19900613 1990-14 ORDINANCE NO. 1990-]4
AN ORDINANCE AMENDING SECTIONS 17-2, 17-10(c) , (e) (1) (2),
(f), (i) (1) (2) (9), (j), 17-12(b) (1) (2) (d) OF ARTICLE I,
CHAPTER 17 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
CONCERNING PERSONNEL POLICIES.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that sections 17-2, 17-10(c)(e)(1)(2), (f), (i)(1)(2)(9),
(j) 17-12 (b)(2)(d), Article I, Chapter 17 of the Code of the City
of Fairfax are hereby amended to read in their entirety as follows:
Section 17-2. Definitions:
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Anniversary date. The date which is used in determining an
employee's eligibility for periodic advances in pay and leave. The
date of an employee's original appointment, or more recent
appointment if there has been a break in service, shall be his
anniversary date for determining leave and performance merit
increases.
City manaqer's personal staff. Professional and technical
staff immediately responsible to the city manager and serving at
his pleasure, including the ~~~iiiiii~~i~iiiiii~ assistant to
the city manager.
Demotion. Assignment of an employee from one class to another
which has a lower maximum rate of pay.
Department head. The following shall be referred to as
department head.
Director of finance.
Fire chief.
Director of community development and planning.
1990-14
-2
Chief of police.
Director of public works.
Director of parks and recreation.
Director of transit and utilities.
Immediate family. Relatives to include spouse, children,
parents, brother, sister, grandparents, mother-or father-in-law,
brother- or sister-in-law; or other relatives living within the
employee' s immediate home.
Overtime work. Time worked by an employee during a single day
in excess of the employee's normal work day or during a work period
in excess of the hours of work expected in a normal work period.
An employee's normal work day and normal work period shall be as
more particularly defined in administrative regulations as
promulgated by the city manger from time to time.
Part-time employee. An individual who is regularly employe~i~ii
ii~iiiiiiii~iiiii!i!ii~~!i~ii for ~ ~ ten (10) hours ~r =or~ but l~ss than
hourly basis.
Pay grade. A level in the pay schedule with a common pay
range for all classes assigned thereto.
Probationary period. The one-year working test or trial
period of employment beginning with the date of appointment. In
the case of law enforcement officers, the probationary period shall
begin when the employee is sworn as a police officer after
completion of recruit training.
Promotion. A change in status of an employee to a new
position which has a higher pay grade.
Reclassification. The assignment of a higher or lower pay
grade to a position or class of positions.
Temporary employee. A person employed by the city with the
specific understanding that the duration of employment will not
exceed one year. Fringe benefits are not provided to temporary
1990-14
employees and service during temporary status is not credited
towards benefits if an employee then accepts a career position.
Work period. A period of seven (7) calendar days beginning
on the day of the week and at the time established by the city
manager; except that for police officers and firefighters a work
period shall consist of up to twenty-eight (28) consecutive
calendar days as established by the city manager through
administrative regulations. (Ord. No. 1983-25, 6-28-83; Ord. No.
1984-5 1, 3-13-84; Ord. No. 1985-21, 7-9-85; Ord. No. 1986-45,
1, 10-28-86; Ord. No. 1987-22, 10-13-87; Ord. No. 1989-3, 1-24-
89)
Sec. 17-10. Employee Compensation.
(a) Pay plan. It shall be the responsibility of the
personnel officer to review the position classification plan
periodically to ascertain whether it corresponds to existing
conditions in the city service and to keep the class specifications
current and realistic. It is the responsibility of all department
heads to inform the personnel officer of any changed conditions in
their respective departments which may affect class specifications
and/or the position classification plan.
The personnel officer shall prepare and recommend to the city
manager a pay plan in accordance with an annual review made. The
city manager shall then review and recommend a pay plan to the city
council. The city council shall adopt a pay plan simultaneous with
the adoption of the annual budget. The city manager may adjust the
pay plan during the year as necessary by a reclassification or a
title change in conjunction with the continual review of revisions
of class specifications and comparable salary information. The pay
plan shall consist of two (2) basic parts as follows:
(1) A schedule of pay grades showing a minimum and maximum
rate for each grade and such intermediate steps as are
deemed necessary.
