HomeMy WebLinkAboutAgenda - 12-06-2004-5qORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 6, 2004
Action Agenda
Item No. 5 -~},~
SUBJECT: Adoption of Draft Rules of Procedure Governing the Organization and
Operation of the Orange County Animal Services Advisory Board
DEPARTMENT: Manager's Office
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
A, Third Draft w/Changes Highlighted
B, Clean Draft w/Changes Incorporated
INFORMATION CONTACT:
Geoffrey Gledhill, County Attorney
Gwen Harvey, Asst. Mgr., Ext 2307
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To present for BOGC consideration the third draft of the Rules of Procedure
Governing the Organization and Operation of the Orange County Animal Services Advisory
Board.
BACKGROUND: The BOCG at its meeting on November 3 reviewed the second draft of the
Rules as developed by staff and provided additional comments for ftarther modification. The
County Attorney in conjunction with staff has prepared the third draft (Attachment A).. Also
attached is a "clean" version of the third draft that incorporates all changes made thus far to
show what the final document would look like (Attachment B),
Highlights of the Third Draft Include:
• Increases the overall Board size from 9 to 12 members
• Establishes license/certification requirements for animal handler/trainer/technician
representatives (Applicants for appointment would have to submit appropriate
documentation of credentials.)
• Establishes two Appeals Committees -one far Dangerous Dogs and one for Adoptions
• Meetings will employ Robert's Rules of Order, Revised, same as the BOCC
• Provides for general public comments at ASAB meetings
• Provides for special meeting notification procedures
Applicants to serve as the veterinarian representative to the Board of Health will be advised in
the future of his/her concomitant responsibility to serve on the ASAB and the Appeals
Committee for Dangerous Dogs, if appointed by the BOCC,
FINANCIAL IMPACT: There is no fiscal impact associated with the adoption of the draft Rules
of Procedure.
RECOMMENDATION(S): The Manager recommends that the Board adapt the draft Rules of
Procedure Governing the Organization and Operation of the Orange County Animal Services
Advisory Board.
3
c ~~ THIRD DRAFT
Rules of Procedure Governing the
Organization and Operation of the
ORANGE COUNTY ANIMAL SERVICES ADVISORY BOARD
[INSERT DATE]
Charge to the Board
The Orange County Animal Services Advisory Board (hereinatter. the "Board") is the
primary advisory body for the Orange County Animal Services Department (hereafter
"the Department") and is charged to provide input and advice to the staff of the
Department. This function may include reviewing the allocation of resources, assisting in
planning programs, and advising the Animal Services Director on policies and operation
of the Department.
Organization and Duties of the Board
~Comnosition
=F1ryT~.;i.,,.,~:.~Yisor3~ B~,,n,,d-(loo-:~af~:,r"t#e-Be.,..,~~•~ ~~,.,n ,. :~. „f twelve (12)
nine members appointed by the Orange County Board of Commissioners. Members shall
be residents of Orange County, who are not elected ollicials, and shall he drawn from the
following groups:
• The Veterinarian serving on the Orange County Board of Health
• Veterinarian (at-loge)
• Representative from Town of Carrboro
• Representative from Town of Chapel I-Iill
• Representative from Town of Hillsborough
• R~enrese^*r.-Three at lame representatives, at least one of which
resides in the unincorporated areas of the county
• Three ~renresentatives drawn from the followinv groups: Orange County
animal welfare organizations and animal rescue organizations, such as
A~SAnimal Protection Society.(APS) of Orange County, Friends of the
Orange County Animal Shelter (FOCAS), Piedmont Wildlife Center, and
Independent Animal I2escure (IAI2). F,gr n e~~64R
-h{}inmi8-9r ~~-tc~i~lal rc^S^c crc ~,ro a.p
• One Rprofessionally certified animal rrtanaext~handler°; ~n~roers
,r +• +'~ F ~ -l~.m~~--I:eettsed-hear-ding
trainer$liand'°..r,~,trainerkeslrrtieian-(-Aaelieants-n~ay-be-o-~i~eers; ep..=at~.r~-orna;7
a1=11censed-bea+dtnu-Icenn deperr~',^._^'n
~~~
`._~ C ~~'IErinattaYt{dt-lEH'g2~
-1-;~d~,i1-k'aFtH3=he "-~er~+itrg-en-tll
I=lealth
Page i of 6~
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-~-~m~
ae-iepeesentative-l~epresetrtati-ve frem-Trety}} of Carr•Uo~bereu~h
9ne-r-R2prese..ta;~ineerper-aced-ar ^F'
Ong-R~reptess,,•v~;,~~rn-eae-el~'"° c^n,,,,.:..,, ,. n...,.,,,,, r~^,,,.
