HomeMy Public PortalAboutCNT agreement 3-25-94 OF ?YBgF
Mayor Walter W. Parker
" City City Manager
* b t- Bob Thomson
CITY COUNCIL CFORGt C
Jason Buelterman Clerk of Council
Ralph "Eddie" Crone Diane Sikes
Mallory Pearce CITY OF TYBEE ISLAND
Shirley Sessions City Attorney
Paul Wolff Edward M. Hughes
Jack Youmans
April 6, 2005
R. Jonathan Hart, Esq.
Lee, Black, Hart & Rouse, P. C.
P. O. Box 8205
Savannah, GA 31412 -8205
Re: City of Tybee Island
Our File No: 487
Dear Jon:
In light of the consolidation of the City and County Police services, I wanted to confirm
that Tybee is continuing to participate in the agreement pertaining to the counter narcotics unit or
the drug unit by whatever name. I am curious as to your opinion regarding the status of the
earlier agreement and the participation of the other municipalities in light of the consolidation of
the City and County forces.
I look forward to hearing from you. With kindest regards, I am
Very truly yours,
Edward M. Hughes
EMH /plf
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P.O. Box 2749 - 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 * C
(912) 786 -4573 - FAX (912) 786 -5737 �JV E± LCS I
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COUNTY -CITY AGREEMENT FOR •
DRUG ENFORCEMENT ACTIVITIES
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THIS AGREEMENT, made and entered into this ,, ' day of}ld,
1994, by and between CHATHAM COUNTY, a. political s adivision of the
State of Georgia, hereinafter referred to as "County" and the MAYOR
AND COUNCIL MEMBERS OF THE CITY OF TYBEE 'ISLAND,.a Municipal
corporation chartered-under the laws of the State of Georgia,
hereinafter rafter referred to as "City."
: W I T N E S S E T H ;
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WHEREAS, the Constitution of the State of Georgia of 1983 in
Article 9, Section 3, paragraph 1, provides that municipalities and •
counties of the State of Georgia may contract with one another for
the provision of services for any period not exceeding fifty (50)
years: and
WHEREAS, the County and the City are mutually co cernad ri.bout
illegal drug sales, trafficking, possession, distribution, and
abuse, as well as related violent crime connected with 1,3.legal drug
activity; and
WHEREAS, the County and City are mutually interested in a
cooperative effort to enforce the law regarding drug activity and
related crime; and
WHEREAS, the Board of Commissioners of Chatham County reviewed
this agreement and authorized the Chairman to sign this documeAt at
the , A/q4 meeting of the Board of Commissioners; and
WHEREAS, the Mayor and, Council Membors of the City of Tybee
Island reviewed this agreement and.authorized the'Mayor to sign
this document at the 1/3IJq meeting of the Mayor and
Council.
NOW, THEREFORE, for and in conmiderat on Of the mutual
covenants and agreements herein made, the County and the city do
hereby mutually agree as followsi
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and at least ten (10) year experience in local, state, or federal
law enforcement, with. at least five (5) yearn experience km drug
enforcement activity. Vreference should be g..ven to clandidates
with a master's degree. The County is bound by requiltettentx of thqi
Equal Employment Opportunity Commission's (iEOC!) Unifo,r_la Selection
Guidelines. The County accepts equivalent combinations of trainins
and experience in lieu of specific college degrees when screening
sPPli.cants for certain job qualificatiom2.
6. Number of givild,9xl_Personnel. The number of non
civiliaa employees will he seven, cmnsi.sting pf two ;A.toclistant
district attorneys, three secretaries, with one having para-legl
experience, one analyst and one public ! re14vbiona oW.acr.
7 NuMber of Sworn Officers. Th imum number of sworn
enforcement personnel will.be 1,27:LLy, which includes the drug uni
Commander.
