ORD 70-08 CREATION OF CIVIL SERVICE COMMISSIONORDINANCE NO. 70-8
A.:Y O,~IDINANCE of the City of Winslow, Washington
creating a Civil Service Con~nission for the
police department, prescribing its rights,
pox~,,ers and duties and prescribing penalties
for violation of this ordinance.
:~ection i. There is hereby created for the City of
~.jiuslow, a Civil service conmffssion for the police department
x~,'hich shall be composed of three members from ~I;ffthin the City.
Tha members of such commission shall be appointed by the
2,:~7,~--0r ~,:hos.:~ .ap'ooj. nt,:'nents shall be subject 'to the approval of a
· ~.n,-==: ~.~,no council. The members of such commission shall
se~ve without compensation. No person shall be appointed a member of
such comm..ission ~,;ho is not a citizen of the United States, a resident
of such city for at least one year immediately preceding such appoint-
ne:~t, ,qnd an aiector of the county wherein he resides. The term of
of~'=ice of such con~nissioners shall be for six years. except that the
f~:st 3 members of such commission shall be appointed for different
te'cms, ~-q..s fo!!o~..Ts: ,.One to serve for a period of two years, one to
sevve for a period of four years and 1 to serve for a period of
6 years. ,,-~y member of such commission may be removed from office
fe:i7 incornpetency, incompatibility or dereliction of duty or malfeasance
in office, or other good cause: PROVIDED, HOWEVER, That no member of
the. co~mission shall be removed until charges have been preferred, in
writing, due notice and a full hearing had before the Council. The
r~v.,,.!:=.ber of such commission shall devote due time and attention to the
pe'cformance of the duties hereinafter specified and imposed upon them
~' thi:.== c::aptcr. T'::,Tc., ~ner~bers of such commission shall constitute
a ~uorum and the votes of any t~.~o members of such commission can-
cu~::rin~j shall be sufficient for the decision of all matters and the
tr~..nsaction of all business to be decided or transacted by the com-
rni.ssion under or by virture of the provisions of this ordinance.
Section 2. Imraediately after appointment, the commission
shall organize by electing one of its members chairman and hold
meetings as prescirbed by their rules for the proper discharge of
their duties.
They shall appoint a secretary and chief examiner,
st'~.,:~t]_l 7..~:.eep the records for the commission, preserve all reports made
to it, superintend and keep a record of all examinations held under
its direction, and perform such other duties as the commission may
prescribe.
The secretary and chief examiner shall be members of the
co.~.~nmission. It shall be the duty of the civil service commission:
(!) To make suitable rules and regulations not inconsistent
w~ th the provisions of the ordinance. Such rules and regulations shall
provide in detail the manner in which examinations may be held, and
appoint~nents, promotions, transfers, reinstatements, demotions, sus-
pensions and discharges shall be made, and may also provide for any
other matters connected x..~ith the general subject of personnel admini-
stration, and ~.,~hich may be considered desirable to further carry out
t!I~e genen~al purposes of this ordinance, or which may be found to
be.' in the interest of good personnel administration. Such rules and
reIEu!ations may be changed from time to time. The rules and regula-
r.7 ons --n~:-!I .~.ny i~nn. endments thereof shall be printed, mimeographed or
m¥!t~_graphed for free public distribution. Such rules and regulations
~-:~=~.5~ ]~e changed from time to time:
(2) All. tests shall be practical and shall consist only
o!" sui~.iects ~zhich ~.~i].l fairly determine the capacity of persons examined
tc~ 7DerCorrn duties of the position to ~,hich appointment is to be made,
arid ma~ ....include tests of physical fitness and/or of manual skill;
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(o,) ,~i~.e rule:n and r.'-~Fu!atiorns. adopted by the
r'.hr, l] r;rov1_df~ f'or a crock-it oP ten oerccmt in favor of ~11 applicants
?or ar~oojntfnont under c~.vil service. vzho, in t~me of war, or in any
exr:;odc~.t~orn of t?~e ar?ed Forces of the Un~.ted States, have served in
r~na been }:onorab]7.,~ d~schar~ed from the armed forces of the United
°t?tc, s inciuc~in~ the army, navy, and marine coros and the American
v~ec] Cross. These credits apply to entrance examinations only:
(1~) The commission shall make investigations concerning and
report upon all matters touchin~ the enforcement and effect of the
provisions of this ordinance, and the rules and regulations prescribed
hereunder: inspect all institutions. departments, offices, places.