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V~T+b'--TCaiiivrj
~:f. Terms of Office
Except as otherwise provided here, Board members are appointed to serve three-year
terms. Initial appointments are staggered with the initial terms determined by the Board
of Commissioners.: Tluee of the initial appointments are tluee-year terms; three of the
initial appointments aretwo-year terms; twe-tluee of the initial appointments are one-year
terms. The Board of Health veterinazian Board member is-a-Board-amber-must be
currently serving! on the Board of I-lealth. ~-e€€n;ivrvit'~ ^" ~'^'~'~;; -~d'•'^` ^r~-=,i~-o=-lror
t,,...,, _.,.,~ „^.,,. ,....,,,t~„ ,.,:.>, ~,;,. ,.~,... «,,...,. ^„ ,w^ n^.,.,, ,.rT-lealth-No Boazd member
may serve more than two consecutive tiuee-year terms. Vacancies may only-be filled for
the unexpired portion of the term of the member replaced.. On the date and at the time of
the first regulaz meeting of the Board after the Board member's appointment by the
Board of County Commissioners, the newly appointed Board members shall be seated,
3. R
3:2. Removal From Office
By majority vote of a quorum present at a regular or duly called meeting, the Board may
recommend to the Board of Commissioners that a Board member be removed. The
Board members serve at the pleasure of the Board of County Commissioners.
44. Officers
(a) Chair and Vicc-Chair
~r~ n.,:.,,..i c^.-. ; ~ r,;.1:e,.,^.. ^t,,,n ,. ^ c^,...,«.,., ,,. ,H^ n^^.,~. The Chair and Vice
Chair shall be elected annually by the Board and shall serve one-year terms. The Chair
and Vice Chair shall be elected annually at the last regular meeting of the calendar year.
A proposed slate of officers for Chair and Vice Chair will be developed and presented at
the regular meeting prior to the election. An ad-hoc or regular committee of the Board as
designated by the Chair and approved by the Board will develop the proposed slate..
Nominations from the floor are also allowed.. Each Board member shall vote by call
callwritten ballot ;-~c-~-o :, for Chair and for Vice Chair on separate motions. In the
event of a tie vote, the Board shall continue balloting until the tie is broken.
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5
(b) Secretary
The Animal Set°vices Director shall serve as Secretary to the Boated.
5. Committees
The Board shall review the existing commiittee structure at least annually and in
consultation with the Animal Services Department Director and County Manaeer. brim
Forward to the I3oard of Conunissioners rnaka d;~isioasrecommendations regarding the
number and types of committees. Committee activities and reports are subject to the
supervision attd approval of the entire Board whose role is strictly advisory to county
management and the Board of Commissioners. The Board shall appoint the members of
each Board committee. Only Board members may serve as committee members of
standing Board committees and the number of Board members on any single committee
must be at least two members and may not exceed four members,
To satisfy Orange County's obligations under Chapter 67 of the North Carolina General
Statutes with respect to a "potentially dangerous dog," a committee will be appointed as
an Appeals Committee and be responsible for hearing all potentially dangerous dog
appeals. Tlnee Board members will serve as Appeals Committee members and shall be
drawn from the two veterinarian slots, and the twe professional animal management slots
and the animal welfare organization slots. T-pis-same
Another ~~peals Gcommittee, an Adoption Appeals Committee, also consisting of
three Board members whose members shall also be drawn from the same slots as
shall be responsible for hearing any appeal of an adoption decision made by the
Department following the Operations procedures of the Department with respect to such
an appeal.
6. Open Records
All written, printed or recorded materials received or made by the Board maybe
examined by the public, as provided for and as limited by the North Carolina Public
Records Act, NC General Statute 132-1 et seq. Members of the public may receive
certified copies upon request also as provided for and as limited by the North Carolina
Public Records Act.
