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Ii RESOLUTION OF THE CITY OF SAN BERl"ARDINO AMENDING
II RESOLUTION NO. 10585; AND PROVIDING FOR EMPLOYEE REPRESENTATION
II DURING GRIEVANCE PROCEEDINGS BY A DESIGNATED REPRESENTATIVE OF A
FORl~LY RECOGNIZED E~WLOYEE ORGANIZATION.
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I BE IT RESOLVED BY THE ~ffiYOR AND CO~~ON COUNCIL OF THE CITY
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OF Sill" BERl"ARDINO AS FOLLOWS:
RESOLUTION NO.
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SECTION 1. Resolution No. 10585 Section 1 is hereby
7 amended to read as follows:
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"Section 1. Those certain rules and regulations entitled
9 'City of San Bernardino, California Rules and Regulations
10 Implementing Employer-Employee Relations', Rules 1 through 9,
11 inclusive, a copy of which is attached hereto, marked Exhibit "A"
12 and incorporated herein as fully as though set forth at length,
13 are hereby adopted."
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
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3~ 1976,
by the following
meeting thereof, held
Bernardino at a
on the ,;2tJ'IIl day of
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18 vote, to wit:
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Councilmen ~~/ A4.-f ,~~A9. .
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AYES:
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NAYS:
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ABSENT:
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,~~~:~;j/-.;/ ~..~
/ City Clerk
resolution is hereby [hiE; ;:<;;;'171 day
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The foregoing
/}~~~J,
1976.
of
~Bernardino
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CITY OF SAN BERNARDINO, CALIFORNIA
RULES AND REGULATIONS
IMPLEMENTING EMPLOYER-EMPLOYEE RELATIONS
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4 STATEMENT OF PURPOSE
5 The purpose of these rules and regulations is to implement the
Employer-Employee Relations Resolution (hereinafter referred to
6 as the "Resolution") and also Chapter 10, Division 4, Title 1 of
the Government Code of the State of California (Sections 3500,
7 et seq.).
8 DEFINITIONS
9 The terms used in said Rules and Regulations, which are defined
in Section 3 of Resolution No. 10584, as amended and retroactively
10 ratified, shall have the same meanings as are set forth therein.
11 RULE 1 - REPRESENTATION PROCEEDINGS
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(A) FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE
IN AN APPROPRIATE UNIT.
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(1) An employee organization that seeks formal recog-
nition as the majority representative in an appro-
priate unit shall file with the Designated City
Representative, a Petition for Recognition contain-
ing all of the information set forth in Section 9
(A) of Resolution No. 10584 accompanied by written
proof that at least 30% of the employees in the
unit claimed to be appropriate have designated the
employee organization to represent them in their
employment relations with the City; provided, how-
ever, the employee organization may request that
such written proof be submitted to a mutually
agreed upon disinterested third party. Upon receip
of the Petition for Recognition, the Designated
City Representative shall determine whether:
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(a) There has been compliance with the require-
ments of the Petition for Recognition, and
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(b) The ~roposed unit is an appropriate unit. If
an affirmative determination is made by the
Designated City Representative on the fore-
going two matters, he shall give notice of
such request for formal recognition to the
employees in the unit and shall take no action
on said request for 30 days thereafter; if
either of the foregoing matters are not
affirmatively determined, the Designated City
Representative shall inform the employee
organization in writing of the reasons therefo
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(2) Within 30 days of the date notice to employees is
given, any other employee organization (hereinafter
referred to as the "challenging organization") may
seek formal recognition in an overlapping unit by
filing a Petition for Recognition; provided, how-
ever, such challenging organization must submit
written proof that it represents at least 30% of
the employees in such unit.
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The Designated City Representative shall hold a
hearing on such overlapping Petitions, at which
time all affected employee organizations shall be
heard. Thereafter, the Designated City Representa-
tive shall determine the appropriate unit or units
as between such proposed overlapping units in
accordance with the criteria set forth in Section
10 of the Resolution.