1990-14 -4
(2)
A list of all class titles showing the allocation of each
class to the appropriate pay grade.
(b) Normal entrance salary. New appointments shall normally
be made at the first step of the appropriate pay grade. However,
appointments may be made above the minimum rate based upon the
difficulty in filling the position or exceptional qualifications,
subject to prior approval by the city manager. An annual report
will be submitted to the city council in January which will include
all appointments made above the minimum step during each quarter.
(c) Within-grade increase. The performance evaluation serves
as a basis for each step or within-grade increase. Increases
within each pay grade shall normally be made after one year in pay
steps 1 through 6:...:.~!', two (2) years in steps ', an~ 0; '~:~:~:~:~:~':~::.~:~.:: .... --d
~--- ''~ ...... ~- -~--- 9 ~ ..... ~ ~ These increases are not
automatic or guaranteed; an employee's work must be continually of
a high quality and rated at least "satisfactory" or "meets
standards" by his department head and the city's performance rating
form in order for the employee to be eligible for a within-grade
increase.
The annual performance evaluation that includes within-grade
increases must be made in accordance with the existing
administrative regulations.
(d) Effective date.
Pay increases shall normally become
effective at the beginning of the payroll period which includes
the employee's anniversary date. This is exclusive of general
across-the-board adjustments.
(e) Promotions, reclassifications, transfers, demotions.
(1) ~+~ ..... ~-- ~ ~ ~
Promo ons. ~ - l~t -
1990-14 -5
salary ........... bcl¢~ +~
........ ~v ~b~.~ thc ...................
with
each
A one-year probationary period
1990-14
-6
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employee has been promoted and does not meet department work
standards in the higher class, he may be demoted prior to the end
of the probationary period to a position in a class of not less
than the same pay level held prior to promotion. In such case, the
employee's pay shall be restored to the rate in effect prior to the
promotion as though the promotion had not been granted.
(2)
Reclassifications.
a. Upon upward reclassification of a position, an
incumbent shall receive a pay increase ~
Upon downward reclassification of a position, an
incumbent shall be placed in the pay step in the new
grade equal to or closest to his current rate of
pay. If, however, the incumbent is earning a
be
1990-14 -7
greater amount than the amount than the maximum rate
for the new salary grade, he shall continue to earn
the same salary plus a cost of living increase for
a period of one full year but shall not be eligible
for merit increases. After this one-year, the
incumbent's salary shall revert to the salary to the
same step he/she was previously in, only in the
lower grade. For example, an individual in a grade
25, step 8 would be placed in a grade 18, step 8.
(3)
(4)
Transfers. Transfers can take place within a department,
between departments, between positions of the same pay
range, between positions of different pay ranges, between
positions of the same class or between positions of
different classes.
When a transfer occurs between positions of the same pay
range, there will be no salary increase or decrease. If
transfer occurs between departments, both department
heads must agree to the transfer and sign the personnel
unless such action is made by the city
action form,
manager.
Demotions.
a.
An employee may be demoted at his/her own request
to a position in a lower grade if it is determined
that the employee is qualified to perform the duties
and responsibilities of the lower classification.
The salary of an employee so demoted shall be
reduced by five (5) or ten (10) per cent in salary
or as deemed appropriate by the city manger in
accordance with his/her new classification. In no
event shall the employee's new salary be above the
highest step in the pay grade of his/her new
classification.
1990-14
The salary of an employee demoted for disciplinary
reasons shall be reduced by five (5) or ten (10) per
cent in salary or as deemed appropriate by the city
manager.
(f) Overtime work. Employees that are subject to the
overtime provisions of the Fair Labor Standards Act who perform
necessary and/or assigned overtime work shall have their schedules
adjusted within the same work period to compensate for the overtime
work on an hour for hour basis or shall receive overtime pay, as
determined by the department head. Overtime pay shall be at the
rate of one and one-half (1 1/2) times the regular rate of pay.
Career employees must work necessary and/or assigned overtime work
as directed by their supervisor.
Overtime pay may be received only for work that is done on a
mandatory basis before or after regularly scheduled business hours.
It cannot be earned by foregoing a lunch hour unless working
through the lunch hour is required by the employee's supervisor.
