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Human Resources and Human Resources and Employment Law Employment Law 1 YOUR NAME Human Resources Director, YOUR County
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Page 1: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Human Resources and Human Resources and

Employment LawEmployment Law

11

YOUR NAME

Human Resources Director, YOUR County

Page 2: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

5 Things You Need to Know 5 Things You Need to Know 5 Things You Need to Know 5 Things You Need to Know 5 Things You Need to Know 5 Things You Need to Know 5 Things You Need to Know 5 Things You Need to Know About Personnel and About Personnel and About Personnel and About Personnel and About Personnel and About Personnel and About Personnel and About Personnel and Employment LawEmployment LawEmployment LawEmployment LawEmployment LawEmployment LawEmployment LawEmployment Law

1.1.1.1.1.1.1.1. General human resources General human resources General human resources General human resources General human resources General human resources General human resources General human resources

2.2.2.2.2.2.2.2. Policies and proceduresPolicies and proceduresPolicies and proceduresPolicies and proceduresPolicies and proceduresPolicies and proceduresPolicies and proceduresPolicies and procedures

3.3.3.3.3.3.3.3. Employment lawEmployment lawEmployment lawEmployment lawEmployment lawEmployment lawEmployment lawEmployment law

4.4.4.4.4.4.4.4. Human resources programs and servicesHuman resources programs and servicesHuman resources programs and servicesHuman resources programs and servicesHuman resources programs and servicesHuman resources programs and servicesHuman resources programs and servicesHuman resources programs and services

5.5.5.5.5.5.5.5. Emerging trendsEmerging trendsEmerging trendsEmerging trendsEmerging trendsEmerging trendsEmerging trendsEmerging trends

Page 3: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

#1 Regarding General Human #1 Regarding General Human Resources MattersResources Matters

…Three Important Words:…Three Important Words:

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Documentation,

Documentation, Documentation

Page 4: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Challenges that we face:Challenges that we face:Challenges that we face:Challenges that we face:Challenges that we face:Challenges that we face:Challenges that we face:Challenges that we face:

� Changing workforce/Labor Market

� Declining confidence in government

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� Declining budgets/budget demands

� Demands for productivity

� Emerging technologies

Page 5: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

What’s Your Organization’s What’s Your Organization’s Reputation in the community?Reputation in the community?

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Does it impact how you do business?Does it impact how you do business?

Page 6: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Organizational Culture/DynamicsOrganizational Culture/DynamicsThat Impacts Your Reputation:That Impacts Your Reputation:

• Customer Service and Overall Efficiency of your Government

66

• Ethics

• Value and Treatment of Employees

• What’s the Reputation of YourOrganization?

Page 7: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Positive RelationshipsPositive Relationshipswith other Elected Officials, Constitutional Officers and Staff

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No matter how difficultNo matter how difficult -- the citizens win the citizens win when positive relationships happen AND when positive relationships happen AND they lose when it does not!!they lose when it does not!!

Page 8: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Your Greatest Asset…..Your Greatest Asset…..……Your EmployeesYour Employees

Role of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in County

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Role of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in CountyRole of Human Resources in County

Government People ManagementGovernment People ManagementGovernment People ManagementGovernment People ManagementGovernment People ManagementGovernment People ManagementGovernment People ManagementGovernment People Management

Page 9: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Through Through Through Through Through Through Through Through Our PeopleOur PeopleOur PeopleOur PeopleOur PeopleOur PeopleOur PeopleOur People…..…..…..…..…..…..…..…..

�� By creating a work environment that By creating a work environment that

allows allows motivated employeesmotivated employees of your of your

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allows allows motivated employeesmotivated employees of your of your

organization to provide the organization to provide the qualityquality of of

customer service that the citizens customer service that the citizens

deserve (demand). deserve (demand). You are either You are either

serving the customer or servicing serving the customer or servicing

those who are serving the customer!those who are serving the customer!

Page 10: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

People Management:People Management:

Would you like for your organizationWould you like for your organization

to be described as to be described as “world“world--class”class” inin

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to be described as to be described as “world“world--class”class” inin

people management?people management?

Do you have a vision for your Do you have a vision for your

organizationorganization

Page 11: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

#2 Policies and Procedures: #2 Policies and Procedures: #2 Policies and Procedures: #2 Policies and Procedures: #2 Policies and Procedures: #2 Policies and Procedures: #2 Policies and Procedures: #2 Policies and Procedures:

Familiarize yourself with your Familiarize yourself with your Familiarize yourself with your Familiarize yourself with your Familiarize yourself with your Familiarize yourself with your Familiarize yourself with your Familiarize yourself with your organizations policies and organizations policies and organizations policies and organizations policies and organizations policies and organizations policies and organizations policies and organizations policies and procedures.procedures.procedures.procedures.procedures.procedures.procedures.procedures.

1111

procedures.procedures.procedures.procedures.procedures.procedures.procedures.procedures.

�� Civil Service System?Civil Service System?Civil Service System?Civil Service System?Civil Service System?Civil Service System?Civil Service System?Civil Service System?

�� Merit system?Merit system?Merit system?Merit system?Merit system?Merit system?Merit system?Merit system?

�� AtAtAtAtAtAtAtAt--------Will workforce?Will workforce?Will workforce?Will workforce?Will workforce?Will workforce?Will workforce?Will workforce?

