National Education Association of RI v. Nicole Solas - Complaint and Exhibits
National Education Association of RI v. Nicole Solas - Complaint and Exhibits
vs.
C.A. N0. PC 21-
SOUTH KINGSTOWN SCHOOL
COMMITTEE, by and through its
VERIFIED COMPLAINT
1. This is an action for declaratory judgment and other relief concerning the appropriate
treatment 0f various records requests pursuant t0 the Access t0 Public Records Act (“APRA”),
G.L. 1956 § 38-2-1 e_t seq. In short, this action seeks to: (a) prohibit the disclosure of non-public
records; and/or (b) for those requests that call for personally identifiable and other personnel-
related information about public school teachers, that n0 records be disclosed until the Court
employs a balancing test that properly assesses the public interest in the records at issue
measured against the teachers’ individual privacy rights.
JURISDICTION
2. The jurisdiction of this Court is invoked, in part, pursuant t0 the Uniform Declaratory
Judgments Act (“UDJA”), G.L. 1956 § 9-30-1 e_t fl“ APRA, § 38-2-9, G.L. 1956 §§ 8-2-13 and
8—2-14.
PARTIES
through members, Christie Fish, Kate McMahon Macinanti, Melissa Boyd, Michelle
its
two hundred (200) separate requests for records from the School Department.
Defendants Solas and Hartman are named and included only insofar as Plaintiffs are
9.
required t0 do so pursuant to G.L. 1956 § 9-30-11 which provides that “[w]hen declaratory relief
is sought, all persons shall be made parties Who have or claim any interest Which would be
affected by the declaration, and no declaration shall prejudice the rights 0f persons not parties t0
the proceeding.”
STATEMENT OF FACTS
10. Since 1975, the NEA has been certified as the exclusive representative for collective
bargaining on behalf 0f South Kingstown’s certified teachers.
11. Since 1975, NEARI has negotiated a series 0f collective bargaining agreements
(“CBA”) With the School Department that set forth the terms and conditions of employment for
NEA members.
15. By June 2, 2021, Solas filed about two hundred (200) APRA requests, many 0f
Which contain multiple requests Within the request. Appendix B, List 0f Pending APRA
Requests.
16. At one point, the School Committee considered Whether it should file a lawsuit to
obtain relief from the excessive number of requests by Solas.
17. Following the discussion of a possible challenge to Solas’ APRA requests, Solas
appeared 0n Fox News and on various websites, garnering national attention to her dispute with
the School Committee concerning her requests, and her concerns regarding the critical race
theory. Appendix C, Internet Articles.
18. The requests made by Solas call for a vast variety 0f records. App. B.
19. Following Solas’ requests, the School Department received additional requests from
other individuals and entities. App. B.
For example, there are a vast number of requests from another individual, Defendant
20.
John Doe Hartman. App. B.
21. From April 2021 to July 2021, the School Department received over three hundred
(300) APRA requests. App. B.
The requests include, but are not limited to, requests for records that may relate to
22.
labor relations Which do not constitute public records. For example, 0n May 16, 2021, Solas
submitted Request N0. 48 Which calls for “digital copies pertaining to the AFL-CIO in the last
four months.” App. B, p. 1
23. The “AFL-CIO” is an acronym for the American Federation 0f Labor and Congress
Industrial Organizations. It is a federation of unions that includes the NEA.
24. Solas also submitted Request N0. 100 Which calls for “digital copies 0f public
documents relating t0 Patrick Crowley in the months of March, April, and May 2021.” App. B,
p. 1.
25. Patrick Crowley is a NEARI employee and Rhode Island AFL-CIO official.
26. The requests include, but are not limited t0, requests for records that relate to teacher
discipline and performance.
29. Request No. 182 by Solas calls for “all disciplinary actions and relevant details taken
against any teacher in the school district in the past three years. If actions or details are not
public information, provide how many disciplinary actions are private and against which
teachers.” App. B, p. 2 (emphasis added).
30. Request N0. 202 by Solas calls for records related t0 a song performed by the South
Kingstown High School choir and for records reflecting “what qualifications Ryan Muir [has] to
talk about race and equality With choir students?” App. B, p. 2.
