HomeMy WebLinkAboutAFA 2007-2010 MOU MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO FIREFIGHTERS
BARGAINING UNIT
AND
CITY OF ATASCADERO
JULY 19 2007 TO JUNE 309 2010
Firefighters'MOU 2007-2010
MEMORANDUM OF UNDERSTANDING
ATASCADERO FIREFIGHTERS' BARGAINING UNIT AND CITY OF ATASCADERO
JULY 1,2007 THROUGH JUNE 30,2010
TABLE OF CONTENTS
ARTICLE I-GENERAL PROVISIONS. .1
SECTION1 1 PREAMBLE...................................................................................................................................1
SECTION 1.2 RECOGNITION 1
SECTION 1.3 SEVERANCE.................................................................................................................................1
SECTION 14 SOLE AGREEMENT 1
SECTION 1.5 FULL FORCE AND EFFECT 2
ARTICLE II-RESPECTIVE RIGHTS. .2
SECTION 2.1 ASSOCIATION RIGHTS 2
SECTION 2.2 CITY RIGHTS 2
SECTION 2.3 PEACEFUL PERFORMANCE. 3
ARTICLE III-HOURS OF WORK AND OVERTIME.. ..3
SECTION 3 1 HOURS OF WORK 3
SECTION 3.2 OVERTIME 4
SECTION 3.3 CALLBACK PAY 4
SECTION 3 4 STANDBY TIME 4
ARTICLE IV-PAY PROVISIONS. .4
SECTION 4 1 SALARY 4
SECTION 4.2 EDUCATION INCENTIVE PAY 5
SECTION 4.3 RETIREMENT 5
SECTION 4 4 SICK LEAVE/STAY WELL PLAN 6
SECTION 4.5 VACATION LEAVE 6
SECTION4.6 HOLIDAYS....................................................................................................................................6
SECTION 4 7 BEREAVEMENT LEAVE 6
SECTION 4.8 MILITARY LEAVE................................................................................... 6
SECTION 4.9 PARAMEDIC PAY 7
SECTION 4 10 COMMON MESS ARRANGEMENT 7
SECTION 4 11 HAZARDOUS MATERIALS SPECIALIST PAY 7
SECTION 4 12 BILINGUAL PAY 7
ARTICLE V-HEALTH AND WELFARE....... 7
SECTION 5 1 HEALTH INSURANCE COVERAGE 7
SECTION 5.2 UNIFORM ALLOWANCE.......................................................................... 8
SECTION 5.3 PROBATION 8
SECTION 5 4 PROMOTIONAL OPPORTUNTIES 8
SECTION 5.5 PHYSICAL
FITNESS •9
ARTICLE VI-CLOSING PROVISIONS. •9
SECTION6.1 TERM.............................................................................................................................................9
SECTION 6.2 SIGNATURES 10
Firefighters'MOU 2007-2010
ARTICLE I-GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,hereinafter referred to as
the"City" and the Atascadero Firefighters' Bargaining Unit, hereinafter referred to as the"Association"pursuant to
California Government Code Section 3500,et seq.and the City's Employer-Employee Relations Policy The purpose of
this Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein
without favor or discrimination because of race,creed,color,sex,age,national origin,political or religious affiliations or
association memberships. Whenever the masculine gender is used in this MOU,it shall be understood to include the
feminine gender
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following
positions:
• Firefighter Classification
• Firefighter
• Firefighter/Paramedic
• Firefighter/HazMat Specialist
• Firefighter/Paramedic/HazMat Specialist
• Fire Engineer Classification
• Fire Engineer
• Fire Engineer/Paramedic
• Fire Engineer/HazMat Specialist
• Fire Engineer/Paramedic/HazMat Specialist
Fire Captain Classification
• Fire Captain
• Fire Captain/Paramedic
• Fire Captain/HazMat Specialist
• Fire Captain/Paramedic/HazMat Specialist
Fire Marshal Classification
• Fire Marshal/Code Compliance Officer
For purposes of this MOU positions with a Paramedic and/or HazMat Specialist designation are hereinafter included
in any reference to Firefighter,Fire Engineer,and Fire Captain.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the
scope of representation under the Meyers-Milias-Brown Act (Government Code Section 3500,et seq.), and as
provided under the City's Employer-Employee Relations Policy
Firefighters'MOU 2007-2010 Page 1
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid,unconstitutional,unlawful,or unenforceable by reason of
any existing or subsequently enacted constitutional or legislative provision shall be severed,and all other provisions
of the Agreement shall remain in full force and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful or unenforceable,the
City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute
provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way
modify or impact the remaining provisions of the existing MOU
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,hours, and terms and
conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in
conflict thereof,this MOU shall prevail.