nosit~ons and employments affected by this ordinance, and ascertain
vzhether this ordinance and all such rules and regulations are being
obe},,od. Such investi.gations may be made b~,r the commission or by
a.n]~ commissioner designated by the commission for that ourpose. Not
only must these investigations be made by the commission as aforesaid,
but the commission Dust make like investiFation on petition of a
citizen, duly veriCied, statinE that irregularities or abuses exist,
or settSn~ forth in concise language, in writing, the necessity for
suc~n investi?ation. In the course of such investigation the commission
or desicr~3ted commissioner, or chief examiner, shall have the power
to adrninister oaths, subpoena and reauire the attendance of witnesses
and t!ne production b}~ them of books~ DaOers, documents and accounts
apt':egtaini_n~ to the investlgation and also to cause the deposition of
t.~nesses res~cifin~ within or without the stste to be ta~<en in the
r:~-:r-~er or~-.zcribed by law for li]:e de~.~os~t~'ons in c~.v~l actions in the
s~r'er-!c'.r court' and tr~e o~ths administered hereunder and the subpoenas
'~n~:'~e~l hereunder shsl] have t~e same force and effect as the oaths
r~r.~n;ffsterod b~,~ a suo~rior co~rt .~dre ~.n his judicial cnnac~ty'
~r~<~ t:):e C,~ ]]~re ur~on the ~art of an),~ person so subpoe~naed to comp]~r
l';1.~,. or.ovi~-.to~s oF this section s}ua]]. be deemed ~. vJ. olation of
(~) t;en.r~np..s and .Tnvesti~ations: }!ow conducted. All
b, en.r_I n~n and n~ nvcsti~at~.ons before the commissfi on ~ or dc~.~natcd
commins~one~ or chief examiner~ shall be ~overne~ by this ordinance and
b],x rules off oractice and oroce~ure to be adonte~ by7 the commiss~.on~ and
~n the conduct thereof ne~.ther the co~mlssion, nor designated commissioner
shn].]. be boun~ by the technical rules of evidence. T..Io infor~alitM in an~/
~rocoe~n~s or hear!n~s, or in the manner of takin~ testimony before
the commission or ~esi~nated commissioner~ shall invalidate anM order~
~ecislon~ rule or regulation made. aoDroved or confirmed b~ the commission
PPOVIDED. FOWFVFR. that' no order~ decision~ rule or re.ffulation made by
an'~ ~esi~nated commf. ssioner conductinF any hearin~ or investigation
alone shall be of any force or effect whatsoever unless and until
concurred in by at least ~~~ ~~x~~~xxxxx~x~xme~bers.
(6) To hear and determine appeals or complaints resoect~n~
the a~ministrstive work o~ the personnel department t appeals upon the
al]ocatio~ of oositions~ the rejection of an examination~ and such
other matters as ~s.y be referred to the commissiont
(7) Fstabl~sh and maintain in car~ or other suitable form
a roster of officers an~ emolo~.~ees'
(~) Prov~.de ~or~ formulate and hold comoetitive tests
to ~et, erm~e the relative ~.~alifications of oersons wine seek e~olo~,ment
'~n ~q. n3' c'~,qss or oosit~on an,'~ as a resu].t thereon estate]fish e!i.pi~].e
,'oT, t. be vnrious c]n.~:~z oF oos~tions, ~nd to nrov!de that Een lnid off
~"~:~(r'~yn,~ ot~ ct~pt:]~ ]m~nt oC ex'r~end~tures ~ rec3uction ir] ~orce ~ and fo.r
~l'-~ cr~r'~--r~.~ ~:e~:~c~ t?,,e list ]n tP:e order' of their sen;~onitL'. to
'; -: i ~::-~, ~nbr~Z[ ] ~'c:, t,~'~~, f.~ ~"zt to be reemr-,~ o~,~d -
~: ,'.:'t r-,,, ~, ~ "~"? b]n I i ~'t: f~or t~le c] ~'~ Tf' thep~ are no st~ct~ ]
I~-, '~I ~n?~ .~n ,~'~"n~r~ n.'innq] e~ ~ (~tnnGP~T"'~ Sr~r~Oit~tmC~nt '~ ~ ~.:t O~ ~t]Ch Cl"':~'.
