tapa timestapa times
TRANSCRIPT
TABLE OF CONTENTS
1 President’s Message
2 Calendar
3 TAPA Committees & Chairpersons
4 Board of Directors & Members /
Publication Guidelines
5 Notice of Elections
6 Honors and Awards
7 Recap: 37th Annual NALA
Convention
9 LEAP
11 TAPA Fall Seminar
18 Sustaining Members
TAPA TIMESTAPA TIMES
NO LEGAL ADVICE
Nothing contained in this document or on this website should be construed as legal advice. State law
prohibits paralegals or legal assistants from offering legal advice. Should you require legal assistance,
please contact the State Bar of Oklahoma at www.okbar.org.
A Message from the President Dear TAPA members:
This month I promised to report on my experience at the 2012
NALA Convention in Omaha, Nebraska but unfortunately work
demands inhibited my ability to attend the Convention. So I
decided this would be a good time to write about work and the
flexibility we all must have to stay focused and remain employed.
According to Webster's dictionary, “flexible” is defined as:
“characterized by a ready capability to adapt to new, different, or
changing requirements”.
There have been many books and articles written about "change".
I know that I have read a few myself, as I experienced different
changes in my career that were beyond my control. I think the most
important thing to remember about change is not what it does to you
but rather how you react to it.
I ran across a very small book with a very big message that I
would like to share with you. The message is Don Miguel Ruiz's
Code for Life and consists of the following four rules:
RULE 1 Be impeccable with your word - Speak with integrity. Say only what you mean. Avoid using the word to speak against yourself or to gossip about others. Use the power of your word in the direction of truth and love.
RULE 2 Don’t take anything personally - Nothing others do is because of you. What others say and do is a projection of their own reality, their own dream. When you are immune to the opinions and actions of others, you won’t be the victim of needless suffering.
RULE 3 Don’t make assumptions - Find the courage to ask questions and to express what you really want. Communicate with others as clearly as you can to avoid misunderstandings, sadness and drama. With just this one agreement, you can completely transform your life.
(Continued on page 2)
Volume 16 September 2012 TULSA AREATULSA AREA
PARALEGAL ASSOCIATIONPARALEGAL ASSOCIATION
Peggy Landrum, ACP
TAPA MEMBERSHIP
Active Membership is open to those employed as paralegals, legal assistants, paralegal educators and attorneys. ($55.00 year)
Associate Membership is open to students currently enrolled in a paralegal program. Only active members may vote and hold an office in TAPA. However, Associate Members can participate in any committee. ($25.00 year)
Sustaining Membership is available to non-paralegals that perform services, provide products, or are in some other way related to the legal profession. Sustaining Members may not vote and hold office ($100.00 year)
Volume 16 September 2012 Page 2
CALENDAR OF EVENTS
Oct. 19 Deadline for registration for TAPA’s Fall Seminar
Oct. 23 5:30-9:00p—Fall Seminar at Hibachi Grill (72nd Memorial)
Nov. 14 Membership Meeting (Oneok Cafeteria, Room 1) - Ethics Panel: NALA Code of Ethics and Professional Responsibility (1.0 hours of Ethics CLE)
RULE 4
Always do your best - Your best is going to change from moment to moment; it will be different when you are healthy as opposed to sick. Under any circumstance, simply do your best, and you will avoid self-judgment, self-abuse and regret.
As we approach the conclusion of another year, TAPA has the following events to offer you:
In October TAPA will hold a 3 hr. CLE seminar in lieu of the regular monthly meeting; in November
TAPA members will be voting for TAPA officers for 2013 so this is an important meeting that you
will not want to miss; additionally the November and December regular TAPA member meetings
will address "ethics" to give TAPA members an opportunity to earn 2 hrs. of FREE Ethics CLE.
I wish you each a very good year-end and ask that you make an extra effort to attend one of
the remaining 2012 TAPA regular membership meetings. Thank you for giving me the opportunity
to be your 2012 TAPA president.
Best regards,
Under the auspices of NALA, TAPA members are required to adhere to NALA’s Code of Ethics and Professional Responsibilities. NALA strives to align its values with those of the American Bar Association and hold disciplinary authority over members breaching these regulations.
BOARD OF DIRECTOR MEETINGS
All TAPA members are welcome and encouraged to
attend board meetings.