Request N0. 241 submitted by Defendant Hartmann, requests records such as “CVS,
32.
contracts, job descriptions and all documents related to hiring of the first 50 teachers listed in the
staff directory on the website of South Kingstown High School.” App. B, p. 3.
33. The requests include, but are not limited to, requests that call for teacher e-mails.
34. The so-called “teacher e-mail requests” are, for the most part, not broken down by
type or category of e-mail and without regard t0 whether the e-mails are private or public or
contain personally identifiable information.
35. For example, Request N0. 164 calls for all e-mails between Linda Savastano (the
former Superintendent) and Robin Wildman for a period 0f two years. App. B, p. 2.
40. The requests include requests for e-mails 0f various administrators Who are not
members 0f NEA.
41. For example, Request N0. 47 by Solas calls for “digital copies 0f Linda Savastano’s
emails in the last six months.” App. B, p. 1.
42. Request No. 59 by Solas calls for “exactly one hour’s worth 0f work to provide
digital copies 0f Linda Savastano’s most recent emails.” App. B, p. 1.
43. For example, Request No. 297 by Hartman calls for “all Savastano emails from May
17, 2021, to the date this request is fillfilled.” App. B, p. 4.
Case Number: PC-2021-051 16
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 321 9229
Reviewer: Victoria H
45. Based 0n the scope of the requests concerning Savastano’s e-mails, upon information
and belief, a response would call for communications between teachers Who are NEA members
and Savastano that are not public records or would otherwise not be subject t0 disclosure because
disclosure would constitute a clearly unwarranted invasion of personal privacy.
46. On or about July 13, 2021, the Defendant School Committee responded t0 one of the
recent APRA requests by releasing a total of about 6,500 pages of documents.
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47. At this time, there remain many pending requests that are under consideration by the
School Department as reflected by Appendix B.
Declaratory Judgment
G.L. 1956 § 9-30-1
50. Section 38-2-1 provides that the clear legislative purpose of APRA is twofold — (a)
“to facilitate public access to public records,” but also t0 (b) “t0 protect
from disclosure
information aboutparticular individuals maintained in thefiles ofpublic bodies when disclosure
would constitute an unwarranted invasion ofpersonalprivacy.” (emphasis added).
51. Accordingly, pursuant t0 § 32-2-2, not all records kept by public bodies are
considered public records subj ect t0 disclosure pursuant to APRA.
52. For example, public records are only those that are “made 0r received pursuant t0
law or ordinance or in connection with the transaction ofoflicial business by any agency.” § 38-
2-2(4) (emphasis added).
For example, although public bodies may keep many types of records, those that are
53.
kept incidental to other purposes Which are not related t0 the transaction 0f official business are
not public records.
54. For example, personal e-mails of NEA members that are unofficial private writings
not related t0 the official business of the School Department d0 not become public records just
because they are kept 0r received by a public body.
55. Although public policy typically weighs in favor 0f disclosure when records are
public, these principals are not without legal limits. The APRAsystem is not an alternative t0
the civil discovery process and is not t0 be used for abusive purposes 0r a fishing expedition — it
Case Number: PC-2021-051 16
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 321 9229
Reviewer: Victoria H
was not intended “t0 empower the press and the public with carte blanche to demand all records
held by public agencies.” Direct Action for Rights and Equality V. Gannon, 713 A.2d 218, 222
(R.I. 1998).
60. In addition, “[p]ersonnel and other personal identifiable records otherwise deemed
confidential by federal 0r state law or regulation, 0r the disclosure of which would constitute a
clearly unwarranted invasion of privacy pursuant to 5 U.S.C. § 552 e_t are not publicfig”
records subject t0 disclosure under APRA. § 38-2-2(4)(A)(I)(b) (emphasis added).
61. When a record contains personal identifiable information that may constitute a
clearly unwarranted invasion 0f privacy, a balancing test must be conducted that considers the
public interest in the record at issue, weighed against the privacy interests implicated by
disclosure 0f the report. E, gg, Department of the Air Force V. Rose, 425 U.S. 352, 96 S.Ct.