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(3) If the written proof submitted by the employee
organization in the unit found to be appropriate
establishes that it represents more than 50% of the
employees in such unit, the Mayor and Common Counci
may, in their discretion, grant formal recognition
to such employee organization without a secret
ballot election.
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(4) When an employee organization in the unit found to
be appropriate submits written proof that it
represents at least 30% of the employees in such
unit, and it does not qualify for or has not been
granted recognition pursuant to Subsection 3 above,
the Designated City Representative shall arrange
for a secret ballot election to be conducted by the
California State Conciliation Service, the American
Arbitration Assn., or some agreed upon third party.
All challenging organizations who have submitted
written proof that they represent at least 10% of
the employees in the unit found to be appropriate,
and have submitted a Petition for Recognition as
required by Section 9 of the Resolution, shall be
included on the ballot. The choice of "no organi-
zation" shall also be included on the ballot.
Employees entitled to vote in such election shall
be those persons regularly employed in permanent
positions within the unit who were employed during
the pay period immediately prior to the date which
is 15 days before the election, including those who
did not work during such period because of illness,
vacation or authorized leaves of absence and who
are employed by the City in the same unit on the
date of the election. An employee organization
shall be granted formal recognition following an
election or run-off election if:
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(a)
That employee organization has received the
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vote of a numerical majority of all the
employees eligible to vote in the unit in
which the election is held (i.e., 50% plus 1
of the votes of all eligible employees); or
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(b) At least 60% of the total number of employees
in the unit eligible to vote have voted in
the election or run-off election, and an
employee organization receives a numerical
majority of all votes cast in the election
(i.e., 50% of the votes cast plus 1);
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(For example: If 100 employees are eligible
to vote in an election, but only 59 actually
vote, an employee organization must obtain 51
votes for formal recognition. If 90 employees
vote, an employee organization must receive
at least 46 votes for formal recognition). If
less than 60% of eligible employees have
voted, another election shall be scheduled
within 90 days;
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(c) In an election involving three or more choices
where none of the choices receives a majority
of the valid votes cast, a run-off election
shall be conducted between the two choices
receiving the largest number of valid votes
cast. The rules governing an initial election
shall also apply to a run-off election.
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(5) There shall be no raore than one valid election in a
12 month period within the same unit.
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(B) DECERTIFICATION OF ESTABLISHED UNIT
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(1) A Petition for Decertification alleging that an
employee organization granted formal recognition
is no longer the majority representative of the
employees in an appropriate unit may be filed with
the Designated City Representative only during the
first week in October after one full year of formal
recognition expires (e.g., for an organization
granted formal recognition on March 1, 1972, a
Petition of Decertification could be filed from
October 1 to October 7,1973). The Petition of
Decertification may be filed by an employee, a
group of employees or their representative, or an
employee organization. The Petition, including all
accompanying documents, shall be verified under
oath by the person signing it, that its contents
are true. It may be accompanied by a Petition for
Recognition by a challenging organization. The
Petition for Decertification shall contain the
following information:
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(a) The name, address and telephone number of the
petitioner and a designated representative
authorized to receive notices or requests for
further information;
(b) The name of the formally recognized employee
organization;
(c) An allegation that the formally recognized
employee organization no longer represents a
majority of the employees in the appropriate
unit, and any other relevant and material
facts;
(d) Written proof that at least 30% of the
employees in the unit do not desire to be
represented by the formally recognized em-
ployee organization. Such written proof shall
be dated within six months of the date upon
which the petition is filed and shall be sub-
mitted for confirmation to the Designated City
Representative or to a mutually agreed upon
disinterested third party.
(2) The Designated City Representative shall arrange
for a secret ballot election to determine if the
formally recognized employee organization shall re-
tain its recognition rights. The formally recog-
nized employee organization shall be decertified if
a majority of those casting valid ballots vote for
decertification, under the same rules as in A(4) (a)
and (b).
