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Archive for the ‘Ethics’ Category

Terrebonne Parish Sheriff Jerry Larpenter does not tolerate criticism and he will go after those who dare to step over that line.

The raid on the Houma police officer’s home has been well documented (CLICK HERE) as was the ruling (CLICK HERE)  by the First Circuit Court of Appeal which said the raid was clearly unconstitutional.

Earlier this year, the officer and his wife filed a lawsuit in federal court against Larpenter and about half of Terrebonne Parish’s political power brokers. (SEE HERE).

But long before the fireworks between Larpenter and former deputy and Houma police officer Wayne Anderson, Larpenter went after his own brother and sister-in-law, proving that, in this case, at least, blood is not thicker than water. That dispute has been non-stop for at least 12 years now.

It was July 27, 1995, when Larpenter called upon his legal counsel, Houma attorney William F. Dodd (if that name seems familiar, it’s probably because his pappy, William J. Dodd, served as state auditor, lieutenant governor, and state superintendent of education and twice ran—and lost—for governor) to fire off a two-page threatening letter to brother Anthony Larpenter and his wife, Barbara.

There are those who are going to accuse LouisianaVoice of dredging up old news but the letter and the subpoenas that followed less than two months later represent a mindset in the Terrebonne Parish Sheriff’s Office, a pattern, if you will. Let’s face it, you have to have a pretty thin skin to call down the powers of your office on ordinary citizens whose most grievous offense was criticism of the manner in which you run that office.

The letter is the typical letter of legal intimidation, filled as it was with the usual attorney bluster, demands and threats but in the end, nothing but a loud, bullying, cheap tactic to stymie free speech.

“…I would by this letter advise Mrs. Larpenter that public officials are not second-class citizens, and if she continues to embark upon the path she has previously taken, that being to cast my client, Sheriff Jerry Larpenter, in a totally unfavorable light as a result of her reckless and defamatory remarks, Sheriff Larpenter shall have no choice but to institute legal proceedings to protect his reputation,” Dodd wrote.

“…The next time Mrs. Larpenter makes these unfounded remarks, appropriate action will be taken from the civil standpoint, and a request will be made to the district attorney’s office to review her actions to determine whether or not criminal proceedings should be instituted,” Dodd said.

There is an obscure state statute (R.S. 14:47)under which criminal charges may be brought against an individual for defamation. The maximum penalty under that statute is a fine of $500 or imprisonment of up to six months, or both.

Now I’m not an attorney, but I have to believe that criminal prosecution for defamation, libel or slander under this statute—unless, that is, you are making written or verbal physical threats against the well-being of someone—would be an extremely risky move for any politician. And Dodd’s letter makes no mention of any such threats, so it’s a little puzzling how he thinks he can morph disparaging remarks against an elected official into criminal action.

Once that precedent is set, television campaign ads will cease to exist since distorted attacks and outright lies are all they consist of and no one would ever be allowed to talk about an elected official again. That’s a slippery slope that can only lead to a totalitarian form of government.

Of course, Dodd’s letter also could have been nothing more than legal puffoonery, which is far more likely.

Less than two months later, on September 12, Larpenter, as a precursor to what the Andersons could expect 11 years later, had subpoenas served on his brother and sister-in-law. The subpoena demanded that they “produce the original taped conversation between deputy Gary Sanders and Deputy Jed Boquet on or about January 6, 1995.”

 

There was no indication as to what the conversation between the two deputies was about but it obviously was of considerable concern to Sheriff Larpenter.

Dodd ended his July letter on a really ugly and sinister note when he wrote, “I would point out that in the event a civil action is filed, and Sheriff Larpenter is successful, this being a community property state, and assuming that Mrs. Larpenter has no separate property agreement, any judgment that might be obtained in favor of Sheriff Larpenter, could be entered against this total community property owned by both of you.”

Translation: Mr. Larpenter, you’re the man of the house; you need to shut your wife up.

Well, Sheriff, those days are long gone. Forever. You’re still living back in the 1940s and ‘50s if you think this still plays. Women have a loud voice today and they do not have to ask permission to speak. Edith Bunker doesn’t exist anymore.

But you and Mr. Dodd would be wise to listen.