The next meeting is
N ovember 2, 2012 (6p to 7p) University of Tulsa—Collins Hall
Park in Westby lot behind the building
The following list names each committee and the chairperson:
Volume 16 September 2012 Page 3
Associations Liaison
(TCBA & OBA) Stevie Mark, ACP
Hall Estill
594-0536 (work)
Barbara Lane, CP
Jones, Gotcher & Bogan
581-8268 (work)
Bylaws & Standing Rules Richard Wilde
CLA/CP Study Group Andrea Grabow, CP
Atkinson, Haskins, Nellis,
Brittingham, Gladd & Carwile
732-4214 (work)
Credentials Richard Wilde
Education/Programs
Terri Cooper
Tulsa Health Department
595-4421 (work)
899-7428 (cell)
David Loftin
687-4900 (work)
Ethics
Richard Wilde
Finance
Leila Safavi
Stuart, Biolchini & Turner
582-3311 (work)
Historian
Barbara Lane, CP
Jones, Gotcher & Bogan
581-8268 (work)
Job Bank
Mona Jenkins, ACP
New Gulf Energy, LLC
727-3020 (work)
Publications
Reagan DeWitt-Henderson,
ACP
The Law Office of McLaine
DeWitt Herndon, P.L.L.C.
585-3337 (work)
Publicity/Public Relations
David Loftin
687-4900 (work)
Scholarships
Judy C. Hesley, CP
Wilkerson, Wassall & Warman
582-4440 (work)
Stevie Mark, ACP
Hall Estill
594-0536 (work)
Student Liaison
Lorena Shingleton, ACP
(304) 561-5591 (cell)
TAPA Website/Facebook
Andrea Grabow, CP
Atkinson, Haskins, Nellis,
Brittingham, Gladd & Carwile
732-4214 (work)
Welcome Table Barbara Blackburn, ACP
381-1776 (cell)
VISIT TAPA’S
WEBSITE
www.tulsaparalegals.org
TAPA is an
affiliate of National
Association of Legal
Assistants
TAPA PULICATION SUBMISSION GUIDELINES
Classified Advertising: $100 1/2 page 6 issues & 1 year sustaining membership
$50 1/4 page 6 issues
$25 Business card size 6 issues
TAPA’s Personals: TAPA’s Personal submissions may include personal, work related
and award announcements, pictures, etc. and is free to TAPA members.
PRESIDENT PEGGY LANDRUM, ACP
VICE PRESIDENT (MEMBERSHIP) MONA JENKINS, ACP
SECRETARY ANGELA HARRIS, CP
TREASURER LEILA SAFAVI
PARLIAMENTARIAN JUNE BROWN, CP
NALA LIAISON TRACY MOSZ, CP
ASSOCIATIONS LIAISON (TCBA & OBA) STEVIE MARK, ACP
BARBARA LANE, CP
BYLAWS/STANDING RULES RICHARD WILDE, CP
CLA STUDY GROUP ANDREA GRABOW, CP
CREDENTIALS RICHARD WILDE, CP
EDUCATION / PROGRAMS TERRI COOPER, CP
DAVID LOFTIN
ETHICS RICHARD WILDE, CP
FINANCE LEILA SAFAVI
HISTORIAN BARBARA LANE, CP
JOB BANK MONA JENKINS, ACP
PUBLICATIONS REAGAN DEWITT-HENDERSON, ACP
PUBLICITY / PUBLIC RELATIONS DAVID LOFTIN
SCHOLARSHIPS JUDY HESLEY, CP
STEVIE MARK, ACP
STUDENT LIAISON LORENA SHINGLETON, ACP
TAPA WEBSITE / FACEBOOK ANDREA GRABOW, CP
WELCOME TABLE BARBARA BLACKBURN, ACP
Volume 16 September 2012 Page 4
NOTICE IS HEREBY GIVEN, that the TAPA General Election for 2013 will be held at noon on Wednesday, November 14, 2012, at ONEOK, Tulsa, Oklahoma, for the following offices:
President 1 year term
Vice President 1 year term
Secretary 1 year term
Treasurer 1 year term
NALA Liaison 1 year term
Nominations will be accepted from the floor on the day of the election and at any time prior to the election.