The Ballot shall read: "I request that (name of
currently recognized employee organization) con-
tinue to represent my interests as an employee of
the City.
"I request that (name of Petitioner for Decertifi-
cation) represent my interests as an employee of
the City. I do not wish (name of currently recog-
nized employee organization) to represent my
interests within the scope of representation, as an
employee of the City."
(3) The organization which receives the majority vote
shall be formally recognized as the majority rep-
resentative after furnishing the data required by
Section 9(A) (1) through (10) of Resolution No.
10584.
(4) There shall be no more than one valid decertifica-
tion election in the same unit in any 12 month
period.
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(C) MODIFICATION OF ESTABLISHED UNIT
A Petition for Modification of an established unit may
be filed by an employee organization with the Municipal
Employee Relations Officer during the period for filing
a Petition for Decertification. The Petition for Modi-
fication shall contain all of the information set forth
in Section 9(A) of Resolution No. 10584 along with a
statement of all relevant facts in support of the pro-
posed modified unit. The Petition shall be accompanied
by written proof that at least 50% of the employees
within the proposed modified unit have designated the
employee organization to represent them in their employ-
ment relations with the City; provided, however, the
employee organization may request that such written
proof be submitted to a mutually agreed upon disinteres-
ted third party. The Designated City Representative
shall hold a hearing on the Petition for Modification,
at which time all affected employee organizations shall
be heard. Thereafter, the Designated City Representa-
tive shall determine the appropriate unit or units as
between the existing unit and the proposed modified
unit. If the Designated City Representative determines
that the proposed modified unit is the appropriate unit,
then he shall follow the procedures set forth in Section
3(A) of Resolution No. 10585 for determining formal
recognition rights in such unit of the employee organi-
zation.
(D) DURATION OF FORl'1AL RECOGNITION
When an employee organization has been formally recog-
nized, such recognition shall remain in effect for one
year from the date thereof and thereafter until such
time as the Designated City Representative shall deter-
mine, on the basis of a secret ballot election conducted
in accordance with the foregoing rules, that the formal-
ly recognized employee organization no longer represents
a majority of the employees in the appropriate unit or
until such time as the unit may be modified as provided
in Subsection (C).
(E) COST OF ELECTION PROCEEDINGS
The cost of any election proceeding shall be borne by th
employee organization or organizations whose name(s)
appear on the ballot. In any election in which an optio
for "no organization" is included, the City will bear a
proportionate share of the cost. (e.g., if three
organizations are on the ballot and a "no organization"
box is provided, the City will pay one fourth of the
costs. In a run-off election in which two organizations
are listed, the two organizations will share the total
cost of the election.)
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(F)
IMPASSES IN REPRESENTATION PROCEEDINGS I
Any unresolved complaint by an affected employee organ-
ization advanced in good faith, concerning a decision of
the Designated City Representative made pursuant to Sub-
sections (A), (B), or (C) hereof, shall be processed in
accordance with the procedures set forth in Section 13
of Resolution No. 10584; provided, however, the written
request for an impasse meeting as described in Section
13 of Resolution No. 10584, must be filed with the
Designated City Representative or the City Clerk, within
7 days after the affected employee organization first
receives notice of the decision upon which its complaint
is based, or its complaint will be considered closed and
not subject to the impasse procedures or to any other
appeal.
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RULE 2 - REASONABLE TIME OFF TO MEET AND CONFER
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A recognized employee organization may select not more than five
employee members of such organization to attend scheduled meetings
with the Designated City Representative or other management
officials on subjects within the scope of representation during
regular work hours without loss of compensation. Where circum-
stances warrant, the Designated City Representative may approve
the attendance at such meetings of additional employee repre-
sentatives with or without loss of compensation. The employee
organization shall, whenever practicable, submit the names of all
such employee representatives to the Designated City Representa-
tive and the affected department head at least two (2) working day
in advance of such meetings.
