CITY OF ROANOKE MUNICIPAL AUDITING REPORT - Solid Waste Management Early Release Time
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MUNICIPAL AUDITING REPORT CITY OF ROANOKE Solid Waste Management Early Release Time May 13, 2021 Report Number: 21-009 Audit Plan Number: 21-307 Municipal Auditing Department Chartered 1974 www.roanokeva.gov/auditing Phone 540.853.5235
TABLE OF CONTENTS Summary of Complaint ...................................................................................... 1 Investigation Objectives & Conclusions ............................................................ 1 Background ....................................................................................................... 2 Objective 1 – SWM Time Review ...................................................................... 5 Management Comments ................................................................................... 16 Acknowledgments ............................................................................................ 16 Exhibit 1 – Complaint Summary & Disposition Exhibit 2 – Memorandum from Management Dated April 2, 2021
May 13, 2021 Report # 21-009 SUMMARY OF COMPLAINT The complaints allege that Solid Waste Management (SWM) employees routinely complete their routes early and are paid for hours not worked (i.e., early release time), while also being paid overtime for all hours worked to clear roads during snow events. INVESTIGATION OBJECTIVES & CONCLUSIONS 1. Are Solid Waste Management employees regularly paid for hours not worked? Yes – We identified a notable increase in early release time since early 2020. Early Release Time (ERT) increased from an average of 6.82 hours per employee per month in 2019 to 23.48 hours per employee per month in 2020. ERT continued to trend high in the first two (2) months of 2021, averaging 25.47 hours per employee per month. Management Comments: The increase in early release time in 2020 was primarily due to the COVID-19 Pandemic and the need for employees to leave the Public Works Service Center after completing the assigned daily tasks. This action reduced the number of employees congregating at the end of the service day. This was in accordance with guidelines from the CDC on reducing the number of people congregating. 2. Are early release hours counted toward the 40 hour threshold when computing overtime pay for Solid Waste Management employees? Yes – Employees can be paid for early release hours and overtime hours in the same work week. Early release hours are credited each day and are not netted against extra hours worked other days of the work week. Additionally, when solid waste services are suspended for snow and Solid Waste employees are needed for snow plow operations, they are given early release hours for their full shift and additional pay for the time spent operating the snow plows. Snow plows are operated in 12 hour shifts: day shift is paid 150% of the employee’s hourly rate; night shift is paid at 200% of the normal hourly rate. Management Comments: Employees do not earn early release hours. Coding time as Early Release is the method by which early release meets the requirements for payroll time entry to account for hours within the pay cycle and for tracking early release time. All snow operations personnel are paid time and a half during the 12 hour day shift during snow operations and double time during the 12 hour night shift. This includes employees from Public Works, Parks and Recreation, and General Services. It should be noted that in Public Works and the other departments that assist with snow operations, when employees are sent home during the day to return to work the night shift, their time for the remainder of the work day is not adjusted. That is the operational aspect of snow operations and deployment of resources. End of Objectives & Conclusions Page 1