All overtime pay must be approved by the appropriate
department head and shall normally be limited to employees in pay
grade 19 and below. Department heads and the city manager's
personal staff shall not be eligible to receive overtime pay except
with the prior approval of the city manager. Such employees who
perform necessary work beyond their normal working schedule, may,
however, receive compensating time off on a limited basis and at
the discretion of the city manager.
Employees in pay grade 20 and above, excluding department
heads, may be eligible for additional compensation based upon their
regular hourly rate for significant amounts of work hours in excess
of their normal work schedule as set forth in administrative
regulations.
1990-14 -9
(g) Premium pay. The normal pay for a position, may be
supplemented in certain cases because of unusual working conditions
not common to all positions in the class or for educational
attainment or special skills when determined by the city manager
to be in the best interest of the city with the approval of the
city council. Employees who are designated to fulfill, on a
temporary basis the responsibilities of a position with a higher
pay classification may be awarded, at the discretion of the city
manager, a temporary pay increase for such time as they occupy the
"acting" position.
(h) Emergency duty compensation. Employees scheduled on
stand-by emergency duty shall receive compensation in accordance
with administrative regulation 7-13 as it may be amended from time
to time. The departments of police and fire and rescue services
utilize stand-by or call-back emergency duty as the need arises.
(i) Employee benefit~. Other compensation may be provided
to employees in the form of employee benefits as approved by the
city council. Such benefits shall include, but are not limited to,
retirement, life insurance and various forms of health insurance.
The city will be responsible for the funding of the following
benefits for career full-time employees
(1) ......
............... h~alth -'
....... z. 75 ~ cant.
1990-14
-10
(2) Employee life insurance: 100 ~
(3) Short-te~ disability insurance: 75 per cent
(4) Long-te~ disability insurance: 100 per cent
(5) Accidental death and disme~e~ent insurance: 100 per
(6) Educational tuition assistance in accordance with
administrative regulation 7-1.
(7)
Employee Assistance Program; 100 per cent for full- and
part-time employees.
Flexible benefit program:
Administrative fee for premium
(8)
conversion.
Full-time career employees must participate in two (2)
mandatory retirement systems plus social security. Employees will
participate as follows with the city funding its share as adopted
annually in the budget.
1990-14 -11
City retirement-General employee share one and one-half
(1 1/2) per cent for employees hired on or before March
31, 1983, and one per cent for employees hired on or
after April 1, 1983.
City retirement-Public safety employee share five and
one-half (5 1/2) per cent for employees hired on or
before March 31, 1983, and three and one-half (3 1/2) per
cent for employees hired on or after April 1, 1983.
~ Virginia supplemental retirement system-The city pays the
entire contribution.
~4+ Social Security-All employees will contribute the
percentage as established by law.
~t t ..... - ........... bencf: ts
...... ellg:ble for h~Ith~..~" ......... ~..~ '
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~::.:$:....:::.::::~::...:::....:::.:...:::.:,::~::,..:~:,. ::::::::::::::::::::::::::::: ,.:::...:::....::~ ~:....:~::.::~ ~ ~ ~::...: ~::...::~::.,.: :.:::$:.:.: ::::::::::::::::::::::::::::::::::::::: ~ ~ ~::::$::::::~ ~ ::::::::::::::::::::::: ~::.::}::::::::....:~:::.:.:::.,.::~ ~ ::::::::::::::::::::::: ~::::.:::.,,::~ :::::::~::...::
(j) Cash awards/incentive program. Employee compensation may
be supplemented by cash awards for outstanding perfo~ance. The
basis for such awards may be any one or more of a variety of
reasons, such as continual work excellence above the 0all of duty;
superior work in handling an event, incident or special projeot;
an act of heroism; the contribution of an idea that has increased
efficiency. Nominations for awards may be submitted by any person.
n~minati~n. The incentive program will allow department heads to
~ ~~.~ employees whose sustained job perfo~ance
warrants gnition for cash bonu
reco ses .........................
effective upon approval b~ ~
1990-14 -12
(Ord. No. 1983-25. 6-28-83; Ord. No. 1984-5, 2, 3-13-84; Ord.
