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HomeMy WebLinkAbout2022-3-16 AgendaCITY OF FAYETTEVILLE %PF ARKANSAS MEETING AGENDA Civil Service Commission March 16, 2022 1:00 P.M. City Hall Room 219 This meeting will be held in -person and virtually Members: Bo Bittle - Chair, Paul Younger - Vice -Chair, Edith Hawkins — Secretary, Jules Beck, Spencer Brown, Buddy Chadick, and Warren McDonald City Staff: Fire Chief Brad Hardin, Police Chief Mike Reynolds, City Attorney Kit Williams, Michele Bechhold, Civil Service Commission Staff Liaison 1. Consider revisions as shown in the attached Proposed Changes to the Civil Service Commission Rules & Regulations. Virtual Meeting Information: Register in advance for this webinar: https://us06web.zoom.us/webinar/register/WN kfvU046RQKQmortknoUEQ Webinar ID 883 6662 9407 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ►i CITY OF FAYETTEVILLE ARKANSAS TO: Civil Service Commission THRU: Missy Cole, HR Director FROM: Michele Bechhold, Asst. HR Director 791 DATE: February 24, 2022 SUBJECT: Proposed Revisions to the Civil Service Commission Rules & Regulations This memo and the attached memos from Chief Hardin and Chief Reynolds summarize proposed revisions to the Civil Service Commission Rules & Regulations. Also included in this packet is a separate document, Proposed Changes to the Civil Service Commission Rules & Regulations, which reflects the requested changes from all departments. Changes requested by the Human Resources Department are outlined below. Section 1:01(f)3 is added to mirror an addition to Arkansas State Code. 2. Section 1:01(g) includes rewording of firefighter qualifications at the request of the Fire Department. 3. Section 1:02(g) includes a change to support the proposed application process for certified firefighters. 4. Section 1:03(c) is revised to relocate the firefighter requirement for a post -offer physical fitness assessment from this section to Section 1:07(f). 5. Section 2:01(d) and (e) revisions improve the consistency of wording in these two sections. 6. Sections 2:04, 2:05, and 2:11 include minor changes to increase uniformity with other proposed changes and correct some section number references. Thank you for your consideration of these proposed changes. Attachments: Memo dated February 16, 2022 from Chief Hardin Memo dated February 22, 2022 from Chief Reynolds Proposed Changes to the Civil Service Commission Rules & Regulations Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 IVA CITY OF FAYETTEVILLE ARKANSAS Memorandum To: Civil Service Commission From: Chief Hardin Date: February 16, 2022 Ref: Possible Civil Service Commission rule changes The Fayetteville Fire Department has been working for the past several months to improve our promotional and hiring process. The Fire Department is requesting the same changes as the Police Department for the firefighter applicant testing. In our competitive job market, it would be very useful to be able to consider certified firefighters without going through the full civil service testing process. This would also be helpful to address the long vacancies caused by attrition. We also request to remove the Civil Service Commission interviews from the firefighter applicant hiring process. This request is made out of respect for the Commissioners' time. We feel we are asking too much with the volume of tests and number of applicants on each. Here is a summary of the changes: 1) Firefighter a. Allow the fire department to hire certified firefighter without waiting for the next testing cycle. b. Remove CSC interviews for new firefighter applicant hiring process 2) Driver Operator. a. Written Test, Practical Portion -Hands on, Panel Interview, Civil Service Interview. b. Point distribution: Written- 30 pts, Assessment Center- 70 pts, Panel Interview- 20 pts, Civil Service- 30 pts. 105 points required to certify. (70%). 3) Captain. a. Written Test, Role play type management assessment, ICS/Tactical Assessment, Panel Interview, Civil Service Interview. b. Point distribution: Written- 30 pts, Assessment Center- 70 pts, Panel Interview- 20 pts, Civil Service- 30 pts. 105 points required to certify. (70%). 4) Battalion Chief. a. Written Test, Role play type management assessment, ICS /Tactical Assessment, Panel interview, Civil Service Interview. b. Point distribution: Written- 30 pts, Assessment Center- 30 pts, Panel Interview- 60 pts, Civil Service- 30 pts. 105 points required to certify. (70%). 