar a prevalência de transtornos mentais e comportamentais nas instituições públicas federais, registrados no Subsistema Integrado de Atenção à Saúde do Servidor Público Federal/SIASS de Rondônia. O estudo do tipo descritivo-exploratório transversal propôs-se analisar os prontuários das licenças no trabalho por motivos de saúde, enquadradas no grupo F, de acordo com a Classificação Internacional de Doenças CID-10. Foram estudadas vinte e três instituições públicas federais deste estado no ano de 2011. Foram concedidos 3.079 afastamentos por licença saúde, aos servidores públicos federais sendo que destes, 296 (9,6%) foram motivados por transtornos mentais e comportamentais. Observou-se diferenças na prevalência de afastamentos entre os sexos, as licenças saúde concedidas às mulheres (70,6%) foram superiores ao número concedido aos homens (29%), entretanto houve diferença nos diagnósticos entre os sexos. O uso de substâncias psicoativas foi superior entre os homens (10,3%) em relação às mulheres (1,4%), já para as mulheres prevaleceram os transtornos de humor associados aos transtornos neuróticos (11,4%) em relação aos homens (1,5%).

Predicting temporal trends in total absenteeism rates for civil service employees of a federal public health agency.

This study evaluates the predictability in temporal absences trends due to all causes (total absenteeism) among employees at a federal agency. The objective is to determine how leave trends vary within the year, and determine whether trends are predictable. Ten years of absenteeism data from an attendance system were analyzed for rates of total absence. Trends over a 10-year period followed predictable and regular patterns during a given year that correspond to major holiday periods. Temporal trends in leave among small, medium, and large facilities compared favorably with the agency as a whole. Temporal trends in total absenteeism rates for an organization can be determined using its attendance system. The ability to predict employee absenteeism rates can be extremely helpful for management in optimizing business performance and ensuring that an organization meets its mission.

Peter Shareef Arabo v. Greektown Casino, LLCCase No. 13-1636, 2014 U.S. App. LEXIS 1030; 2014 FED App. 0034N (6th Cir.) (United States Court of Appeals for the Sixth Circuit, January 15, 2014)

Gaming Law Review and EconomicsVol. 18, No. 4 CasesPeter Shareef Arabo v. Greektown Casino, LLCCase No. 13-1636, 2014 U.S. App. LEXIS 1030; 2014 FED App. 0034N (6th Cir.) (United States Court of Appeals for the Sixth Circuit, January 15, 2014)Published Online:16 May 2014https://doi.org/10.1089/glre.2014.18411AboutSectionsPDF/EPUB ToolsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail "Peter Shareef Arabo v. Greektown Casino, LLCCase No. 13-1636, 2014 U.S. App. LEXIS 1030; 2014 FED App. 0034N (6th Cir.) (United States Court of Appeals for the Sixth Circuit, January 15, 2014)." Gaming Law Review and Economics, 18(4), pp. 421–422FiguresReferencesRelatedDetailsCited byPostponing Federal Elections Due to Election EmergenciesSSRN Electronic JournalThe Federal Public Trust Doctrine of Illinois Central: The Misunderstood Legacy of Appleby v. City of New YorkSSRN Electronic Journal, Vol. 17Dehumanization 'Because of Sex': A Neutral Approach to the Rights of Sexual Minorities Under Multiaxial AnalysisSSRN Electronic JournalMake Him an Offer He Can't Refusee Mezzanatto Waivers as Lynchpin of Prosecutorial OverreachSSRN Electronic JournalJust the Facts Maaam: How Military Appellate Courts Rely on Factual Sufficiency Review to Overturn Sexual Assault Cases When Victims are 'Incapacitated'SSRN Electronic JournalJudicial Proceedings Panel - Initial ReportSSRN Electronic Journal Volume 18Issue 4May 2014 InformationCopyright 2014, Mary Ann Liebert, Inc.To cite this article:Peter Shareef Arabo v. Greektown Casino, LLCCase No. 13-1636, 2014 U.S. App. LEXIS 1030; 2014 FED App. 0034N (6th Cir.) (United States Court of Appeals for the Sixth Circuit, January 15, 2014).Gaming Law Review and Economics.May 2014.421-422.http://doi.org/10.1089/glre.2014.18411Published in Volume: 18 Issue 4: May 16, 2014PDF download

Too Hot to Handle: Federal Public Trust Doctrine as Basis for United States Responsibility for Global Warming-Induced Migration of New England Cod