No. 1984-24, 12-18-84; Ord. No. 1985-21, 7-9-85; Ord. No. 1986-45,
10-12, 10-28-86; Ord. No. 1987-22, 10-13-87; Ord. No. 1989-3,
1-24-89)
Sec. 17-12. Holidays and Leave.
(a) Holidays. The following holidays shall be observed by
the city:
New Year's Day: January 1.
Lee-Jackson-King Day: Third Monday in January.
Washington's Birthday: Third Monday in February.
Spring Holiday: Friday before Easter.
Memorial Day: Last Monday in May.
Independence Day: July 4.
Labor Day: First Monday in September.
Columbus Day/Yorktown Day: Second Monday in October.
Thanksgiving Day: Fourth Thursday in November.
Day after Thanksgiving: Fourth Friday in November.
Christmas Eve: One-half day on December 24.
Christmas Day: December 25.
Inauguration Day: January 20 (every fourth year).
The city manager may substitute another day as a holiday in
lieu of one of the days listed above.
Holidays falling on Saturdays or Sundays shall be taken on
Fridays or Mondays respectively.
All full-time employees shall receive eight (8) hours of
holiday pay for each holiday except that those employees who work
an average of fifty-six (56) hours per week shall receive eleven
(11) hours of pay for each holiday. Hours paid for holidays shall
not be counted towards hours worked for the purpose of calculating
overtime.
Employees scheduled to work on a holiday who take off on sick
or annual leave shall be charged with such leave, and their pay
1990-14 -13
shall be calculated accordingly.
Employees in regular part-time positions working ten (10)
hours or more each week shall (at the discretion of the city
manager) be paid for holidays in proportion to hours scheduled to
be worked in the week in which a holiday falls.
(b) Annual and sick leave. The city grants annual and sick
leave as more particularly set forth hereinafter:
(1) Annual leave. After a minimum of six (6) months of
continuous service with the city, annual leave shall be
granted full-time employees for vacations, emergencies
and other personal uses. The employee will be credited
with leave accumulated from the date of employment.
Annual leave shall be accrued at the following rates for
full-time employees:
With less than three (3) years service, employee earns
four (4) hours leave per pay period.
After three (3) years service but with less than fifteen
(15) years service, employee earns six (6) hours leave
per pay period.
With fifteen (15) or more years service, employee earns
eight (8) hours leave per pay period.
Annual leave for regular part-time employees working ten
(10) hours or more each week shall accrue on a
proportionate basis up to four (4) hours leave per pay
period.
Except in cases of illness or emergencies, leave must be
approved in advance. The minimum leave increment is one-
half (1/2) hour. Due to the hours of work in the fire
1990-14 -14
and rescue services, individuals who work other than a
forty-hour schedule will take leave on a prorated basis
in accordance with administrative regulation 7-2 as may
be amended from time to time. Each full-time employee
can accrue up to ~..A ~.._~_A-~ __~ ~ ~ ,~A~ ~....~
hours annual leave ~ ~m ...... ---- ~-
-~ ~-~-=~- ~" 1975 "~'~- ~--~- ~- --~--- This will be
implemented in accordance with current administrative
regulation 7-2.
The intent of annual leave is to provide employees with
adequate time for a vacation from the work area and
receive rest and relaxation. ~~~~i!!i!!!ii~~
Each employee can carry over an accrued annual leave
balance up to said maximum accrued annual leave from year
to year during continuous service. The personnel
department shall ~ede~e~~.~ annual leave in excess
of said maximum annually, ~!!!~~~~iiiiil~i~~~
Upon separation or retirement, an employee with over six
(6) months continuous service shall be paid for all
accrued annual leave as defined hereinabove in the manner
set forth hereinafter Up to a maximum of ~"A
1990-14 -15
(2)
........ z ~=v; hours accrued annual
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::
leave shall be paid on the basis of one hour for each
hour of annual leave accrued. ' ...... ~ annual 1 .... -'
Sick leave. Sick leave shall be accrued by full-time
employees on a basis of four (4) hours for each two-week
pay period, the minimum leave increment is one-half (1/2)
hour. Part-time employees who work ten (10) hours or
more each week shall (at the discretion of the city
manager) accrue sick leave on a proportionate basis in
accordance with the number of hours worked. Those
working fewer than ten (10) hours each week shall not be
eligible for this benefit. The minimum leave increment
is one-half (1/2) hour.
