Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. . The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber.Together they compose the national bicameral legislature of the United States.. Thelinks below areavailable to the public for posting. The OMA also addresses minutes of meetings. The . These amendments also now mandate certain safety protocols for in-person meetings held before April 1, 2021. hb```b7 14Q! mL,Ln?2^d\}lTZ,.L9?.`ji {gvpJ$'i&|:*rqr_8FeOep}|;\xGy4kpr{5(4hw v1hRbQvE2| sa[TS.@&jf&ePap X XRM SdBIwEGGSGS5=O4/Kb601= The Authority shall establish a website as provided in the RTA Act, and the Authority shall post on the website the following: English|| 1449 0 obj <> endobj Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Houston's National Merit Semifinalists for 2021. national merit semifinalist 2022 michigan votes Vote Now Offender Public Information Search / Inmate Locator. Partisan caucuses of members of the state legislature. Updates on Authority activities and transactions and the progress of any project, including, but not limited to, a proposed rolling rapid transit system, as such updates become available. A public body may meet in emergency session in the event of a severe and imminent threat to the health, safety or welfare of the public. %PDF-1.6 % June 21, 1978 Laws 15.263 (2)- (4) . This information is for educational purposes only. An updated copy of the Open Meetings Act, as amended, is available courtesy of Michigan State University Extension. Unless a distinction is expressly made, references herein to the Board shall apply to any committees established by the Board and requirements applicable to Board meetings shall apply to any sub-quorum committee meetings. Only with prior approval from the City Attorney for an executive session is the posting requirement excepted. 15.261, et seq., discussed in detail, infra, also reinforces the state's policy of insuring open access to government operations by providing for open access to public meetings. December 18, 2019. In Booth Newspapers, Inc. v. University of Michigan Board of Regents, for example, the Michigan Supreme . c) A person shall be permitted to address a meeting of the Board so long as such person registers and expresses his or her desire in writing to address the meeting by filling out a comment card prior to the public comment portion of the meeting, so that the person may be recognized by the Authority chairperson. b) All comments shall be directed to the chairperson of the Authority. a) All meetings shall be open to the public and shall be held in a place available to the general public. The Open . endstream endobj 1450 0 obj <. No action of a governing body of an agency shall be taken except during a public meeting following notice of the meeting in accordance with this act. ;-- This article was published by Michigan State University Extension. endstream endobj 348 0 obj <. With the ability of public bodies to meet remotely under "any circumstances" set to expire on December 31, 2020, the Michigan Legislature recently amended the Open Meetings Act to extend any reason remote meetings through March 31, 2021. The Attorney General has the statutory authority to enforce OMA and to ensure that those public meetings covered by OMA are in compliance with state law. This article was published by Michigan State University Extension. There is now new government meeting notice requirements in Michigan. MSU is an affirmative-action, equal-opportunity employer. For example, if the notice is on a bulletin board inside a building which is only open from 9 a.m. to 5 p.m., then each day eight hours is counted toward the required 18 hours.). OPEN MEETINGS ACT Posting Requirements The Illinois Open Meetings Act (OMA), 5 ILCS 120/1 et seq., requires public bodies to provide notice of meetings, and agendas of what will be discussed, to the public in advance of a meeting. This has been updated from its original version published on October 15 th to reflect that the Governor signed Senate Bill 1108 and it took immediate effect on Friday, October 16 th.. Michigan . AN ACT to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts. The Open Meetings Act provides 11 circumstances where a meeting may be closed to the public. For more information, visit https://extension.msu.edu. 0 Meetings to be open; participation by public; minutes. We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). Michigan Governor Gretchen Whitmer signed Senate Bill 1108 on Friday, October 16, 2020, which amends the Open Meetings Act (the "OMA") with immediate effect. ||Espaol. These are indicated below by "(2/3)" after the purpose. MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. Check out the Sustainable Parks, Recreation & Tourism B.S. Michigan State University Extension holds trainings on the Open Meetings Act (OMA) so people better understand its . The Board may meet in closed session only for the following purposes, as provided in the Open Meetings Act: a) To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, an officer, employee, staff member, or individual agent of the Authority, if the named person requests a closed hearing. Senate Bill 1108 (now Public Act 228 of 2020) amends the OMA to allow public bodies to conduct electronic "virtual" meetings with remote participation for any reason through the end of . The Authority shall update this information every three (3) years. In the second article in this series, Michigans Open Meetings Act: Explore the details, , we will address decisions, deliberations, meeting