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LouisianaVoice has been informed that State Fire Marshal Butch Browning has been summoned to a meeting in the governor’s office next week.

There was no immediate indication what that meeting will be about but if the report is accurate, there are a couple of items the administration may wish to ask Browning about:

  • Why did the office of State Fire Marshal (SFM) spend $4,649 in May 2015 to “up fit” the office’s special food service trailer for the purpose of supporting “events and emergencies with equipment for field food services when necessary,” but when the August 2016 flood struck South Louisiana, SFM agents say they had to fend for themselves because that food service trailer was nowhere to be found?
  • Why did the SFM spend $4,900 in May 2015 as a deposit for LR3 Consulting of Baton Rouge to create a website for Louisiana Firefighter Proud when Louisiana Firefighter Proud is a private entity not affiliated with any state agency?
  • Why is it that the SFM claims to have no record of purchasing drones for $7,500 each from a New York vendor when SFM agents insist they were purchased and training records for at least one SFM deputy lists an eight-hour course in drone training and safety compliance?

LouisianaVoice has attempted—unsuccessfully—to obtain answers to these questions.

When I inquired into the 10 washers and 10 dryers and the drones, I received the following response from the SFM’s legal department:

From: (Name redacted by LouisianaVoice)
Sent: Thursday, August 17, 2017 9:11 AM
To: Tom Aswell <azspeak@cox.net>
Subject: PRR: Louisiana Voice Request dated 8/8/17

Mr. Tom Aswell

PRR: Louisiana Voice Request dated 8/8/17

SFN: 00000-77

Dear Mr. Aswell:

With regard to the email below, your request to view ten clothes washers and dryers, the Office of State Fire Marshal has no washers and/or dryers at 8181 Independence Blvd., Baton Rouge, Louisiana.  

Additionally, in your request you asked for receipts for four drones from B&H of New York at approximately $7,500 each. No such documents exist.   

Please feel free to contact me if you have any questions.   

Best Regards,  

(Name redacted by LouisianaVoice)

Office of State Fire Marshal

8181 Independence Blvd.

Baton Rouge, LA 70809

So, if those washers and dryers are not at 8181 Independence Blvd. (SFM headquarters), where exactly are they and why can’t I be allowed to view them?

I posed that follow up question to the SFM’s office but have yet to receive a response.

It took a former employee of the SFM to clear up that little mystery. The washers and dryers, he explained, were not purchased but leased from Broad Base Service and Rentals in Harvey for $4,999.99, one cent below the minimum purchase amount that requires quotes from vendors. They were rented, he said, to wash the uniforms of deputies working the August 2016 flood of South Louisiana. The September 6 transaction date would seem to substantiate that explanation.

That same individual said he, too, had heard that Browning had been notified to appear at the governor’s office next week.

He also said no one at SFM is minding the store as concerns purchases on the state credit card. “You’re on the right track in checking those credit care purchases. There is absolutely no control over the expenditures in that office.”

I did receive a response to some of other public records requests, namely training certificates for four deputy fire marshals.

Without naming the individuals, I can say that some of the training courses appear to have little to do with inspections of amusement rides, boilers, nursing homes, hospitals, jails, or mobile homes, all of which are part of the SFM’s responsibilities.

In other states, each of those areas would be assigned to deputies specifically trained in those respective areas but in Louisiana, deputies under Browning are “cross-trained,” meaning they are expected to be proficient—and certified—in all inspection disciplines.

In examining the record of one deputy, I found a certificate for an eight-hour course in “Law Enforcement Chaplaincy” from an organization identified on his certificate as Compassion Ministries.

While this is by no means meant to disparage a deputy’s faith, there appears to be little connection between that certificate and building, ride, boiler or fire inspections or investigations.

I also found certificates for all four for such courses as ethics, preventing sexual harassment and defensive driving. As one who has taken each of these courses during my 20 years with the state, I can attest to their absolute uselessness—with the possible exception of the ethics course, which is only slightly more comprehensive. Still, those courses appear to be of little benefit to a SFM deputy working in the field, investigating fires, inspecting buildings, rides, and boilers.