b. If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the provisions of this
MOU in any respect,any such change shall be effective only if and when reduced to writing and executed by the
authorized representatives of the City and the Association. Any such changes validly made shall become part of this
MOU and subject to its terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages,hours, and terms and conditions of employment that are negotiable subjects of bargaining under the
Meyers-Milias-Brown Act,including those set in this MOU,shall remain in full force and effect during the term of
this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.
ARTICLE II-RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within
the scope of representation proposed to be adopted by the City Council.
b. Reasonable use of one bulletin board at all Fire Department stations.
c. The right to payroll deductions made for payments or organization dues and for City approved programs.
d. The use of City facilities for regular,normal and lawful Association activities,providing that approval of the City
Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially designated
representatives for the purpose of processing grievances or contacting members of the organization concerning
business within the scope of representation. Access shall be restricted so as not to interfere with the normal
operations of any department or with established safety or security requirements.
Firefighters'MOU 2007-2010 Page 2
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes,but is not limited to,the exclusive right to determine the standards of service;
determine the procedures and standards of selection for employment and promotion; direct its employees, take
disciplinary action for"just cause",relieve its employees from duty because of lack of work or for other legitimate
reason;maintain the efficiency of governmental operations,determine the methods,staffing and personnel by which
governmental operations are to be conducted;determine the content of job classifications;take all necessary actions
to carry out its mission in emergencies,exercise complete control and discretion over its organizations and the
technology of performing its work provided, however that the exercise and retention of such rights does not
preclude employees or their representatives from consulting or raising grievances over the consequences or impact
that decisions on these matters may have on wage,hours and other terms of employment.
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by
this Agreement are essential to the public health, safety and general welfare of the residents of the City of
Atascadero. Association agrees that under no circumstances will the Association recommend,encourage,cause or
promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike,sit-
down,stay-in,sick-out, slow-down,or picketing(hereinafter collectively referred to as"work-stoppage") in any
office or department of the City,nor to curtail any work or restrict any production,or interfere with any operation of
the City In the event of any such work stoppage by any member of the bargaining unit, the City shall not be
required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work
stoppage has ceased.
b. In the event of any work stoppage,during the term of this MOU,whether by the Association or by any member of
the bargaining unit,the Association by its officers,shall immediately declare in writing and publicize that such work
stoppage is illegal and unauthorized,and further direct its members in writing to cease the said conduct and resume
work. Copies of such written notices shall be served upon the City If, in the event of any work stoppage,the
Association promptly and in good faith performs the obligations of this paragraph,and providing the Association has
not otherwise authorized,permitted or encouraged such work stoppage,the Association shall not be liable for any
damages caused by the violation of this provision. However,the City shall have the right to discipline,up to and
including discharge,any employee who instigates,participates in,or gives leadership to,any work stoppage activity
herein prohibited,and the City shall also have the right to seek full legal redress,including damages,against any
such employees.
