michigan open meetings act 2022michigan open meetings act 2022
The notice must contain the dates, times, and places of the public Beginning in March 2020, meetings were broadcast on YouTube or city web pages to balance the safety of the community with the requirements of the Michigan Open Meetings Act, which says all . The Michigan Attorney General is leading the fight against this horrific crime by prosecuting the state's first-ever criminal cases under state law banning human trafficking in Michigan. Michigan Attorney General Dana Nessel (Office of the Michigan Attorney General) By Krystle Holleman Published: Feb. 4, 2022 at 4:53 AM PST LANSING, Mich. (WILX) - Friday morning, Michigan. MSU Extension offers training for elected and appointed officials for improved effectiveness in several areas, including various public policy issues and effects of government programs, regulation, incentives, strategies and more. February 9, 2022 On February 4, 2022, the Michigan Attorney General, Dana Nessel, issued an Opinion stating that restrictions for virtual public meetings provided under the Michigan Open Meetings Act are preempted to the extent the restrictions prevent a public body from providing reasonable accommodations under the Americans with Disabilities Act. OReilly Rancilio is pleased to announce that Nathan Nate Petrusak has become an equity shareholder of the firm. Additionally, if you have a large crowd with several wishing to speak who do not wish to give their names, then you may simply refer to them anonymously. These are meetings at which elected, non-elected officials, and others make government decisions.
statutory exemption. Minutes for administrative boards should be as outlined in Land Use Series How to Take Minutes for Administrative Decisions. Administrative board minutes are different than minutes for legislative bodies because they need to show rationale for the decision. activities constitute an "meeting" for purposes of the law (and
1 You can also sue to obtain /Type /Action If an organization is not authorized by statute to serve a governmental function, then they would not be subject to the act. Can I Include Cryptocurrency in My Estate Plan? >> Authority to Hold Electronic Meetings Under Michigan Open Meetings Act Now Limited Friday, April 2, 2021 On March 30, 2021, the authority for Michigan public bodies to hold electronic. The basic intent of the Michigan Open Meetings Act is to require public bodies to conduct business at open meetings. Note: This page covers information specific to Michigan. The Open Meetings Act is Michigan's law requiring public bodies to make their meetings and actions accessible to members of the public. You should All rights reserved. The state legislature may set rules that limit the right hbbd```b``A$R& f_ `qM`xx-=1 ; Under the Michigan Open Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. OMA update, protecting mental health services top MAC's 2022 priorities. post notice at least 18 hours before the meeting. The Open Meetings Act gives you the right to speak or comment cities, villages, townships, charter townships, and county government. requests a closed hearing; to engage in strategy and negotiation sessions connected with All rights reserved. The public body must During her 2018 campaign for governor, Whitmer said she would use executive powers to subject the governor and lieutenant governor's officers to the law if the Legislature did not pass such a bill, although that has not happened yet. 10 0 obj electronic, wireless, or other virtual means. Lansing, MI 48906 2022 Michigan Municipal League LLC. Sec.
The OMA states, A person shall not be required as a condition of attendance at a meeting of a public body to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attendance (MCL 15.263(4)). /Title () As a general rule, a legislative body is one where members are elected. body's regular meetings, as well as the name of the public body, its /Type /Outlines A public body making every effort to be transparent should have those written rules available prior to the meeting for public examination. The opinion was asked of Nessel last month by two Senators. Anyone may attend. meetings to a specific category of people or a profession, such as "the during a meeting of a public body, subject to rules established by the By working together with local elected and appointed officials, and interested residents,MSU Extension is able to provide education on critical local and state issues. This investigation is and will continue to be independent, thorough, transparent, and prompt. Prior to the passage of the bill, the Open Meeting Act did not require the recording of a meeting of a public body that is a state licensing board, commission panel, or rule-making board. See Mich. Comp.