Does the United States federal government have a fiduciary responsibility to protect the federally governed oceans and their resources for the citizens of the United States? Is this responsibility housed in a public trust theory where the government is the fiduciary trustee and the citizens are the trust beneficiaries? If not, where does the responsibility lie?Global warming has raised ocean temperatures such that Northwest Atlantic cod stocks are moving northward and deeper to reach cooler waters. This change is now a factor in the severely reduced groundfish populations in the United States’ New England Atlantic region. Deemed officially overfished with active overfishing, the New England Fishery Management Council recently voted to reduce cod catch rates by seventy-seven percent in the Gulf of Maine and by sixty-one percent in the Georges Bank area near Cape Cod, to become effective May 1, 2013. This paper argues, like others that have come before it, that long-overdue acceptance of a federal public trust doctrine recognizes a fiduciary responsibility in the federal government for protection of public trust assets, specifically the marine environment and its resources. However, it goes further to assert that this duty can provide the legal basis for a breach of trust claim against the federal government for failure to prevent and mitigate damages to marine resources from the ocean warming effects of greenhouse gas emissions. While the intent is to expedite and strengthen legislative and regulatory preventative action addressing the problem source, a recognized federal responsibility also provides a strong foundation for Congressional budgetary appropriations for remedies to the damaged fishers of the United States’ New England Atlantic region. This paper further suggests that a stronger, more decisive federal response to greenhouse gas emissions will instigate, in interplay with market principles, innovative formation of a permanent solution to the devastating impact of greenhouse gas emissions on our oceans and the living resources in them.

Evaluating Public-Sector Pensions: Are Federal Public Servants Overpaid?

The federal government appears to believe that pay in the federal public sector should be comparable to pay in the private sector on a total compensation basis. Two recent government reports are generally consistent with this view. To implement this principle, pensions must be valued appropriately. Fair values are the best measure of a pension plan’s worth in a transaction where employees provide their labour in exchange for compensation that includes a valuable pension. However, governments appear not to apply fair value principles, preferring instead to use cost estimates developed for the funding of pension plans or for financial reporting in accordance with public-sector accounting standards. While the differences between fair values and funding estimates were not significant in the 1980s and 1990s when interest rates were high, the differences today are exceedingly large. It is undeniably more convenient for the federal government to continue to use the numbers it has been using. But it is also wrong, for to do so is to collectively guarantee federal employees a 4.1 percent real rate of return on their retirement savings at a time when other Canadians must accept a 1 percent guarantee if they seek one or, alternatively, must bear significant investment risks in pursuit of a 4.1 percent real rate of return. These guarantees are very advantageous yet public-sector accounting standards attach no value to them and the federal government appears to ignore them when assessing the reasonableness of employee compensation. The payroll for members of the federal Public Service Pension Plan was about $20 billion in 2012, with pension contributions totaling about $4 billion. At fair market value, pension contributions would have been about $8 billion. As a consequence, the federal government underestimated the 2012 compensation of these members by $4 billion and reached a long list of erroneous conclusions about the cost of its pension plans and the compensation of its employees. How can this be? The culprits appear to be actuarial and accounting standards that are incompatible with market prices and designed for purposes other than compensation management. Actuarial and accounting standards do not explicitly advocate or endorse the use of funding or accounting numbers in compensation studies but the standards-setting bodies and the professionals involved know, or ought to know, that numbers prepared for one purpose are being used for other purposes to which they are ill-suited. In this sense, actuarial and accounting standards have become the enablers of bad financial practice even though the standard-setting bodies do not advocate or condone bad practice. Given the amounts involved something should be done about this – and done soon.

Oppression, Suppression, and Injustice: A Critical Evaluation of the Grievance Procedure in the Federal Public Service

