A U N I T E D V O I C E F O R M I S S O U R I M U N I C I PA L L E A G U E C O M M U N I T I E S
THE MISSOURI MUNICIPAL March/April 2019
Medical Marijuana And Amendment 2 DronesGovernment Flying Into Future | Investing Public Funds www.mocities.com Municipal 101Your • Positive Policing • Annual Conference Photos
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THE MISSOURI MUNICIPAL
March/April 2019; Volume 84, No. 2
CONTENTS Features 5 Medical Marijuana And Amendment 2 by Padraic Corcoran
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Drones Flying Into Your Future by Ken Heinz
14 Investing Public Funds: What You Need To Know by Bruce A. Ring, Jr.
17 Springfield Gives 5: Civic
Engagement Program Addresses Five Common Community Challenges by Greg Burris and Cora Scott
22 Partnerships With The Humane Society Of Missouri
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by Debbie Hill
Departments 28 Local Government Review: MML Legislative Conference Photos
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MML Calendar Of Events/ Members' Notes
MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Council Member Chris Lievsay, Blue Springs: Vice President: Tim Grenke, Mayor, Centralia; Eric Berlin, City Administrator, North Kansas City; Rob Binney, Council Member, Lee's Summit; Paul Campo, Attorney, Williams and Campo, PC; Chuck Caverly, Councilman, Maryland Heights; Adam Couch, Mayor, Odessa; Michele DeShay, Mayor, Moline Acres; Sally Faith, Mayor, St. Charles; Joe Garritano, Council Member, Wildwood; DJ Gehrt, City Administrator, Platte City; Barry Glantz, Mayor, Creve Coeur; Debra Hickey, Mayor, Battlefield; *Bill Kolas, Mayor, Higginsville; *Norman McCourt, Mayor, Black Jack; Marcella McCoy, Finance Director, Harrisonville; Susan McVey, Council Member, Poplar Bluff; Cindy Pool, Council Member, Ellisville; *Immediate Past President Matthew G. Robinson, Mayor, Hazelwood;*Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Samuel Snider, Alderman, Willard; Scott Wagner, Council Member, Kansas City; *Gerry Welch, Mayor, Webster Groves; Jeanie Woerner, City Clerk, Raymore *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Dan Ross, Richard Sheets, Lori Noe Contributing Editors The Review March/April 2019; Volume 84, No. 2 The Missouri Municipal Review (ISSN 00266647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109. To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com. Website: www.mocities.com. www.mocities.com
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FEATURE Review by Padraic Corcoran
Medical Marijuana And Amendment 2 The Times, They Are A Changin' After the passage of Amendment 2 on Nov., 6, 2018, Missouri became the 32nd state in the country to allow for the use of marijuana as a treatment for certain, specified medical conditions. Now enacted as Article XIV of the Missouri Constitution, the overarching purpose of Amendment 2 is to allow for the cultivation, production, transportation, sale, purchase and administration of medical marijuana; to ensure patient access to medical marijuana; and to make changes to Missouri law necessary to implement Amendment 2. The purpose of this article is to give an overview of Amendment 2, including discussion on what type of facilities and identification cards the amendment allows for, and discuss specific topics of concern to local government entities.
Medical Marijuana Facilities, Identification Cards, And The Role Of The Department Of Health And Senior Services As stated above, the overarching purpose of Amendment 2 is to allow for the cultivation, production, transportation, sale, purchase and administration of medical marijuana. To accomplish this purpose, Amendment 2 creates four types of medical marijuana facilities and three types of identification cards while granting the Department of Health and Senior Services (DHSS) the ability to regulate the licensing and approval of the facilities and identification cards. This section will first discuss the different types of facilities and identification cards and then outline DHSS’s role in regulating facilities and approving identification cards.
Medical Marijuana Facilities Amendment 2 creates and designates four types of medical marijuana facilities: (1) medical marijuana cultivation facilities; (2) medical marijuana infused products facilities; (3) medical marijuana dispensary facilities; and (4) medical marijuana testing facilities. The names used by the drafters of Amendment 2 for each type of facility generally describes
the role of each facility: Medical marijuana cultivation facilities cultivate medical marijuana; medical marijuana infused products facilities infuse medical marijuana; medical marijuana dispensary facilities dispense medical marijuana to qualifying patients and primary caregivers; and medical marijuana testing facilities are certified by DHSS to test medical marijuana. In addition to defining the roles of each of the medical marijuana facilities, Amendment 2 authorizes DHSS to limit the number of each type of facility. Specifically, Amendment 2 allows DHSS to limit medical marijuana cultivation facilities to 1 per 100,000 inhabitants (roughly 61 statewide); medical marijuana infused products facilities to 1 per 70,000 inhabitants (roughly 87 statewide); and medical marijuana dispensary facilities to 24 per the 8 United States Congressional Districts in Missouri (roughly 192 statewide).
Identification and Primary Caregiver Cards Amendment 2 creates three, separate identification cards that may be obtained by persons who have a qualifying condition or are designated as a primary caregiver to an individual with a qualifying condition. The three identification cards established by Amendment 2 are (1) qualifying patient identification cards; (2) qualifying patient cultivation card; and (3) primary caregiver identification cards. Similar to how the various titles given to medical marijuana facilities describe their role in the production of medical marijuana, the titles given to the different identification cards also describe their role in the administration of medical marijuana. Qualifying patient identification cards are for persons with qualifying conditions, discussed below, to identify themselves as having the right to possess medical marijuana. Qualifying patient cultivation cards allow for qualifying patients to cultivate up to six flowering marijuana plants in an enclosed, locked facility for their personal use. Finally, primary caregiver identification cards are for people
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Photos courtesy of Jennifer Silverberg Photography
who qualify to act as a caregiver for qualifying patients and allows primary caregivers to possess, administer and cultivate medical marijuana under certain circumstances for qualifying patients. To be considered a qualifying patient, and thus be eligible to receive a qualifying patient identification card or qualifying patient cultivation card, an individual must first obtain certification from a physician that they have a qualifying condition. There are 10 qualifying conditions; however, several of the listed conditions are broader than one, single condition. Qualifying conditions; include cancer; epilepsy; glaucoma; chronic medical conditions that cause severe, persistent pain; and chronic medical conditions usually treated with prescription medication that could lead to dependence. A full list of qualifying conditions can be found in Article XIV, Section 2, Subsection 15.