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Except in cases of emergency, the department head shall grant per-
mission for employee representatives to attend meetings with the
Designated City Representative. Any such meeting is subject to
scheduling by City management in a manner consistent with operat-
ing needs and work schedules.
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RULE 3 - ACCESS TO WORK LOCATIONS
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Reasonable access to employee work locations shall be granted
officers of formally recognized employee organizations and their
officially designated representatives for the purpose of process-
ing grievances or contacting members of the organization concern-
ing business within the scope of representation. Such officers
or representatives shall not enter any work location without the
consent of the department head or the Designated City Representa-
tive. Access shall be restricted, so as not to interfere with the
normal operations of the department or with established safety or
security requirements.
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solicitation of membership shall not be conducted during working
27 hours. Activities concerned with the internal management of an
employee organization, such as collecting dues, holding membership
28 meetings, campaigning for office, conducting elections and
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1 distributing literature, shall not be conducted during working
hours except as may be approved by the Designated City Representa-
2 tive. Failure to observe these requirements may result in a
curtailment of the granting of access to employee work locations.
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RULE 4 - USE OF CITY FACILITIES
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Employee organizations rnay, with the prior approval of the Desig-
5 nated City Representative, be granted the use of City facilities
during non-work hours for meetings of City employees, provided
6 that space is available, and provided further that such meetings
are not used for organizational activities or membership drives
7 of City employees. All such requests shall be in writing and
shall state the purpose or purposes of the meeting. The City
8 reserves the right to assess reasonable charges for the use of
such facilities. The use of City equipment other than items
9 normally used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards, is strictly prohibited, not-
10 withstanding the presence of such equipment in approved City
facilities.
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RULE 5 - USE OF BULLETIN BOARDS
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Formally recognized employee organizations may use portions of
13 City bulletin boards under the following conditions:
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(A) All materials must receive the approval of the Designate
City Representative prior to posting of material on
departmental bulletin board.
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(Bl All materials must be dated and must identify the
organization that published them.
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(C) The actual posting of materials may be done by the City
employee organization, as soon as possible, after they
have been approved. Unless special arrangements are
made, materials posted will be removed 31 days after the
publication date. Materials which the Designated City
Representative considers objectionable will not be
posted; provided, however, the Designated City Repre-
sentative shall first discuss this denial with the
employee organization.
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(D) The City reserves the right to determine where bulletin
boards shall be placed and which ones, or what portions
of them, are to be allocated to employee organizations'
materials.
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(E) An employee organization that does not abide by these
rules will forfeit its right to have materials posted
on City bulletin boards.
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27 RULE 6 - PEACEFUL PERFORMANCE OF CITY SERVICES
28 Participation by any employee in a strike or work stoppage is
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1 unlawful and shall subject the employee to disciplinary action,
which may include dismissal from employment.
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No employee organization, its representatives or members shall
3 engage in, cause, instigate, encourage, or condone a strike or
work stoppage of any kind.
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If a recognized employee organization, its authorized representa-
tives, or members on its behalf, engage in, cause, instigate,
encourage or condone a strike or work stoppage of any kind, the
Designated City Representative may, in addition to any other law-
ful remedies or disciplinary actions, suspend or revoke the recog-
nition granted to such employee organization, suspend or cancel
any or all payroll deductions payable to such an organization,
prohibit the use of bulletin boards, prohibit the use of City
facilities and prohibit access to former work or duty stations by
members of such organization.
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As used in this Section "strike or work stoppage" means the con-
certed failure to report for duty, the willful absence from one's
position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of employ-
ment for the purpose of inducing, influencing, or coercing a
change in the conditions of compensation, or the rights, privilege
or obligations of employment.
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Any decision of the Designated City Representative made under the
provisions of this Section may be appealed to the Mayor and Common
Council by filing a written Notice of Appeal with the Designated
City Representative or the City Clerk, accompanied by a complete
statement setting forth all of the grounds upon which the appeal
is based. Such Notice of Appeal must be filed within 15 days afte
the affected employee organization first receives notice of the
decision upon which its complaint is based, or its complaint will
be considered closed and not subject to any other appeal.