May 13, 2021 Report # 21-009 BACKGROUND The Solid Waste Division currently provides weekly curbside and alley collection of refuse, bulk and brush, and every other week recycling to City residents and small businesses. Weekly waste collection services are provided to approximately 42,000 households, and are generally limited to detached, single-family homes and townhomes living in four units or less. Approximately 3,500 residents and employers utilize five (5) City-owned sealed compactors located in the Downtown Business District. Residents and businesses within each compactor zone are responsible for transporting trash and recyclable material to the compactors. A third party vendor collects the trash and the City’s Solid Waste Management employees collect the recycling several times a day including evenings, holidays, and weekends. Overtime is used for Saturday morning, Saturday night, and Sunday morning solid waste collection. The City also collects leaves during four (4) weeks each year beginning in November. Brush collection continues during these weeks, as normal. Solid Waste Management assists elderly and handicapped residents who are unable to move their trash receptacles to the curb or alley. Assistance is also provided to residents who have topographical issues that create an undue hardship. There are currently just over 1,000 addresses designated as physically or topographically challenged. Per management, there are established routes each day. Each scheduled collection day is different with respect to the number of automated routes and semi-automated routes. As automated and semi-automated routes are completed, resources are assigned to help on other routes, if needed. Front-line collection staff return to the Public Works Service Center after completing their assigned collection work for the day. After returning to the Public Works Service Center, crews complete post trip work that includes disinfecting vehicles and cleaning residual trash that accumulates in certain compartments of the body of their vehicles. Solid Waste Management operates on a modified task system. Given that collection is divided into four geographic areas with each having a designated collection day, there is no additional work until the next collection day. There are a number of factors which impact the amount of time required to complete daily collection activities. The factors include the size of each route, the number of cans set out, the volume of bulk and brush items, the availability of equipment (equipment downtime), the time of year (seasonality), and the level of paid leave being taken. Solid Waste Management Staffing City budgets for fiscal years 2012 through 2021 report that Solid Waste Management has budgeted 57 positions annually for the last nine years. The adopted budget offers for FY21 included the following allocation of full time equivalent employees for solid waste services: Page 2
May 13, 2021 Report # 21-009 Service Supv Driver Worker Manager AdmAsst AcctTech Brush .20 4.00 0.00 Bulk .30 4.50 2.90 Cent Business Dist .20 1.00 0.00 Physically Challenged .20 1.50 1.00 Recycle .50 5.50 5.10 .50 .50 .50 Trash Collection 1.00 14.50 4.00 .50 .50 .50 Totals: 2.40* 31.00 13.00 1.00 1.00 1.00 * Other services were allocated the remaining portion of the third supervisor position; they were: - Inspectors (4 FTE) - Container Distribution (1 FTE) - Call Center (2 FTE) Solid Waste Management’s budget proposals for fiscal 2022 included 57 positions as of April 8, 2021. The City’s financial system reports the following expenditures for Solid Waste Management: Solid Waste Expenditures Sanitation & Waste 7,000,000 6,000,000 5,000,000 3,230,334 2,851,580 2,584,758 4,000,000 2,052,472 3,000,000 2,000,000 2,872,681 2,927,452 2,962,997 1,000,000 2,166,282 ‐ FY17‐18 FY18‐19 FY19‐20 FY20‐21* Personnel Operating Exp Internal Services (Risk Management) Other Operating Exp * As reported thru March 31, 2021 (75% of fiscal year 2021) Page 3
May 13, 2021 Report # 21-009 Solid Waste Management operates all field staff on four (4) Solid Waste Overtime Wages 10 hour days, covering 122 $140,000 $124,495 planned routes Monday through $120,000 $93,443 $96,448 Thursday. When the City closes $100,000 for holidays falling on Mondays, $80,000 $55,087 employees are paid 10 hours for $60,000 the holiday and collections are $40,000 shifted to Tuesday through $20,000 Friday. The following Monday, $‐ FY17‐18 FY18‐19 FY19‐20 FY20‐21* Solid Waste reverts back to the regular schedule. Based on the City’s defined work week running Tuesday through Monday, this results in five (5) 10 hour work days falling within the work week and solid waste employees earning overtime on the final day (Monday). Unplanned overtime can occur when bulk and brush volumes increase following floods and other natural disasters, due to equipment failure, and when supporting special events. Management noted that Solid Waste Management employees receiving early release time are full-time, FLSA non-exempt employees, and that management does not have the ability to adjust their salaries for early release. End of Background Page 4