~'tl(7:] t:~,r:::,c~pr~F:,, r, rov~:~:].ona] :ut~r~oir~tmc~nt shall not cont]nt~e Cor'a
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provisional appointment or serve more than four months as provisions. 1
appointee in any one fiscal year~
(10) Keep such records as may be necessary for the
proOer administration of this Ordinance.
Section B. The provisions of this ordinance shall
include all full paid employees of the police department of the city,
including the chief of that department. All appointments to and
promotions in said department shall be made solely on merit, efficiency
and fitness, which shall be ascertained by open competitive examination
and impartial investigation. No person shall be reinstated in or
transferred, suspended or discharged from any such place, position
or employment contrary to the provisions of this ordinance.
Section 4. For the benefit of the public service and
to prevent delay, injury, or interruption therein by reason of the
enactment of this ordinance, all persons holding a position in the
police department of any such city, including the chief thereof, when
this ordinance takes effect, who shall have served in such position for
a period of at least six months last past continuously, are hereby
declared eligible for permanent appointment under civil service to the
offices, places, positions or employments whlch they shall then hold,
respectively, vrithout examination or other act on their part, and not
on probation: and every such person is hereby automatically adopted
anf~ inducted permanently into civil service, into such office, place,
position or employment which such person then holds as completely and
eFfectual].y to all intents snd purposes as if such person had been
nermanently appointed thereto under civil service after examination
and ~nvesti~ation.
Section 5. An applicant for a position of any kind
undf~r c~vil service, must be a c~tizen of the United States of America
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who can read and write the English language. The com'~i_ssion may
prescribe residence requirements for anyone aDominted under this
ch am te r.
An aDDlicant for a Dosition of anV kind under civil
service must be of an age suitable for the Oosition aoolied for,
in ordinary good health, of good moral character and of temoerate
and industrious habits; these facts to be ascertained in such manner
as the co~ission may deem advisable.
Section 6. The tenure of everyone holdin~ an office,
olace, oosition or emOlovment under the Drovisions of this ordinance
shall be only during good behavior, and any such oerson may be
removed or discharged, susoen~ed without may, demote~, or reduced
in rank, or deorived of vacation orivileges or other soecial orivi-
loges for any of the following reasons:
(1) IncomDetencv, inefficiency or inattention to or
dereliction of duty;
(2) Dishonesty, intemmerance, i~oral conduct~ insub-
ordination, discourteous trea~ent of the oublic, or a fellow em-
ployee, or any other act of omission or commission tending to injure
the o~lic service; or any other wilful failure on the mart of the
emmlovee to properly conduct himself; or any wilful violation of
the provisions of this ordinance or the rules and regulation to be
adonted hereunder;
(3) ~en'tal or ~hvsical unfitness for the monition ~.~hich
t]~e emnlo..ee holds;
(4) Dimhonemt, d~s~raceful, immoral or rite-judicial cnn~]uct~
(5) Drunkenness or use of .i. ntoxicatinC li{~uors, narcotics,
o~- any other habit forming drun, linuid or nrenaration to such extent
t]~at the use thereof interferes w.i_th the efficienc', or mental or nhvqica
['~ tnesq of the employee, or which nrecludeg the emnlovee from oroner]v
morforminc{ the function and {~utj. es of any DOSit.iOn under civil serv]ce~
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(6) Conviction of a fol. onV, or a misdemeanor, invo].vina
moral turpi tude;
(7) ~nv other act or failure to act ~vhich in the jua.~ment
of the civil service commiss~.oners is sufficient to sho~-~ the of{ender
to be an unsuitable and unfit oerson to be emnloved in the oublic
service.