5) Ranks above Battalion Chief a. Fire Chief Interview, and Civil Service Interview. b. Point distribution: Fire Chief Interview-120 pts, Civil Service — 30 pts. 6) 2:00 General (b): Add the same appeal language to fire that appears with police rules Mailing Address 303 W. Center St. www.fayetteville-ar.gov Fayetteville, AR 72701 i CITY OF FAYETTEVILLE ARKANSAS MEMORANDUM TO: Michele Bechhold — Civil Service Commission Staff Liaison FROM: Mike Reynolds — Chief of Police / &- 400CL, DATE: February 22, 2022 SUBJECT: Civil Service Rule Change Proposals The Fayetteville Police Department would respectfully request several changes to the Rules and Regulations of the Civil Service Commission of the City of Fayetteville as outlined in the Proposed Changes to the Civil Service Commission Rules document which you will be providing to the commissioners. Our recommended changes are outlined below: 1. Section 1:01 (a) requires applicants to be a citizen of the United States. Recent changes to the Arkansas Commission on Law Enforcement Standards and Training (CLEST) standards would allow nonimmigrant Citizens of the Republic of the Marshall Islands to become police officers. This additional language would bring our rules to mirror CLEST rules. 2. Section 1:01 Comment "D" should be removed because CLEST sets all of the minimum standards, and there is no provision for authorization of waivers by the governing body of the city. This is possibly old language that has not been removed previously. 3. Section 1:02 (b) additional language should be added to show proof of Marshallese citizenship. 4. Section 1:02 (c) additional language should be added to bring our rules to mirror CLEST rules. This is a new section allowing 12 hours of college to substitute for a high school diploma or GED. 5. Section 1:03, 1:04 and 1:05 changes are being recommended to streamline and shorten the onboarding process for all applicants, ease the burden on the commissioners of having to schedule so many days of interviews throughout the year, and allow the police department to immediately begin the process of onboarding certified police officers without waiting for a scheduled test date. MR:wb ailing Address: )0 West Rock Street www.fayetteville-ar.gov ayetteville, AR 72701 PROPOSED CHANGES TO CIVIL SERVICE COMMISSION RULES AND REGULATIONS Bold typeface indicates new, proposed text, yellow highlight added to reflect new, proposed section header text, str-ikethr-eugk indicates proposed deletions. 1:01 QUALIFICATION FOR APPLICANTS All applicants for appointment to the Fayetteville Fire or Police Department must by the appheation deadlifie date meet the following qualifications: (a) Be a citizen of the United States or a nonimmigrant legally admitted to the United States under the Compact of Free Association (Marshall Islands); (b) Provide documentary proof that applicant will be not less than 21 years of age by the test date. Individuals 18 through 20 years of age may apply for appointment to the Fire Department if they meet specific criteria listed in (g) below; (c) Have graduated from an accredited High School, er have passed the General Education Development Test indicating High School graduation level, or have completed a minimum of 12 hours of college coursework at an accredited institution with at least a "C" average; (d) Have never been convicted of a felony; (e) Be of good moral character; (f) Ark. State Code provides that no person who has arrived at the age of thirty-five (35) shall be eligible for appointment to the Fire Department except where the applicant is already a paid firefighter. The maximum age of thirty-five (35) shall not apply to: 1. Any person who has at least two (2) years of previous experience as a paid firefighter with another department and whose years of experience as a paid firefighter, when subtracted from the person's age leaves a remainder of not more than thirty- two (32) years; or 2. Any person who is applying for a position within the Fire Department in which the primary function of the job involves duties that are administrative, managerial, or supervisory in nature. 3. A current or former service member of the regular or reserve component of the uniformed services of the United States as defined under 10 U.S.C. 101 who is within three (3) years of separation or retirement from the regular or reserve component of the uniformed services of the United States. (g) Applicants for the Fire Department who are 18 through 20 years of age must have attained certification as an Emergency Medical Technician either through the State of Arkansas Department of Health or through the National Registry of Emergency Page 1 of 11 Medical Technicians or possess one of the following prior to application: I. Medical certification or license at a higher level (paramedic, nurse, etc.) 2. 12 college credit hours 3. Firefighter I and Firefighter II certification through IFSAC or Pro -Board 5. A minimum of two years' honorable service in the US Armed Forces including National Guard. (h) Police department applicants must meet all minimum standards for employment for police officers set by the Arkansas Commission on Law Enforcement Standards. COMMENT: A. U.S. Citizenship or status as a nonimmigrant legally admitted to the United States under the Compact of Free Association (Marshall Islands) is required by the Minimum Standards for employment for police officers set by the Arkansas Commission on Law Enforcement Standards. B. Minimum Standards requires all police officers must be at least 21 years of age. Ark. Code Ann. Sec. 14-51-301 requires a minimum age of 18 for appointment to any position on the fire department. C. The Code states only that the Rules prescribed by the Board (Commission) shall provide for the rejection of candidates as eligible who fail to comply with reasonable requirements of the Board as outlined in Ark. Code Ann. Sec. 14-51-301. Minimum standards set no maximum age for Police. E. Ark. Code Ann. Sec. 14-51-301 prohibits appointments of a convicted felon and Minimum Standards prohibit appointment of a person "convicted by any state or by the Federal Government of a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison". 