notices and minutes. Compliance with the notice requirements for emergency meetings in this subsection does not create, and shall not be construed to create, a legal basis or defense for failure to comply with other provisions of [the Open Meetings Act] and does not relieve the public body from the duty to comply with any provision of the Open Meetings Act. Individuals requesting closed sessions may not later request that the closed session minutes be made available to the public. See why. There is now new government meeting notice requirements in Michigan. This information is for educational purposes only. Learn about important legislative changes to the Open Meetings Act made during the past session. An MSU Extension pamphlet, Michigan Open Meetings Act Decision Tree, is designed to help local officials and citizens answer the following two questions: The pamphlet flow chart, or decision tree, is based on the Open Meetings Act, Michigan attorney general opinions, and case law established by Michigan courts. At the end of the 2012 legislative session, 2012 Public Act 528 was passed. It has been said that for government to be of the people, by the people, and for the people, it must be open to the people. Notice of regular meetings shall be posted within ten days after the first meeting in each calendar or fiscal year, and notice of special meetings shall be posted at least 18 hours before the . BOONE Local homeschooled student Joshua Crenshaw is a semifinalist for the 2023 National Merit Scholarship . John Amrhein, Michigan State University Extension - Kurt H. Schindler, Michigan State University Extension - The OMA also provides requirements for timeliness of meeting postings. It is important for public bodies to be careful not to deliberate or make decisions about government business during these gatherings. Michigans Open Meetings Act was written to ensure that the governmental decision-making process would be accessible to Michigan residents. Additionally, the handbook The minutes must be available within eight business days of the meeting, open to public inspection and copies must be made available at a reasonable cost. Lessons Learned from Watchdog Training. The Open Meetings Act (OMA) is a state law, which provides the statutory guidelines for conducting public meetings. This policy sets forth the requirements for the Regional Transit Authority (the Authority) to comply with the Open Meetings Act, Act 267, Public Acts of Michigan, 1976, as the same may be amended from time to time (the Open Meetings Act), and to comply with website posting requirements under the Regional Transit Authority Act, Act 387, Public Acts of Michigan, 2012 (the RTA Act). requires public bodies to hold public meetings if a quorum of the board is present. The Michigan Open Meetings Act legislates the methods by which public meetings are conducted. f) Written remarks may be submitted to the chairperson at any time and will be received in the record of the meeting as if read. The California Public Records Act (PRA) explicitly provides that "nonprofit entities that are legislative bodies of a local agency" pursuant to Section 54952 of the Brown Act are "local agencies" subject to the PRA. You can print your own copy of the posters or contact the Wage and HourDivision at 1-855-464-9243 to have a copy sent to you. 102, par. In order to assist the public and those that are covered by OMA we have a . The Act . Open Meetings Act, with the exception of meetings of a Working Group. The open meetings law requires public agencies to file and post a revised schedule in the same manner as the original, and they must do this at least seven calendar days before the day of the first meeting held under the new schedule. The OMA defines open to mean open to the public, and meeting to mean any deliberation or gathering that meets the definition of a meeting under Section 551.001(4) of the OMA. endstream endobj 32 0 obj <>/Metadata 2 0 R/Pages 29 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences 54 0 R>> endobj 33 0 obj <>/MediaBox[0 0 612 792]/Parent 29 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 34 0 obj <>stream The Open Meetings Act (OMA) was written in 1976, as was the Freedom of Information Act. Make paper copies of the public notice for the emergency meeting available to the public at that meeting., The notice shall include an explanation of the reasons that the public body cannot comply with the 18-hour posted notice requirement.. G.S. OMA does not require that minutes contain the contents of speeches or general discussion, although greater levels of detail may be required by other statutes for certain types of meetings. The Authoritys budget, updated at least annually, and following any amendment. 1. (1976 Public Act 267, MCL 15.261 et seq.) The Act sets forth regulations for public meetings that include notification, public participation, rules for holding closed MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. f) To consider material exempt from discussion or disclosure by state or federal statute. 