Section 7, No herson in the classified civil service
who shall have been permanently appointed or inducted into civil'
service under provisions of this ordinance, shall be removed, sus-
pended, demoted or discharqed except for cause, and only uoon x.,~ritten
accusion of the anoointin.~ ooxver, or any citizen or taxpayer; a
written statement of which accusation, in qeneral terms, shall be
served upon the accused, and a duolicate filed with the commission,
Any person so removed, suspended, demoted or discharged., may ~,j. thin
ten days from the time of his removal, suspension, demotion or dis-
charge, file with the commission a written demand for an inv,2sticatj. on ,
x~yhereuoon the com~nission shall conduct such investiqation, The in-
vestiaation shall be confined to the determination of the auestion of
whe{her such removal, susoension, demotion or discharae Bxas or was not
made for nolitical or reliqious reasons and ',.::as or x,xas not made in a. ood
faith for cause. ~fter such investiaation the commi.qsion me,, af{irm
the removal, or if it shall find that the removal, suspension or de-
motion as made for POlitiCal or reliqious reasons, or x..,as not made in
good faith for cause, shall order the immediate reinstatement o{ (or)
reemDloyment of such person in time office, place, POSitiOn or emnlo~..r~.env
from x..,hich such oerson ~,.~as removed, suspended, demoted. or discharacd,
~...,hich reinstatement shall, if the commission so mrovides in its
discretion, be retroactive, anti entitle such metson to .Day or cornDen-
sate from the time of such removal, susDensic;n, demot_~on or disc'tarae,
Tb.e commission uoon such investiaation, in lieu of affi.rmina the
removal, suspension, demotion or discbarae by directing a suspension,
wi thout r.~-~,~, for a ~tj. ven oeriod or sub.~e~uent resto~ati~n to duty or
demotion in clas~;i¢icat~on, gr~nde, or oar; the findings of the
cc~mmisqion shall be certified, in x~ritinq to the anoointin~
an<!. shall be forth~.zith enforced by such officer.
All investi~ati.ons made by the co~ission pursuant to
the provisions of this section shall be had by oublic hearing, after
reasonable notice to the accused of the time and olace of such hearinc,
at which hearing the accused shall be afforded an ooDortunitv of
Dearing in Derson and by counsel, and presenting his defense.
such judgment or order be concurred in by the commission or a majority
thereof, ~e accused may artDeal therefrom to the court of original and
unlimited jurisdiction in civil sutis of the county. Such aDoeal shall
be taken bTZ servin~ the commission, ~ithin thirty days after the entry
of such j ud~ent or order, a written notice of aooeal, stating the
grounds thereof, and demanding that a certified transcriot of the
record and of all oaDers on file in the office of the co~ission affect-
ing or relating to such jud~ent or order, be filed by the commission
with such court. The co~ission shall, xvithin ten days after the
filing of such notice, make~ certify and file such transcriot ~..~ith
such court. The court of original and unlimited jurisdiction in civil
s~its shall thereuoon oroceed to hear and~ dete~ine such anoeal in a
s~tmmarv manner: PROVIDED, }tOI'TEVER, That such hearin~ shall be confined
t~ the dete~ination of ~.~hether the judgment or order of removal,
c]~arne, clemotion or susnensinn made by the commission, ~.~as or was not
made in good faith for cause, and~ no anDeal to such court shall be
taken extent ur}on such ground or grounds.
S{~ction 8. !~lhenever a nosition in the nolice demartment
b{~,comes vacant, the aooointin~: mower, if it desires to fill the
v~'~cancv, nhall make reauisition upon the co~ission for the name
arid address of a netson elinible for annointment thereto. The
comm.i_.q.qion shall certify the name of the netson hjahest on the cliaib]_e
list ~..~]~o is ~,;illinG to acceDt employment. If more than one vacancy
is to be filled an additional n~mme shall be certified for each
additional vacancy. The a,~nointinq no~.4er shall forthwith annelot
such norsons to such vacant nosition.
Whenever requisition is to be made, or whenever a nosition
is held b~.r a temporary annointee and an eligible list for such nosi-
tion exists, the commission shall forthwith certify the name of the
person eligible for annointment to the aoDointinq no~,.zer, and said
aooointing newer shall forthwith aonoint the oerson so certified to
said oosition. No person so certified shall be laid off, ,qu.qnended,
or given leave of absence from duty, transferred or reduced to Day or
grade, except for reasons which will oremote the good of the service,
snecified in writina, and after an onoortunitv to be heard b~; the
co.remission and then only x,yith its consent and annroyal.