1:02 APPLICATION All applicants for police officer who are not already Certified Law Enforcement Officers or applicants for firefighter who are not already Certified Firefighter I and Firefighter II and certified Emergency Medical Technicians (EMT) The apphea must submit to the City the properly completed provide application form no later than Page 2 of 11 the published appleation deadline. As used throughout the Rules and Regulations of the Civil Service Commission, a certified Firefighter I and II must possess a currently valid certification through the International Fire Services Accreditation Congress (IFSAC) or Pro -Board and a certified EMT must possess a currently valid certification as an Emergency Medical Technician either through the State of Arkansas Department of Health or through the National Registry of Emergency Medical Technicians. An application from a Certified Law Enforcement Officer or Certified Firefighter I and II with EMT certification may be considered by the Police or Fire Department when received. The following documents must be supplied to the City to make the application properly completed. by eaeh pr':eant no latef than the pttblished appheation deadline, tmiess waived by the Geffifflis The Civil Service Commission may waive the necessary inclusion of any such document: (a) A completed application form; (b) A copy of the applicant's birth certificate, naturalization record, or unexpired United States passport or United States passport card, or unexpired Marshall Island Passport or U.S. Immigration Form I-94; (c) A copy of the applicant's high school diploma, college diploma, high school transcript showing graduation date, of General Education Development (GED) Certificate, or a transcript from an accredited institution documenting a minimum of 12 hours of completed college coursework with at least a "C" average as a substitute for a high school diploma or GED certificate; (d) If the applicant has been in the military service of the United States, a copy of the discharge paper from such service; (e) A copy of the applicant's driver's license. ( Applicants for the Fire Department must provide a copy of EMT certification or a copy of documentation that meets one of the requirements listed below: 1. A higher level medical license or certification (Paramedic, Nurse, etc 2. College transcript reflecting earning at least twelve credit hours in English, Math, Science, Communications, Speech, Journalism or Foreign Language 3. IFSAC Firefighter I and II certificates 4. Accredited Fire Academy Certificate of completion (NFPA, Pro - Board, etc.) 5. Military discharge papers (DD-214) or if currently serving, other documentation which reflects a minimum of two years' honorable service in the Armed Forces including National Guard. Page 3 of 11 (g) Applicants for the Fire Department must provide a copy of proof of passing the Candidate Physical Ability Test (CPAT). This document must be valid at the time of the application is accepted. one. „bseetio ; suspended rl, ing the , ,mot state of disaster- - o thereof until the Govemer- issiies an exeeu4ive order- or- pr-oelafflatiefl ending the state ef disaster- emer-geney, (h) At the time of formal application, police applicants for all positions are to be informed in the written or electronic application cover sheet of all elements of the selection process, the expected duration of the selection process, and the agency's policy on reapplication. Candidates should also be made aware that sensitive or confidential aspects of their personal lives may be explored. COMMENT: A. Each of the enumerated documents with the exception of (f) and (g) is required by Minimum Standards. B. CALEA standards require certain information be communicated to the applicants about the selection process. 