ARTICLE III--HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period,pursuant to Section 207(k)of the Fair Labor Standards Act,shall be twenty-eight(28)
days for all full-time permanent sworn safety positions with the exception of the Fire Marshal/Code Enforcement
Officer All hours worked in excess of the employees regularly recurring work schedule shall be paid at the
overtime rate of one and one-half of the employee's regular rate of pay
The normal work period for the Fire Marshal/Code Enforcement Officer shall be seven(7)days with a maximum non-
overtime of forty(40)hours.
b. Definition of Shift Employees
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Shift employees(excluding administrative assignments)are assigned to positions which duties are performed on a
twenty-four(24)hour day,seven(7)days a week basis,and include:
• Firefighter
• Fire Engineer
• Fire Captain
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time(CT)
Notwithstanding the provisions of this section,employees may be granted CT for overtime credit computed at time
and one-half at the mutual convenience of the Fire Department and the employee.Employees may accumulate up to
six(6)shifts(144 hours)of Compensatory Time.
d. Scheduling Compensatory Time Off(CT)
Requests to use CT shall be granted with due regard for operational necessity such as staffing levels.
e. Compensatory Time(CT)Payoff
CT may be paid off at the option of the employee. The payoff shall be included in the next regularly scheduled bi-
weekly payroll period following the request.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two
(2)hours at time and one-half rate of pay
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive twenty-five dollars($25.00)for each day of standby duty A day is
defined as a 24-hour period.
b. Employees responding to work from standby shall receive time and one-half pay with a minimum of one hour and
twenty minutes once called back. Employees responding to work as a result of an emergency callback request shall
receive time and one-half pay with a minimum of two hours pay
c. Employees on standby status shall monitor both radio and alpha numeric pages at all times,and be able to
respond to the predetermined duty assignment within twenty minutes from the time of notification.
ARTICLE IV-PAY PROVISIONS
SECTION 4.1 SALARY
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This three(3)year agreement shall provide pay increases according to the following formula and schedule:
Year i(effective July2007)—5%COLA plus an additional inequity adjustment of 8%for Firefighter,Fire Engineer,Fire
Marshal and Fire Captain.
Year 2(effective July 2008)—3%COLA,plus an additional inequity adjustment of I% for Firefighter,Fire Engineer,
Fire Marshal and Fire Captain.
Year 3(effective July 2009)—3%COLA,plus an additional inequity adjustment of 1%for Firefighter,Fire Engineer,
Fire Marshal and Fire Captain.
The following monthly salaries become effective uly 1,2007
CLASSIFICATION A B C D E
Firefighter 4,450.90 4,67345 4,90712 5,152.47 5,410.10
Firefi hter/HazMat Specialist 4,539.92 4,766.91 5,005.26 5,255.52 5,518.30
Firefighter/Paramedic 4,895.99 5,140.79 5,397.83 5,66772 5,951 11
Firefi hter/Paramedic/HazMat Specialist 4,985.01 5,234.26 5,495.97 5,770.77 6,059.31
Fire Engineer 4,78744 5,026.81 5,278.15 5,542.06 5,81916
Fire En ineer/HazMat Specialist 4,883 19 5,127.35 5,38372 5,652.90 5,935.55
Fire Engineer/Paramedic 5,266.18 5,52949 5,805.97 6,096.27 6,401.08
Fire En ineer/Paramedic/HazMat Specialist 5,361.93 5,630.03 5,911.53 6,207 11 6,51746
FireMarshal/Code Enforcement Officer 5,680.60 5,964.63 6,262.86 6,576.00 6,904.80
Fire Captain 5,680.60 5,964.63 6,262.86 6,576.00 6,904.80
Fire Ca tain/HazMat Specialist 5,794.21 6,083.92 6,388.12 6,707.52 7,042.90
Fire Captain/Paramedic 6,248.66 6,561.09 6,88915 7,233.61 7,595.29
Fire Ca tain/Paramedic/HazMat Specialist 6,362.27 6,680.39 7,01440 7,365 13 7,733.38
a. Steps B,C,D,and E may be paid upon completion of twelve months of employment at the preceding step where the
employee has demonstrated at least satisfactory job progress and normally increasing productivity, and upon
recommendation of the Department Head and approval of the City Manager
b. Employees who are trained,qualified and assigned by the Fire Chief to E.M.T Paramedic duties shall receive ten
percent(10%)more in base salary than those positions within the same classification without paramedic duties.