To enable the anDointin~- oo~rer to exercise a choice in
the fillina of POSitiOnS, no anDointment, em.n!oyment or oremotion in
any nOsitiOn in the eelice denartment shall be deemed complete until
after the exniration of a norled of three to six months' orobationarv
service, as may be nrovided in the rules of the c_~.vil service commi.ssion
during which the appointing Dower may terminate the emnlovment of the
norson certified to him, or it, if durinq the performance test thus
afforded, unon observation or consideration of the oerformance of duty
t]~e annointinq oower deemr.; him unfit or unsatisfactory for service in
the department, ,.xhereu:~on the anoointinq ~ower ~]~al]_ de.qi~nate the
netson certified at, standing next ]~hest on any such li~t and such
n,~rson shall like~..,ise enter ~non said duties until some netson i~ '{nun<?
~':l~O iS doomed ~.t fnr annointment, emnlovment or nromntion for t~e
nrohatfonarv neriod nrovi{]cd therefor, :,.~hereunon the ar}nointment, em-
olovmont or nromotion ghall he deemed to be comnlete.
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Section 9. All offices, places, Domitions °and emDlovments
coming within the ourview of this ordinance, shall be created by the
D,~avor and Council or as othen,~ise vestcd bv law with Dower and authoritv
to select, amnoint, or emmlnV any person coming ~.~ithin the nurviex.x of
this chaDter, and nothing herein conta.~.ned shall infringe unon the
po~.~,er and authority of anV such person or groun of Dersons, or anpoint-
ing Dower, to fix the salaries and compensation of all employees em-
ployed hereunder.
Section 10. No treasurer, auditor, comptroller or other
officer, or employee of the city shall approve the Daymeat of or
be in any manner concerned in maVinG, auditing, or aDDroving any
salary, wage or other compensation for services, to anv person subject
to the jurisdiction and scone of this ordinance, unless a Dayroll,
estimate or account for such salarv, wage or other comDensation, con-
taining the n~es of the metsons to be maid, the ~ount to be
paid to each such person, the services on account of ~.~hich same is
maid, and any other infomation xvhich, in the judgment of the civil
service commission, should be furn<.shed on said Dayroll, bears the
certificate of the civil service commission or of its secretary or
other duly authorized agent, that the metsons named in such Dayroll,
estimate or account have been appointed or emnloved in comm!iance
with the terms of this chanter and with the rules of the commission,
and that the said Day roll, estimate or account is, so far as kno~..~n to
the gaj. d commisr~ion, a true an~ accurate statement. The commisgion
shall refuse to certify the may of any Dublic officer or employee
x.yhom it finds to be illegally or imDroDerlv a~mointed, and may fur--
ther refuse to certify the ~a,., o{ any Dublic officer or employee ~,xho
shall wilfullv or throuch culDable negligence violate or {ajl to com-
ply ~ith this ordinance or ~,~.ith the rules of the commission.
Section 11. Leave of absence, w~.thout Day, may be Granted
by anV aDr~ointin[~ Dower to any person under civil service:
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That such appointing mower shall give notice of such leave to the
commission, ~1]. temoorarv employment caused bv leaves of absence shall
be made from the eligible list of the classified civil service,
Section 12. It shall ).De the duty of the commission to
begin and conduct all civil suits which may be necessary for the proper
enforcement of this ordinance and of the rules of the commission, The
commission shall be represented in such suits by the legal officer
the citv.