7. Rules of Procedure
bele~ef-Reb~~t=s-Rae.. ,.r,~ ^.-~d~-~~sed-ase>~,~-,~.-'a',,.-m,,,.~~
s,~ioner~
To the extent not provided for in, and not conflicting with these rules, the Chair
shall refer to Robert's Rules o/Order to resolve procedural questions.
Comment: Robert's Rrrles a/Order was designed to govern a large
legislative assembly, and many of its provisions may be inappropriate
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for small boards. Nevertheless, it is the best source of Parliamentary
proeedure• care should be taken to adiust Robert's Xules of Order to
meet the needs of the Board.
Rule i. Meetings
The Board shall hold regular meetings, at least quarterly, at which business maybe
conducted. Such meetings shall be pre-scheduled at a time and place agreeable to the
majority of members, A calendar of regular meetings will be established at the last
regular meeting of the calendar year for the next calendar year.
The requirements of the North Carolina Open Meetings Law, NC General Statute 143-
.318.9 et seq., shall apply to all Board and regular or ad hoc committee meetings.
Notification of the public will be in compliance with open meeting law notification
requirements.
Rule 2. Special, emergency and recessed meetings
a. Special meetings
Special and emergency meetings of the Board or its committees maybe called by the
Chair or three members of the Board, as-provided-by-andand -following the procedures,
ineludin~ notice, of the North Carolina Open Meetings Law,
b. Recessed (adjourned) meetings.
A properly called regular, special or emergency meeting maybe recessed or adjourned to
a specific time and place by a motion made and adopted as provided in these Rules of
Procedure in open session during the regular, special, or emergency meeting. The motion
shall state the time and place when the meeting will reconvene. No further notice need
be given of'such a recessed properly called meeting.
Rule 3. Agenda
a. Proposed agenda.
The Chair and Secretary °••aa„~,-~'^a°~t-a ~° ^`'~ ~~ T~^~°a ^r'r^"shall prepare an agenda and
meeting notices for proper distribution. A request to have an item of business placed on
the agenda must be received by the Secretary at least three-seven working days before the
meeting, Each Board member shall receive a copy of the proposed agenda and any
relevant materials for each agenda item at-the-meetirKe at least three workinrr days and
they shall be available for public inspection and/or distribution when they are distributed
to the Board members.
b. Adoption of the agenda.
As its first order of business at each meeting, the Board shall discuss and revise the
proposed agenda and adopt an agenda for the meeting. The Board may by majority vote
add items to or subtract items from the proposed agenda, If items are proposed to be
Page 4 of 63
added to the agenda, tUe-B.,"I~~r~afoi+ty-ve'R.; :~~that-written copies of
particular documents connected with the items will be made available at the meeting to
all Board members anc1 pubic in attendance.
Rule 4. Public Address to the Board
Any individual or group, •-~i~hes wishine to address the Board, shall when
reasonably possible, makes a request to the Board's Secretary to be on the agenda to-the
aaard'~xeret~u-ySeEretaty, T',~'al-aeterx3i.,~ ~~-tlo-n;xetitrg-whether-it-~vil1
hear lie-individual-er• g+ettlrand-h~e~wwnueh-time-to-allst-te-welt-speake~Time will be
established for Qeneirtl public comment.
Rule 5. Order of Business
Items shall be placed on the agenda according to the order of business, Generally the
order of business shall be:
• Adoption of an agenda
• Approval of the minutes
• General public comments
• Unfinished business
• New business
• Informal discussion
Rule 6. Presidine Officer
The Chair of the Board shall preside at Board meetings if he or she is present. The Chair
shall have the right to vote in all cases. In order to address the Board, a member must be
recognized by the Chair. If the Chair is absent, the Vice-Chair shall preside, If both the
Chair and Vice-Chair are absent, another member designated by vote of the Board shall
preside.