8 PergoAnal Apsignmentil. All oworm law eAnforcement
persoaael will be provided by a "Tour of Duty" program in which all
participatir,g government agemcies 4noign offlpera to the Unit fox.
a 21 includes 3 months of training 04.4404he
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of field sorvice. At the conplum of each "Tow,: oZ Duty" each
officer may be reassigned for an a,ddlt&palmRAtImontXTARiod. The
City of Savannalt naval' provi,dc. one (1) lommiotaione4 officer
(2) Sergeaats, and ten Oa officers at the ranlz of Corporal •
below. Tho oommiosiond o.t.fitae4- will htr. the first, officer assigned '
by the Savannah Police Department. In the event the Drug Unit
commander 447 171 umm:bex' of the 2avannah Police Department, the person.
aeler •ed by him/her as second in command of the Drag Unit mill be
seJ,c;oted 2rom commissionttd officer Who is not a member of the
Savannah Police Department, In the event. the Drug Unit Commander
ia not a oavannah Poliup Department officer, he/she sh.ell select as
second in command of the Drug Unit a commissioned officer fr: the
Zevannah Police Dppartment. The City will be given up to 180 days
not±ct f ositions to be transferred to the Drug Unit. The City
of oavannah shall provide a minimum of thirty-thr:ee percent (33t)
of the sworn personnel. The County h1i - olrlde a minimum of
thlrty-three perupnt (33%) GE the sworn :i4-)anol. The landing
Officer shall determine the number c per$oanel to 1m jued at
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each rank. The City of Savannah shall provide at least fifty
pant (60%) of the personnel at each rank,. Qualifications for
assignment to a "Tour of Duty" include; two (2) years of
nrafeosional law enforoamcoat experience; an exemplary record of law
enforcement service devoid of aeriaus, sustained allegatione of
departmental infractions c regulations, atandard operaaog
procedures, and policies; an extensive training record at
ractional, state ot. fedral law enforcement academy ix obtaining and
executing search warrants, conducting drag raids, making street
driag eases, conducting reveree sting opez.ations nNing a
technology equipment, and dtl-'clping and using informants and
Information 170:. rks; and a williuguees to undergo random
urinaly and polygraph testing. The Drug Unit Commander may
selec lice offiemT from the City of rybee Xslard tor a tour of.
duty Vi id officer does not meet the criteria 144ted herein,
bQ long as said 0;E1ictf-T :9 Willing to undergo random urinal analysis
and polygraph testing - AREMINENNEM-faland shall have the.
I leas t onTlipAtologiryppArPP4MILI,r,
Arty par t. ating governmt,..nts oining thi s =It
agreerzut hereby agree to relincitaisb, all command and
d." . e authority over their respective assigned personni and
- olAfer excluAllive directive supervision and authority to the
ection of the Drug Unit CommandeT.
- AnY amPloYee
aa to the Drug 'Unit from ar.7 avt-:ncy shall he required to be
t.?Nrered. !wider r.he employing agencly= s worker' cat'ipensation program,
Ti though the employee wo-rJ und er the super i7A fl and tion
the Drug uni t Commander Any inj ury, di ty, or death,
incurred by any employee while assigned to the Driag Unit shall he
deemed to have arisen ou' of, and - :(1 have been switained in the
course of vuch ampioyment. Xf any Joysfl, or anyone on hi/her
behalf, files a claim for warkeriEt comp•ari .q.1 benefits againot
any participat ino rovern -41 , o the. the participating
government assigning him/he4, for any 4.1tjucy claimed to have been
sustained while working with than Llla participating
golrernment which assign the employee! 1.71-. detends and
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hold harmless all the other parties to this agreement with respect
to auah claim at no doot to ouch other partiett.
10. 14.iAtoritq,Par4iqipAtion. The Drug Unit minority goal
objective is to have at leaot fifty percent .50 of thga sworn
personnel assigned to the drug unit must be minority. The City and
the County both agree to eociuu aworn officers whose demographics
reflect the composition of the community's population.