The Role Of The Department Of Health And Human Services In The Medical Marijuana Landscape The role of the DHSS under Amendment 2 is to act primarily as the regulatory body overseeing medical marijuana. In this role, DHSS promulgates rules regarding medical marijuana facilities and holders of identification cards, issues licenses to medical marijuana facilities, and approves applications for persons seeking an identification card. Amendment 2 further grants DHSS the authority to issue rules relating to a broad variety of topics concerning medical marijuana, including control of information and product displays; instructions or guidance for local governments; security requirements for licensed or certified premises; the reporting and transmittal of tax payments; and seed-to-sale tracking systems. Amendment 2 sets out timelines for DHSS to implement their regulatory scheme. The timeline put in place by Amendment 2 is as follows: June 4, 2019: Application forms and instructions for medical marijuana facilities, qualifying patients, and caregivers will be available.
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July 4, 2019: Applications for identification cards for qualifying patients and caregivers will begin to be accepted. Aug. 3, 2019: Facility applications will begin to be accepted. Aug. 4, 2019: Deadline for approval of applications for identification cards accepted on July 4, 2019 Dec. 31, 2019: Deadline for approval of facility applications accepted on Aug. 3, 2019.
Provisions Of Amendment 2 With Direct Impacts On Local Government Entities While Amendment 2 presents significant issues for both public and private entities, there are certain provisions that are of distinct concern for municipalities, including provisions relating to municipal regulatory authority, policing and taxation. This section will discuss various provisions from Amendment 2 that directly relate to cities, specifically provisions that deal with municipal regulation and policing of medical marijuana, employment and taxation.
Municipal Regulation Under Amendment 2 As discussed previously, one of the overarching purposes of Amendment 2 is to ensure patient access to medical marijuana. One way that Amendment 2 accomplishes this goal is by partially preempting municipal regulatory authority over medical marijuana. Amendment 2 expressly prohibits municipalities from banning or practically banning medical marijuana facilities through overly burdensome regulations. Even though Amendment 2 restricts municipal regulatory authority, it does provide two specific avenues for municipal regulation. The first, is the Amendment 2’s imposed, 1000-foot separation requirement; the second is Amendment 2’s grant of authority to local governments to regulate the “time, place and manner” of the operation of medical marijuana facilities, as long as the regulations are not unduly burdensome. Amendment 2 includes a default land-use regulation in
that it explicitly prohibits medical marijuana facilities from originally sitting within 1,000 feet of any elementary or secondary school, child daycare center and church unless a city decides to decrease the spacing requirement. There has been significant discussion around this provision, mainly regarding where to start and end the 1,000-foot measurement. Due to Amendment 2’s specific reference to the actual facility in its separation provision, it is reasonable to interpret that the 1,000 feet should be measured from the building housing the medical marijuana facility to the building housing the protected entity (e.g., elementary or secondary school, child daycare center, or church). However, Section 311.080 RSMo contains a similar separation requirement for premises licensed to sell intoxicating liquor and churches and schools. In State ex rel. Casey’s General Stores, Inc. v. Kissinger the proper measurement for Section 311.080 RSMo’s separation requirement was determined to be from the property line of the address listed on the liquor license to the protected building. Amendment 2 also permits cities to adopt regulations regarding the “time, place and manner” of the operation of medical marijuana facilities, as long as those regulations are not “unduly burdensome” on the operation of the medical marijuana facility. While this grant of authority is narrow, it is the largest and most important, grant of authority to cities in Amendment 2. It potentially implicates various municipal regulatory schemes, including zoning and business license authority. The word “time” in “time, place and manner” clearly means that cities may regulate the hours of operation of medical marijuana facilities so long as those regulations are not unduly burdensome. The use of the phrase “place and manner” appears to allow cities to adopt reasonable zoning and business license regulations and standards for medical marijuana facilities, including requiring medical marijuana facilities to obtain additional zoning approvals, such as special or conditional use permits. Common standards that should be researched and potentially implemented include standards relating to odor and ventilation; onsite usage of medical marijuana; and hours of operation. Moreover, if a city does not already generally require the submission and approval of site plans for new construction or exterior additions or alterations to commercial buildings, it would be prudent to consider implementing such a requirement. Each zoning and business license regulation and standard may vary from city to city; however, at the end of the day, the regulations and standards must not be “unduly burdensome” on the operation of the medical marijuana facility.
Finally, Amendment 2 does allow for cities to establish civil penalties for the failure of a medical marijuana facility to comply with the city’s reasonable time, place and manner restrictions.
Policing of the Use and Possession of Medical Marijuana Currently, most, if not all, offenses chapters of city codes prohibit the possession of marijuana; however, due to the passage of Amendment 2, these provisions must be amended to allow for possession under certain circumstances. Though Amendment 2 makes possession and transportation of medical marijuana legal, it specifically prohibits the consumption of medical marijuana in public places and driving under the influence of marijuana. Likewise, Amendment 2 requires that qualifying patients produce on demand their identification card or equivalent identification card from another state.
Employment and Personnel Policies Amendment 2’s effect on city employment policies and procedures is generally limited by the amendment’s specific prohibition on persons bringing claims against employers for adverse employment actions, such as the employee either being under the influence of marijuana at work, or for attempting to work while under the influence of marijuana. While Amendment 2 generally gives cities and employers the discretion to craft personnel policies that best fit their circumstances, due to the requirements of the federal law, specifically the Drug Free Workplace Act and 18 USC § 922(g)(3) that prohibits users of federally illegal drugs from possessing firearms, and licensing requirements for persons
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operating certain types of trucks or other heavy equipment remaining a drug free workplace may still be required. Also, due to marijuana use still being considered illegal drug use at the federal level, it is doubtful that the Americans with Disabilities Act requires cities to provide reasonable accommodations to qualifying patients.