As of this Notice the following have been nominated. They are:
President – Peggy Landrum
Vice President – Mona Jenkins
Secretary – June Brown
Treasurer – Leila Safavi
NALA Liaison – Tracy Mosz
For additional information or to place a name into nomination, please contact Judy Hesley at [email protected]
Volume 16 September 2012 Page 5
NALA’s Past Presidents
TAPA NOTICE OF ELECTIONS
From left: Karen Greer McGee, ACP (2010-2012); Linda J. Wolfe, ACP (2009-10); Vicki J. Kunz,
ACP (2002-04); Vicki V. Voisin, ACP (1998-2000); Amy J. Hill, ACP (1996-97); Karen M. Dunn,
ACP (1992-94); Karen Sanders-West, ACP (1986-88); Kay E. Kasic, CP (1984-86)
Volume 16 September 2012 Page 6
Stephanie “Stevie” Mark, ACP was recognized as
the 2012 Paralegal of Year by the Tulsa County Bar Associa-
tion. Stevie is a 30-year paralegal and has been with Hall
Estill for 25 years. She primarily practices in the Litigation
section. She is a founding member of TAPA and was the re-
cipient of the 2006 NALA Affiliate Award for her out-
standing contribution and dedication to the Paralegal profes-
sion. Congratulations, Stevie.
Cassandra Oliver, ACP was elected as
Second Vice President for NALA at the NALA convention in Omaha, Nebraska.
Tracy Mosz was honored with the 2012 Affiliated
Associations Affiliate Award at the Affiliated Associations Awards Ceremony at the NALA Convention in Omaha, Nebraska on July 28, 2011. Peggy Landrum nominated Tracy for this award. Affiliate Awards are in recognition of stead-fast service and valuable contributions to the members’ affiliated associations.
HONORS AND AWARDS
Cassandra Oliver, ACP (TAPA member and NALA 2nd Vice President) and Ann L. Atkinson, ACP (NALA President)
Karen Greer McGee, ACP (2011-2012 NALA President), Tracy L. Mosz, ACP (TAPA member and NALA Liaison) and Debra L. Overstreet, ACP (TAPA member and 2011-2012 NALA Affiliated Associations Director)
Stevie Mark, ACP (TAPA member;
Associations Liaison (TCBA & OBA);
Scholarships
Volume 16 September 2012 Page 7
More than 300 paralegals gathered from
across the United States at the NALA
convention this year in Omaha, Nebraska.
Coincidentally, Ann Atkinson is from
Omaha and was inaugurated as NALA’s
president this year. Attendance was up
mainly due to the fact that 50 paralegals
attended from Nebraska.
This was my 5th convention. My first was the
33rd annual convention in Oklahoma City. It
was so much fun and I was hooked. This
year, I was the only TAPA board member
that was able to attend. Peggy Landrum and
Mona Jenkins had planned to attend, but
couldn’t due to work and family issues.
However, I was not the only attendee from
TAPA. Luckily for me, Cassandra Oliver,
Debbie Overstreet and Beth Nellis were also
in attendance. I was able to reconnect with
paralegals I have met at previous
conventions from Charlotte, North Carolina
and Rapid City, South Dakota. I also made
some new friends from Farmington, New
Mexico, Hilton Head Island, South Carolina,
Kalamazoo, Michigan, and Claremore,
Oklahoma. I enrolled in the e-Discovery
institute and sharpened my skills in this
area. As NALA Liaison, I also attended all of
the meetings.
At the membership forum on Wednesday, I
learned that NALA is seeking NCCA
certification for the CP/CLA exam. The
National Commission for Certifying
Agencies (NCCA) sets the standards that
must be met by organizations offering
certification programs. A bylaw amendment
was overwhelmingly adopted allowing
NALA to proceed with national
accreditation. This will advance NALA’s
future and strengthen the exam because
NALA will now have the only accredited
paralegal certification exam in the nation. At
this meeting, the 2012-13 LEAP class was
introduced. We were asked to introduce
ourselves and to identify which animal
would best describe your personality. I was
a little taken aback by this question and not
quite prepared to answer it. We were going
to the rainforest at the Omaha Zoo that
evening and so my mind immediately
gravitated to a rainforest creature and since I
know that my personality is “orange,” I
announced to the membership that I was an
orange rainforest bird?!?
What do you think – am I a tawny-capped
euphonia? It is a little bird with an orange
mohawk.