1592, 1599, 48 L.Ed.2d 11, 21 (1976); Lyssikatos V. Narragansett Police Department, Public
Record Case N0. 21-12 (R.I. Department 0f the Attorney General, April 15, 2021); Lyssikatos V.
Goncalves, PC 2017-3678 (Long, J., 3/18/19).
64. Upon information and belief, the School Committee is in the process of gathering and
reviewing documents to respond to the requests pending in Appendix B.
65. It is anticipated that teacher records Will be produced that Will be of a personal nature
and will contain the identities of the teachers engaged in the personal communication as well as
other communications that relate to personnel issues, disciplinary issues, performance issues,
medical issues and issues not related t0 the official business of the School Department.
66. It is further anticipated that teacher records Will be produced that may or will contain
discussions about union-related activities Which are not public records subj ect t0 disclosure.
Case Number: PC-2 021-051 16
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 3219229
Reviewer: Victoria H
70. Given the circumstances 0f the requests, it is likely that any teachers who are
identifiable and have engaged in discussions about things like critical race theory Will then be the
subj ect of teacher harassment by national conservative groups opposed to critical race theory.
A. For certain categories of documents Which are not public records under APRA,
enter declaratory judgment that the requested records are not subject to disclosure. This category
should include, but may not be limited to, personal e-mails, labor relations materials, personnel
records, disciplinary records, evaluations and other records that are incidental and d0 not concern
the official business of the School Department.
For certain categories of documents Which are potentially public records under
B.
APRA, examine the records in camera pursuant t0 § 38-2-9(b) and conduct the balancing test
contemplated in § 38-2-2(A)(I)(b) t0 determine whether the disclosure of such records would
constitute a clearly unwarranted invasion of privacy and thus, shall not be disclosed.
D.
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Grant the Plaintiffs such other relief as this court
Injunctive Relief
deems just and proper.
C. Grant the Plaintiffs such other relief as this court deems just and proper.
Case Number: PC-2021-05116
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 3219229
Reviewer: Victoria H
Plaintiffs,
NEARI
NBA~SK
By their Attorney,
Providence, RI 02903
(401) 421-0065
(401) 421-0964 (fax)
[email protected]
VERIFICATION
Notary Public
/
m7 MW W 773/”
Case Number: PC-2021-05116
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 3219229
APPENDIX A
Reviewer: Victoria H
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boundary=“@000000000003abf8a05c0fcac59"
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questions.
Your response is a dishonest stonewalling.
> Can you just give me the curriculum for Kindergarten then.
>
> On Tue, Apr 27, 2021, 4:33 PM Coleen Smith wrote:
>
>> Hi Nicole
>> Thank you for your email. With the scope of your request for
information
>> on our district, I recommend that you use the link below to
submit our
>> request for this information. It will bring you to the page
0n our district
Case Number: PC-2021-05116
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 3219229
Reviewer: Victoria H
school records
>>> relating to children's sexuality, sexual orientation, or
sexual education.
>>>
>>> 7. Disclosure of all past and present lesson plans that
incorporate or
>>> promote the ideologies of antiracism, gender theory,
transgenderism, and
>>> critical race theory.
>>>
>>> 8. 0n the phone you stated that students build upon a line
of thinking
>>> about history and I need clarity on what exactly this line
of thinking is.
>>> You stated that Kindergartners are asked "what could have
been done
>>> differently" on the first Thanksgiving. What education
objective does this
>>> lesson achieve? What education source supports this
objective?
>>>
>>> 9. On the phone you stated that it is common practice to
refrain from or
>>> be mindful of using gendered terminology, including calling
the students
>>> "boys" and "girls." Please cite the education source
supporting this
>>> practice.
>>>
>>> 10. 0n the phone you stated that children would not be
grouped according
>>> to who has "pigtails" because pigtails is considered
gendered terminology.
>>> Please cite the education source supporting your assertion
'
those topics, a
>>> political activist meeting with a teacher or administrative
personnel, and
>>> any politically affiliated guest hosted or invited by the
school.