Potential Revenue Increases and Implications Although Amendment 2 limits the amount of taxes that may be imposed on the sale of marijuana for medical use to only those authorized by Amendment 2, it does explicitly makes local sales and uses taxes applicable to retail sales of medical marijuana.
potentially necessitating the redrafting of personnel policies; and increasing municipal revenues through the explicit applicability of local sales taxes on the sale of medical marijuana. Padraic Corcoran is an attorney at the law firm of Williams & Campo, P.C. practicing in the areas of general municipal, land use, litigation, eminent domain, telecommunications, and real estate development/redevelopment (economic incentives) law. Williams & Campo, P.C. is a law firm based in Lee’s Summit, Missouri, that was formed for the express purpose of and is devoted to the representation of municipalities and other local government entities. Contact him at (816) 524-4646 or pcorcoran@publiclawfirm.com
Summary
Did You Know?
Amendment 2 legalizes the cultivation, production, transportation, sale, purchase and administration of marijuana for medical purposes in part through the establishment of various medical marijuana facilities and identification cards, and by granting the Department of Health and Senior Services regulatory oversight of said facilities and identification cards. Further, certain provisions of Amendment 2 markedly affect municipalities across the state, by partially preempting municipal regulatory authority over medical marijuana; requiring revisions to municipal offense provisions related to the possession of marijuana;
MML has added a medical marijuana resource page to the League's One Stop Shop on www.mocities.com that includes sample ordinances, frequently asked questions, a recorded webinar on this topic, and more. Watch for the latest resources as they become available!
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FEATURE Review by Ken Heinz
Drones Flying Into Your Future Writing an article about a drone faces a built-in challenge with the meaning of the word being linked to monotonous communication. However, that challenge is overcome by the recent burst of interest in the use of drones. Recently, the lead story on the national news was about a drone coming within 20 feet of an airport and causing a massive airport shutdown in New Jersey. The news was accompanied by a visualization of a drone causing a cavernous hole in the side of a fictitious aircraft. Similar events forced the expensive closures of Las Vegas and London’s Gatwick airports in 2018. Entertainment is full of exciting stories of military or police use of drones. Drones flights were prohibited within 30 miles of the Superbowl in Atlanta. These events illustrate the burgeoning problems with the growth of such unmanned aircrafts now streaking across our skies for many different reasons. Millions of drones are now owned by private persons. Drones with cameras can now be purchased for less than $100.
With the increase in drone use, the federal government stepped in to regulate drones in airspace. New legislation tried to adjust property owners’ airspace rights to accommodate drones while preventing them from trespassing on private property below. To accommodate the benefits aerial technology offers society, property owners’ rights are limited to what they can reasonably use. Currently, airspace at least 500 feet above ground level is generally considered navigable airspace and is regulated by the Federal Aviation Administration (FAA). This airspace does not belong to the property owner who owns the land below. Unmanned aircraft systems (UAS) present the next transformation of the traditional understanding of property owners’ rights in deference to aerial technology. Municipalities will face the task of helping to maintain a healthy balance of rights. Drones have innumerable practical applications for governmental entities, including property sur veillance;
monitoring of traffic and weather conditions; crowd control; search and rescue operations; disaster response; and law enforcement. These are contingent on the ability of drones to fly freely and legally through airspace. Drones generally fly below the FAA’s navigable airspace, in the vertical curtilage that is commonly viewed as belonging to a property owner.
Legislation And Rule-Making In 2016, pursuant to congressional authorization, the FAA released its first operational rules, “Chapter 107,” for routine use of small unmanned aircraft systems. The rules offer safety regulations for drones weighing less than 55 pounds and conducting nonhobbyist operations. These rules generally require drone operators to keep their drones within their visual line of sight. They also prohibit flights over people on the ground who are not directly participating in the drone operation. These rules also limit drone operations over property that does not
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Unmanned aircraft systems (UAS) present the next transformation of the traditional understanding of property owners’ rights in deference to aerial technology. Municipalities will face the task of helping to maintain a healthy balance of rights.
belong to the drone operator, but they do not explicitly address the rights of neighboring property owners who wish to prevent drones from operating over their property. Additionally, the FAA rules do not specifically deal with privacy issues in the use of drones and the FAA does not regulate how drones can gather data on people or property. Most legislation regarding drones does not explicitly address the trespass or privacy concerns of real property owners with regard to flying UAS over their land. Presumably state laws still apply. In the
absence of federal or state regulations granting drones the right to fly over private property without the owner’s permission, drones do not have the right to do so. Property owners may enforce their rights through trespass and invasion-of-privacy claims. Common law trespass is an invasion of the exclusive possession and physical condition of land. Therefore, a drone operator flying a drone over neighboring property below the FAA’s navigable airspace may be technically trespassing on that property.
Drones equipped with cameras that record the private activities of property owners may result in tort liability for invasion of privacy. To establish a claim for invasion of privacy based on intrusion upon seclusion, a plaintiff is required to show that the drone operator committed an unauthorized intrusion or prying into the property owner’s seclusion. The intrusion must be highly offensive or objectionable to a reasonable person. The matter intruded upon must be private and the intrusion must cause the plaintiff anguish and suffering. For aggrieved property owners, filing a lawsuit and seeking damages for trespass or invasion of privacy is not an expedient resolution to the problems posed by increasing drone usage. Litigation is slow and costly. Without an overarching regulatory scheme, property owners may resort to taking matters into their own hands.
Case Law Due to recent rapid growth of drones, there is not an existing wealth of cases interpreting drone usage. Few cases have reached the appellate decision level, but a few cases do help explain.