11. Coalt_ggimhursement. City porson.nel assigned to the Drug
'Unit will remain employees of the City, b paid by the City
payroll, and receive contiuuA2us CiLy benefits. The County will
reimburse the City for expenses including salaries, overtime pay,
socia1 security, per capita medical insurance coverage, per capita
life insurance coverage, per capita disability insurance coverage,
p4noion contributions, and per capita estimates tor workers
compensation. These amounts will be itw.)11e by the City in a. bi
weekly request for payment. Paymevte tor salary and benefit
reimbursements will be made bi-weekly from the County to the City.
12. Zrimary DKug___Bn,faxcement„ The Drug Unit created by this
agreement shall be the primary drug enforcement agency for Chatham
county and t1.1. municipalities contained therein.
13. ImpleTentation_Plan. Prior to the implementation date of
Drug Unit/ the County shall prepare an implementation plan that
identifies all tasks necessary to successfully implement the Drug
mAlt, including plans to achieve the provisions of this Agreement.
14, planning and Analygis. The Drug Unit will operate a
cooperative, ongoing planning process that: establishes a goal
statement, objectives, .strategies, 1 and priorities for drug
entorcement activities. The planning process will be a continuous
activity that allows operations to respond to changing conditions.
An analytical component that includes a computerized database of
identified drag locations and suspects will ensure that planning
and decision-making are based on adequate information about drug
trafficking susv • and locations.
15. Geographic_covq7age_Asseq„,. The County will erare 1
that. program planning and the implemen tion of operations are
geographically dispersed or concentrated in a manner which air to
be consistent with the measured geographical distribution of
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illegal thug activity. In recognition of the data that suggests
that 85 to 90 percent of a.11 illegal drug activity in the Couilty
occurs in the City, the County agrees to allocate 85 to 90 percent
of the emforceuxent efforts of the Drug Uni.t. Con an hourly mainpower
allotment method computed mthly) to those areas within the City
which offer the great,agt hargete opportun..i.ty MS de
the. Drug Unit comil:iantler' s interpretation of the Drug 'Unit Analyst'
report_ The Drug Unit Coxmalander will concentrate higther iiitL
unit responae (at ]at 50 percent of hia/her hourly manpower
allotmen.t) to area IC u deeignated by the City, until an*lywis
rkweals that drug related activity has been reduced or shifted to
.tther area_ Tha Drug unit Commander will keep t-ho City and
County appropriately informed as to any shifta in concentrations
of manpower or any change In geographical areaa o. attention.
16. pmmunity PArticipatign. The County must include, as
part of the planniu g. proceiza, mechaniem Zor cLiexj. ps,rticips.t-4,0D,
in program planning. This mechanism must include a drug telephone
"hot line" for soliciting Information on drug activityl regUlar
neighborhood meetings in area identified as "hot spots" or other
ueighborhooda we residents express concerns about illegal drug
activity, and an effort to maintain informal Communication between
c):EEicers arxd cazonli4 c;onpiatent with the philosophy of community-
oriented policing.
17. Evaluation a4d Perform&I.nce Measures. The evaluation of
program effectiveness will be based on outcome measures that gauge
the extent that progreum toward the goal is being achieved, namely
reducing the amount of illegal drug importation, possession,
manufacturing, distr;ibution, sales, or other tracking. This may
include a reduction in the number of concentrated locations of
observaLble drug activity, or drug "hot spots."
18 . ktaor tingaccpairepents . The Corxmanding Officer shall,
through the County Manager, report quarterly to the Mayor and
Aldermen of the City o1 Savannah and the Chatham County Board of
Commit4sioners on the progress of the Drug 'Unit. The quarterly
progress report shall im a crihical,evaluation of the
effectivenesS of the Drug UTlit in achieving outcpme
performance meaoures, sucb as a reduction •in the number of drug
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"hot spots." The Commanding Officer shall also send writte
monthly reports to the members Of the Advisory Board And the Ci%k
Manager.