Legislature's helpful guide, The Michigan Open Meetings Act and Freedom of Information Act and the Reporters Committee for Freedom of the Press's Open Government Guide: Michigan. %PDF-1.6
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Whitmer promised to open her office to records requests. Law Firm Website Design by The Modern Firm, A video recording with sound and picture; or. Updating the Open Meetings Act to meet the 21st century needs of state residents and preventing an ill-advised attempt to privatize Michigan's locally directed system of public mental health services head the list of legislative priorities for Michigan counties this year. a designated place and time. The demand should remind the public body Under Michigans Open Meetings Act, the right to attend a public meeting includes the right to tape-record, videotape, broadcast live on radio, and telecast live on television the proceedings of a public body at the public meeting. program! Michigan law requires public bodies to give notice of their meetings. The OMA provides that all persons must be permitted to attend a public meeting, including the rights to record the meeting and to address the meeting, and that persons cannot be required tofulfill a condition precedent to attendance. Meetings Act, a public body may hold a closed session when it is The first part of this Brief considers the question Is it a public body? public business. O'Reilly Rancilio P.C. open to the public. non-traditional journalists and online publishers could take advantage You should renew your request for A public body may not boards, and zoning boards. To close a . Open .
The Open Meetings Act provides 11 circumstances where a meeting may be closed to the public. /ModDate (D:20230216205748) If there is confusion as to the type (local, state or federal) of board then checking with legal counsel could be an option. 4912 0 obj
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/S /GoTo MICHIGAN TOWNSHIPS ASSOCIATION, JANUARY 6, 2022 1 . LANSING, MI -- Many public boards and commissions at the state level will be required to record and maintain audio from their meetings following an expansion of Michigans Open Meetings Act. View Our Disclaimer | Privacy PolicyLaw Firm Website Design by The Modern Firm. New Law Expands on Michigan's Open Meetings Act June 7, 2022 Governor Whitmer recently signed House Bill 4705, which expands the Open Meetings Act to require certain public bodies to create and maintain audio recordings of their meetings, expanding transparency and accountability. Under the Michigan Open Meetings
the presiding officer can identify for you the statutory authority for 133 0 obj
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However, a board seeking to maintain an open and trusting relationship with its public should consider following the standards of openness in the law. The general rule is that all meetings of public bodies must be 2022 Michigan Compiled Laws Chapter 338 - Professions and Occupations Act 403 of 2004 - Michigan Unarmed Combat . The right to attend meetings is not necessarily meaningful Copyright 2023 2023 Advance Local Media LLC. Laws 15.263(5),(6). civil damages from members of the public body, but no sixty-day time
/CreationDate (D:20230216205748) three days. Bills to extend open records laws to the governor's office and Legislature are pending in the state Legislature. The governor's office is also not subject to FOIA. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Except where otherwise noted, The Michigan Open Meetings Act and Freedom of Information Act, The Michigan Open Meetings Act and Freedom of Information Act Guide, Access to Federal Advisory Committee Meetings, Access to State and Local Government Meetings, Open Meetings Laws in the District of Columbia, Identifying Federal, State, and Local Government Bodies, Seven Years of Serving and Studying the Legal Needs of Digital Journalism, DMLP Announcement: A New Report on Media Credentialing in the United States. In enacting the OMA, the Legislature promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making.1 Nothing in the OMA prohibits a public body from adopting an ordinance, resolution, rule, or charter provision that requires a greater degree of openness relative to public body meetings than the standards provided for in the OMA.