At the meeting, we also learned that NALA
now has an app for Facts & Findings. This
app can be downloaded on your iPhone,
iPad, and Android device. Search NALA on
iTunes or within the Android store.
Visit www.nala.org/FnFipad.pdf or
www.nala.org/FnFAndroid.pdf for more
information.
On Thursday, I attended the Affiliated
37th Annual NALA Convention Recap by Tracy Mosz, ACP
Associations Annual Meeting. At this
meeting, elections of the Affiliated
Associations Director and Secretary were
held. Following the election was the
Affiliates Exchange presentation Shaping the
Future: NCPA’s Mentoring Program. The
North Carolina Paralegal Association
mentoring program has 75 mentees and over
30 mentors. I believe this is a program that
TAPA should also institute. We have a great
CLA study group program and a mentoring
program for the newly certified paralegals in
our association is a natural progression.
During the roundtable discussions, I came
away with many great ideas for video
streaming our CLE monthly meetings and
how to promote TAPA through social media.
And last but not
least, I attended
Vicki Kunz and
Vicki Vois in ’s
Professional Power
P l a y b o o k
presentation. They
described how to
create your own
game plan, develop
your team, and face
your challenges to
prepare for game
day. I loved it and continue to be Vicki
Voisin’s biggest fan!!
As you can see, I come away from every
convention with more knowledge and
enthusiasm for our profession. If you would
like to help TAPA institute a mentoring
program, institute video streaming for our
monthly meetings or want to help us
promote TAPA through social media, please
contact me at [email protected] or
anyone else of the Board. I would love to
make you a part of our team.
TAPA congratulates Ashley Armstrong, CP and
Michelle Maxwell, CP who passed the National
Association of Legal Assistant’s Certification Exam in May 2012. Way to go!
Vicki Voisin
NALA Founders Award
Volume 16 September 2012 Page 8
Debra L. Overstreet, ACP (TAPA member and 2011-2012 NALA Affiliated Associations Director), Cassandra Oliver, ACP (TAPA member and NALA 2nd Vice President) and Ruth S. Conley,
ACP (NALA Regional IV Director)
Volume 16 September 2012 Page 9
As many of you may already know, I was
selected as a member of the LEAP Class of
2013. I attended a few of the 2012 Leap
class group presentations at the
convention this summer. I was recently
informed that my fellow TAPA member
and friend, Debra Overstreet, ACP will be
my group’s mentor. Debbie and another
fellow TAPA member and friend, Lorena
Shingleton, ACP, were members of the first
LEAP class in 2007.
Each LEAP class group will make a
presentation to the NALA Board of
Directors at the NALA convention in
Portland next summer. One of the
presentations will be selected by the Board
to be presented during the Annual Meeting
of the NALA Membership on July 12, 2013.
I sincerely hope that my group is selected
to present to the membership!! The
winning group this year had a safari theme
and was quite entertaining.
LEAP is based on the common-sense notion that it is better to acquaint volunteers with the concepts and challenges of association leadership before they are elected to leadership positions
rather than to rely on “orientation” sessions after elected leaders take office. Early leadership training and support will reinforce the strength and progress of the association as new leaders assume their roles prepared to take charge right away. Established in 2007, the LEAP curricula has gone through some modifications in response to member needs and suggestions. Beginning with the 2010-11 class, the curricula was restructured to be more supportive of NALA members who are also serving as leaders of their state and local affiliated organizations. With this new direction, the program better serves to support leadership development for NALA affiliated associations. The current focus is on serving state and local affiliated associations, and developing skills that support their goals and growth. Participation in LEAP will also enhance the personal leadership skills used by NALA members in business and work environments. The new curricula goals and objectives are as follows:
Developing a culture of trust among the association leaders and members leadership vision and mission.
Aligning the association’s services and programs with its mission.
Studying and understanding “7 Measures of Success of Remarkable Associations,” a recent ground-breaking study that examines what separates good from remarkable associations. We specifically address associations’ commitment to purpose, commitment to action and commitment to analysis and feedback.
NALA’s Leadership Enhancement and Preparation - LEAP By Tracy Mosz, ACP
Using leadership tools such as public speaking to deliver your association's message and lateral and parallel thinking to define association values and mission.