Private Property In 2015, a man brought down an unmanned aircraft with a shotgun as it flew over his home. The owner of the drone subsequently filed a federal claim seeking money damages for the damage caused to his drone and asking for a declaratory judgment to resolve the tension between the rights of the drone operator and the rights of property owners. The lawsuit asked the judge to issue a judgment declaring that drones are “aircraft” subject to federal law, and thus cannot be trespassing or invading property owners’ privacy when they are operating in navigable airspace. Unfortunately, the court granted a motion to dismiss based on lack of jurisdiction. Is it open season on drones? Not likely.
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Privacy Generally, the government is not required to obtain a warrant to perform public surveillance. Under the Fourth Amendment, a person has a reasonable expectation of privacy in his home but does not generally have a reasonable expectation of privacy when in public. If, however, society becomes accustomed to unrestrained drone usage over private property, then it will be much more difficult for the average person to object to government drones doing the same thing.
Federal Preemption One of the seminal cases on drone usage is Singer v. City of Newton, 284 F. Supp. 3d 125 (D. Mass. 2017), appeal dismissed on other grounds, 2017 WL 8942575 (1st Cir. 2017). In this case, the court held that certain sections of a city ordinance that regulated unmanned aircraft or drones are subject to invalidation on the grounds of conflict preemption. The city ordinance prohibited drone usage below an altitude of 400 feet over any private property or over any public property without the express permission of the property owner, conflicting with FAApermitted flight regulations in 14 C.F.R. § 107.51(b). The court explained that the City’s choice to restrict any drone use below this altitude absent prior permission works to eliminate any drone use in the confines of the City, thwarting not only the FAA’s objectives but also those of Congress. The city ordinance also prohibited the flight of pilotless aircraft beyond the visual
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line of sight of the operator; this was held to limit the methods of piloting such aircraft beyond that which the FAA had already designated for such aircraft. The FAA requires either that (1) a remote pilot both command and manipulate the flight controls, or (2) a visual observer be able to see the drone throughout its flight. The court also held that the ordinance was invalid in regulating drones, since its registration requirements for pilotless aircraft conflicted with the FAA explicit indication of intent to be the exclusive regulatory authority for registration of pilotless aircraft. The court rejected the City’s argument that there is “some space” in FAA regulations of certain drones to exclude model drones that thereby allows the City to require registration of model drones, saying that requiring all drones to be registered was in clear derogation of the FAA’s intended authority. The Singer case has recently been cited with apparent approval in Pan American, v. Municipality Of San Juan, 2018 WL 6503215 (D. Puerto Rico.2018), in a challenge to a city ordinance prohibiting flying over a festival.
Summary So, what is left for the municipality to control? A model ordinance entitled “Ordinance for the Promotion of Drone Innovation and Accountability” has been promulgated by the National League of Cities and is available on its website (nlc.org). The website also has a primer on drones. There are many models on the web from various
law firms and public interest groups. Be sure to look at ones that have considered the Singer case and current laws. This is a moving target (literally and figuratively). Of course, common city ordinances prohibiting criminal trespass and invasion of privacy are still viable. The FAA is currently seeking to revise Chapter 107 to loosen some of the drone restrictions and to improve safety, especially with regard to drone accidents with pedestrians. Cities are free to provide their opinions to the FAA. Cities should be careful not to tread on ground where the FAA has specifically regulated. Courts will likely protect their federal preemption. Cities must keep up on changes in the law as drones continue to proliferate and the law expands in this area. Kenneth J. Heinz is a Principal with Curtis, Heinz, Garrett & O’Keefe, P.C. He serves as general counsel for several communities. Heinz has been active as special counsel to many municipalities in Missouri and Illinois on municipal issues. He has delivered seminars to many public and private groups at the local and state level on municipal issues, such as municipal contracts, zoning and Sunshine Law. Contact the firm at (314) 725-8788 or www.chgolaw.com.
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FEATURE Review by Bruce A. Ring, Jr.
Investing Public Funds: What You Need To Know T h e M i s s ou r i St at e Treasurer’s Office (STO) is asked on a fairly regular basis about appropriate investments for political subdivisions in the state of Missouri. The answers are not usually a simple “do this.” We look at quite a bit of background information on cash flow timing, history, comfort with investment alternatives, experience of the portfolio manager, and more. This article provides a little guidance on the appropriate considerations when investing excess cash.
In order, from safest to riskiest investments, the following would apply: • U.S. Treasury bills and notes;
Safety In general, Missouri laws only allow for relatively safe investments. That said, there is a degree of risk associated with most investments allowed under the law. For instance, Commercial Paper (CP) is nothing more than a promise to pay from a private company. There is risk of default associated with the purchase of CP, unlike the purchase of a Treasury bill or note that is widely considered risk free. You, as the investor, need to decide whether or not the increase in yield afforded by the CP is worth the added risk. Do not buy CP if you are not familiar with commercial credit and default risk. Many political subdivisions prefer what they consider risk-free investments like Treasuries, or fully-insured bank deposits. Since both carry a full faith and credit promise of the U.S. government, investors feel they are going to be assured of getting back the investment and return. 14
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Government-Sponsored Enterprises, or agencies, as they are referred to, (Fannie Mae, Freddie Mac, Farmer Mac, Farm Credit and Home Loan) carry what is known as a “moral obligation” of the federal government. They are not specifically guaranteed, but there is a perceived obligation on the part of the government to pay the debt if something were to happen to one of the agencies. That said, there is a degree of risk associated with the agencies, albeit very negligible. There are some government agencies (TVA, SBA, Ginnie Mae and FDIC) that do carry a specific full faith and credit obligation of the U.S. government, and are akin to Treasuries and bank deposits from a safety standpoint. However, these securities tend to be a little more complex and require a thorough understanding of the structure before purchasing them.