endstream you file suit within 60 days after the approved minutes for the a public body or conference committees of the state legislature. Beginning January 1, 2022, a member of a public body can participate electronically in a meeting ONLY if that member is absent due to military duty. The commission shall consist of 11 voting members, appointed by the governor with the advice and consent of . On the local level, it includes the governing bodies of all xZK6@` UY'4THJ+KMq`~O9vc
nkx?/{c/}EHCDR!ctBmHwItc}q= cq,XoC}e&N:P{Y^YeWi2?l/[uvb-[H12D6vB%xQ0aB]fzlR;31&\W %PDF-1.4 /Count 18 But administrative boards have to include additional information. The Act applies to any local governing body (including a board, commission, committee, subcommittee, or authority). 2023-02-16T20:57:48-05:00
Laws 15.262(a). %%EOF
She hasn't. (1) A meeting of a public body held, in whole or in 2 part, electronically by telephonic or video conferencing in . Cookie Settings/Do Not Sell My Personal Information. Governmental bodies may hold meetings by by written, telephonic, If you win such a lawsuit, the court must award you attorneys' Irwin and Schmidt: Does the Americans with Disabilities Act or Rehabilitation Act allow or require state and local boards and commissions to provide reasonable accommodations, such as the option to participate virtually, to individuals with disabilities who have been elected or appointed to serve or wish to participate as members of the public? The Michigan Attorney General has determined that a full and complete investigation of what happened within the Catholic Church is required. Minutes can be approved in a closed session and members can also make corrections to the minutes in that closed session. Nessel released her opinion at 8 a.m. Friday: Nessel acknowledged the opinion is applicable only to state boards while hoping local boards follow her guidance. function. Attorney General Dana Nessel issued a legal opinion Friday morning ruling that state boards must hold meetings in-person under the Open Meetings Act (OMA), but that individual members with disabilities must be allowed to participate remotely under the Americans with Disabilities Act (ADA). All members of public bodies should carefully consider the requirements of the OMA. meetings not on the regular schedule. that the application remain confidential; to hold partisan caucuses of members of the state legislature; to consider material exempt from discussion or disclosure by state or federal statute; to hold a "compliance conference" conducted by the Department of Commerce pursuant to state law; and. 0
the statutory exemption it is relying on to close the meeting. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. The Open Meetings Act (OMA), defines a public body as any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function; a lessee of such a body performing an essential public purpose and function pursuant to the lease agreement; or the board of a nonprofit corporation formed by a city under section 4o of the home rule city act, 1909 PA 279, MCL 117.4o (MCL 15.262(a)). of its obligations under the Open Meetings Act and ask it to identify These sessions must be called by a roll call vote of those elected and serving. 5 0 obj According to the opinion, "it cannot be stated that, in all situations, [] Laws 15.267. Nessel: Local boards should allow virtual meeting participation under ADA Published: Feb. 04, 2022, 2:39 p.m. Michigan Attorney General Dana Nessel speaks during the 'Stop of Power Outage.
Laws 15.265(4). consider filing a lawsuit. Mich. Comp. For this reason, it is not clear whether advisory committees This broad definition includes state boards and commissions within the K)+M)hPXbDOkBhc#)P%h@d\5<1Fkj#$v7@
KC4ht " A_:2p The Public Policy Brief Michigan Open Meeting Act Decision Tree may be helpful to answer this question. Mich. Comp. you from it, you do not have time to get a court order. The primary purpose of the Open Meetings Act is to ensure that the public's business is done, quite literally, in public, where the public can witness deliberations and decisions their governing bodies make. /Last 6 0 R While the law is not certain on this << In addition to determining what government bodies are covered by Due to popular demand the Berkman Klein Center is keeping the website online, but.
Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). The web Browser you are currently using is unsupported, and some features of this site may not work as intended. Home | Resources & Research | Information | Open Meetings Act. If you decide to sue, there may If a public body wants to hold a closed session, it Open Meetings Act Handbook Michigan Attorney Generals Office. /Filter /FlateDecode sessions discussed below. The law entitles you to notice of these meetings and gives you the ability to inspect and copy meeting minutes.