1:03 EXAMINATION REQUIREMENTS Prior- to taking the er-al examination, all applicant 'he following--. (a) Prior to taking the oral examinations explained in Section 1:04, all applicants must pass the P-preliminary background investigation to determine good moral character; and (b) Prior to taking the taking the oral examinations, all non -certified applicants must also pass the "meal abilities lities and apti to test(s) developed and validated pursuant to currently accepted professional standards, and; (c) Prior to taking the oral examinations, all applicants must pass a physical fitness assessment established by the department. ^ p1,ysie,,1 fitness assessment established by the department prior- te the iatefview portion of the testing pr-ocess. ThR ro o v„It i this subse do for- Fire T,epar-tw,o„t f the testing ; suspended aufi the , „t state f disaster- o until the Govemor- issues an exeetitive order- of pr-oelafnatioa ending the state o disaster-emer-gen Fire Tlopaft,Y,e t ., ,.1;,.a is will be required to pass a post o ff-e - ,.b,ysie.,1 fitness assessment. Page 4 of 11 COMMENT: A. Ark. Code Ann. Sec. 14-51-301 requires the Commission Rules and Regulations to provide for the rejection of candidates who fail to meet reasonable requirements of the Commission in regard to physical fitness. 1:04 EXAMINATIONS (a) An applicant who is not already a Certified Law Enforcement Officer or a Certified Firefighter I and II and a certified EMT shall be tested and evaluated as follows: (1) The first part shall consist of a written exam(s) for a total of 50 points. Written examination minimum passing scores will be set by Human Resources or their Police or Fire Department designee in accordance with professional standards and norms recommended by the testing service for each respective test. Raw or percentile scores will be converted by a mathematical ratio to a 50 point range. (b)(2) An oral interview eonsisting of two tests for a total value of 50 points. � �%f�•�.i.4-I �'I.9'�'�'�'I��i���. S j %��.���wTl� %����I t.�A�I R��� %��� ����/����1� The Police Chief or the Fire Chief or their appointed representatives will evaluate the suitability of an applicant for appointment. The evaluation will be based upon prior experience, education, specialized skills applicable to the job, potential and other qualifications necessary and beneficial for the position for a total of 2-0 50 points. (b) An applicant who is a Certified Law Enforcement Officer in good standing or a Certified Firefighter I and II with EMT certification in good standing may opt in writing to forgo the written test and rely solely upon the departmental evaluation described as follows: (1) Because a Certified Law Enforcement Officer in good standing and a Certified Firefighter I and Firefighter II (both required) with EMT certification in good standing have already established they have the competence and knowledge necessary to perform the essential functions of the position, no written test is necessary nor will be administered to them. Instead, to test their relative fitness for the positions, these applicants will be subject to careful and extensive examination by panels of police officers or firefighters to evaluate their knowledge, skills, ability, and suitability for appointment. Page 5 of 11 (2) These qualified applicants shall be interviewed by the Police Chief or Fire Chief or their appointed representatives to evaluate and rate on a scale of 1 to 100 points the suitability and competence of such applicant for appointment. The evaluation will be based upon the applicant's prior experience, education, service record, qualifications, accomplishments, and any specialized skills. This interview and evaluation shall have a total possible score of 100 points. COMMENT: A. Ark. Code Ann. Sec. 14-51-301 requires the Commission Rules and Regulations to provide for open competitive examination to test the relative fitness of applicants for the position, and rejection of candidates as eligible who have attempted fraud or deception in connection with the examination. Ark. Code Ann. Sec. 14-51-306 requires that all examinations be fair and impartial, and such as to test the qualifications of the applicants for the particular service and position to be filled. 1:05 SCORING AND PLACEMENT INTO CERTIFICATION LIST (a) All applicants receiving a combined total of at least 70% on the written examination (where applicable) and oral interviews shall be declared to have passed the examination. The names of all persons receiving a passing score on the examination shall be placed on the eligibility list in order from the highest total combined score to the lowest. (c) An applicant who is a properly certified Police Officer or a properly certified Firefighter I and II with EMT certification who opts to forego the written exam, and who passes their Departmental Interview shall be inserted into the existing certification list based upon the points scored during their departmental interview. COMMENT: A. Ark. Code. Ann. Sec. 14-51-301 requires the Rules and Regulations to provide for the creation of eligibility lists for employment for which shall be entered the names of successful candidates in the order of their standing in the examination. 