• Fully insured bank deposits, obligations issued by agencies carrying the full faith and credit backing of the U.S. government; • Fully-collateralized bank deposits and repurchased agreements; • Obligations issued by one of the GSE’s (agency debt); and • Commercial Paper and Bankers Acceptances (both carry commercial credit risk but have an extremely low risk of default).
Liquidity Liquidity is often overlooked yet is extremely important. Treasuries, bank deposits, negotiable CD’s and agency bonds are all fairly liquid and can be disposed of in times of need. A community might not have to take a loss on the investment in times of rising interest rates or during lock-up periods on CD’s; but, they are all relatively liquid with broad markets. It is not good practice to purchase an investment with a maturity longer than the expense time horizon just to obtain a higher yield or with the hope that it will get called or it can be sold at a profit when cash is needed. Always match the investment time horizon to the expense horizon. You might be surprised by the number
of instances where someone has been caught off-guard by the markets and been unable to liquidate an investment they hoped would get called or sold at a profit.
Returns This brings us to the third leg of the stool, returns. Chasing yield, as described above, is never advisable. Do not overlook safety and liquidity in favor of yield. Doing this has historically caused a lot of heartache and sleepless nights for portfolio managers. Through planning and measured purchases, you can enhance the yield of a portfolio while still maintaining safety and liquidity. For instance, the STO uses step-up callable bonds in its portfolio to accomplish two things. They keep pace with rising interest rates through built-in coupon increases at specific future dates, and they enhance overall portfolio yield to maturity by carrying higher interest rates. In general, callable bonds carry higher interest
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rates than non-callable or bullets of the same maturity. The risk is that these investments are subject to call, so you might lose them to a call and be forced to reinvest in the future at a lower rate. Diversification of the investments in the portfolio should provide enough yield enhancement without sacrificing the two most important factors – safety and liquidity.
Investment And Asset Allocation If you don’t have an investment policy or asset allocation policy, one or both, now is the time to get them done. The STO’s website has a model investment policy in either PDF or Word versions for communities to review and use, as required by law at www. treasurer.mo.gov/content/for-localgovernments. These policies are living breathing documents that are meant to be guides for your investments. As situations and personnel change, so too should these documents change to suit the new environment. They should be adapted to market conditions, desired investment outcomes, and portfolio manager skill sets as they change over time.
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WE KEEP LIFE FLOWING™
Other important considerations when investing funds revolve around the professionals with whom you choose to do business – mainly, custodial banks and broker-dealers. A high degree of trust is necessary for these service providers in order to rely on them for market offerings, price discovery and safekeeping. Your custodial bank will ensure proper delivery and payment for investments, as well as provide safekeeping and record keeping for investments. They can also provide ongoing pricing for your portfolio. Personally, I prefer to do business with people I have met in person. It is nice to know who is on the other end of the telephone when doing business, especially brokers. I am not trying to disparage brokers, but I do feel that if you are not important enough to visit in person, you are probably not going to be important enough to service well. When dealing with brokers, it is important to have several on an approved list. It is important to be able to see differing prices and investment options, so do not limit yourself to just one or two firms. If you need to find additional brokers, our office can assist. The State Treasurer’s Office currently has 27 firms on an approved broker-
dealer list. This makes for a very nice competitive environment. STO is also required to obtain at least three competing offers/bids when buying/selling securities. This is an excellent guardrail to ensure the best pricing in transactions and keeps all the brokers on an even footing. Remember, your job as a portfolio manager is to get the best price for your stakeholders, the taxpayer. The broker’s job is to service your needs, as well as make money for his firm and himself. There is nothing wrong with a broker making a living, but be sure to get the best possible deal you can through competition. I hope this has helped in your future endeavors to put idle cash to work. Every political subdivision has differing cash flows and differing needs so there is no cookie cutter approach to investments. The best way to handle things is to understand your constraints and limits, work within your guardrails and policies, and always strive to do what is right for the taxpayer. Remember, this is someone else’s money you are managing, and you should take great care and prudence when exercising your fiduciary duty. As always, the Missouri State Treasurer’s Office is here to help whenever possible. Bruce A. Ring, Jr., CFA, CTP, is the director of investments for the Missouri State Treasurer's Office. Contact him at (573) 7518530 or Bruce.Ring@treasurer.mo.gov.
FEATURE Review by Greg Burris and Cora Scott
Springfield Gives 5:
Civic Engagement Program Addresses Five Common Community Challenges
What if you could recent study found that implement one isolation increases the program to address the risk of heart disease by rising trend of social 29 percent and stroke by isolation; provide a wave 32 percent. of talented volunteers Greg Burris, former to nonprofits serving Springfield city citizens in need; and manager, and C ora make your community Scott, Springfield attractive to a generation director of public with time, talent and information and civic treasure to share? That engagement, created would be a win-win-win a civic engagement situation. Communities program called Give 5 that get this right will to address five macrohave a competitive t re nds t hat i mp a c t advantage over the next Retirees and seniors apply talents and passions directly to community needs through every community. It is Springfield's Give 5 program. 20-30 years. a program that matches E a ch d ay i n t he retired (or almost retired) United States, 10,000 b a by b o om e r s w it h baby boomers retire. This growth of retirees is leaving a void strategic volunteer opportunities and addresses all five that is proving very difficult to fill. It is a shortage of talent trends simultaneously. and expertise at a time when the labor market is already tight, It is a way for retirees and seniors to apply their talents and and communities are finding themselves struggling to recruit passions directly to a community’s primary areas of need. and retain talent. But that’s only the half of it. Post retirement, “We call it civic matchmaking,” Burris says. “The program more people are feeling another kind of void – like something provides the journey to find the best individual fit between is missing. It is a sense of loss and disconnectedness – a loss program participant and nonprofit volunteer opportunity.” of the sense of purpose, relevance and identity their career “This is not like the typical volunteer engagement," Scott previously provided. said. "It can’t be.” Social isolation is a serious and growing problem. “The baby boomers are used to rewriting the rules, living According to the U.S. Surgeon General, it is the top health life on their own terms and now they are turning the idea of concern for seniors. According to a recent New York Times retirement on its head,” said Burris, who recently retired from report, a wave of new research suggests social separation is the role of Springfield city manager. “We are a generation that bad for us – Brigham Young University researchers notes has planned and saved for an active retirement – one that is that it causes the equivalent health impact of smoking a pack driven by choice, opportunity and purpose,” he said. “We of cigarettes a day. Individuals with less social connection have an inherent need to feel relevant and we’re going to be have disrupted sleep patterns, altered immune systems, extraordinarily bad at watching daytime television all day.” more inflammation and higher levels of stress hormones. One www.mocities.com
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Many communities have a wide variety of volunteer needs, such as: • City and county governments need talented, passionate volunteers to serve on their boards and commissions. • “Upstream” nonprofits that are working hard to keep people out of hardship situations. • “Downstream” nonprofits that are working hard to address the symptoms of poverty. • Young professionals and entrepreneurs also need mentorship and access to expertise, institutional knowledge and wisdom. During the five program days, the class visits 23 nonprofits, all aligned with addressing poverty. They also learn about key volunteer opportunities within city and county government.