The presiding officer shall have the following powers:
• To rule motions in or out of order, including any motion patently offered for
obstructive or dilatory purposes;
• To determine whether a speaker has gone beyond reasonable standards of courtesy in
his/her remarks and to entertain and rule on objections from other members on this
ground;
• To entertain and answer questions of parliamentary law or procedure;
• To call a brief recess at any time;
• To adjourn in an emergency,
A decision by the presiding officer under any of the first tluee powers listed maybe
appealed to the Board upon motion of any Board member, immediately after such
decision is am~ounced and at no other time. The Board member making the motion need
not be recognized by the Chair and may not be ruled out of order.
Rule 7. Action by the Board
The Board shall proceed by motion, except in the case of elections of officers that shall
proceed according to the rules otherwise established in that-sc~rthese Rules of
Procedure Any Board member including the Chair may make a motion.
Page 5 of 6~
Q
Rule 8. Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present. A
majority is more than half of those present.
Rule 9. Quorum
A majority of the currently appointed Board members (excluding vacant seats) shall
constitute a quorum. A majority is more than half. The Chair shall be considered a
member of the Board in determining the number on which a majority is based and in
counting the number of Boazd members actually present„ A Board member who has
withdrawn from a meeting without being excused by majority vote of the remaining
Board members present shall be counted as present for purposes of determining whether
or not a quorum is present.
Rule 10. Minutes
The Secretary shall record (audiotape) meetings and prepare written minutes; however,
the same need not be verbatim, The minutes shall be open to inspection of the public,
The exact wording of each motion and the results of each vote shall be recorded in the
minutes, and on the request of any Board member, the entire Board shall be polled by
name on any vote.
Rule 11. Revision of Rules of 13y-laws->xrd-Procedures
Subject to the approval of the Orange County Board of Commissioners, these Rules of
Procedure maybe revised by simple majority vote of Board members present at any
regular meeting of the Board at which a quorum is present. Distribution of a copy of the
proposed Rides by-la~~-change(s) to the members and a discussion of the proposed
change at the preceding month regular meeting shall precede such vote.. These Rules of
Procedure shall be reviewed every five years for possible changes. No provision of these
Rules ofProcedure may be in conflict with State law. The Orange County Board of
Commissioners must approve all Rules ofProcedure changes before they take effect.
Drcrf[ed October 35 ZOOd
Ise:cxm ccount \ASD Adviso nd Drefl reviud b ~ Cif_G.doc
Page 6 of 63
Rules of Procedure Governing the
Organization and Operation of the
ORANGE COUNTY ANIMAL SERVICES ADVISORY BOARD
Adopted by the Board of County Commissioners: (Insert Date)
Charge to the Board
The Orange County Animal Services Advisory Board (hereinafter, the "Board") is the
primary advisory body for the Orange County Animal Services Department (hereafter
"the Department") and is charged to provide input and advice to the staff of the
Department. This function may include reviewing the allocation of resources, assisting in
planning programs, and advising the Animal Services Director on policies and operation
of the Department.
Organization and Duties of the Board
Composition
The Animal Services Advisory Board (hereinafter "the Board") shall consist of twelve
(12) members appointed by the Orange County Board of Commissioners. Members shall
be residents of Orange County, who are not elected officials, and shall be drawn from the
following groups:
• The Veterinarian serving on the Orange County Board of Health (I)
• Veterinarian (at-large) (1)
• Representative from Town of Carrboro (1)
• Representative from Town of Chapel Hill (1)
• Representative from Town of Hillsborough (1)
• Tlrree at large representatives, at least one of whom resides in the unincorporated
areas of the county (3)
• Three representatives drawn from the following groups: Orange County animal
welfare organizations and animal rescue organizations, such as Animal Protection
Society (APS) of Orange County, Friends of the Orange County Animal Shelter
(FOCAS), Piedmont Wildlife Center, and Independent Animal Rescue (IAR). (.3)
• One professionally certified animal handler/trainer/teclmician. (Applicants may
be owners, operators, or staff at licensed boarding kennels, veterinary hospitals, or
independent dog trainers. Applicants must be able to provide appropriately
recognized credentials.) (1)
f. Terms of Office
Except as otherwise provided here, Board members are appointed to serve three-year
tern~s~ Initial appointments are staggered with the initial terms determined by the Board
of Connnissioners. Three of the initial appointments are three-year terms; three of the
initial appoinhnents are two-year terms; three of the initial appointments are one-year
terms. The Board of Health veterinarian Board member must be currently serving on the
Board of Health. No Board member may serve more than two consecutive tluee-year
terms. Vacancies maybe filled for the unexpired portion of the term of the member
Page I of 5
l0
replaced. On the date and at the time of the first regular meeting of the Board after the
Board member's appointment by the Board of County Commissioners, the newly
appointed Board members shall be seated.