Conversely, there were courses listed in that make it appear that Browning is attempting to turn the fire marshal’s office into a full-blown police force on a par with State Police:

  • Drug enforcement training (16 hours);
  • Narcotics investigations (48 hours);
  • Hostage negotiation (four hours);
  • Military police training (a five-month course);
  • Traffic radar operation (four hours);
  • Advanced criminal patrol tactics (eight hours);
  • Chemical weapons familiarization (four hours);
  • Use and handling of stringer spike strip systems (one hour);
  • Shotgun familiarization (four hours);
  • Drugged driver detection (four hours)
  • Chemical testing for intoxication (16 hours);
  • Police driving (24 hours);
  • Taser certification (four hours);
  • Unspecified FEMA training;
  • Introduction to cultural diversity.

By contrast there were courses that seemed to be a bit more relevant, though the four deputies whose records we reviewed did all not seem to have the advantage of taking the same courses:

  • Effective Investigation and Testimony (three hours);
  • Investigating Fatal Fires (four hours);
  • Commercial Building Code Fundamentals;
  • Hazardous Materials Awareness (four hours);
  • Firestop Seminar (three hours);
  • Sprinkler Seminar (three hours)
  • National Electrical Code Seminar (16 hours);
  • Scientific Method of Fire and Explosion Investigation (three hours);
  • Electrical Safety (three hours);
  • Residential Electrical Investigation for the Fire Investigator (24 hours);
  • Post Blast Investigators School (40 hours);
  • Critical Thinking Solves Cases (four hours);
  • Investigating Natural Gas Systems (three hours);
  • Investigation of Commercial Kitchen Fires (eight hours);
  • Residential Natural Gas Systems (three hours).

While there were records of only four deputies to review, it seemed odd that for a department stressing cross-training as does the SFM, there were no courses listed in boiler inspections, amusement ride inspections, nursing home or hospital inspections, or mobile home inspections for any of the individuals.

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Since our publication of those Crimson Tide pictures on a Terror-Bonne sheriff’s patrol vehicle, we have gotten all manner of pushback from supporters—and one apparent relative—of Sheriff Jerry Larpenter, one even suggesting we had libeled the good sheriff (we have not, by any definition of the term “libel”).

If those good people think we have been a little tough on Sheriff Larpenter, we have a few more surprises that are certain to get their blood boiling.

This is the sheriff, you recall, who had a search warrant executed against a blogger who had the temerity to criticize the man who holds what is arguably the most powerful elected office in the parish. The blogger’s home was raided in the early morning hours and his computers seized only to be sheepishly returned after a federal judge read the sheriff the riot act about a person’s First Amendment rights.

One who commented on our story said, “You guys do realize those letters are photo-shopped into that picture, right?”

Um, no.

Another well-meaning writer who works in graphic arts assured us she had no dog in the hunt but after examining the photos, she, too, was of the opinion they were photo-shopped.

Nope. Afraid not. It turns out they are produced specifically for Alabama fans. Subsequent photos put up by LouisianaVoice revealed that the tires had been turned around since our store so as to not be visible to the public.

But then the dealer who sold the tires to Larpenter’s department weighed in, saying that the tires cost no more than any other tire because they were on state contract and actually cost less than what they cost the dealer.

Okay, we concede that point but if the good sheriff had nothing to hide, why was he so quick in flipping them so that the lettering faced the undercarriage of the vehicle? Perhaps he did so to escape the wrath of LSU fans who can be every bit as rabid as ‘Bama faithful.

One writer, who identified himself as Joseph Larpenter, wrote, “If that’s all you people are bitching about is tires, then you are stupid. I know the reason behind the tires and it’s a great idea. I’m not saying this because of who I am. I’m not stupid to this approach. If you don’t get it, then you are stupid as well.”

He later emailed us to say, “Because of a set of tires really.” The lack of punctuation marks in the appropriate places sort of diluted his message, but we get it. He doesn’t like us and he thinks we’re picking on the sheriff as did the person who commented that we were treading dangerously close to libel. Our only response to that is that he’s obviously not an attorney.

Well, today we received a little tip about deputy overtime pay and, considering the financial plight of the sheriff’s department where employee benefits have been cut back to help the sheriff overcome a huge budgetary deficit, the numbers ain’t pretty.

Take Maj. Tommy Odom, for example.