May 13, 2021 Report # 21-009 Objective 1: SWM Time Review OBJECTIVES: Are Solid Waste Management employees regularly paid for hours not worked? Yes Are early release hours counted toward the 40 hour threshold when computing overtime pay for Solid Waste Management employees? Yes SCOPE: We reviewed time and attendance data in the NovaTime system, and corresponding payroll data in the Lawson system from January 1, 2019 through March 8, 2021, for Solid Waste Management employees. We interviewed the person who enters early release time and other edits into the NovaTime system for the Solid Waste Management division. There were no written policies or procedures addressing the use of early release time or other aspects of managing day-to-day staffing levels within the parameters of management’s daily staffing needs chart (See Exhibit 2 for Chart). Page 5
May 13, 2021 Report # 21-009 RESULTS: Early Release Time (ERT) The raw data in the NovaTime system indicates a considerable increase in early release time began in March 2020: SWM Early Release Hours ‐ 2019 500 450 462 438 432 400 371 367 350 344 298 322 300 298 275 250 200 178 150 143 100 50 0 Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 2019 SWM Early Release Hours ‐ 2020 7,000 6,000 5,570 5,741 5,384 5,421 5,084 5,000 5,017 4,837 4,468 4,790 4,000 3,000 2,000 1,000 1,243 357 ‐ 13 Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 Upon closer review of the data, we discovered that edits of clock in times using the ERT reason code erroneously marked actual hours worked as being early release time. We also noted instances in which employees clocked in and out using the ERT code. Page 6
May 13, 2021 Report # 21-009 We removed the following early release hours from the NovaTime data to more accurately reflect actual ERT: 2020 Invalid Entries Hours recorded for seven (7) employees on four (4) dates in January 2020 as 100% ERT hours Hours recorded as ERT starting at 6:23 AM paired with a clock out time between 1:01 to 6:08 PM All ERT hours recorded from 9/29/20 – 10/2/20 and from 10/5/20 – 10/6/20 when employees were not allowed to enter the building to clock in/out due to COVID-19 cases. The Administrative Assistant manually entered 10 hours each day for each employee, all coded as early release time Hours recorded as ERT for the two (2) Customer Service Specialists throughout the year; incorrectly coded as early release Hours marked as ERT in NovaTime which were paid as Leave or Holiday Taken time for eight (8) different employees on various dates throughout the year Hours marked as ERT for six (6) employees who reported to work for one (1) to three (3) hours before clocking out for the day due to illness or other events for which they reported paid leave. 2021 Invalid Entries Hours recorded as ERT which were actually Temporary Employee pay or COVID pay for two (2) different employees on 1/6/21 and 2/23/21 Hours recorded as ERT starting at 6:00 AM paired with clock out times between 2:55 to 5:02 PM Hours recorded as ERT for the 8 hour / day Customer Service Specialist The following chart shows the magnitude of our adjustments to the NovaTime data to more correctly report ERT: Page 7
May 13, 2021 Report # 21-009 Early Release Hours ‐ Raw vs Adjusted Data January 1, 2019 ‐March 8, 2021 55,000 47,923 45,000 35,000 25,000 15,000 13,245 3,927 3,927 5,461 5,000 2,705 (5,000) 2019 2020 2021 * Raw Data Adjusted Data The revised 2020 monthly fluctuations are illustrated on the following chart: 2020 Early Release Time 2,000 1,800 1,719 1,717 1,600 1,462 1,497 1,400 1,396 1,231 1,200 1,077 1,000 947 1,108 800 787 600 400 293 200 ‐ 13 Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 ERT increased from an average of 6.82 hours per employee per month in 2019 to 23.48 hours per employee per month in 2020. ERT continued to trend high in the first two (2) months of 2021, averaging 25.47 hours per employee per month. Page 8