>>>
>>> 12. A11 education sources supporting lessons and curriculum
relating to
>>> antiracism, gender theory, transgenderism, race relations,
and sexual
>>> education.
>>>
>>> 13. Please define the following terms, which I presume are
embedded into
>>> the Wakefield Elementary School Curriculum:
>>>
>>> Equity
>>> Culturally Responsive Teaching
>>> Affinity Groups
>>> Implicit bias
>>> Inclusion
>>> Oppressor
>>> Colonialism
>>> Diversity (specifically, is a balanced diversity of
'
viewpoint implicit .
APRA form fl DateafReq Requester Date billed: Date was an Response_Due_D Date_Resp
uest _LN Payment extension ate onded
Received: requested:
TextofRequest
not yet started
Jenna is working on
it
payment received;
response pending
‘
'a '.;r a.
169 5/27/2021 SOLAS Disabilities Act in the past ten years. 6/11/2021
Details of implicit bias training/kingian
nonviolence training described in PO
#21000244 for $4,999.00 including location of
training, length of training, materials of training,
290 6/20/2021 Hartman All public information on West Kingston Parent Book Club. 7/2/2021
7/27/2021
$120.00
=payment
for
requests
301 7/1/2021 GoldwaterInstitute-RichefiflWH—eflw7/13/2oz1s7z#1 & #3 7/16/2021
7/2/2021 <threeboyg@¥sand1doz between January lst, 2021 and April 9th, 2021. 7/16/2021 8/17/20217/19/2021
Case Number: PC-2021-051 16
Filed in Providence/Bristol County Superior Court
Submitted: 8/2/2021 2:59 PM
Envelope: 3219229
Reviewer: Victoria H
'7 7
.
'
7/16/2021 8/2/20217/22/2 x
799/2021
305 7/14/2021 IAFRATE 1 - A copy of all pending APRA requests as ”14/2021 "28/2021
-
A list of an 300°
oftoday, July 14, 2021; 2
pending APRA requests with the following
information: (a) the date of the request; (b)
the name of the person/entity making the
request; (c) the substance of the request
(what documents are being requested). 3 -
investigating through pubEic records requests how criticai race and gender
theories are integrated into lessons, school policies, and contracts. Now the
School Committee is considering suing me to stop me.
Race Theory (CRT) and gender theory were integrated into lessons when an
elementary school principal told me that teachers don’t refer to students as
-
Envelope: 3219229
Reviewer: Victoria H
| |
Then Iasked for a tour ofthe elementary school and the Superintendent
offered me an in-person or virtual tour, but never responded with a date
and time despite my numerous follow-up emails and phone calls. After
almost a month of radio silence the Superintendent then told me that now
they were not offering tou rs due to Covid restrictions. Yet the
Superintendent offeredtours of other schools to campaign for a school
bond.
Ialso asked to see the elementary school curriculum. | asked the principal,
curriculum on any day and time. Then a school committee member directed
Under the APRA, "a reasonable charge may be made for the search or
retrieval ofdocuments. Hourly costs for a search and retrieval shall not
exceed fifteen dollars ($1 5.00) per hour and no costs shall be charged for the
first hour of a search or retrieval." Additionally, each copy costs 15 cents.
These initial high estimates of public records requests are common barriers
No one in the school department ever told me it was a problem while I was
in constant contact with them to request and purchase information. I
Then, on Friday, May 28, the school committee set an agenda item for a
The most puzzling part of this shameful abuse of government power is that
numerous attorn eys with whom I’ve consulted cannot figure out the basis of
a claim against me. There is no limit to submitting public record requests.
period for the purpose of cost.lt states: “[M]ultiple requests from any
person or entity to the same public body within a thirty (30) day time period
shall be considered one request." Accordingly, I did not submit 160 requests
-I submitted ONE.
surrounding CRT and gender theory in public schooi. I su5pect they are also
displeased about my criticism of the antiracism policyand appointment
and hiring policy, both of which are under review and breathtakingly racist.
my own name is one of two agenda items in open session. Here am feeling I
Ican think ofa dozen better ways myAPRA requests could have been
addressed. The Su perintendent could have hired a temporary assistant for
$1 2 an hour to retrieve documents. If the school department is concerned
about this extra cost of fulfilling my public record requests, it should use its
Reviewer: Victoria H
vilify a mother.