19. Advisory_Board. Policy advice will be given to the Drug
Unit at a montl:".u- meeting of a Drug Enforcement Advisory Board.
The following p...;sitions will be voting membera of the Advisory
Board: the Chatham County Police Chief, the Sheriff. of Chatham
County, the Savannah Police Chief, the District Attorney, tWQ
minority Majors from the Savannah Police Department, one minority
Major from. ella521E1.52.11112Z.2.111212-12 2e.Ent,, and one minority
Major from the Chatham. County Sheriff's Department. The following
positions will b if their municipality has
personnel assigned to the Drug Unit and will othttrwise be non-
voting members: Chief of Police for Bloomingdale, Chief of Police
for Garden City, chief of police for Pooler, Chief of Police for
Port Wentworth, Chief of Police for Thunderbolt, and the Chief of
Police for Tybee Island. The following positions will be non-
voting members the Resident Agent in Charge of the Savannah
Office of the Drug Enforcement Administration, the Senior Resident
Special Agent of the Savannah Office of the Federal Bureau of
Investigation, and the Resident Agent in Charge of the Savannah
Office of the Georgia Bureau of investigation.
Ehadi not be a legal entity and shall have no authority concerning
administrative or itP..bW4:.gIYJ; The Ad'vrzriso:tiiP :.WifFil
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that the ,T.citiAiliitngmy reila ha 11 have. 4.1..94.,tran:1;I
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and :Ubi5;64Williinaiklelor Lhe CTIOWMATillr660 theltD'giieahlt.
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20. JokSecal7ity. .The Commanding 'Officer may not terminate
the employment of any individual on a tour of duty on the Drug
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Unit. Each officer assigned to a Tour of Duty maintaino ou righte
of -:.(.ployment ad possibility of termination consistent with the
. p. , ,sonnel rules and regulations of the participating goworrl,meant
)(. employing the officer, Only the participating government has the
.. to change an officer's employment status, rank or
Replacement_of_Offcerq. All personn e*J. serving on a
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'"Tour c uty" serve at the pleasure of the, Commanding Of4i.r_ler.
tht comma_ding OfficerlpagT14W. that ay.. individual be replaced
any reason. Auy such request 11-,1:1 .hen.t by tho
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parti9tpagAngweNce:FRml and a replacement made withinOMSrgag
iaa.Y The partioip4ting government reserves the righ:iLtO remove
any officer from the Drug Unit for reassignment, promotion, or
other reasons.
23. Replac ement_pf_IVacant_ Posi Upon the avant o f a
vacant City or C-Lmty position in the Unit due to res.ignation,
retirement, reassii or promotion to another position, or any
other reason, the County or City of Tybee Tsland W.epending on
which agency eufferad the loss) will ensure that the position will
be filled within thirty (30) days of the date of vacancy,
Temporary position vacancies created by loss of personnel from the
maller participating municipalities can be filled by a tamporarily
agirligned employee from the City or County on s 7ck.atingbasl,s until
such time tbat the mnnicipality has a reasonabla opportunity to
replace their respective agent or repsentative. When the City
provides the temporary replacement it shall receive reimb=sement
for the position. as'it would. for any other position within the drug
unit.
24. Chairkot_C9mmanA. 4 chain of command must he established
by the acAmmanding officer that .is clear and unambiguous. The chain
of command may result in the establishment c ler nnl-
such as an intelligence uit, major came unit, buy/bust uni
immediate reaction unit, investicrative support unit, or other such
organization as th e com=anding officer de= appropriate.
25. s tawiardslner a t Pros,_3(2.:dures . The Sav a ri.71ah Police
Department' s Standard Operating Procedures shall nerve as the
initial set of standard operating. procedures and, laay he Lukended to
meet the specific needs of the Drug Unit.