I have already begun some of the reading
for this LEAP program and have
participated in a few of the group
conference calls. This reading has already
provided me with many tools to be a
better leader for TAPA. The article,
“Honoring the Human Element” by Joanne
Smikle was particularly inspirational for
me. The main thing I took away from this
article is “Members matter.” I couldn’t
agree more which is why I instituted the
early membership renewal prize during
my term as President of TAPA.
Beth Nellis, another fellow TAPA member
and friend was a mentor for last year’s
LEAP class and is a mentor again this year.
As you can see, our affiliated association is
very active in NALA’s leadership and I
encourage you to get involved with us.
LEAP applications forms are available in
early spring of each year, and due by May
15 for the ensuing year. LEAP class
members are notified in June.
To qualify, LEAP participants must meet each of the following criteria:
Active NALA member
Hold a current Certified Paralegal credential
Experience volunteering in local or state paralegal associations and/or community non-profit organizations
There is no enrollment fee for volunteering for the LEAP program. However, participants will have a substantial time commitment and some incidental costs associated with attending the requisite convention meeting. NALA will reimburse participants for one nights lodging during the convention at the end of the one-year program, during which LEAP group presentations are made to the NALA Board of Directors and/or NALA membership.
Volume 16 September 2012 Page 10
Volume 16 September 2012 Page 11
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Analysis
Reinforcing its view that
courts should try to stay
mostly out of the way of
politicians drawing new
election districts, the Su-
preme Court on Tuesday —
by an apparent unanimous
vote — told lower-court
judges not to insist on close-
to-zero differences in the
population of each of a
state’s districts for choosing
members of the U.S. House
of Representatives. “Zero
variance” in population is
not the new constitutional
norm for redistricting, the
Court made clear. Just be-
cause computers can pro-
duce almost exactly equal-
sized districts, the Constitu-
tion does not require it, the
decision said.
After sitting on the case
from West Virginia all sum-
mer long, the Court pro-
duced an eight-page, un-
signed ruling that largely
deferred to the wishes of
that state’s legislature on
how to craft the three dis-
tricts for choosing its House
delegation. The opinion can
be found here. The new rul-
ing came in the case of
Tennant v. Jefferson County
Commission (docket 11-
1184). The Justices had tem-
porarily blocked the lower-
court decision at issue last
January, so the legislature’s
plan has been in use for this
year’s House of Representa-
tives in the state.
The new ruling marked the
second time in this election
year that the Court had
overturned a lower federal
court decision following the
new round of legislative re-
districting after the 2010
Census. On January 20, the
Court found that a three-
judge District Court in San
Antonio had gone too far to
substitute its own judgment
for that of the legislature in
Texas in drawing new
boundaries for elections to
Congress and to both
houses of the state legisla-
ture (Perry v. Perez, docket
11-713).
Tuesday’s ruling gave state
legislators constitutional
permission to have some
variation in size between
congressional districts, if the
lawmakers do so to protect
incumbents from having to
run against each other, to
avoid splitting up counties,
and to avoid moving many
people into a new district
from the one where they
had previously cast their
votes. In what appeared to
be a novel new declaration,
the Court stressed that
lower courts should not de-
mand that a state prove spe-
cifically how each of those
goals would be satisfied by
moving away from equally
populated districts. And, in
another legal innovation, the
Court said that a variation
that is not really very big
does not become a constitu-
tionally suspect one just be-
cause a sophisticated com-
puter program could be
used to avoid nearly all such
variations.
If the difference between a
state’s largest House district
and its smallest one is small
— such as the 0.79% devia-
tion in the West Virginia
plan — that does not be-
come unconstitutionally
Volume 16 September 2012 Page 13
large just because it could be
avoided by “technological
advances in redistricting
and mapping software.”
The three-judge District
Court in Charleston had
nullified the legislature’s
House plan, concluding that
“zero variance” is now con-
stitutionally required be-
cause it can be achieved by
today’s computer technol-
ogy. Since it is possible, it
must be the legislature’s
goal, unless it can trace
variations from it to specific
policy goals that are consti-
tutionally acceptable. It
ruled that the legislature
had before it other plans
that would have reduced
the variance closer to zero,
and that it has not justified
the failure to do so.