Maj. Odom apparently is a workhorse of unlimited energy and a capacity for long hours.

Copies of time sheets from nine randomly selected two-week pay periods indicate Odom’s income may well surpass that Larpenter himself working as he does an average of 21 hours per week in overtime.

The man is dedicated, working Saturdays and Sundays and hardly, it seems, even taking time to go home for lunch, taking as he does only half-hour lunch breaks.

Why, in a single two-week pay period, he logged 88.5 hours over and above his regular 80 hours, good for an extra $5,100 in overtime in addition to his regular pay of $4,080. From September 15, 2014 through September 28, he worked 13 consecutive days, logging as many as 15 hour on several of those days, according to the time sheets obtained by LouisianaVoiceCLICK HER FOR TIME SHEETS

Using the nine pay periods as a base, it showed he worked an average of 21 hours per week overtime. At his base rate of $51 per hour, his regular salary is about $2,040, or around $106,000 per year. At the legal time and one-half overtime rate, he made $76.50 per hour for his overtime work, which, at an average of 21 hours per week, would be about $83,500 in addition to his regular salary.

These figures aren’t photo-shopped. They’re real. And it leads one to wonder just what it was that Odom did during all those overtime hours—or why he was allowed such latitude.

Odom, our source said, is the only one of his rank who is allowed to work overtime. In fact, our source said, “No one else at Terrebonne Parish Sheriff’s Office at the rank of captain or above is allowed to work overtime.” Only Odom, who also is charge of purchasing. When he previously worked patrol, our source says, “he used to dictate his reports to his wife and she would write his reports for him.”

So, while we had a little fun with our tire story, the manner in which Larpenter runs his office is serious business and remains a sticking point with many residents of Terrebonne Parish.

So, in response to Mr. Joseph Larpenter, who obviously has skin (or at least kindred blood) in the game: No, bitching about tires is not all we have to bitch about is tires—not by a long shot. And LouisianaVoice will keep poking and probing and prodding for answers and we will report our findings.

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I’ve got no quarrel with anyone who wants to display his loyalty to a particular college or professional sports team. As a Louisiana Tech graduate, I naturally pull for the Bulldogs and because I live in Denham Sprints, right next door to Baton Rouge, I’m an LSU baseball fan.

And I’ve been a Boston Red Sox fan all my life, dating back to the days of the greatest hitter of ‘em all, Ted Williams who also, incidentally, was very active in helping raise money for the Jimmy Fund, a benefit program for children suffering from cancer. He did so quietly and privately, regularly visiting sick children. There was one ground rule, however: no media were to know when he was there. On one occasion a sick child was holding Ted’s finger in his hand. As Ted tried to leave, the child wouldn’t let go. Williams had a nurse bring a chair to the child’s bedside and he sat there all night holding his hand.

I have LSU, Tech and Red Sox caps and T-shirts but no bumper or window stickers but see nothing wrong with those who openly support Mississippi State, Florida or even Alabama on LSU turf—even if that person happens to Terrebonne Parish Sheriff Jerry Larpenter.

You remember Larpenter. He’s the one who got a judge to sign a search warrant so he could raid the home of a blogger whose only sin was being critical of Larpenter. You know, free speech and all that.

A federal JUDGE threw that search warrant in the trash can and in doing so, gave a Larpenter a verbal lashing and a refresher course on the First Amendment while clearing the way for a civil rights lawsuit against the high sheriff.

Well, now we learn that Larpenter, even as he cut back on his department’s matching deferred compensation for his employees and cut a boat load of other benefits as well in an effort to overcome his department’s $3 million deficit, saw nothing wrong with blowing a tidy sum on special tires and rims for one of the Sheriff’s Department’s vehicles.

In what was obviously a hilarious joke on the local LSU fans, Larpenter’s tires have nice white raised lettering reading “University of Alabama Crimson Tide.”

And while the “in your face” rolling proclamation might rankle resident Tiger fans, it should really raise the hackles of local taxpayers who’re paying for this unusual expenditure.

This little gesture must certainly fall under the “What the hell were you thinking” classification of really stupid things to do, Sheriff. It would have been far more economical to just get a Tide rear window sticker—and it’d be a lot less offensive to those who write checks for their property taxes each December.