Background The primary inspiration for the program came from the city of Springfield and the non-profit organizations that participated in the City’s Community Listen and Zone Blitz initiatives. They used a comprehensive, civic engagement approach to work alongside neighbors to identify the community’s top challenges and opportunities. In Springfield/Greene County, the Give 5 program is jointfunded by the city of Springfield and the Greene County Senior Citizens’ Service Fund. The program was moved from the City to the United Way of the Ozarks when Greg Burris retired as Springfield’s city manager and began working with United Way of the Ozarks as their executive in residence. The program is being licensed through the United Way of the Ozarks to interested communities.
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How Give 5 Works Each class consists of 20-25 people who participate in five program days over five weeks (one day per week). Program days last seven hours, with lunch and snacks included. Day 1 includes a half-day orientation to enlighten classmates about issues surrounding poverty and other economic and social trends affecting the City. After lunch, the class boards a bus and tours three nonprofit organizations. Day 1 orientation is key to why the program works. Through a series of heat maps and other information, classmates get a thorough look at issues and opportunities affecting Springfieldians’ quality of life; learn how these issues interrelate; and see how the community is working together to address both the “upstream” and “downstream” aspects of poverty. They also learn about the challenges policymakers and other community leaders face in their work to address priority issues. “It’s a deep dive,” Scott said. “It’s a luxury to teach an audience of citizens deeply interested in learning ways to improve the community and willing to invest the time to learn how and why it’s so important.” “These are frequent voters,” added Burris. “These are citizens you want on your side actively supporting your community with an increased feeling of ownership and pride.” Program days two through five each begin with a one-hour classroom session consisting of presentations by selected community leaders. Participants then board a bus to visit five nonprofits on their home turf. At least one guide is always with the class and coordinates each program day. Visits to nonprofits allow participants to “see behind the curtain” to better understand the types of volunteer opportunities available and the role these organizations play in the community. During the five program days, the class visits 23 nonprofits, all aligned with addressing poverty. They also learn about key volunteer opportunities within city and county government. “We’ve literally dropped 20-25 highly skilled and motivated potential volunteers on each nonprofit’s doorstep," Burris said. "Their goal is to tell their story in a compelling way that attracts the class members and makes them want to volunteer there.
After the final program day, participants are offered an opportunity to commit to a volunteer opportunity (or two or three or four) and a short “graduation” celebration wraps up the program. Those who are ready to commit may do so through a “signaling of intent” ceremony at graduation, pledging to volunteer at any nonprofit of their choice at least five hours per month for the following six months. Some participants are creating their own volunteer opportunities based on their unique skills and passions. Upon graduation from the Give 5 program, alumni are publicly celebrated and valued. These graduates intuitively become ambassadors for the myriad of volunteer opportunities in the community and the Give 5 program. The key difference between Give 5 graduates and a typical volunteer is that Give 5 teaches participants the "why''– why volunteering is important in their community; and the "how" – how they can be a part of the solution. The sense of purpose people get from a lifetime career can fade in retirement. “The thing our Give 5 classmates keep mentioning is that they want to feel relevant," Burris said. "Being part of the solution helps them feel relevant.” By 2030, all baby boomers will be older than age 65. This will expand the size of the older population so that one in every five residents will be retirement age. “Baby Boomers are also projected to possess 70 percent of all U.S. disposable income,” Burris continued. “Not only that, about $30 trillion will change hands over the next 2530 years during the largest transfer of wealth in the history of the world. They are an asset to any community, and any community that is able to recruit and retain seniors is going to have a massive competitive advantage, compared to communities that ignore this wave of talent.” Joel Kotkin, an internationally recognized authority on global, economic, political and social trends, agrees. He reminded an audience of community leaders at a Springfield Area Chamber of Commerce meeting in early 2018 that “seniors are growing the fastest of any segment of the population. By 2030, the Boomers will have three-times as much money as the millennials. Any community that can attract seniors will find that their banks suddenly have a lot more money to lend. They have a lot of skills … they’re still active. They can be mentors to local businesses. They can be volunteers at churches or other nonprofit organizations. They’re very active.” Springfield Give 5 has graduated 112 individuals in the program’s inaugural year, and there is a waiting list of nonprofits
Members of Give 5, class six, meet with the director of the Crossling Food Pantry.