1:06 SELECTION An individual has three (3) business days to respond to written communication from the Chief or his/her designee sent to the email address provided in their application. Upon failure to respond, the Chief may remove the individual from the certification list. When a position becomes vacant, the Chief of the respective department may select, for appointment, one (1) of the highest three (3) individuals on the eligibility list. After selection of an individual to fill a position, all remaining applicants for appointment, Page 6 of 11 including those certified but not selected by the Cehief will remain on the eligibility list. The applicant selected for appointment will be given written notice and has three (3) calendar days to accept the appointment. Upon failure to accept appointment, that individual shall forfeit all rights under the eligibility list. The Chief may select from the three (3) highest individuals then certified. This procedure shall be repeated until a selected individual from a list accepts appointment. The Chief shall notify the Commission of the person appointed. The Police Chief may remove an individual from the Police Officer certification list subject to the provisions of Section 1002 3. (e) of the Rules and Regulations of the Commission on Law Enforcement Standards and Training. COMMENT: A. Ark. Code Ann. Sec. 14-51-301 requires the Commission Rules and Regulations to provide for certification to the department head of the three (3) standing highest in the eligibility list for appointment and for the department head to select, for appointment one (1) of the three (3) certified and notify the Commission thereof. B. An applicant selected for appointment who does not accept the appointment within the time prescribed by this section, must file a new application pursuant to Section 1:02 and be recertified pursuant to Sections 1:03 — 1:06 of these Regulations. 1:07 EMPLOYMENT REQUIREMENTS Before employment by the respective department, each applicant must complete and pass, to the satisfaction of the Chief of the respective department: (a) A comprehensive background investigation; (b) A detailed psychiatric or psychological examination; (c) A physical examination by a licensed physician; (d) Fingerprinting and submission of those fingerprints to the FBI and State fingerprint files to check for criminal records; police candidates only—.-, (e) A hearing test by a certified ENT, a licensed Audiologist, or other certified medical technician; for fire candidates only; (f) 75-foot ladder climb; for fire candidates only; (g) Failure of any applicant to complete/pass to the satisfaction of the Chief sub- paragraphs a, b, c, d, e, and of will result in removal from the certification list. Page 7 of 11 COMMENT: A. (a), (b), (c) and (d) are required by Minimum Standards. PROMOTIONAL POLICY 2:00 GENERAL (a) Only current sworn Civil Service members of the Fayetteville Police and Fire Departments are eligible to take the respective departmental promotional examinations. However, if there are only two or fewer applicants for a specific job vacancy, the Civil Service Commission may open the promotional examination to currently employed qualified applicants who meet Ssection 2:11 standards provided herein from Police and Fire Departments other than the Fayetteville Police and Fire Departments. The Chiefs of the Police and Fire Departments are hereby each designated as the position of authority in administering each respective Department's role in the promotional process. (b) In order to ensure fairness and impartiality, any police or fire promotional candidate shall have the right to appeal in writing the results of each promotional element as listed in the promotional announcement to the Civil Service Commission within ten (10) calendar days of the initial posting of certification list on the City's web site. Within fifteen (15) calendar days of receipt of such appeal, the Civil Service Commission shall schedule an appeal hearing date for this and any other similar appeals. Neither the Chief nor the appealing applicant shall be entitled to any representation, but both may address the Commission and call witnesses who will be questioned only by the Commission. The Commission shall make a determination consistent with ensuring that a fair and impartial promotional process has occurred. No one shall be promoted until all appeals having the potential to affect said promotion are final. The Commission's decision shall be final with no right of appeal. COMMENT: A. Subsection (b) The seeend paragraph is required to meet CALEA standards. 2:01 FIRE DEPARTMENT In the Fire Department, no person shall be eligible for examination for advancement from a lower rank to a higher rank until that person has attained EMT certification and the certification of Fire Fighter I & II, or their equivalent. (d) No person shall be eligible for examination for advancement to the rank of Page 8 of 11 Division Chief until that person has completed at least ten (10) years of continuous service as a full-time employee with the Fayetteville Fire Department immediately preceding the date of the wr-44e first promotional interview examin and has successfully attained and held the rank of Battalion Chief for two (2) one (1) years immediately preceding the date of the first promotional interview. of,.,,,,*;,,,,,,,,� ith the Fayetteville Fire Depaftmei4 as a Ba4ahen Chief and has- After December 31, 2024, a Bachelor's Degree from an accredited college or university will be required. aftef Deeember- 31, 2024. (e) No person shall be eligible for examination for advancement to the rank of Assistant Fire Chief until that person has completed at least ten (10) years of continuous service as a full-time employee with the Fayetteville Fire Department immediately preceding the date of the "tte first promotional interview ems, and has successfully attained and held the rank of Battalion Chief or Division Chief for two (2) years immediately preceding the date of the ten first promotional interview. examinatien. After December 31, 2024 a Bachelor's degree from an accredited college or university will be required. 