But then again, this is the type mentality we get from elected officials who feel sufficiently immune to voter outrage and who seem to think of their office as just that—their office, instead of belonging to the people who have bestowed upon them the privilege of occupying the office temporarily.

(Lord, I hope he doesn’t get a search warrant to come barging through my front door at 6 a.m. to seize my laptop the way he loves to do to bloggers who criticize him. I just painted the door and put in new flooring following last year’s flood and don’t need the aggravation.)

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There have been some curious hires at the State Fire Marshal’s office which have attracted the attention of LouisianaVoice.

Two in particular: former State Rep. Bryan Adams and Dean Smith.

Of the two, Adams raises the most questions.

There is no question that Adams, unlike Smith, possessed experience in firefighting, having served as Chief of the Terrytown 5th District Volunteer Fire Department for 31 years, from 1982 to 2013.

But when he resigned from the Louisiana House of Representatives in July 2016 after four years, seven months in office to take a position as Deputy Chief-Investigations with the State Fire Marshal’s office, he was already working simultaneously as Customer Service Manager for Ferrara Fire Apparatus of Holden, a company that had extensive dealings as a major vendor for the Fire Marshal’s office at a whopping $120,000.

That, combined with his position as State Representative, might raise eyebrows. As a member of the Legislature, he had a vote on the budget for state agencies, including that of Fire Marshal, which did business with his employer. CLICK HERE.

He was elevated to Fire Chief on January 2 of this year but his salary did not change. He remained at the Fire Marshal’s office for only another month after that, until February 12, when he went to work for the Department of Revenue at a salary of $71,300, a drop of almost $49,000 in salary. He recouped some of that lost salary on June 19 of this year when he went to work as Executive Director of the Louisiana Seafood Promotion and Marketing Board at $91,000 per year (CLICK HERE).

Bryan Adams

Begin Date End Date Agency Job Title Biweekly Pay Rate
6/19/17 Present CRT-Office of the Secretary Executive Director $3500.00 (6/19/17 to present)
2/13/17 6/18/17 DOR-Department of Revenue Executive Staff Officer $34.30/hour (2/13/17 to 6/18/17)
1/2/17 2/12/17 DPS-Office of the State Fire Marshal Fire Chief 4615.39 (1/2/17 to 2/12/17)
6/24/16 1/1/17 DPS-Office of the State Fire Marshal Deputy Chief-Investigations 4615.39 (6/24/16 to 1/1/17)

So, who is Dean Smith?

No, not the legendary University of North Carolina basketball coach who passed away in February 2015.

We’re talking about the Dean Smith whose last day as police captain for the Pontchartrain Levee District was January 27, 2017, not quite seven months ago and who went to work as a Fire Chief for the Louisiana Office of State Fire Marshal (SFM) three days later at a cool $85,000 per year.

Nothing in his background would seem to qualify him as Fire Chief.

The Louisiana Civil Service Department says Dean Smith began working for the Pontchartrain Levee District as a Police Captain on July 1, 2010 at a salary of $61,000 per year.

On March 12, 2012, he was designated as a Police Captain A and on October 1, 2015, his salary was $71,000 and remained at that level until his departure on January 27 of this year. Three days later, with no professional experience to qualify him for his Fire Chief position, his salary jumped by $14,000 per year, to $85,000.

Dean Smith

Begin Date End Date Agency Job Title Biweekly Pay Rate
01/30/17 Present DPS-Office of State Marshal Fire Chief $3269.23 (1/30/17 to present)
3/5/12 1/29/17 Pontchartrain Levee District Police Captain A $2744.80 (10/01/15 to 1/29/17)

$2639.20 (10/1/14 to 9/30/15)

$2537.60 (10/1/13 to 9/30/14)

$2440.00 (10/1/12 to 9/30/13)

$2346.40 (3/5/12 to 9/30/12)

7/01/10 3/4/12 Pontchartrain Levee District Police Captain $2346.40 (7/1/10 to 3/4/12)

Smith was a volunteer fireman in Gonzales when Browning was Fire Chief there and the two are close friends, often joining each other on motorcycle rides.

Smith was also an Ascension Parish deputy sheriff at one time. While in that capacity, he had a gun to discharge accidentally, striking a prisoner in the spine and rendering him a paraplegic. He left the sheriff’s office after that, was elected a justice of the peace and eventually resigned to work for the levee board.