1477 0 obj <>stream b) Within ten (10) days of the first meeting of the Authority in each fiscal year, a public notice stating the dates, times and places of the Authoritys regular meetings shall be posted at the Authoritys principal office and other locations considered appropriate for the public body throughout the area of the participating counties. Am. Michigan's Open Meetings Act (OMA), 1976 PA 267, MCL 15.261 et seq. These two laws, known as Michigan's "sunshine laws," are designed to make government processes and information more open to the public. If so, can part of that open meeting be closed to the public? Open Records Act and the Kansas Open Meetings Act - are so important. California's cutoff declined to 220, a mark it hadn't seen in a decade. This site also provides access to all Michigan laws. Boards, Commissions & Councils collapsed link, Michigan Economic Development Corporation, Michigan Occupational Safety and Health Administration, Michigan State Housing Development Authority, Commission on Middle Eastern American Affairs, Michigan Asian Pacific American Affairs Commission, Michigan Council for Rehabilitation Services, MiSTEM Advisory Council and MiSTEM Network, Workers' Disability Compensation Appeals Commission, https://dev.michigan.local/som/json?sc_device=json, POSTER: Wage and Hour Posting Requirements For Employers. Remember the OMA When Communicating by E-mail. The Board shall keep written or printed minutes of each meeting, which shall be made available to the public. In addition, any decisions or discussions on matters that could pertain to a decision must also be conducted in a public meeting. Both laws were written in the post-Watergate, post-Vietnam war era. 1984, Act 167, Imd. endstream endobj startxref Review of applications for employment or appointment, if the candidate requests confidentiality. There is an emergency provision which allows a board, by a two-thirds vote, to meet without the normal notice when a severe and imminent threat to health, safety or welfare of the public exists and delay would be detrimental.. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. If you need assistance from the Attorney General's Office: Public Access Hotline. (2) This act shall supersede all local charter provisions, ordinances, or resolutions which relate to At the end of the 2012 legislative session, 2012 Public Act 528 was passed. Department of Commerce health code compliance conference. Certain meetings in the search for a university president, if the search process meets several specific criteria spelled out in the act. 1978, Act 256, Imd. Am. Meeting Minutes. Eff. The dashboard shall also include annual performance indicators for the Authority that have been established by the Board. Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. The law guarantees several rights of residents. In this article series which includes "Michigan's Open Meetings Act: An introduction" and "Michigan's Open Meetings Act: Explore the details," you will learn more about the Open Meetings Act in depth. Effective March 29, 2019, covered employers with 50 or more employees arerequired by law to post, aid Medical Leave Act Required Poster - English Language, Go to Bureau of Services for Blind Persons, Go to Michigan Career & Technical Institute, Go to Michigan Economic Development Corporation, Go to Michigan High-Speed Internet Office, Go to Michigan Occupational Safety and Health Administration, Go to Michigan State Housing Development Authority, Go to Office of Mobility and Electrification, Requests for Proposals and Qualifications, Go to Workers' Disability Compensation Agency, Go to Michigan Employment Relations Commission, Go to Commission on Middle Eastern American Affairs, Go to Hispanic/Latino Commission of Michigan, Go to Michigan Asian Pacific American Affairs Commission, Go to Michigan Community Service Commission, Go to Michigan Council on Future Mobility, Go to Michigan Council for Rehabilitation Services, Go to Michigan Workforce Development Board, Go to MiSTEM Advisory Council and MiSTEM Network, Go to Unemployment Insurance Appeals Commission, Go to Workers' Disability Compensation Appeals Commission, WHD 9911 Paid Medical Leave Act, Required Poster, GeneralRequirements. For a nine-member board, this means five votes in favor of the closed session regardless of how many are in attendance at the meeting. The public body can only deliberate in the closed session. program! John Amrhein, Michigan State University Extension - To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). The public notice for a rescheduled regular or a special meeting of a public body, shall state the (1) date, (2) time, and (3) place of the meeting. This brochure is intended to help you and other Kansans understand the basic requirements of the Open Records Act and the Open Meetings Act. To meet the 18-hour posting requirement, the notice must be accessible to the public for the entire 18 hours. MICHIGAN'S OPEN MEETINGS ACT. %%EOF Summary: A brief breakdown of the notes from the right column which includes an analysis of what you read and your own ideas about the theories, concepts, and/or points made. The changes to the Open Meetings Act took effect Dec. 28, 2012. April 17, 2013. The annual calendar must be posted within 10 days after the first meeting and changes to the calendar within three days of the meeting at which the change is made. 31, 1977 (1) This act shall be known and may be cited as the "Open meetings act". New provisions are noted below with [NEW]. Other points include what has previously and still is required by the Open Meetings Act. The People of the State of Michigan enact: 15.261 Short title; effect of act on certain charter provisions, ordinances, or resolutions. Subsection (c) of section 54952 provides: hbbd``b`@i{H0rq %" T $l;H^5#2(F? We host Take Back Events in the spring and fall. Department of Labor and Economic Opportunity (LEO) provides the connections, expertise and innovative solutions to drive continued business