West Virginia, after the 2010
Census, was in the same po-
sition that virtually all states
are: a mobile population
makes enough shifts over
the span of a decade that
maps drawn earlier to gov-
ern election boundaries be-
come out of date, and old
maps fail to satisfy the con-
stitutional goal of working
toward “one person, one
vote.” West Virginia did not
gain any seats in the House
as a result of the shifts re-
corded in the 2010 Census,
so it kept the three that it
had.
The state’s legislature has
often boasted that it strives,
in new redistricting efforts,
not to make broad changes
in district boundaries, and
claims proudly that it does
not manipulate the bounda-
ries to favor one party over
the other. It also prides itself
on not shifting population
around between districts
any more than seems mini-
mally necessary. Thus, in
the new plan it approved in
2011, it shifted only one
county — Mason — into a
new district.
An “ideal” House district in
West Virginia would con-
tain 617,665 people. The
state’s largest district in the
plan, the Second, had 3197
more people than that, and
its smallest, the First, fell
short by 1674 persons. That
is what accounted for a total
variance or deviation of
0.79%. The challengers to
the plan contended that the
legislature could have done
much better; indeed, one
plan before it would have
had only one of three dis-
tricts with less than the
“equal” number, and it fell
short by one single person.
The legislature, however,
did not accept that plan, be-
cause it found that it contra-
dicted its policy goals of
protecting incumbents,
keeping counties intact, and
minimizing population
shifts between districts.
Tuesday’s decision in plain
English:
Each federal Census, con-
ducted every ten years, is
followed by actions in state
legislatures across the coun-
try to draw up new maps
that define the boundaries
of districts for electing mem-
bers of the U.S. House of
Representatives, state legis-
latures, and some other leg-
islative and elective bodies.
In the interval since the
most recent prior Census,
people tend to move around
quite a bit, and so the popu-
lation of districts may grow
or decline, often with the
result that some districts
wind up with more than
their equal share of political
power in elections, and
some would wind up with
less. When that happens,
there is a potential violation
of the constitutional rule
that the Supreme Court laid
down years ago — that is,
that each voter’s power at
the polls should be equal; in
other words, each person
eligible to vote should have
one vote that counts as
Volume 16 September 2012 Page 14
much as the vote cast by any other eligible
person. The same type of imbalance also can
occur if an entire state gains or loses popula-
tion; when that happens, it can mean that the
state will gain more seats in the House of
Representatives, or lose some that it had. The
government decides how many House seats
go to each state after a new Census, and the
resulting shifts obviously require redistricting
in those states.
Because of highly sophisticated computers,
capable of gathering data about population
down to a city block, or even to just one
apartment building, it is actually possible to
create maps that will have each district within
a state holding the same number of people —
absolute equality of representation. But the
Supreme Court has often ruled that absolute
equality sometimes can be sacrificed — at
least to a small degree — so that those draft-
ing new election districts (doing
“redistricting”) can shape districts so as to
avoid having candidates of one party running
against each other in the same district. An-
other reason that legislatures can take into
account in drawing new districts is that they
do not like to split up counties or cities and
put part of them in one district and part in
another. Again, that is allowed under the
Constitution, if the resulting differences in
population between districts is not great. And
a third reason is that some legislatures don’t
like to make people give up the districts they
were in, and find themselves in a new and
unfamiliar one.
On Tuesday, the Supreme Court said once
again that state legislatures can have some
inequality in the population of districts, if
that is done, within reason, to serve the other
goals that redistricting can be arranged to
meet. The Court said explicitly that the Con-
stitution does not guarantee absolute equality
in population of districts, even if that could
be achieved by high-tech computers. It also
cautioned judges around the country not to
go too far to second-guess how legislatures
work out the various and competing interests
that they confront in redistricting.
Lyle Denniston, Opinion recap: Hedging on
“one person, one vote”, SCOTUSBLOG (Sep. 25,
2 0 1 2 , 2 : 3 1 P M ) , h t t p : / /
www.scotusblog.com/2012/09/opinion-
recap-hedging-on-oe-person-one-vote/
Volume 16 September 2012 Page 15
Volume 16 September 2012 Page 16
Join NALA in Oregon in 2013
Volume 16 September 2012 Page 17
2012 Sustaining Members
Volume 16 September 2012 Page 18
2012 Sustaining Members
Volume 16 September 2012 Page 19
2012 Sustaining Members
Volume 16 September 2012 Page 20