May 13, 2021 Report # 21-009 The majority of Solid Waste Management employees (46 of 51) were credited more than 300 early release hours in 2020; four (4) were credited more than 400 hours for the year. In 2019, no employee was credited more than 113 hours of early release time for the year. Based on the average ($30,919) and median salary ($31,251) of the 53 employees who were paid ERT in calendar 2020, we estimate ERT costs were between $196,888 and $199,000. The increase in ERT cost from CY19 to CY20 was approximately $138,000. Analysis of ERT hours by job title shows the largest accumulation of hours by SWM Equipment Operators: Early Release Time by Job Title 1/1/19 - 3/8/21 659.50 280.25 5,166.75 Collection Inspector Container Distributor Sanitation Worker 13,672.50 SWM Equipment Operator ** Hours for the 2 Customer Service Specialists were not included in the above chart, as they were minimal 98 hours for both employees combined during the period. We noted the following new hire and termination activity in the Solid Waste division: New Hires Terminations 2019 15 18 2020 7 3 2021 1 1 The last equipment operator was hired 3/24/20; no additional employees have been hired since February 9, 2021. Page 9
May 13, 2021 Report # 21-009 Correlation Between Paid Leave and Early Release Time Management indicated the use of employee paid leave hours substantially dropped during 2020. Our analysis of paid leave data shows the two months with the largest declines (April and July) experienced the highest ERT hours: LEAVE HOURS (ALL TYPES) 2019 2020 Change % 2021 Change % January 1907.00 1745.75 (161.25) ‐8.46% 1979.25 72.25 3.79% February 1682.25 1407.00 (275.25) ‐16.36% 1501.50 (180.75) ‐10.74% March 1257.25 1047.50 (209.75) ‐16.68% ‐ ‐ ‐ April 1852.25 609.00 (1,243.25) ‐67.12% ‐ ‐ ‐ May 1838.00 1007.25 (830.75) ‐45.20% ‐ ‐ ‐ June 1397.00 882.75 (514.25) ‐36.81% ‐ ‐ ‐ July 1791.00 958.75 (832.25) ‐46.47% ‐ ‐ ‐ August 1579.75 1075.25 (504.50) ‐31.94% ‐ ‐ ‐ September 1677.75 1561.25 (116.50) ‐6.94% ‐ ‐ ‐ October 917.50 1569.50 652.00 71.06% ‐ ‐ ‐ November 1254.25 1518.25 264.00 21.05% ‐ ‐ ‐ December 1722.00 1388.75 (333.25) ‐19.35% ‐ ‐ ‐ (4,105.00) (108.50) EARLY RELEASE TIME HOURS 2019 2020 Change % 2021 Change % January 461.75 293.25 (168.50) ‐36.49% 1,129.00 667.25 144.50% February 370.75 12.75 (358.00) ‐96.56% 1,136.25 765.50 206.47% March 178.25 787.25 609.00 341.65% ‐ ‐ ‐ April 143.25 1,718.50 1,575.25 1099.65% ‐ ‐ ‐ May 297.50 1,396.00 1,098.50 369.24% ‐ ‐ ‐ June 274.75 1,461.75 1,187.00 432.03% ‐ ‐ ‐ July 366.75 1,716.75 1,350.00 368.10% ‐ ‐ ‐ August 322.25 1,231.25 909.00 282.08% ‐ ‐ ‐ September 438.00 1,107.75 669.75 152.91% ‐ ‐ ‐ October 431.75 1,076.50 644.75 149.33% ‐ ‐ ‐ November 297.75 946.75 649.00 217.97% ‐ ‐ ‐ December 344.00 1,496.50 1,152.50 335.03% ‐ ‐ ‐ 9,318.25 1,432.75 Page 10
May 13, 2021 Report # 21-009 The following graph shows the direct correlation between leave time and early release time each month during the review period: Leave Hours vs ERT Hours ‐ 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 January 2019 February 2019 March 2019 April 2019 May 2019 June 2019 July 2019 August 2019 September 2019 October 2019 November 2019 December 2019 January 2020 February 2020 March 2020 April 2020 May 2020 June 2020 July 2020 August 2020 September 2020 October 2020 November 2020 December 2020 January 2021 February 2021 Leave Hours ERT Hours Page 11
May 13, 2021 Report # 21-009 Sick and Extended Illness leave accounts for a substantial proportion of overall leave that was used by employees beginning in September 2020. Per Management, Solid Waste began experiencing an increase in employees that were COVID positive and / or had to be quarantined due to exposure to someone who was COVID positive: 2019 2020 Change % 2021 Change % January 341.25 260.00 (81.25) ‐23.81% 768.75 427.50 125.27% February 292.50 342.75 50.25 17.18% 701.75 409.25 139.91% March 185.50 282.00 96.50 52.02% ‐ ‐ ‐ April 480.50 207.00 (273.50) ‐56.92% ‐ ‐ ‐ May 147.00 120.00 (27.00) ‐18.37% ‐ ‐ ‐ June 196.50 175.25 (21.25) ‐10.81% ‐ ‐ ‐ July 534.25 244.50 (289.75) ‐54.23% ‐ ‐ ‐ August 757.00 319.75 (437.25) ‐57.76% ‐ ‐ ‐ September 570.50 679.00 108.50 19.02% ‐ ‐ ‐ October 241.50 968.00 726.50 300.83% ‐ ‐ ‐ November 107.50 402.75 295.25 274.65% ‐ ‐ ‐ December 564.25 630.75 66.50 11.79% ‐ ‐ ‐ Sick and Extended Illness Leave by Month 1/1/19 ‐ 2/28/21 1200 1000 800 600 400 200 0 2019 2020 2021 Page 12