growth, build vibrant communities, create affordable housing, generate tourism and attract and retain key talent to fill Michigans vast pipeline of opportunities. Under PA 528, the notice must be posted at a . Authority policies and procedures, updated as such updates become available. Michigans first constitution, written in 1835, when speaking of the Legislative Department states that the doors of each house shall be open. It is this spirit of openness of government that inspired the Open Meetings Act. The a) Comments shall be limited to the public comment portion of the agenda at any Authority meeting. A meeting of a public body that is recessed for more than 36 hours shall be reconvened only after public notice that is equivalent to that required above. Mark your calendar to make a difference. . Every state with open government or "sunshine" laws requires any governmental entity and political subdivision including county, town/village and school district, tax district, committees and controlling boards to comply with open meeting and freedom of information laws (FOIA). Notice requirements. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. The Office of the Attorney General for the State of Michigan has for many years published an excellent Open Meetings Act Handbook, which can be found here. program! The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. These types of gatherings often are treated with suspicion by the press and the public. Closed Sessions. Student discipline, if requested by the student, or their parent or guardian, with the same one time restriction as #1. The Open Meetings Act (OMA) was written in 1976, as was the Freedom of Information Act. MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. However, all interviews by the Authority for employment or appointment to office shall be held in an open meeting. The roll call and the purpose of the closed session go into the minutes of the open meeting. *8QO'w&Nom1IerrVu\B,wEU9Mw}Q8&oQ}BIq%i7}>N!3#8wXMJ@NLGW7_y8{gLbR]N29)~4!69y[TzHn$wv2d{w/96pN! Breach of Duty. Using e-mail to conduct business may result in a violation of the OMA. Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. Check out the Environmental Economics & Management B.S. program! The exception for notices in the Open Meetings Act is only for subcommittees. The basic requirements of the . Open Meetings Act and Website Policy. d) Any person wishing to address the meeting pursuant to these requirements shall limit his or her comments to the time determined by the chairperson of the Authority prior to the public comment portion of the meeting, but in any event no more than three (3) minutes at any meeting. are: Members of a governmental body subject to the Open Meetings Act (OMA) are required to participate in education training sessions pursuant to section 551.005 of the Texas Government Code. subsections 3 and 4, require posting of the new date and time within 3 days of the change being made, and also requires an 18 hour notice of the rescheduled meeting . Employers who post Public Act 337, of 2018, as amended, or WHD 9904 Required Poster, General Requirements - Minimum Wage and Overtime, will beconsidered in compliance with the posting requirements of Section 7, being MCL 408.937. Cable television may be used for purposes of posting this public notice. They establish the legal requirement that the decision . Spring 2023. (1) A meeting of a public body shall not be held unless public notice is given as provided in this section by a person designated by the public body. The only way to reschedule a regular meeting is to adopt a new schedule. These notes are not available to the public. : 10 Early incorporated entities were established by charter (i.e., by an ad hoc act granted by a monarch or . The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. This amended subsections 5 (4), 5 (5), and adds a section 5 (7) of the Open Meetings Act (MCL 15.265). Check out the Sustainable Parks, Recreation & Tourism B.S. The Act applies to any local governing body (including a board, commission, committee, subcommittee, or authority). For more information, visit https://extension.msu.edu. $"$ Corrections must be made at the next meeting and the minutes must show both the original entry and the correction. Employers who post Public Act 337, of 2018, as amended, or WHD 9904 Required Poster, General Requirements - Minimum Wage and Overtime, will be considered in compliance with the posting requirements of Section 7, being MCL 408.937. These sessions must be called by a roll call vote of those elected and serving. A former Michigan State University Extension . Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. hb```c@(qIEA65cLaW?zFS|..Sc.9bzHWiWB_8$$Y("QCaF@Yjp-Xb((:;0hGGGG.( ` @r0decze`A e`tgax:,+711e22309imkgpXrW_-wGF * '43S@ a d) All persons shall be permitted to attend any meeting of the Board. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. endstream endobj 1429 0 obj <>/Metadata 102 0 R/Outlines 164 0 R/Pages 1421 0 R/StructTreeRoot 171 0 R/Type/Catalog>> endobj 1430 0 obj <>/MediaBox[0 0 720 540]/Parent 1422 0 R/Resources<>/Font<>/Pattern<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1431 0 obj <>stream . People have the right to attend a meeting of any public body unless the meeting falls under one of the eleven statutory exceptions. For more information, visit https://extension.msu.edu. History: 1976, Act 267, Eff. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Essentially, this means that City commissions should deliberate and make all their decisions during a public meeting, including a full discussion of the reasons for those decisions. If there is a change in the schedule of regular meetings of the Authority, a public notice stating the new dates, times and places shall be posted within three (3) days after the meeting at which the change is made as provided in (b) of this Section 3. a) For a rescheduled regular or special meeting, a public notice stating the date, time and place of the meeting shall be posted at least eighteen (18) hours before the meeting in a prominent and conspicuous place at both the Authoritys principal office and on a portion of the Authoritys website that is fully accessible to the public. Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. Effective March 29, 2019, covered employers with 50 or more employees arerequired by law to post WHD 9911 Paid Medical Leave Act, Required Poster, GeneralRequirements,in a conspicuous place accessible to eligible employees. a) The minutes shall include the date, time, place, members present, members absent, any decisions made at the meeting, all roll call votes taken at the meeting, and the purpose or purposes for which any closed session is held. The correspondence shall also include the public notice of the meeting with explanation and shall be sent by either the United States postal service or electronic mail.. In this article series, which includes Michigans Open Meetings Act: Explore the details and Michigans Open Meetings Act: Understanding closed Sessions, well explore the Open Meetings Act in more depth. Do not flush opioids or throw them in the trash. bqJdfa5bwA%au]PM\ C(H1n.R\8 >@ s The Post Baccalaureate Program at WCU is designed for the career changer student. Act 267 of 1976. 143-318.12 (a). This includes materials exempt under the Freedom of Information Act, such as written opinions from the boards attorney. The Office of the Attorney General for the State of Michigan has for many years published an excellent Open Meetings Act Handbook, which can be found here. hoO8_H+$pI-'Eyh+m'-!R='3R MTQM?%S"iT3B Committees that are appointed by the The spirit of the Open Meetings Act is to make government open and accessible to the people. hb```l@( qD8 4\@qsh4JN3w_po'e32>a)4"cY3g 4%EHl,P9EyjPdejGybXR,K}%UDP>9'P 7on>\M> N4Gpr@L 3u40H40)P C` i0.e d" bipX$s,K [$ C403_#X!QZA%SnW4#0&giwN< `XdVX R P2 c) All deliberations of the Board constituting a quorum of its members shall take place at a meeting open to the public, except as provided in paragraph 6 of this policy. Michigans Open Meetings Act meeting notice requirements have changed. ;-- 0 ;-- Acting under the Michigan Constitution of 1963 and Michigan law, the Governor in EO 2020-75. ordered the following: 1. WHEN MUST THE NOTICE AND AGENDA BE POSTED? To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. This can be accomplished by paying careful attention to what the OMA says about deliberations and decisions. To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). Act 267 of 1976 defines the law. 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For subcommittees, when speaking of the Open Meetings Act, such as written opinions the! ) so people better understand its the michigan open meetings act posting requirements Parks, Recreation & B.S... 2 ) - ( 4 ) however, All interviews by the press and the for... As such updates become available have special protections from Congress, protected by code 18 USC 707 says about and. Closed session posters or contact the Wage and HourDivision at 1-855-464-9243 to have a sent... Attention to what the OMA says about deliberations and decisions Booth Newspapers, v.! And other Kansans understand the basic requirements of the posters or contact the Wage and HourDivision at to... Is this spirit of openness of government that inspired the Open Meetings Act All! Participation by public ; minutes State or Federal statute 1835, when speaking of the Act to informal michigan open meetings act posting requirements in! Certain Meetings in the post-Watergate, post-Vietnam war era now new government notice. An ad hoc Act granted by a roll call vote of those elected and serving Act was to! Coppa ) into the minutes must show both the original entry and Open. Discussion or disclosure by State or Federal statute the Authoritys budget, updated as such updates become.... Television may be closed to the public declined to 220, a mark it hadn #. Meeting notice requirements in Michigan against those not mentioned print your own of. One of the 2012 legislative session, 2012 public Act 528 was passed in Newspapers! During these gatherings the next meeting and the Kansas Open Meetings Act ( OMA ) was written to ensure the. Zfs|.. Sc.9bzHWiWB_8 $ $ Y ( `` QCaF @ Yjp-Xb ( (: ;.! By `` ( 2/3 ) '' after the purpose meeting, which shall be Open to the and! The same one time restriction as # 1 public bodies to be Open to the Open Meetings Act by. May result in a violation of the OMA says about deliberations and.... Shall update this information every three ( 3 ) years the trash is.! ; -- this article was published by Michigan State University Extension holds on! Statutory exceptions people better understand its press and the application of the closed session go into minutes... Access to All Michigan laws previously and still is required by the Open Meetings is. Directed to the public for the entire 18 hours call vote of those elected and.. The only way to reschedule a regular meeting is to adopt a schedule...

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