26. *Ppw4,.p.pruct.Untt_Officprs. To ensure that each s
officer assigned the Unit will be given the authority to
local and state laws without restriction, so as to quash any
jurisdictional question or attacks which may hereafter arise, the
City and County, and all other participating govertnnental Zkgencief.
hereby agree t confer jurisdictional authority upon all Drug Unit
Officers to jointly enforce their respective local ordinances.
Additionally, the Sheriff ot Chatham County may by the terms of
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this agreement confer deputy sheriff appointments upon the sworn
nwmb rs cad the t3'nit if necessary.
27. Phy:; 7.c ,]. 'l ant and 4e u. , . The County shall be
rezponsi.ble for p.r. oiri.d:c.ng office bspace within, n, Area C or anther
designated area within Savannah, vehicles, gasoline, radio
equivu nt, survei11ri,uc;.e equipment, and all other equipment
necessary for drug law enforcement The County will he responsible
£, ;z± the ongoing procrurement:. Q.e needed equipment end supplies.
78. to Al1 Px:n„pery _:11qu p t; nt. Chatham County
shall retain. title Lo all tangible or intangible properties of the
Drug Unit, All leased, borrowed, shared, or loaned equipment will
revert try the source upon vompletion of usage by the Drug Unit.
All other properties acquired, regardless of source, shall became
. the macclusive property of Chatham County. Tn the event, or upon
such time that the Drug Unit is disbanded, all property and
equipment not leased, loaned, shared or borrowed shell revert ert t c
Chatham County.
29. Support Sery_icett. r'tny necessary law enforcement :ervi e
not available from the sworn or civilian scat f of the Drug Unit,
including but not limited to laboratory analysis, evidence
1.Woteet:icn mad storage, prisoner transportation portwation and cd ent.:t.cxx,
m edical care for arrestees or injured officers, will be provided by
'17ce County. Any such service may be provided by a participating
... c� _ .t nment on a non-binding cooperative basis as offered by the
. participating government. In an effort to reduc cts while
providing for all of the essential needs of the Drug U.n .t. and the
Drug Unit Commander, the City and County agree to make ilabie
to the Drug Unit Commander, this Internal Affairs irs irve v.tigative
personnel of the City Police Department, ent_, County Police Department,
and the Sheri.:f.f ` r Department. ass.- .y' re::.Nest for ka,r cb. services from
the Drug Unit Commander shall be met as a joint obligation of these
deuartmenta. Investigative findings of any ilater:na t investigation
will be reported directly to the Drug Unitt Commander. . .Any costs
associated with Euc11 endeavor will be reimbursed by, the county.
Any other necessary law enforcement_ service :not available from
the sworn or civilian staff of the Drut, Unit, ;including hut
ixtitl t_�<<t to laboratory analysis, evid.euc6 p:r.otw, ction arz.: st<ox q .
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prisoner transportation and detention, medical care for arrestees
or injur ofticers, m111 be provided by the County. Any such
service may be provided by a participating government on a non-
binding cooperative basis as offered by the participating
government.
30. Illagge aild rinancial rt.e_glag.Asilqility. The County will
assume budget responsibilities for ensuring the fiscal welfare of
LI:ke Drug Unit, including ail accounting of expenditures and
revenues.
31 submission gor_ S tate and. _Federal Arai/A: a . For the
purposes of submitting for State or Fed.eral grant funds, the County
shall be responaible for identifying and aking primary grant
applications for which. the Drug Unit may he eligible. Whenever it
is advantageous to do so, the City and other pa.rticipating
governments agree to join in th.e submission appIication for the
purpo se. of enhancing the possibility of securing the grant funding.
The City agrees to provide whatever expertise or technical grant
assistance it has available at the time, for the purpooe rz.f
securing the great award. Chatham County agrees to reimburse the
City for the cost of ouch zervces, which may later h taken from
the grant ,award.
32. Audit Izelaruj.rements. Expenditures and revenueo for the
Drug Unit will be accounted for in the general fund. This fund
muat he included in mn annual financial audit.