Ifthe school system starts to bully you because you are asking too many
questions, then you're winning. Don't give up.
UPDATE
(ADDED 6/2/2021 BY LI STAFF)
(ADDEDJUNE 3 BY LI STAFF)
South Kingstown (RI) School Committee Votes NOT To Sue
Mom Nicole Salas Who Sought CRT Records
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by ViIginia Allen
Nicole Salas was surprised lo find her name listed on the meeting agenda of her local
The Rhode Island mother of two began filing records requests with the South Kingstown
School District several months ago, when she learned lhal teachers were
incorporating critical race theory and gender ideology in the curriculum.
Bul she didn’t expect the school board to talk about suing her.
"I
was shocked," Solas, 37, told The Daily Signa! in a recent phone interview. The school
board. she said, “did not tell me that [the requests were] a problem."
The school board 100k a portion 0f the meeting to discuss Solas's many requests under
Rhode Island’s Access t0 Public Records Act. Solas' requests focus on gaining information
about whal the school system teaches students relating to critical race theory and gend er
ideology.
WARROOM
"More than 200 APRA requests have been filed by a single
weeks alone." Emin Cummiskey, board chairwoman at the time,
individual
said
in just the last
June 2 in
few
a formal
I—I
LIVE Monday - Hidav
statement. 10am-129m EST I 9am-1iam CST
Spru-épm EST I 4pm-5pm CST
Cummiskey added that fulfilling Solas’s requests would take “more than 300 hours of our
district’s time” and distract from "efforts lo make our schools more equitable, inclusive, and
empowering by eradicating any harmful practices 0r prejudioes through equity and anti—
'-
W
= Advisers
racism teachings."
Four days after The Dafly Signal inquired about Solas’s concerns, the school
superintendent ate pped down June 28 without answering the request for comment.
district's
x --'-=.-::;-
UNCOMPROMISE INVESTING
Critical race theory. which has become a major concern 0f parents in school systems across LEARN MORE
the nation. incorporates Marxist theories 0f oppressor versus oppressed. It "ultim ately
defines all history and human interactions as a perpetual racial conflict." as The Dafly Signars
Jarrett Stepman has written.
LANSING
Solas enrolled her oldest child in kinderganen in the South Kingstown School District in
March. She then called lhe principal 0f the elementary school t0 schedule a tour and ask a
few questions about the curriculum before her daughter begins school in the fall.
51°
Al the end 0f the call, Soles asked the principal whether the school, whose name Soles
clear sky
wishes to keep private, ta Light anything related to critical race theory or gender identity.
95% humidity
wind: Orru's N
She said she was told that concepts related l0 critical race theory and gender ideology are H 54 -
L 48
integrated into lesso ns.
Teachers "don’t call the children boys 0r girls,” Salas said me principal told her. "They refrain 73° 76° 79° 79°
from using gender terminology.” MON TUE WED THU
Solas said the principal called "common practice” for teachers t0 use gender—neutral
it a
terminology. But when she pressed the principal on where this "common practice" came
from, Solas said. the principal told her that she did not know.
Solas also learned that a South Kingstown kindergarten teacher "asks 5-year—olds 'what
Email Address *
After she emailed the principal, school leadership asked Solas lo submit requests for public
"They would respond eimer with an estim ate, [0r] sometimes they would give me documents Last Name
for free,” she said.
——
Envelope: 3219229
The school district "may charge a fee 0f fifteen cents ($.1 5) per page for copies and/or
Reviewer: Victoria H Sign me up!
fifteen dollars ($1 5.00) per hour. after the first hour. for search and/or retrieval 0f
Bul she wasn't notified about an issue wilh the number of requests until she learned mat me Trending
school board, formally called the South Kingstown School Committee, was considering
taking the legal action against her, Soles said.
"You told me lo submit public record requests t0 answer my questions," Solas told school
board members, according to a recording of the June 2 meeting. "I
did what you told me,
and now you are holding a public meeting to discuss suing me for doing what you told rne to
do. This meeting was meant to publiciy humiliate me, and it didn’t work.”