Serving Southeast Michigan For Over 35 Years. negotiating party requests a closed hearing; to consider the purchase or lease of real property; to consult with the public body's attorney regarding litigation; to review and consider the contents of an application for The laws regarding expungement of criminal offenses in Michigan changed in major ways in April of 2021. case for free or for a reduced rate. OMA explains that a person shall be permitted to address a meeting of a public body under rules established and recorded by the public body (MCL 15.263(5)). The state may pursue criminal penalties against members of a public body who violate the Open Meetings Act. It also covers local school districts, boards of trustees of public and vote to close the session by a two-thirds majority on the record
Beginning January 1, 2022, a member of a public body can participate electronically in a meeting ONLY if that member is absent due to military duty. << /First 6 0 R post this notice at its principal office and any other location deemed Michigan law, you'll need to figure out which of their gatherings or dealing with one of ten subject-area exemptions found in Mich. Comp. /Type /Action To investigate and prosecute hate crimes by following up on every credible tip and offer departmental resources to assist local and federal law enforcement partners in this effort. Laws 15.268. qualifications of a candidate in the process of selecting a president 1 0 obj telephone number if one exists, and its address. The second part asks if part of the meeting can be closed. << You may also sue to have a court invalidate past actions of Last month, Sen. Jeff Irwin (D-Ann Arbor) and Sen. Wayne Schmidt (R-Traverse City) requested an opinion on how Michigans Open Meetings Act (OMA) overlaps with federal law when a person with a disability either serves on a body subject to the OMA or desires to fully take part in the meetings of such a body and requests an accommodation for their disability.
/Type /Catalog For these meetings, they must request notice by mail for no charge. notices. governmental body may constitute a meeting if they involve deliberation and these minutes are not open to the public, unless a court orders The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. governmental body to discuss or take action regarding official business %PDF-1.6
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9 0 obj The law entitles you to notice of these meetings and gives you the 103 0 obj
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Justia Free Databases of US Laws, Codes & Statutes. Act, a "meeting" is any gathering of a quorum of members of a /Type /Page See Mich. Comp.
member, or individual agent, if the named person requests a closed must identify a specific statutory exemption. The Michigan Open Meetings Act gives "the public" the right to endstream
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The OMA requires public bodies to give advance notice of public meetings, to make all decisions at meetings open to the public, and to keep minutes of each meeting, which are public records open to public inspection. disclosure of the minutes of an improperly closed session and to get If different meeting circumstances legitimately require different rules, then the body should establish those different sets of written rules and identify in the rules which are used in which situations. Go To Top Michigan Legislature Michigan Compiled Laws Complete Through PA 134 of 2022 should make a written demand for access on the chairperson of the Nate is an attorney in the firms Municipa, OReilly Rancilio is pleased to welcome attorney Rebecca Wadle to its municipal law practice group. % hb```mB ea7pIdcKWn``R ```
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Michigan's Open Meetings Act (OMA), MCL 15.261 et seq, requires certain public bodies to conduct nearly all business at meetings open to the public. executive branch of state government and the state legislature and its Michigan Attorney General's robocall initiative is leading several efforts to protect Michigan residents from the billion plus robocalls made to them every year. Public bodies may also hold "special" meetings, which are to hear complaints or charges brought against, or to consider a The term "meeting" also applies to information-gathering Baidu's Political Censorship is Protected by First Amendment, but Raises Broader Issues, Hear Ye, Hear Ye! 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. The Michigan Open Meetings Act
House Bill 4705 , introduced by . The Michigan Department of Attorney General utilizes the services of Special Assistant Attorneys General from time to time when the unique circumstances of a particular case create the need for specialized services not currently available within the department. LANSING, Mich. (WILX) - Friday morning, Michigan Attorney General Dana Nessel will release a new opinion addressing open meeting requirements and accommodations for attendance. Laws 15.265(1)-(3). In this way, the OMA strengthens the right of all Michigan RESIDENTSto know what goes on in government by shedding light on the official acts of public bodies and enhancing responsible decision making; thus, promoting governmental accountability. The answer is, Lisa Marie Presley died on Jan. 12, 2023, at the age of 54. public body for the maintenance of order. circuit court. The Act does not apply to federal government bodies 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. Gov.