Irony of ironies, we are informed that one of the current duties of the man who once accidentally shot and paralyzed a man is to serve as firearms instructor for the Fire Marshal’s office.

Despite holding down a critical job like Fire Chief, it’s impossible to reach Smith by telephone because, you see, he has no phone extension at the Fire Marshal’s office. None. Nada. Nil. Zip. Attempts to call him on two separate occasions by LouisianaVoice met with explanations that he had no extension but that a message would be given him to return the call.

Of course, he never did.

Wanting to know just what it was that Smith did to earn his $85,000, we emailed State Fire Marshal Butch Browning, the man himself. He should know, after all:

From: Tom Aswell [mailto:azspeak@cox.net]
Sent: Friday, August 11, 2017 1:07 PM
To: ‘butch.browning@la.gov’ <butch.browning@la.gov>
Subject: FW: DEAN SMITH

Mr. Browning:

How long has Dean Smith worked for the Louisiana Office of State Fire Marshal and why does he not have a phone extension?

What, exactly, is his title and what are his duties?

You will notice our email was sent at 1:07 p.m. last Friday. Minutes later we received a receipt showing that Browning had read our email at 1:08 p.m.

_____________________________________________
From: Butch Browning [mailto:Butch.Browning@la.gov]
Sent: Friday, August 11, 2017 1:08 PM
To: Tom Aswell <azspeak@cox.net>
Subject: Read: FW: DEAN SMITH

Your message

To: Butch Browning
Subject: FW: DEAN SMITH
Sent: Friday, August 11, 2017 1:07:24 PM (UTC-06:00) Central Time (US & Canada)
was read on Friday, August 11, 2017 1:08:01 PM (UTC-06:00) Central Time (US & Canada).

But Browning never answered our inquiry, so four hours later, at 5:12 p.m., a follow-up email was sent but alas, he must’ve already started his weekend for he never opened that message:

From: Tom Aswell [mailto:azspeak@cox.net]
Sent: Friday, August 11, 2017 5:12 PM
To: ‘butch.browning@la.gov’ <butch.browning@la.gov>
Subject: FOLLOW UP

I received the receipt showing that you read my previous email but you didn’t respond. You should know that it isn’t in your best interest to ignore me when I ask valid questions. And those were valid questions I asked before.

Not a threat, just friendly words of advice.

As we said, Butch, not a threat. But legitimate inquiries should never be ignored. As the slogan at the top of our web page says, “It is understandable when a child is afraid of the dark but unforgivable when a man fears the light.” The tactic of ignoring inquiries has never worked. It will not make us go away; quite the opposite, in fact.

So, to learn just what else besides teaching firearms safety does a Fire Chief at SFM do to earn his $85,000, we were forced to turn to other sources, current employees in the Fire Marshal’s office, both of whom said Smith and Browning are pals from way back.

One of those says Smith was hired to oversee the non-existent SFM fleet of boats. Well, it shouldn’t too difficult for a Fire Chief with no apparent firefighting experience to watch over boats that don’t exist.

He also cooked jambalaya for attendees at a firefighters’ conference held in Houma the weekend of July 19-22. Oh, well, at least there most likely was some fire involved with that.

If that conference could somehow be deemed an emergency, perhaps that might justify the use of the SFM’s special service trailer. The trailer was “up-fitted” in May 2015 from 5 Alarm Fire Apparatus of Raceland at a cost of $4,649 “for USAR emergency field food service cooking during emergencies.” The Fire Marshal’s office said at the time the expenditure was necessary, that the office “has no way of supporting USAR events or emergencies when they take place. This up-fit cooking trailer will now support events and emergencies with equipment for field food services when necessary.”

They probably also made good use of the 30-gallon roll-around combo set (complete with paddles for stirring the jambalaya) purchased in January 2015 from Krazy Kajun Cookware for $895.

But, despite the apparent critical need for an $85,000 per year Fire Chief, Boat Watcher and Jambalaya Cook, he doesn’t have a telephone extension at the Fire Marshal’s headquarters in Baton Rouge even though that’s where he works reports to collect his salary.

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