-1WFORWRWEAEure. Currenc confiscated by the Dru- Unit
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she..L1 be congidered revenues to be used only az funding tor the
Drug Unit and shall b accounted separately. Non-currency assets
.1 seized by the Drug Unit shall become the property a;,.
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. reuponsibility of Chatham County. Any funds received by the
. 'liquidation of ncai-currency assets must also accrue to a separate
fund for asoet f orfeitures to be. used only by the Drug Unit. The
4.1.muin annual dollar amount obtained from con.fiscated currency - anct
:..„.•plidated assets that accrues to the fund dedicated to the Drug
Unit: alv. . • 250 , 000 , 00 dollars . Any funds obtained in exceus of
this axi; •411 be divided among participating governments bazed
bit the ai.,:,. number of perscnnel aosigned to a Tour of Duty" for
that fiscal year. Tile County assumes responsibility for manging
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confiscated, currency and seized assets and net comply with federal
and state ansat forfeiture laws
35. StafE Pers.onTtej_P.ecgrds. During the tour of duty of any
assigned. employee, the Drug Commandoi !. ohall maintain an acti:Ve
personnel file on such employee. Employee information auab, aa
attendance records, job related injuries, work yerforate./xce eto.
shall be maintained in thia file. Uowever, the permanent employee
mcmcds of such assigned employee shall not i& deemed to be in t',11.2
"care, custody or control" of the Drug Unit Commander. Upon the
comp:Lot:ion 0.4 their individual tour of duty, atluovigned f=ployee's
respective personnel records, which were generated by the 1mg Unit
cos=wader shall be dui maintaned by Chatham County gala the human
resources department of the assigning participating government.
36. Implementation_pa The pn7ovisiona of this Aq1;
shall be implemented on the date identified in the implementation
plan, or any other epecific date! :agreed o.pc.41 in , ..p.tnot:x . al
correspondence between the County Manager and City Manager.
37. Provisionp_for_Terpination of: itx.sxrep This
may be t:erminated by the Mayor and Council Members o th
Tybce Toland or by the Chatham County Board of COMMIT.77.qT:EU witi
30 days written notice for a violation of thi s A.gr. eeziar . This
• Agree.mei7.st al 0 may bet t ermina t ed wihoue i3 tat ed. 2.1 130n by the Mayo
4nd Coiancil Membera of the City of Tybee Island or by the Chatham
County Board of Commissioners with 180 days written notice.
38. p_to _Mi. ET ern E.112 This a.greeme TN t me.,y be
amended by the mutual agrmumt,int o the parties hereto. Such.
amendment shall be in writing to be attached to and incorpors,ted
3nt; ti± o tgrnt
en
39. LEiloil Construction. I case any one or more of the
provinions eontained in thin Agreement shall he held to be invalid,
illegal, or unenforceable in any respect, suoh invalidity,
ilimqtalt:.y, or unenforenability shall not attect any othe!!.
provision thereof, and thin Agreement hall be consts. as if such
invalid, Illmgal, qr uoe.afcIrceabi p.roviaton had never been
contained herein.
40. c 0 1 .11 e - e Drug
Unit shall collaborate and coordinate with the police , departmc:nts
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of any ci i thin Chatham County i whic.h work. Thin:
:Inc lades es tahiih1ng goa s ob'j&tiva, pr. i ov3., tie • 0,Ild .s tra.teglas
within ifi aid J., ty to clear: the st of street sales, to eliminate
hous es and to ove.1 tb.e. drug supplies - The D-1ij rW t shall
alate aryl tac.:tc. x, tb.e impl.ementa tioa 4.: f, orcement
t within each city.
mxs 41, tgETEREOF , the Coi. and the City b aii e cau ea this
ar.rr8 to ht duly enacted by their proper of t eKV and ;3 c) t 6MS t:
ar ale a f ixed here to sct forth :1- dupi
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BOARD OF comITY
(.2:thrrip,m COKTI. "..
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