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c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team(SLOHIRT)shall receive
two percent (2%) more in base salary than those positions within the same classification which do not serve on
SLOHIRT
d. The Association and the City recognize that the Memorandums of Understanding in the years since 1998 have been
incremental steps in correcting salary inequities between Atascadero employees and the comparisons within San Luis
Obispo County It is further recognized that the salary schedule is a continuing attempt to bring Atascadero salaries
to the mean with the surveyed cities following the initial inequity adjustment,and may be subject to change in future
negotiations. The City will provide the Association with a report regarding revenues/expenses and a salary survey
in April 2010.
SECTION 4.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related educational expenses for
attending college or other professional training,providing the coursework is job-related and the employee received a
passing grade.
SECTION 4.3 RETIREMENT
a. Employees will be provided retirement benefits through the California Public Employees Retirement System
(CalPERS). Firefighters,Fire Engineers,Fire Marshal/Code Enforcement Officer and Fire Captains will be provided
benefits pursuant to the 3% @ 50 Full formula (Section 21362.2 of the Government Code) for Sworn Safety
Members(as defined by CalPERS)and the City will pay the employee contribution of nine percent(9%)
b. The CalPERS retirement for Sworn Safety Members(as defined by CalPERS)includes Level Four(4)of the 1959
Survivor's Benefit. The employees shall pay the monthly cost of the benefit.
c. The City shall implement the Military Service Credit(Section 20930.3 of the Government Code)provided there is
no direct cost to the City The City shall provide Credit for Unused Sick Leave (Section 20965)and One Year Final
Compensation(Section 20042)benefits.
d. Employees have expressed a desire to receive the PERS benefit "Converting EPMC to Salary in the Final
Compensation Period"as allowed under Government Code Section 20962. It is agreed to implement this benefit if it
can be done at no cost to City City will work with PERS to determine costs and limitations and bring its findings
back to the Association prior to January 1,2008 for further action.
SECTION 4.4 SICK LEAVEISTAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Rules and
Regulations.It is agreed that nothing herein shall be construed as providing any vested right,monetary or otherwise,to
any unused sick leave existing at time of discharge or voluntary separation from City service, except at time of
retirement in accordance with the City's Public Employees Retirement System contract.
b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the accumulation.
c. Employees with 576.16 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus.The Stay
Well Bonus will be implemented as follows.
1 The sick leave pay-off will occur during fifty-two(52)week period beginning the first day after the second pay
period in October and ending on the last day of the second pay period in October of the following year after an
employee has accumulated and maintained 576.16 hours of sick leave.
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2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third
(1/3)of the unused annual allotment of sick leave. (The annual allotment is 144.04 hours).
3 Checks will be prepared by December 15 of each year
SECTION 4.5 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations.
b. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of
the City
SECTION 4.6 HOLIDAYS
a. Employees shall receive five and 6/10(5.6)shifts annually or 5 17 hours bi-weekly Said holidays shall be credited
in accordance with procedures established by the Personnel Officer
b. Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval of
the Fire Chief.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death
of his/her spouse,significant other,child,stepchild,parent,grandparent,grandchild,son-in-law,daughter-in-law mother-
in-law,father-in-law,brother,sister,brother-in-law,and sister-in-law
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to
military leave shall give the appointing power an opportunity within the limits of military regulations to determine when
such leave shall be taken.
SECTION 4.9 COMMON MESS ARRANGMENT
Unit employees under a common mess arrangement,agree to contribute to congregate meals at the station house in
the amount required to cover the cost of those meals,irrespective of whether the employee chooses to eat the meal.