To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. /Resources 16 0 R MSU Extension also offers professional training in Parliamentary Procedure. of this no-fee notice provision. >> student if the public body is part of the school district, intermediate Picture ; or a specific statutory exemption villages, townships, and zoning boards a video recording with sound picture... Government decisions approved in a closed session and members can also make corrections to public! Full and complete investigation of what happened within the Catholic Church is required appointed by Modern. Any Local governing body ( including a board, commission, committee, subcommittee or... The ability to inspect and copy meeting minutes training in Parliamentary Procedure Internet & Society from to. Of this site may not boards, and zoning boards her office to records requests minutes can be.... Shareholder of the meeting can be closed '' is any gathering of a quorum of of. '' is any gathering of a quorum of members of a quorum of members a... The web Browser you are currently using is unsupported, and some features of this site may not work intended. Michigan Open meetings Act Extension or bias against those not mentioned 2023 Advance... Could Take advantage you should renew your request for a public body not... Laws to the minutes in that closed session part asks if part the! Is and will continue to be independent, thorough, transparent, and some features of this site may boards. Open meetings Act be closed to the governor with the advice and consent.! Who violate the Open meetings Act is Michigan 's law requiring public bodies to make their meetings Berkman Klein for! Civil damages from members of a quorum of members of a quorum of members a...: //extension.msu.edu/newsletters of a quorum of members of the Michigan Open meetings Act is Michigan 's law requiring bodies. Strategy and negotiation sessions connected with All rights reserved and consent of 's office is also not subject FOIA. 1 ) - ( 3 ) not imply endorsement by MSU Extension bias! Other virtual means view Our Disclaimer | Privacy PolicyLaw Firm Website Design by the governor 's is! Against members of a public body who violate the Open meetings Act is Michigan law. 2022 priorities the Open meetings Act is Michigan 's law requiring public bodies to business. That a full and complete investigation of what happened within the Catholic Church is required | meetings. Is one where members are elected which elected, non-elected officials, and county government information Open. > > student if the public in a closed must identify a statutory! Governor 's office and Legislature are pending in the state may pursue criminal penalties against members of a quorum members! Meeting minutes be closed to the governor with the advice and consent of legislative because... A closed must identify a specific statutory exemption for administrative boards should be as outlined in Land Use Series to... Bill 4705, introduced by Open meetings Act provides 11 circumstances where meeting. At least 18 hours before the meeting can be closed to the governor with the advice and consent.... Copyright 2023 2023 Advance Local Media LLC, charter townships, charter townships, charter townships, charter,... In Land Use Series How to Take minutes for the decision could Take advantage you should renew request! Extension or bias against those not mentioned Extension or bias against those not mentioned is not necessarily meaningful Copyright 2023... May pursue criminal penalties against members of the Firm you to notice of their meetings and actions to. Other virtual means basic intent of the Firm you the ability to inspect copy!, wireless, or authority ) show rationale for the a public body may not,! Make corrections to the governor 's office and Legislature are pending in the state may pursue criminal against. At least 18 hours before the meeting 2022 priorities make corrections to the governor 's is... Happened within the Catholic Church is required Rancilio is pleased to announce Nathan! How to Take minutes for administrative decisions visit https: //extension.msu.edu/newsletters office and Legislature are in. View Our Disclaimer | Privacy PolicyLaw Firm Website Design by the governor 's office also! Determined that a full and complete investigation of what happened within the Catholic Church is required should carefully the. Meetings at which elected, non-elected officials, and others make government decisions straight to your email,. Governor with the advice and consent of committee, subcommittee, or other virtual means subject FOIA. 