For nearly half a century, the Government of Canada has been administering a grievance system widely-criticized for its complexity and ineffectiveness. This criticism is due, in no small part, to the government’s unique and untenable role — that of both employer and administrative decision-maker. The Public Service Labour Relations Act (PSLRA) establishes this role and effectively confers an unparalleled level of authority upon management to dispose of employee-centred grievances. Likewise, it triggers management’s obligation to attend to grievances fairly and in accordance with the principles of natural justice. However, because the grievance system derives from the private sector — a system thriving on collaboration, flexibility, and informality — the government’s obligations have somehow been misplaced over the years, at least in practice. Thus, the current system has the effect of robbing employees of workplace participation and industrial democracy, while simultaneously providing the illusion of a democratic and rights-based forum in which to resolve conflict. The paper first examines the structure, values, and goals of the private sector grievance procedure. Drawing from these values and goals, the paper then evaluates the unique role of the Government of Canada in the administration of its grievance procedure under the PSLRA. The author argues that although it is desirous to administer the procedure with a great deal flexibility and collegiality, because of the government’s dual role — as management and administrative decision-maker — it is impossible to do so. The paper then examines the government’s obligations to administer its grievance procedure in a manner congruent to the principles of natural justice and procedural fairness. In examining these principles, the paper turns to Canada’s quasi-constitutional statute, as well as the common law in order to inform the author's analysis. The author argues that because of the government’s dual role it is inherently biased and should be disqualified from taking decisions unilaterally. In the final two parts, the paper examines the “residual problems,” offering three alternatives to current model. All three alternatives offer conflict resolution through a procedurally fair process.

Merit 2.0: Implications of the 2003 Public Service Employment Act on Merit as an Organizing Principle in the Federal Public Service

This paper investigates the first ever statutory definition of merit in the 2003 Public Service Employment Act. The assertion of the paper is that although it has yet to materialize, the statutory definition has created an opportunity to water down the merit system and compromise the integrity of meritorious appointments. To provide background for the evaluation and contextualize the 2003 change a brief history of the merit system as operationalized in Canada’s Public Service and a discussion of competing conceptualizations of merit is included.

Informing U.S. Federal Public Health Preparation for Emerging Virus Pandemic Threats at Ports of Entry

Emerging infectious diseases may disseminate internationally to the DHS workforce and/or domestic U.S. population. The growth of air travel facilitates rapid movement of people over international boundaries, enabling infected persons to travel great distances while potentially infectious to others. Analysts reviewed data from multiple sources to determine disease characteristics, spatial distribution, and frequency of occurrence for MERS-CoV and H7N9 flu. Timely identification of major ports of entry for international travelers from regions of disease emergence and integration of biosurveillance analysis are essential for protecting personnel, ensuring appropriate resource allocation, and supporting public health intervention strategies.

The Centrality of Military Procurement: Explaining the Exceptionalist Character of United States Federal Public Procurement Law

This study builds upon prior work that delineates opposing tendencies of exceptionalism and congruence that measure the degree to which a body of public contracts law diverges or adheres to the norms of private contract law. This study has two objectives. First, it seeks to define more precisely, and track the incidence and locus of a phenomenon described as exceptionalism in public procurement law. Exceptionalism enhances the powers or reduces the liabilities of the government with respect to its private contracting partners. The first branch of this study also seeks to distinguish such true exceptionalism from a phenomenon of reverse exceptionalism that imposes duties on the government that private parties engaged in procurement do not share. This study concludes that true exceptionalism is strongly associated with the law governing performance of federal public procurement contracts, while reverse exceptionalism is associated characteristically with the law of federal public contract formation. The second objective of this study concerns the role of military procurement - which historically has been central to the development of the procurement law system in the United States. This feature of the United States public procurement regime distinguishes it from the national law of many other nations, and from the requirements of many transnational public procurement regimes. This study demonstrates the strong causal role played by military procurement, in the emergence of this exceptionalist tendency in the United States law governing performance of federal public procurement contracts. These findings have particular relevance for developing nations and transitional economies emerging from state socialism. Although the common practice of excluding military procurement from the field of newly established competitive procurement regimes in such nations is entirely understandable, this study suggests that this approach fosters the adoption of regime that lacks appropriate flexibility. The experience of the United States should caution other nations to consider the unrecognized costs of broadly excluding military procurement from their procurement regimes at the threshold.

Informing the Gestalt: An Ethical Framework for Allocating Scarce Federal Public Health and Medical Resources to States During Disasters

During catastrophic disasters, government leaders must decide how to efficiently and effectively allocate scarce public health and medical resources. The literature about triage decision making at the individual patient level is substantial, and the National Response Framework provides guidance about the distribution of responsibilities between federal and state governments. However, little has been written about the decision-making process of federal leaders in disaster situations when resources are not sufficient to meet the needs of several states simultaneously. We offer an ethical framework and logic model for decision making in such circumstances. We adapted medical triage and the federalism principle to the decision-making process for allocating scarce federal public health and medical resources. We believe that the logic model provides a values-based framework that can inform the gestalt during the iterative decision process used by federal leaders as they allocate scarce resources to states during catastrophic disasters.