wanting to participate. Burris and Scott are working with the Missouri Department of Economic Development, Missouri State University and others to help assist with performance and input measurement. They hope to quantify Give 5’s impact on four levels: the impact on the program graduates; the impact on the capacity of the participating nonprofits; the impact on the community the nonprofits serve; and the impact on the host city’s economy and quality of life. While the total economic impact of the volunteer service provided by Springfield/Greene County Give 5 volunteers is not yet fully known, Burris and Scott have done an initial estimation of the impact of the first five classes. Using the commonly recognized volunteer value rate as identified by Independent Sector and assuming an average of 20 volunteer-hours per graduate per month, Give 5 graduates have already donated $297,405 worth of time to nonprofits
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5 Macrotrends That Give 5 Addresses Simultaneously • Wave of Talent on the Move – 10,000 baby boomers are turning 65 every day for 19 years, but most are not seeking a “traditional” retirement • Largest Boomer Health Risk – social isolation is a large and growing health issue • Growing Need to Strengthen Community Fabric – the power of a shared experience and meeting people outside of your bubble • Increased Importance of Volunteerism – nonprofits are in need of additional skills and talents in this hyper-competitive labor market • Largest Transfer of Wealth in History – it’s underway . . . where will those legacy gifts be directed?
that figure out effective volunteer matchmaking will be the ones that thrive and offer the best quality of life. And quality of life attracts economic development. The Give 5 program is customizable, scalable and flexible, so it can be implemented in any community that needs additional oars in the water to help address one or more community challenges. The program’s focus can be customized to address the priority challenges specific to any community, and can be adjusted to accommodate any community’s assets, strengths and weaknesses. The women of class five meet monthly since their graduation from the Give 5 program.
in 2018 as classes have graduated throughout the year. Even assuming a 10 percent attrition rate, these same graduates will contribute an additional $500,000 in volunteer services during a full year in 2019.
Program Benefits Give 5 matches baby boomer generation retirees with unfilled volunteer opportunities in the community and addresses the issues of isolation, purpose and relevance that retirees often confront by celebrating them and their contributions in a fun and social manner. It also introduces boomers to new people and new ways of thinking via a shared experience and the bonding that occurs as a result, thus strengthening the community’s bridging social capital. Finally, it links individuals with their true passions within a community’s menu of non-profit organizations.
Why It Is Needed Programs like Give 5 are needed because the future health and vitality of our communities depends on it. With an army of skilled baby boomers already retired, and another wave of boomers retiring over the next 12 years, the communities 20
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Greg Burris was city manager of Springfield, Missouri, from 20082018. He now serves as executive director of the Give 5 Program and executive in residence for United Way of the Ozarks. For more information about Give 5, contact Greg Burris at GBurris@UWOzarks. com. Cora Scott joined the city of Springfield in 2012 as the director of public information & civic engagement. Prior to joining the City, she served at Mercy for 18 years in various communication roles.
To learn more about Give 5, visit Give5Program. org. A short video provides a behind-the-scenes look at how the program works and how cities and citizens benefit. Watch ICMA.org for a podcast with Greg Burris and Cora Scott and a blog by Greg Burris, in the coming weeks.
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FEATURE Review by Debbie Hill
Partnerships With The Humane Society Of Missouri Wit h s o m any priorities in municipalities, animal issues may fall low on the list. The Humane Society of Missouri can be a partner to assist in cases involving animal abuse and neglect in your jurisdiction.
Animal Cruelty Task Force (ACT). While ACT does not offer animal control ser vices, we provide solutions to issues involving animals in situations such as hoarding, substandard puppy mills, abuse and neglect, as well as with enforcing animal trespass laws. Who We Are ACT also offers animal rescue, temporary sheltering and reunification services The Humane Society in times of local, state and of Missouri (HSMO) national disaster. In fact, the was formed in 1870 Humane Society of Missouri to protect children serves as the primary animal and animals from the welfare agenc y working harsh treatments of with the State Emergency the times. Over time, The Humane Society of Missouri can be a partner to assist in cases involving Management Agency when animal abuse and neglect in your jurisdiction. various government animals are involved in agencies began offering disasters. ACT members are protection for children, specially trained in numerous areas of animal rescue. We so HSMO narrowed its focus to the humane treatment of have deployed to areas that have had hurricanes, tornadoes, animals. As one of the oldest and largest animal welfare floods and other natural and manmade disasters. organizations in the U.S., HSMO is an independent, nonprofit organization that receives no funding from taxpayers ACT employs five animal cruelty investigators based in or national animal welfare organizations. the St. Louis Metro area; five animal cruelty investigators based strategically throughout the state; a lead dispatcher; a HSMO offers a safe haven for companion animals of all lead coordinator; and a department director. Department types, caring for them in three, state-of-the-art facilities, the personnel are trained in animal-specific investigative headquarters on Macklind Ave., in St. Louis City (cats, dogs techniques; evidence collection; animal handling and body and small animals); the Best Buddy Center in west St. Louis condition scoring; large animal rescue operations; swift County (cats, dogs and small animals); and the Longmeadow water rescue; low-angle rope rescue; and a myriad of other Rescue Ranch, near Union, Missouri, (horses, goats, sheep, specialized training. ACT operates a fleet of trucks; vans; fowl and other farm animals). Rescued animals receive various enclosed, climate-controlled, animal transport expert veterinary and shelter care, as well as enrichment to trailers; horse trailers; boats; swift water and rope gear; as make them viable for adoption. HSMO responds to reports well as other high- and low-tech animal-handling equipment. of abuse or neglect in all 114 Missouri counties. In addition, ACT offers educational opportunities to In the 1960s, HSMO formed an investigative arm of the government entities at no charge. These courses cover animal organization, originally called Rescues and Investigations handling training, how the law relates to animals, animal (R&I). In the early part of this century, R&I was renamed the health considerations, and many more topics. Individual 22
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courses can be tailored for your municipality’s needs and can be held at your facilities or ours. Most of these courses are approved for Missouri Peace Officer Standards and Training (POST) credits for law enforcement continuing education or Missouri Animal Control Association certifications. Debbie Hill is the vice president of operations for the Humane Society of Missouri.