2. :3. Removal from Office
By majority vote of a quorum present at a regular or duly called meeting, the Board may
recommend to the Board of Commissioners that a Board member be removed. The
Board members serve at the pleasure of the Board of County Commissioners.
4. Officers
(a) Chair and Vice-Chair
The Chair and Vice Chair shall be elected annually by the Board and shall serve one-year
terms, The Chair and Vice Chair shall be elected annually at the last regular meeting of
the calendar year. A proposed slate of officers for Chair and Vice Chair will be
developed and presented at the regular meeting prior to the election, An ad-hoc or
regular committee of the Board as designated by the Chair and approved by the Board
will develop the proposed slate. Nominations from the floor are also allowed. Each
Board member shall vote by written ballot for Chair and for Vice Chair on separate
motions. In the event of a tie vote, the Board shall continue balloting until the tie is
broken.
(b) Secretary
The Animal Services Director shall serve as Secretary to the Board,.
5. Committees
The Board shall review the existing committee structure at least annually and in
consultation with the Animal Services Department Director azrd County Manager, bring
forward to the Board of Commissioners' recommendations regarding the number and
types of committees. Committee activities and reports are subject to tare supervision and
approval of the entire Board whose role is strictly advisory to county management and
the Board of Commissioners., The Board shall appoint the members of each Board
committee. Only Board members may serve as committee members of standing Board
committees and the number of Board members on any single committee must be at least
two members and may not exceed four members.
To satisfy Orange County's obligations under Chapter 67 of the North Carolina General
Statutes with respect to a "potentially dangerous dog," a canmittee will be appointed as
an Appeals Committee and be responsible for hearing all potentially dangerous dog
appeals. Tluee Board members will serve as Appeals Committee members and shall be
drawn from the veterinarian slots, professional animal management slots, and the animal
welfare organization slots.
Another committee, an Adoption Appeals Committee, also consisting of three Boaz'd
members, whose members shall also be drawn from the same slots as the potentially
Page 2 of 5
dangerous dog Appeals Committee (but not the same veterinarian) shall be responsible
for hearing any appeal of an adoption decision made by the Department following the
Operations procedures of the Depaztment with respect to such an appeal.
6. Open Records
All written, printed or recorded materials received or made by the Board maybe
examined by the public, as provided for and as limited by the North Carolina Public
Records Act, NC General Statute 132-1 et seq. Members of the public may receive
certified copies upon request also as provided for and as limited by the North Carolina
Public Records Act.
7. Rules of Procedure
To the extent not provided for in, and not conflicting with these rules, the Chair shall
refer to Robert's Rzzles of Order to resolve procedural questions.
Comment: Robert's Rules o/Order was desi ng ed to govern a large
legislative assembly and many of its provisions ma b~ inappropriate for
small boards. Nevertheless, it is the best source of Pazliamentary
procedure• care should be taken to adjust Robert's Rules of Ozder to meet
the needs of the Boazd.
Rule 1. Meetings
The Board shall hold regular meetings, at least quarterly, at which business maybe
conducted. Such meetings shall bepre-scheduled at a time and place agreeable to the
majority of members. A calendar of regular meetings will be established at the last
regulaz meeting of the calendar year for the next calendar year..
The requirements of the North Carolina Open Meetings Law, NC General Statute 143-
318.9 et seq.., shall apply to all Board and regular or ad hoc committee meetings.
Notification of the public will be in compliance with open meeting law notification
requirements.
Rule 2. Special, emergency and recessed meetings
a. Special meetings
Special and emergency meetings of the Board or its committees may be called by the
Chair or three members of the Board, and following the procedures, including notice, of
the North Carolina Open Meetings L,aw.
b. Recessed (adjourned) meetings.