Sick leave may not be used at the same time an employee
is on the short-term disability program. The employee may
use sick leave or short-term disability insurance for
nonwork-related illness/injury when eligible.
It is the policy of the city to grant sick leave to
employees for illness or injury of sufficient seriousness
to prevent the employee's attendance for duty; or for
required physical, optical or dental examination and
treatments. The illness of a spous~'~i' or childre~i~!iiiii~
~ or the need to accompany children receiving
preventative medical, optical or dental treatment, may
warrant the use of sick leave if approved by the
department head who shall consider the needs of the
1990-14 -16
department and the seriousness of the medical situation.
~~~~~~~ii/i!~i! One to four (4)
days of sick leave may be granted by the department head
for a death in the immediate family of an employee. Sick
leave should be granted only for the actual time the
department head determines is necessary (i.e., distance
of funeral, etc.). Any excess over four (4) days for a
death must be used as annual leave.
Sick leave is only to be used when actually warranted.
When there is reason to believe sick leave is being
abused, the employee's supervisor, his department head
or the city manager may require the employee to obtain
a licensed physician's certificate or written explanation
for the period of absence, or to go to a city contract
physician for examination at the expense of the city.
In each case in which an employee is unable because of
personal injury or illness to report to duty, it shall
be his responsibility to inform, or have someone inform,
his responsible supervisor prior to the time he is due
at work on the initial day of his incapacity. Failure
to inform the responsible supervisor, without reasonable
extenuating circumstances, shall result in the absence
being classified as unauthorized leave.
No payment will be made for accrued sick leave upon
separation of full-time employees from the city service.
However, sick leave will be credited towards service for
retirement in days and months (after the initial
1990-14 -17
retirement service requirement have been met); for every
one hundred and seventy-three (173) hours an employees
will be given one month and for every eight (8) hours,
one day.
(c) Educational leave. An employee may be granted
educational leave for the purpose of taking courses directly
related to his work. Whether or not such leave will be granted,
the duration of such leave and whether such leave shall be with or
without pay or with partial pay shall be at the discretion of the
city manager and shall involve considerations such as work load,
availability of funds, appropriateness of courses and other case-
by-case considerations. In all cases where management directs
employees to take education and training during regular working
hours, the city will continue their salary and assume all
reasonable costs.
Normally, the granting of educational leave has the condition
of return to work after a specified period of no more than one year
and returning to the same position at the termination of leave;
however, educational leave for a longer period may be granted with
the condition that the city would not guarantee return to the same
position but would offer the employee the first appropriate
employment opportunity.
(d) Disability leave. It is the intent of the city to
provide for employees suffering an injury or illness directly
related to and arising out of the course of employment with the
city. Permanent or probationary employees who are disabled in the
line of duty shall receive full pay with no charge to leave with
pay accruing from the first day of disability, not to exceed six
(6) calendar months. Such leave can be authorized only after the
~ ............ ~ .......... has received an em oyees' first
:::::::::::::::::::::::::::::::::::::::::::::::::::: ..:::::,:::.................,,,,
report of accident. A temporary employee shall be paid in
accordance with the provisions of the Virginia Workers'
Compensation Act.
1990-14 -18
(e)
(1)
(2)
Administrative leave.
The city manager may excuse employees from duty for short
periods of time with pay and without charge to leave.
Examples would be extreme weather conditions, disaster
and days of national mourning or celebration.
Where unusual circumstances preclude an employee from
fully or satisfactorily fulfilling the duties of his
position, he may be placed on administrative leave. Such
leave may be with or without pay, for periods of time not
to exceed ninety (90) calendar days on any single
occasion and during such leave the city will continue to
make its normal contributions towards the cost of any
insurance program in which the employee is enrolled. (If
leave is without pay, the employee will be responsible
for his share of insurance contributions). Only the city
manager may approve this leave and then only after
consideration of the recommendation of the department
head.
(f) Military and civil leave.