ACT supports law enforcement in cases where animal abuse or neglect is suspected, by: • Conducting investigations; • Educating owners; • Taking animals into custody on voluntary surrenders; • Assisting law enforcement with the process of 578.018 RSMo animal search and seizure warrants; • Rescuing and holding animals prior to disposition; • Collection of animal-related evidence; • Detailed on-scene and animal condition reports; • Forensic analysis/necropsies in animal-related crimes; • Expert veterinary and investigator court testimony.
Contact The Animal Cruelty Task Force If you suspect animal abuse or would like to learn more, contact the Animal Cruelty Task Force at (314) 647-4400 or (800) 383-9835 or visit www.hsmo.org/animalcrueltytaskforce. We look forward to enhancing your services and partnering to protect animals in Missouri. Together, we can give a voice to those that have none.
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Q2 Advisory Risk Briefings
Current-State Cyber Vulnerabilities Register to learn about: Breach and hacking trends Organizational cybersecurity spending Trends in compliance requirements Cybersecurity frameworks
Thursday, June 13 | 7:45 - 9:00 a.m. St. Charles: Blanchette Park Memorial Hall Friday, June 14 | 7:45 - 9:00 a.m. Creve Coeur: Brown Smith Wallace CityPlace 6 Wednesday, June 19 | 12:00 - 1:00 p.m. (CT) Online/Live Webinar
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Thank you to MML's 2019 Business Advantage Program Sponsors!
Platinum Sponsors NLC Service Line Warranty Program Burns & McDonnell
Gold Sponsors Stifel Curtis Heinz, Garrett & O'Keefe PFM Strategic Government Resources PeopleService, Inc.
Silver Sponsors Gilmore & Bell, P.C.
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George K. Baum & Company
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LOCAL GOVERNMENT Review
MML 2019 Legislative Conference On Feb. 12-13, 2019, MML hosted its 49th Annual Legislative Conference. The event featured a new structure, with the more than 250 attendees visiting with legislators during the first afternoon of the Conference. After the visits, attendees regrouped at the Capitol Plaza Hotel for a dinner and to hear Missouri Senator Dave Schatz, who serves as the Missouri Senate Local Government Committee Chair. The following morning, Missouri Governor Mike Parson visited with attendees, making a point to support local decision making and applaud the hard work of local officials. A dialogue session near the end of the Conference allowed attendees to share how the Capitol visits went and to discuss top issues cities face.
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Recruiting Assessing and Developing Innovative Collaborative Authentic Leaders
Executive Recruitment Interim Services Leadership Development Live & Online Training Project Management Consulting governmentresource.com
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MEMBERS' Notes Wildwood Council Member Joe Garritano Appointed to MML Board of Directors
MML Calendar of Events March 2019 25-27 ����� Main Steet Now Conference, Seattle, Washington
April 2019 2 ����� Municipal Election Day 10 ����� MML Webinar: Missouri Property Tax 14-20 ����� Missouri Local Government Week 17 ����� 5th Annual Partners In Governance Conference, Columbia, Missouri 18 ����� MML Northeast Regional Meeting, Kirksville, Missouri 22-26 ����� Heartland Economic Development Course, Blue Springs, Missouri 25 ����� MML South Central Regional Meeting, Lebanon, Missouri 30-May 3 ��� MCMA Spring Conference, Lake Ozark, Missouri
May 2019 2 ����� MML Southeast Regional Meeting, Sikeston, Missouri 8 ����� MML Webinar: Practical Strategies For Public Engagement 8 ����� Truman's Birthday, MML Offices Closed 9 ����� MML Northwest Regional Meeting, 21 ����� MML Webinar: An Insurance Perspective On Cybersecurity 23 ����� MML West Gate Regional Meeting, Excelsior Springs June 2019 6-7 ����� MML Elected Officials Training Conference, Columbia, Missouri 10 ����� MML Webinar: Missouri Property Tax 13 ����� MML Webinar: Five Keys To A Healthy Council-Manager Partnership 20 ����� MML Policy Committee Meetings, Columbia, Missouri 27 ����� MML Southwest Regional Meeting, Aurora, Missouri Find more events and details on www.mocities.com and in the MML monthly e-newsletter.
Great Streets, Public Spaces and Neighborhoods
Kearney Becomes Purple Heart City
Congratulations to this year’s Missouri cities that received awards from the Missouri Chapter of the American Planning Association! Jefferson City received the Great Street award for High Street; Chillicothe was honored for the Silver Moon Plaza as a Great Public Space; and Lee’s Summit received the Great Neighborhood award.
By act of proclamation by Mayor Dan Holt, Feb. 4 in Kearney will now be known as Purple Heart Recognition Day and the City will be known as a Purple Heart City. The proclamation marks an agreement between the city and the Missouri Military Order of the Purple Heart, a veteran’s advocacy organization.
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The Missouri Municipal League Board of Directors appointed city of Wildwood Council Member Joe Garritano to the MML Board of Directors at MML’s February Board meeting in Jefferson City, Missouri.Garritano will fill out the balance of a term vacancy. Garritano was appointed in January 2015 as a Wildwood City Council Member for Ward 8 and re-elected by the voters to the same position in the 2015 and 2017 April municipal elections. In August 2018, he was selected by the City Council to serve as the City’s Mayor Pro Tempore. Garritano has also served on the Missouri Municipal League’s Municipal Administration and Intergovernmental Relations Policy Committee. Professionally, he is a senior leader with a national financial firm, responsible for managing relationships across multiple departments to deliver a seamless client experience, as well as coordinating strategic activities and projects.
Hannibal Honored For Art The Missouri Arts Council awarded the city of Hannibal a 2019 Missouri Arts Award in the creative community category, noting the City has become an arts magnet with programs from the Hannibal Arts Council, festivals, concerts indoors and under the stars, professional theatre and studios and galleries fueling an economic rebirth. The annual Missouri Arts Awards celebrate people, organizations, and communities that have made profound and lasting contributions to the cultural and artistic climate of the state.
MRSC solved the puzzle Éwhile others are still Þguring it out. Rating for Solving the Puzzle
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