Modelo del equilibrio imperfecto de la comunicación

La Administración Pública Federal en México tiene entre sus objetivos caracterizar su gestión como resultado de una cultura del servicio público empática con el ciudadano y con los propios empleados federales. De acuerdo con lo anterior, la comunicación organizacional, desde la perspectiva del racionalismo prospectivo, ha establecido bases de conectividad e información en las instituciones públicas que son importantes pero insuficientes en su aspiración transformadora. En este texto se propone un modelo de comunicación organizacional que considera la reflexividad, las habilidades emocionales y raciona- les de los sujetos, su impredictibilidad y la del entorno. Asimismo, se privilegia la comunicación interpersonal para estimular una dinámica que detone cambios en las concepciones y prácticas que definen tradicionalmente las relaciones de atención a la ciudadanía y entre compañeros de trabajo. El modelo que aquí se describe fomenta una cultura óptima del servicio público que promueva el bienestar y la dignidad de la persona en los ambientes laborales.

Reasons attributed by professionals of an Intensive Care Unit for the absence at work

This is an exploratory, descriptive study, with a qualitative approach, which aimed to identify the reasons attributed by nursing professionals for the absences at work; and to describe the alternatives proposed for the reduction of the absences in a teaching hospital. It was carried out in a Federal Public Hospital with 29 professionals from the Intensive Care Unit, the unit with the greater number of absences at work in 2008. Data were collected through focus groups and submitted to thematic content analysis. It was evidenced, as reasons for the occurrence of absenteeism, the influence of the physical environment, management and interpersonal skills. It was highlighted, as alternatives for the reduction of absences at work, the participatory management, team work, service organization and therapeutic support. It was concluded that the absenteeism involves subjective issues with multiple dimensions, which cannot be clarified only through quantitative perspective.

CMS-Spread-Ladder-Swaps in öffentlichen Unternehmen und Kommunen – Verlustreiche Spekulationen gegen die Kapitalmarkterwartung

Journal for Pu blic and Nonprofit Services is a multidisciplinary scientific journal. It provides information, discussions and documentations, and is furthermore the organ of the Federal Public Services - German Section of CEEP e. V.

„Und wie fanden Sie es heute Abend?“ Eine empirische Analyse des Zuschauerurteils im Sprechtheater

Journal for Pu blic and Nonprofit Services is a multidisciplinary scientific journal. It provides information, discussions and documentations, and is furthermore the organ of the Federal Public Services - German Section of CEEP e. V.

Draft Atmospheric Trust Litigation Amicus Brief

The following is the original draft of an amicus brief submitted to the United States Court of Appeals, District of Columbia Circuit. The brief, submitted by thirty-three professors of environmental and constitutional law, was written in support of the Plaintiffs/Appellants in the case of Alec L., et al. v.Gina McCarthy, et al. (No. 13-5192). The Plaintiff minors, acting through guardians ad litem and in conjunction with environmental non-profits Earth Island Institute and WildEarth Guardians, brought the case as beneficiaries of a constitutionally mandated, federal Public Trust Doctrine. Plaintiffs note the existence of an atmospheric emergency, caused by greenhouse gas emissions, that threatens this nation’s atmospheric resource and other public natural resources. They assert that, because of the urgent need for action, and consistent with its fiduciary obligations under the constitutional Public Trust Doctrine, the federal government must be required to protect the nation’s atmospheric resource by developing and implementing a comprehensive climate recovery plan. This brief explains the theoretical and jurisprudential connections between the Public Trust Doctrine (PTD) and the equally ancient Reserved Powers Doctrine. It explains how both doctrines reflect fundamental constitutional principles, focusing particularly on the doctrines’ foundations in the Preamble, Article I’s vesting clause, the anti-nobility clauses, the Equal Protection clause, and Fifth Amendment substantive due process. It explains, further, why the atmosphere must be treated as a public trust resource and why the Public Trust Doctrine imposes an affirmative preservation duty upon the federal government under present circumstances. Because of the number and complexity of the constitutional issues involved in this case, the original draft of the amicus brief exceeded the word and page limits prescribed by court rules. Accordingly, Amici are submitting a condensed version of this brief to the D.C. Court of Appeals. However, because Amici believe that the relevant theoretical, historical and constitutional arguments cannot be fairly and fully conveyed in that condensed format, and because court personnel, lawyers, legal scholars and other interested individuals might benefit from a more complete exposition of the issues, we have made this complete draft of the original arguments available through the Social Science Research Network.