May 13, 2021 Report # 21-009 Absent without pay (AWOP) and Disciplinary Hours in 2019 were notably higher than in 2020: 2019 2020 Change % 2021 Change % January 117.00 92.50 (24.50) ‐20.94% 131.50 14.50 12.39% February 462.50 17.75 (444.75) ‐96.16% 10.00 (452.50) ‐97.84% March 474.00 10.00 (464.00) ‐97.89% ‐ ‐ ‐ April 523.00 20.00 (503.00) ‐96.18% ‐ ‐ ‐ May 376.00 23.25 (352.75) ‐93.82% ‐ ‐ ‐ June 360.00 49.25 (310.75) ‐86.32% ‐ ‐ ‐ July 60.25 70.00 9.75 16.18% ‐ ‐ ‐ August 191.00 67.25 (123.75) ‐64.79% ‐ ‐ ‐ September 78.00 91.75 13.75 17.63% ‐ ‐ ‐ October 100.00 10.00 (90.00) ‐90.00% ‐ ‐ ‐ November 10.00 12.25 2.25 22.50% ‐ ‐ ‐ December 95.50 2.25 (93.25) ‐97.64% ‐ ‐ ‐ AWOP and Disciplinary Hours 1/1/19 ‐ 2/28/21 600 500 400 300 200 100 0 2019 2020 2021 We confirmed that employees used 4,105 hours less leave time in CY20 compared to CY19, a nearly 22% reduction. SWM has no formal workforce management plan that addresses daily staffing requirements, leave management, and utilization of early release hours to address unusual fluctuations in service demands. MANAGEMENT COMMENTS: Early release time is reported up the chain of command to the Director of General Services and Deputy City Manager. Prior to the COVID-19 Pandemic, front- line collection staff would be released as a group after all scheduled routes had been completed Page 13
May 13, 2021 Report # 21-009 for the day. This practice was changed during the Pandemic, with front-line collection staff released on an individual basis after completing assigned work for the day. This change in practice mitigates the total number of people congregating in the Public Works Assembly Room waiting to be released as a group. Mitigating the number of people who congregate in a given area has been identified as a best practice during the COVID-19 Pandemic. This change in practice, coupled with the reduced leave taken by employees due to travel restrictions during the Pandemic, are largely responsible for the increases experienced in early release time during 2020 and 2021. Overtime and Early Release Time As reported in the NovaTime system, adjusted for ERT coding errors: OT vs ERT Hours 1/1/19 ‐ 2/28/21 14,000 13,245 12,000 10,000 8,000 6,000 5,052 3,927 4,000 3,244 2,265 1,453 2,000 ‐ 2019 2020 2021* OT Hrs ERT Hours OT Hours 2019 2020 Change % 2021 Change % January 1,057.50 718.00 (339.50) ‐32.10% 548.50 (509.00) ‐48.13% February 477.00 513.00 36.00 7.55% 904.25 427.25 89.57% March 218.50 139.75 (78.75) ‐36.04% ‐ ‐ ‐ April 283.50 72.00 (211.50) ‐74.60% ‐ ‐ ‐ May 180.75 71.00 (109.75) ‐60.72% ‐ ‐ ‐ June 421.25 391.25 (30.00) ‐7.12% ‐ ‐ ‐ July 512.25 78.00 (434.25) ‐84.77% ‐ ‐ ‐ August 239.25 129.25 (110.00) ‐45.98% ‐ ‐ ‐ September 502.00 463.00 (39.00) ‐7.77% ‐ ‐ ‐ October 344.00 89.50 (254.50) ‐73.98% ‐ ‐ ‐ November 206.50 300.75 94.25 45.64% ‐ ‐ ‐ December 609.00 278.50 (330.50) ‐54.27% ‐ ‐ ‐ (1,807.50) Page 14
May 13, 2021 Report # 21-009 Employees can be credited early release hours and overtime hours in the same work week. The City’s defined work week for wage and hour calculations runs Tuesday through Monday. Solid Waste Management typically works 10 hour days, Monday through Thursday, with Fridays off. When a holiday falls on Monday, solid waste employees work Tuesday through Friday of that week, then resume Monday routes the following week. This results in five (5) work days falling within the wage and hour work week. By entering early release time daily to bring employees up to 10 hours, the system treats any hours clocked the following Monday as overtime. As a result, the City pays more overtime than required by city policy and federal regulations. We also looked at a sample of 14 employees who were credited with early release time and overtime in the same pay period when a holiday was not involved. As we noted previously, early release time is credited daily to bring employees up to 10 hours. If an employee works more than 10 hours on a given day, no adjustment is made to reduce ERT on other days. As a result, the City essentially pays overtime on a daily