2:04 COMPETITIVE EXAMINATION When a written examination minimum passing score is required by the Rules of the Commission, it will be set by Human Resources or their Police or Fire Department designee in accordance with professional standards and norms recommended by the testing service for each respective test. Raw or percentile scores will be converted by a mathematical ratio to the appropriate point range. A. Police Department Promotion shall be based upon open competitive examination consisting of a written examination (totaling 60 points), Civil Service Commission Interview (totaling 40 points), and Departmental Evaluation Porf , manee Review (totaling 50 points). Of the total 150 points, 90 points must be achieved by the candidate in order to be certified for promotion. Further, of the 100 combined points for the Civil Service Commission Interview and written exam, a score of not less than 60 points must be achieved in order for the candidate to be certified for promotion. (b) Upon request, the Civil Service Commission will be provided access to any and all personnel records pertaining to the promotional candidates. Any personnel files pei4aining to appheants for- promotion will be made available t the Commission. in order- to ensurefaimcrs and impccr"tiality,, any '1'olieee promotional candidate shall have the right te appeal in writing the results ef eaeh promotional element as Page 9 of 11 IMUMP. WPM PIP-M-LOM Olti�MINNMMML - i B. Fire Department Promotion shall be based upon a competitive examination process as outlined below: for ranks from Driver Operator to Assistant Fire Chief. A candidate must achieve a total point score of not less than 105 points in order to be certified for promotion. 1. Driver Operator Written test: 30 points Departmental Evaluation: 70 points Fire Department Interview: 20 points Civil Service Commission Interview: 30 points 2. Captain Written test: 30 points Departmental Evaluation: 70 points Fire Department Interview: 20 points Civil Service Interview: 30 points 3. Battalion Chief Written test: 30 points Departmental Evaluation: 30 points Fire Department Interview: 60 points Civil Service Interview: 30 points 4. Division Chief and Assistant Fire Chief Fire Chief Interview: 120 points Civil Service Commission Interview: 30 points Page 10 of 11 Upon request, the Civil Service Commission will be provided access to any and all personnel records pertaining to the promotional candidates. 2:05 PROMOTIONAL ELIGIBILITY RANKING All persons who qualify for promotion under Section 2:045 shall be placed on the promotional eligibility list. Names on the promotional eligibility list will be ranked from the highest total score to lowest total score. If identical scores are received, then ranking shall be determined by seniority. 2:11 EXTERNAL APPLICANT REQUIREMENTS The Commission may open a promotional examination to employees of other Police and Fire Departments if there are insufficient internal applicants pursuant to Ssection 2:00. Such external applicants must satisfy all requirements set forth in these Rules for the particular position, as well as the age limitations set forth in Section rnle 1:01, and will be evaluated in accordance with the same procedures and criteria specified for internal applicants seeking promotion. Provided, however, that in lieu of the Departmental Evaluation Porf fmaneo Revierequired by Section 2:04-5, an external applicant must consent to: (a) release by his or her present and former employers to the Fayetteville Police or Fire Department, a true and correct copy of his or her personnel files; and (b) interviews by senior officers of the Fayetteville Police or Fire Department with his or her present and former supervisors and fellow officers concerning his or her job performance. Evaluation of the personnel files and interviews shall be conducted by those senior officers who conduct the Departmental Evaluation Per-fefmareo Review under Section 2:04-5. The evaluation shall be conducted according to the same standards and have the same maximum point value of 50 pointsas a the Departmental Evaluation for that rank Perf r-manee Review. Provided further, that Section 2:09 is inapplicable and that the probationary period set forth in Section 1:08 shall apply. Page 11 of 11