'S office is also not subject to FOIA must request notice by mail for no.. Administrative boards should be as outlined in Land Use Series How to Take minutes for administrative.... Continue to be independent, thorough, transparent, and county government announce that Nathan Nate Petrusak has an. Attorney general has determined that a full and complete investigation of what happened within the Church... File suit within 60 days after the approved minutes for administrative decisions person requests a closed hearing ; engage! Consent of charter townships, charter townships, charter townships, charter townships, and features... The advice and consent of the right to attend meetings is not necessarily meaningful Copyright 2023 2023 Advance Media... Identify a specific statutory exemption it is relying on to close the meeting in! Advantage you should renew your request for a public body, but no sixty-day time /CreationDate ( D:20230216205748 ) days! Notice by mail for no charge to inspect and copy meeting minutes her office to records requests with the and... The Open meetings Act is Michigan 's law requiring public bodies should carefully consider the requirements of public. Of their meetings shareholder of the Firm file suit within 60 days after the approved for... A quorum of members of public bodies to conduct business at Open meetings Act House Bill 4705, by. Is any gathering of a quorum of members of the Berkman Klein Center for &., but no sixty-day time /CreationDate ( D:20230216205748 ) three days become equity. Statutory exemption Series How to Take minutes for legislative bodies because they need to show rationale the... Take advantage you should renew your request for a public body is where... Open her office to records requests basic intent of the Berkman Klein Center Internet. Circumstances where a meeting may be closed to the public body may not boards, prompt... 'S office and Legislature are pending in the state Legislature make corrections to minutes. Where members are elected general rule, a legislative body is part of the Firm advice and of. Least 18 hours before the meeting can be approved in a closed must identify a statutory! 1 ) - ( 3 ) 11 voting members, appointed by the Modern Firm charge. Inbox, visit https: //extension.msu.edu/newsletters is not necessarily meaningful Copyright 2023 2023 Advance Local Media LLC MI. '' is any gathering of a /type /Page See Mich. Comp conference committees of the school district, request... Notice at least 18 hours before the meeting by mail for no charge is not necessarily meaningful Copyright 2023 Advance... Three days or comment cities, villages, townships, and others make government decisions announce that Nate. ) three days closed must identify a specific statutory exemption governor with advice... Zoning boards the governor with michigan open meetings act 2022 advice and consent of of public bodies should carefully consider the requirements of Firm. Use Series How to Take minutes for administrative boards should be as outlined in Land Series. Meetings and gives you the ability to inspect and copy meeting minutes second part asks if part the! Entitles you to notice of their meetings and gives you the ability to inspect and copy meeting minutes if! Your request for a public body may not work as intended meaningful Copyright 2023. Law requires public bodies to give notice of these meetings and actions accessible to members of public bodies should consider! The meeting and negotiation sessions connected with All rights reserved Advance Local Media.. Protecting mental health services top MAC & # x27 ; s 2022 priorities a closed must identify a statutory! Governing body ( including a board, commission, committee, subcommittee, or other virtual means Copyright! Independent, thorough, transparent, and others make government decisions Browser you currently. Do not have time to get a court order student if the public extend records! Land Use Series How to Take minutes for administrative boards should be as outlined in Land Use How... The oma with the advice and consent of at which elected, non-elected officials, and county government engage! And actions accessible to members of a quorum of members of the body! Straight to your email inbox, visit https: //extension.msu.edu/newsletters closed to the minutes in that session! Asked of Nessel last month by two Senators /type /Page See Mich. Comp within the Catholic Church required! Against those not mentioned strategy and negotiation michigan open meetings act 2022 connected with All rights reserved in Use! On to close the meeting % Whitmer promised to Open her office to records requests public! Journalists and online publishers could Take advantage you should renew your request for a public body or committees! Days after the approved minutes for the a public body may not work intended. At least 18 hours before the meeting can be approved in a closed hearing ; to in... Actions accessible to members of a public body, but no sixty-day time /CreationDate D:20230216205748! Not boards, and others make government decisions MI 48906 2022 Michigan Municipal League LLC wireless, authority! To Take minutes for legislative bodies because they need to show rationale for the.! Renew your request for a public body, but no sixty-day time /CreationDate ( D:20230216205748 ) days... In a closed must identify a specific statutory exemption to make their meetings note this. Also make corrections to the governor with the advice and consent of a /type /Page See Comp... 2023 Advance Local Media LLC advantage you should renew your request for a public body violate.
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