basis rather than the normal weekly basis applied to other city employees. However, this infrequently occurs given the excess capacity in solid waste operations. When Solid Waste employees are needed for snow plow operations, they are given credit for working their full shift when solid waste services are suspended. Snow plows are operated in 12 hour shifts: day shift is paid 150% of the employee’s hourly rate; night shift is paid at 200% of the normal hourly rate. City Management provided a response to the allegations in advance of our investigation, which we have included as Exhibit 2. Our office will perform a follow up audit at the appropriate time, once management’s planned actions are completed. End of Objective 1 Page 15
May 13, 2021 Report # 21-009 MANAGEMENT COMMENTS City Management/Administration provided a response to the allegations, via memorandum dated April 2, 2021 (attached), in advance of the investigation. Early release has been an operational practice of the Solid Waste Management Division, in various forms, for at least 40 years. Prior to the COVID-19 Pandemic, front-line collection staff would be released as a group after all scheduled routes had been completed for the day. This practice was changed during the Pandemic, with front-line collection staff released on an individual basis after completing assigned work for the day. This change in practice mitigated the total number of people congregating in the Public Works Assembly Room waiting to be released as a group. Mitigating the number of people who congregate in a given area was a best practice during the COVID-19 Pandemic. This, along with a decline in paid leave usage during the COVID-19 Pandemic, resulted in an increase in early release time. Solid Waste Management will develop procedures for the coding of early release time. Solid Waste Management recently solicited proposals for a route optimization study. This study will develop recommendations on collection routes and facilitate the development of a revised staffing model, including establishing standards of cover to provide a staffing buffer for paid leave and other factors. As front-line collection positions turnover, vacancies are not being filled. ACKNOWLEDGEMENTS We would like to thank the Solid Waste Management Division, specifically, James Hurt, Solid Waste Management Administrative Assistant II, for his cooperation and assistance throughout the Investigation. We would also like to thank Jody Lawson, Payroll and Systems Supervisor, and Suzanne Barnett, Payroll Accountant, for their assistance with the NovaTime data. Drew Harmon, CPA, CIA Cari Spichek, CIA Municipal Auditor Senior Auditor Page 16
EXHIBIT 1 – Complaint Summary & Disposition Complaint Disposition Notes Solid Waste employees Substantiated Once routes are completed each day, the majority regularly finish routes early, of Solid Waste Management employees are and therefore routinely work released with clock-out time through 5:00 PM 30 hours a week but are credited as early release time (ERT). Time being paid for 40 hours. records show an increase in ERT for Solid Waste Management employees from an average of 6.82 hours per employee per month in 2019 to 23.48 hours per employee per month in 2020. ERT continued to trend high in the first two (2) months of 2021, averaging 25.47 hours per employee per month. Solid Waste employees were Substantiated Employees can earn early release hours and paid overtime when it overtime hours in the same work week. When snowed but did not work Solid Waste employees are needed for snow plow more than 40 hours per operations, they are given credit for working their week. full shift when solid waste services are suspended. Snow plows are operated in 12 hour shifts: day shift is paid 150% of the employee’s hourly rate; night shift is paid at 200% of the normal hourly rate. Definitions: Unsubstantiated - Allegations not supported by the evidence Substantiated - Allegations supported by the evidence Inconclusive - Evidence inadequate to make a determination Not Evaluated - Allegation presents no risk to the city and was not investigated Referred - Allegation was referred to another department or agency for investigation
EXHIBIT 2 - Management Response
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