(1)
Employees who are members of the organized reserve forces
of any of the armed services of the United States,
national guard or naval militia shall be entitled to
leaves of absence from their respective duties, without
loss of seniority, accrued leave or efficiency rating,
on all days during which they are engaged in federally
funded military training duty, or when called forth by
the governor pursuant to state law. There shall be no
loss of pay during such leaves of absence, except that
paid leaves of absence for federally funded military
training duty shall not exceed fifteen (15) workdays per
1990-14
-]9
federal fiscal year. When relieved from such duty, such
employees shall be restored to positions held by them
when ordered to duty. In accordance with federal law,
38 U.S.C. P 2021, et seq., any career service employee
with permanent status who joined or is drafted into
active service in the military forces of the United
States shall be placed on military leave, without pay,
and shall be entitled to be restored to the same position
vacated, provided application is made to the director of
personnel officer within ninety (90) days after an
honorable discharge, and further provided that such
employee is still qualified to perform the duties of the
position.
(2) Employees desiring to vote in an election for national,
state or local office shall be granted time off for a
reasonable amount of time at the beginning or end of
their regularly scheduled work day, not to exceed (2)
hours.
(3) Employees will be granted leave for any absence necessary
for serving on a jury or attending court as a witness
under subpoena. The city will supplement the
compensation paid for performing jury duty to assure that
its employees receive no less than their normal rate of
pay.
(g) Leave without Day. An employee may be granted leave
without pay for a period of up to one week at the discretion of the
appropriate department head. An employee may be granted leave
without pay by the city manager for a period in excess of one week
but not to exceed one year. An employee on leave without pay
during a portion of a pay period shall earn leave with pay in
proportion to the time worked during the pay period calculated to
1990-14
-20
the nearest hour. Leave without pay shall only be granted after
an employee's leave balances of compensatory, annual and/or sick
leave, as appropriate, have been reduced to zero.
Leave without pay shall be granted only when it is in the best
interest of the city to do so. The interest of the employee shall
be considered when he has shown by his record to be of more than
average value to the city and when it is desireable to retain the
employee even at some sacrifice.
At the expiration of leave without pay, the employee shall be
reinstated in the position he vacated or in any other vacant
position in the same class.
Credit toward annual and sick leave shall not be earned during
leave without pay, nor shall an employee be paid for holidays while
on leave without pay.
If leave without pay
holiday, there will be no
granted for the holiday.
immediately follows or precedes a
compensation or compensatory leave
A leave without pay shall not constitute a break in service,
unless it exceeds thirty (30) consecutive regularly scheduled
working days. At that point, a break in service shall occur for
service time credit for retirement purposes, for qualification for
benefits of life insurance and for performance evaluation purposes.
If the break in service exceeds thirty (30) days and is during the
probationary period, the probationary period will be extended for
the same period of time as was the break in service.
Failure on the part of the employee to report to work at the
expiration of leave without pay may be cause for dismissal.
(h) Unauthorized leave. An employee who is absent from duty
without approval shall receive no pay for the duration of the
absence and shall be subject to disciplinary action. In the absence
of disciplinary action, an employee who is on unauthorized leave
for three (3) consecutive days shall be separated from the payroll.
1990~14
However, the employee shall be reinstated if there were
extenuating circumstances which made it impossible for him to
notify his supervisor in regard to his absence. An employee on
unauthorized leave shall not earn leave for the pay period in
which such leave occurs.
(i) Maternity leave. An employee may request leave for
her pregnancy or childbirth on the same terms and conditions as
for other temporary illness. Employees may use sick leave,
annual leave, compensatory leave or leave without pay during
periods of maternity. Employees covered by short-termaccident
and sickness insurance may also utilize it for maternity. Only
that period of absence during which the employee is certified
by a physician to be disabled immediately prior to and following
delivery may be charged to sick leave. Employees will be
required to provide a physicians certification and must return
to work in accordance with physician's certification unless
other leave has been approved. Approval must be received from
the department head to extend leave beyond that authorized by
the physician. (Ord. No. 1983-25, 6-28-83; Ord. No. 1984-5, 3,
3-13-84; Ord. No. 1985-21, 7-9-85; Ord. No. 1986-45, 13-20, 10-
28-86; Ord. No. 1989-3, 1-24-89)
Introduced:
Public hearing:
Adopted:
May 22? 1990
June 13~ 1990
June 13, 1990
ATTEST:
cit Cl k