Section 13. No commissioner or any other person, shall,
by himself or in coooeration with one or more oer..qons, defeat, de-
ceive, or obstruct any person in respect of his right of examination
or registration according to the rules and regulations of this ordi-
nance, or falsely mark, grade, estimate or re.mort upon the examination
or proper standing of an~ norson examined, registered or certified.
pursuant to the provisions of this ordinance, or aid in so doinc, or
make any false representation concerning the same, or concerning. the
person examined, or furni.qh any person any soecial or secret infor-
mation for the ourpose of imoroving or injurin~ the ~rosnect.~ or ch~,nces
of any person so examined, registered or certified, or to be examined,
registered or certified or persuade any other person, or permit or
aid in any manner any other oerson to personate him, in connection
w.ith any examination or registration of aonlication or re{~uest to be
examined or registered.
section 14. ~.~o netson holdin~ any office, place, no~ition
or en~r~lovment su.~ject to civil service, is un<~er any obligation to
contri]}ute to any political fund or to redder any political servic,q
to any he'd:son or marry whatsoever, and no oerqon .~hall be rer~oved,
r~duceft in arade or salary, or other~.~ise mrejucliced for refusing so
to do. rJo nub].ic officer, x.x]~.ete~fr elect~",d or amno~.nted shall dis-
c!~arae, ~romote, demote, or .~n an,, maDDer chnnae t~.~e official
r~mnlovment or commen.qat~on of an~, ner~nn under civ.il s,;rvi_cc.~, or r~ro-
m i .qr~ r~r t]~ro. at.-.~n no to do, for ctivi. nr-r or ~.:~ tilb, o] c]i.nc~, or ne<'~l ect~i.n
to make any contribution o{ monc,.,.,, or .~ervices, or any other valua.~;l{;
thing, for any Dolitical Dur,oose.
Section ]_5. The cit,, shall make available to the commission,
~.xithin budget limits and as the citv may at its convenience decide,
suitable and convenient rooms and accomodations, offj. ce SuoDlies and
equ~mment necessar5, to carry on the business of the commission and
such clerical assistance as may be necessary.,, all of xx, hich is to'be
comensurate x¢ith the number of netsons in the city comin~ x,xithin the
murviex.~ of this ordinance.
Section 16. It shall be the dut~, of all officers and
emolovees of the city to aid in all pronet x~xavs of carr~zin~ out the
provisions of this ordinance, and such rules and regu].ations as
from time to time, be prescribed by the commissj. on thereunder and to
afford the commission, its members and employees, all reasonable
facilities and assistance to insDect all books, oamers, documents and
accounts aool,,inG or in any way aomertaininq to any and all offices,
places, oositions and emn].nvments, subject to civil service, and also
to ~roduce said books, oamers, dockeats and accounts, and attend
and testifv, ~-zhenever reGuired so to do by the commission or
comissioner.
Section 17. Any person x~xho shall x.xilfullv violate any
of the nrovisions of this ordinance shall be deemed guilty of a
misdemeanor, and uoon conv~_ction thereof, shall be Dunished by a fine
of not more than five hundred dollars and by ~_mDrisonment in the cj tx,
jail for not longer tlnan six months or bv both such fj_ne and imorison-
meat. The municipal court shall have jurj_sdiction of all such offensoq
d{'~fined b~, fhis ordinance.
Section 18. ~s used in this ordinance, the
mentioned toms shall have the followin~ descri}~ed meanings:
The term "commission" means the civil service commission
hemrein created, and the term "commissioner" means any one of the
commi s~ioners of that comm~.ssi. on.
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The term "appointing oov:er" includes every person or
groun of oersons who, actina sinqlV or in conjunction, as a mayor,
council, commission, or otheT~ise, is or are, invested by law with
Dower and authority to select, aDDoint, or emoloV any oerson to hol~
any office, place, position or emoloyment subject to civil service.
The term "appointment" includes all means of selection,
appointing or emDlovin~ any nerson to hold any office, olace, POSitiOn
or emolovment subject to civil service.
The tern "city" means the Cit7 of Winslow.
The tern "full paid police department" means that the
officers and policemen emoloyed in such are paid regularly bV the
city and devote their whole time to police duty: PPOVIDED, "Full oaid
police deoartment" whenever used in this chanter shall also mean "full
paid policemen".
Section 19. If any section, subsection, subdivision, sen-
tence, or clause or Dhrase of this ordinance shall for any reason be
held to be unconstitutional, such ~ecision shall not a~fect the validitV
of the remainin~ oortions of this chaoter.
Section 20. All acts and harts of acts in conflict with the
nrovisions of this ordinance are hereby reoealea insofar as they con--
flict with the orovisions of this ordinance.
PASSED at a regular meetinc of the City of winslow the
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