SECTION 4.10 BILINGUAL PAY
The City shall pay an additional 2.5%of salary to those employees who are able to speak one of the top two non-English
languages as defined by the U.S.Census. A testing mechanism mutually agreed to by both parties will be created to
assess language abilities before qualifying for the incentive.
ARTICLE V-HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have"Family"coverage,the City shall pay a total of$955.50 per month toward the
Firefighters'MOU 2007-2010 Page 7
cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and dependents
for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent(50%)of increased costs for dependents based upon HMO plan costs.
b. For unit members who elect to have`Employee+1" coverage,the City shall pay a an amount not to exceed$847.67
per month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member
employee and dependent for the term of this agreement.City shall pay for increased costs to medical,dental,vision
and life insurance premiums for the employee and fifty percent(50%)of increased costs for the dependent based
upon HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee
hired on or before September 1,2000 as additional compensation.
c. For unit members who elect to have"Employee Only"coverage,the City shall pay an amount not to exceed$722.12
per month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member
employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life
insurance premiums for the employee based upon HMO plan costs.
Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee
hired on or before September 1,2000 as additional compensation.
d. The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand dollars
($15,000)during the term of this agreement.
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total
amount of one thousand dollars($1,000)per dependent during the term of this agreement.
f. The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units(as
designated by the bargaining unit)and one from the City The Committee shall regularly review the health plan and
study health insurance issues including, but not limited to, Health Maintenance Organizations (HMO's), cost
containment,etc.,and make recommendations to the City Manager
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with
applicable Internal Revenue Code provisions. The plan will enable an employee to,on a voluntary basis,cover
additional out of pocket premium expenses for insurance through pretax payroll dollars.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase,replacement,maintenance and cleaning of uniform clothing,
including t-shirts and hats.
a. The City shall provide an annual uniform allowance of eight hundred fifty dollars ($850) for each Association
employee.
b. The City will make an up front lump-sum payment of the current fiscal year's uniform allowance no later than the
second pay day in July
c. Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July 1
The City would at the same time advance the new employee an amount that, when added to his initial uniform
allowance,would equal$850. The amount advanced upon hire would then be deducted from the employee's first
full uniform allowance check received the following July (Example:If an employee worked six months in the first
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fiscal year,he/she would receive$850 in that first year and$425 in the second fiscal year All subsequent years the
employee would receive the full$850 until separation from the City)
d. When an employee separates from the City,the uniform allowance will be prorated based upon the number of days
employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check.
SECTION 5.3 PROBATION
The probationary period for newly hired Firefighters or Fire Engineers shall be eighteen months. The probationary
period for employees promoted to Fire Engineer or Fire Captain shall be twelve months.
SECTION 5.4 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period,qualified employees in the classification of Firefighter will be provided an
opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy There shall be a
maximum of ten(10)Fire Engineer positions funded.
ARTICLE VI—OTHER
SECTION 6.1 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association
for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in
the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program
will include the following elements: 1)Mandatory participation,2)Established standards,and 3)City-provided physicals.
SECTION 6.2 HEALTH AND WELLNESS EXAMS
The City shall add to the Fire Department budget three hundred fifty dollars($350)per full-time employee for health and
wellness exams according to the following schedule:
• Annually for Fire Department safety personnel aged 40 and over
• Every other year for Fire Department safety personnel aged 30-39
• Every three years for Fire Department safety personnel aged 20-29
The total amount budgeted will be coordinated in cooperation with the City This amount will be paid directly to the
health care professional or medical group and not to the employee.
SECTION 6.3 CELL PHONE REIMBURSEMENT
City agrees to reimburse each full-time employee a flat rate of nine dollars($9.00)per month for the use of their personal
cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable,the
months will be pro-rated.
ARTICLE VII-CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on July 1,2007,and expire on June 30,2010.
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SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendatign of the followin epresentatives.
Ya
Association Date Association Date
CITY OF ATrSO
Mayor Date City Manager Date
APPROVED AS TO FORM
y r lj 7
City EY orney 9ate
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