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RULE 7 - GRIEVANCES AND APPEAL PROCEDURES
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Any grievances, including any alleged violation of, or any com-
plaint arising out of the administration of, ordinances, or regu-
lations dealing with the administration of personnel, salary, or
other benefits, any alleged improper treatment of an employee, or
any alleged violation of commonly accepted safety practices and
procedures, shall be considered to be matters subject to review
through the hereinafter prescribed grievance procedures.
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(A) An attempt shall be made to ascertain all facts and
adjust all grievances on an informal basis between the
employee and, if he desires, an attorney or his desig-
nated representative from a formally recognized employee
organization, and a supervisor in the employee's chain
of command, up to and including his division head.
Presentation of this grievance shall be made within ten
(10) working days of the incident causing the grievance.
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(E)
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(1) If the grievance is not adjusted to the satis-
faction of the employee involved within five (5)
working days after the presentation of the griev-
ance, the grievance shall be submitted in writing
by the employee or his designated representative
to the department head, with a copy thereof to the
City Administrator and the Personnel Director,
within the next ten (10) working days. The depart-
ment head shall meet with the employee or his
designated representative within five (5) working
days of receipt of the written grievance and shall
deliver his answer in writing to the employee with-
in five (5) working days after the meeting.
(2) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the
Designated City Representative within ten (10)
working days from the date of delivery of said
answer. The Designated City Representative shall
meet with the employee and, if he desires, his
designated representative, within five (5) days
after receipt of the appeal and he shall deliver
his answer in writing to the employee within five
(5) days after the meeting.
(3) If the grievance is still not adjusted, the parties
may agree upon any mutually acceptable impasse
procedure, including, but not limited to, mediation
conciliator or advisory arbitration. The impartial
mediator, conciliator or advisory arbitrator shall
be selected jointly by the City and the aggrieved
employee or, if he desires, his representative.
The fees and expenses incurred by the impartial
mediator, conciliator or advisory arbitrator shall
be shared equally by the parties.
(4) If the parties agree upon a mutually acceptable
impasse procedure but cannot agree upon an arbi-
trator, a list of five (5) arbitrators shall be
obtained from the California State Conciliation
Service or other mutually agreeable source and each
party shall alternately strike one name from the
list until only one name remains. The first party
to strike a name shall be determined by lot.
(5) The arbitrator shall have no authority to add to,
delete or alter any provision of this resolution
or the rules, but shall limit his decision to the
application and interpretation of the provisions
thereof.
(6) If the grievance is still not adjusted, or if the
parties fail to agree upon a mutually acceptable
impasse procedure, after all reasonable means of
settlement have been exhausted, the aggrieved party
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may file a written appeal to the Mayor and Common
Council for final determination.
(C) A grievance shall not be subject to the appeal pro-
visions of the rules and regulations of the civil
service Board of the City, except as may be permitted
therein; and when disciplina~y action is instituted
before the Civil Service Board, Rule 7(B) relating to
grievances and appeals procedures shall not be applica-
ble; but the rules and regulations of the Civil Service
Board shall be applicable. The decision of the Civil
Service Board shall be final.
RULE 8 - SUPERSEDING PROVISIONS
The provisions of these rules and regulations shall not supersede
the provisions of the Employer-Employee Relations Resolution, the
Charter, any ordinance, or Civil Service Rules and Regulations of
the City and applicable state laws in the event of conflict
therewith, and such latter provisions shall apply.
RULE 9 - VALIDITY
If any provision of these rules and regulations, or the applica~
tion of such provision to any person or circumstance shall be held
invalid, the remainder of these rules and regulations or any part
thereof, or the application thereof, shall not be thereby affected
and it is the declared intent that each and all remaining parts
thereof, shall remain effective.
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