A properly called regular, special or emergency meeting maybe recessed or adjourned to
a specific time and place by a motion made and adopted as provided in these Rules of
Procedure in open session during the regular, special, or emergency meeting. The motion
shall state the time and place when the meeting will reconvene, No further notice need
be given of such a recessed properly called meeting.
Page 3 of 5
ra
Rule 3. Agenda
a. Proposed agenda.
The Chair and Secretary shall prepare an agenda and meeting notices for proper
distribution. A request to have an item ofbusiness placed on the agenda must be
received by the Secretary at least seven working days before the meeting. Each Board
member shall receive a copy of the proposed agenda and any relevant materials for each
agenda item at least three working days and they shall be available for public inspection
and/or distribution when Yhey are distributed to the Board members.
b. Adoption of the agenda.
As its first order of business at each meeting, the Board shall discuss and revise the
proposed agenda and adopt an agenda for the meeting. Zhe Board may by majority vote
add items to or subtract items from the proposed agenda. If' items are proposed to be
added to the agenda, written copies ofparticulaz documents connected with the items will
be made available at the meeting to all Board members and public in attendance,
Rule 4. Public Address to the Board
Any individual or group wishing to address the Board shall when reasonably possible,
make a request to the Board's Secretary to be on the agenda. Time will be established for
general public comment.
Rule 5. Order of Business
Items shall be placed on the agenda according to the order of business. Generally the
order of business shall be:
• Adoption of an agenda
• Approval of the minutes
• General public comments
• Unfinished business
• New business
• Informal discussion
Rule 6. Presidine Officer
The Chair of the Boazd shall preside at Board meetings if he or she is present. The Chair
shall have the right to vote in all cases.. In order to address the Boazd, a member must be
recognized by the Chair, If the Chair is absent, the Vice-Chair shall preside. If both the
Chair and Vice-Chair are absent, another member designated by vote of the Board shall
preside,.
The presiding officer shall have the following powers:
• To rule motions in or out of order, including any motion patently offered for
obstructive or dilatory purposes;
• To determine whether a speaker has gone beyond reasonable standards of courtesy in
his/her remarks and to entertain and rule on objections from other members on this
ground;
• To entertain and answer questions of parliamentary law or procedure;
Page 4 of 5
f3
• To call a brief recess at any time;
• To adjourn in an emergency..
A decision by the presiding officer under any of the first three powers listed maybe
appealed to the Board upon motion of any Board member, immediately after such
decision is anrrotmced and at no other time. The Board member making the motion need
not be recognized by the Chair and may not be ruled out of order.
Rule 7. Action by the Board
The Board shall proceed by motion, except in the case of elections of officers that shall
proceed according to the rules otherwise established in these Rules of Procedure, Any
Board member including the Chair may make a motion.
Rule 8. Adoption by Majority Vote
A motion shall be adopted by a majority of votes cast, a quonim being present. A
majority is more than half of those present.
Rule 9. Quorum
A majority of the currently appointed Board members (excluding vacant seats) shall
constitute a quorum, A majority is more than half: The Chair shall be considered a
member of the Board in determining the number on which a majority is based and in
counting the number of Board members actually present.. A Board member who has
withdrawn from a meeting without being excused by majority vote of the remaining
Board members present shall be counted as present for purposes of determining whether
or not a quorum is present.
Rule 10. Minutes
The Secretary shall record (audiotape) meetings and prepare written minutes; however,
the same need not be verbatim, The minutes shall be open to inspection of the public..
The exact wording of each motion and the results of each vote shall be recorded in the
minutes, and on the request of any Board member, the entire Board shall be polled by
name on any vote..
Rule 11. Revision of Rules of Procedures
Subject to the approval of the Orange County Board of Commissioners, these Rules of
Procedure may be revised by simple majority vote of Board members present at any
regular meeting of the Board at which a quorum is present. Distribution of a copy of the
proposed Rules change(s) to the members and a discussion of the proposed change at the
preceding month regular meeting shall precede such vote. These Rules of Procedure
shall be reviewed every five years for possible changes. No provision of these Rules of
Procedure maybe in conflict with State law, The Orange County Board of
Conunissioners must approve all Rules of Procedure changes before they take effect.
Clean Edited Copy
Conepiled 1122 04
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