Michigan’s Wisconsin
New Assembly
Diversity Speaker V05
and Expands
Inclusion Election
Director Probe
Receives
$130,800
Salary
Michigan Former
Gov. Michigan
The school board meeting ”felt like my show trial,” Salas told The Dan‘y Signal. Whitmer Senator Carl
Signs Levin Dead
Driver's at 87
During the meeting, her requests for public records were displayed on a large screen and
License
categorized by type, she said. Extensions
into Law
"It felt like they were examining exhibits t0 enter into evidence against me," she said.
The school board uttimately voted unanimously not t0 file a lawsuit against Salas, agreeing
lo seek mediation first.
Cummiskey stepped down six days later as chairwoman of the Scum Kingstown School
Committee before announcing her resignation from the bnrd entirer during a meeting June Detroit, Arizona
22. Michigan Senate
Voters to President
Decide on Karen Pann
In an impassioned speech, Cummiskey said she hopes all the people of South Kingstown
Left-Wing and Audit
"realize the damage that's being done every single day mat you all choose not to try to come ‘Proposal P’ Liaison Ken
together.” on 'I'uesday Bennett
Confirm
”We are in a dangerous place ._ and if everybody does nol take a deep, freaking breath, we Bennett Will
Remain as
are going to be in real trouble,” she said. Senate
Liaison,
Pledge
Bennett Will
Have ‘Full
Access'
Michigan Twitter
Gov. Suspends
_
Story Calendar
JUII 2021
S M T W T F
Christie Fish, who was vice chaimoman of the board, resigned from that position following
-
Neimer the Somh Kingstown school board, nor me school district’s superintendent, Linda
11 12 13 14 15 16 17
Savastano, responded l0 The Daily Signaf's email request June 24 for comment on specific
issues raised by Salas. 18 19 2|] 21 22 E 24
. .. __ _
25262728293031
thout spemfylng reasons, Savastano announced her reSIgnatIon as superintendent June
28, four days after The Daily Signal's inquiry. In a written statement, she said in part: "I
know
that this is the best decision for all involved.” °‘ Jun AUQ 3
The school board unanimously approved a "separation agreemem” with the superintendent
afleriust under two years, re poned The Independent, a local newspaper.
Earlier in June, Salas said she paid the school system $300 for different pieces of
information, including the emails 0f a school board member. She said she has received only
a ponion of the information requested, but what the school sent is useless.
"I
received completely redacted emails,” Solas told The Daily Signal in an email Friday.
"Everything is blacked out except for some spam and adveflisements. The school even
redacted the dates 0f emails so it is impossible for rne to know whether these emails are
from the time period | requested.”
After the June 2 meeting, the school board got in touch with her attorney and "asked me to
send them a prioritized list of which [documents covered by the Access to Public Records
Act] I wanted first,” Salas told The Daily Signal in an email June 24.
The school board responded by asking for a fiflday extension 0n responding to her
outstanding requests for records, Salas said. She rejected the offer, she said, because she
considered il "not an offer at all."
The school board "defamed me in a public meeting on June 2 and then later demanded I
wail an extra 60 days for them lo respond to my APRA requests," Soles lold The Daffy
Signer, adding:
J
They made no offer Io waive any fees assocfared with [my] purchasing the information
This is an offer ofnoncompfiance, and fr was so unreasonable mar! said I was nor
interested t'n
funher negotiation ofmy cfw'! right r0 access pubh'c informan'on after
In early July, Salas said, she paid for ano1her $600 worih of information after receiving a
Parents should get involved and find oul what is being taught t0 their children, Solas said,
"The people who work at schools arejust ordinary people like us, and we should not have t0
Virginia Allen is a news producer for The Daffy Signal. She is the cohost 0f The Daily Signs!
D NafionaL News 6 Board of Edumfion, children, critical melhennr, CRT, education, local school beam,
mediation. meefing, Na‘tional. parental concerns, School, School choice, school oomm'rltee, Sdmol District, qwech,
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