Page 12: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

�� Your Organizations Your Organizations Your Organizations Your Organizations Your Organizations Your Organizations Your Organizations Your Organizations Policies and Policies and Policies and Policies and Policies and Policies and Policies and Policies and

ProceduresProceduresProceduresProceduresProceduresProceduresProceduresProcedures, , , , , , , , Rules and RegulationsRules and RegulationsRules and RegulationsRules and RegulationsRules and RegulationsRules and RegulationsRules and RegulationsRules and Regulations, , , , , , , ,

provide necessary guidance to your provide necessary guidance to your provide necessary guidance to your provide necessary guidance to your provide necessary guidance to your provide necessary guidance to your provide necessary guidance to your provide necessary guidance to your

workforce. This includes both workforce. This includes both workforce. This includes both workforce. This includes both workforce. This includes both workforce. This includes both workforce. This includes both workforce. This includes both front line front line front line front line front line front line front line front line

employeesemployeesemployeesemployeesemployeesemployeesemployeesemployees as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials

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employeesemployeesemployeesemployeesemployeesemployeesemployeesemployees as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials as well as elected officials

and other and other and other and other and other and other and other and other management.management.management.management.management.management.management.management.

�� Must follow written policies!!Must follow written policies!!

Page 13: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Example of Policies:Example of Policies:

�� Guidelines for EmploymentGuidelines for Employment

�� Attendance and work hoursAttendance and work hours

�� Drug & Alcohol Free WorkplaceDrug & Alcohol Free Workplace

�� Unlawful harassment Unlawful harassment (race, color, religion, sex, national (race, color, religion, sex, national

origin, origin, disability, age, etc)

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origin, origin, disability, age, etc)

�� Salary administrationSalary administration

�� NepotismNepotism

�� Political ActivityPolitical Activity

�� Promotion & demotionPromotion & demotion

�� Progressive Discipline; suspensions, terminationsProgressive Discipline; suspensions, terminations

�� Appeals & grievancesAppeals & grievances

Page 14: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

#3 Employment Laws#3 Employment Laws#3 Employment Laws#3 Employment Laws#3 Employment Laws#3 Employment Laws#3 Employment Laws#3 Employment Laws

�� Civil Rights Act of 1964 (Title VII)Civil Rights Act of 1964 (Title VII)

�� Lilly Ledbetter Fair Pay Act of 2009Lilly Ledbetter Fair Pay Act of 2009

�� Age Discrimination in Employment ActAge Discrimination in Employment Act

1414

�� Pregnancy Discrimination Act of 1968Pregnancy Discrimination Act of 1968

�� The Americans With Disabilities Act (ADA) The Americans With Disabilities Act (ADA)

Amendments Act of 2008Amendments Act of 2008

�� USERRAUSERRA

�� Family Medical Leave Act of 1993Family Medical Leave Act of 1993

�� Fair Labor Standards Act of 1938Fair Labor Standards Act of 1938

Page 15: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

SuccessfulSuccessfulSuccessfulSuccessfulSuccessfulSuccessfulSuccessfulSuccessful organizations have organizations have organizations have organizations have organizations have organizations have organizations have organizations have knowledge of and comply with knowledge of and comply with knowledge of and comply with knowledge of and comply with knowledge of and comply with knowledge of and comply with knowledge of and comply with knowledge of and comply with

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ALLALLALLALLALLALLALLALL State and Federal State and Federal State and Federal State and Federal State and Federal State and Federal State and Federal State and Federal

Employment Laws.Employment Laws.Employment Laws.Employment Laws.Employment Laws.Employment Laws.Employment Laws.Employment Laws.

Page 16: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

#4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR #4 FUNCTIONAL AREA’S OF HR PROGRAMS and SERVICESPROGRAMS and SERVICESPROGRAMS and SERVICESPROGRAMS and SERVICESPROGRAMS and SERVICESPROGRAMS and SERVICESPROGRAMS and SERVICESPROGRAMS and SERVICES

�� Recruitment & EmploymentRecruitment & Employment

�� Employee Relations & TrainingEmployee Relations & Training

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�� Employee Relations & TrainingEmployee Relations & Training

�� Classification & Compensation Classification & Compensation

�� Risk ManagementRisk Management

�� Employee BenefitsEmployee Benefits

�� PayrollPayroll

�� RecordsRecords

Page 17: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Recruitment & EmploymentRecruitment & Employment

�� Advertising jobsAdvertising jobs

�� Interviewing/Assessing applicantsInterviewing/Assessing applicants

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�� Hire the Hire the most suitable candidatecandidate

�� This is where you make the first critical This is where you make the first critical decision in providing quality customer decision in providing quality customer service!! service!!

� Nepotism

Page 18: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Nepotism:Nepotism:

�� Simply put, the definition of Simply put, the definition of nepotismnepotism is is

favoring relatives. Nepotism in the workplace

occurs when employers favor relatives in

making employment decisions, with little to no

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making employment decisions, with little to no

regard for anything but kinship.

� An example is hiring or promoting relatives

solely because they are family members, with

no consideration of the qualifications or merit

of other job candidates or employees.

Page 19: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Employee Relations & TrainingEmployee Relations & Training

�� Provides training and development for the Provides training and development for the organizations employees organizations employees

�� Assist department director’s and elected officials in Assist department director’s and elected officials in

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�� Assist department director’s and elected officials in Assist department director’s and elected officials in resolving employee problems and/or complaintsresolving employee problems and/or complaints

�� Unlawful Harassment PolicyUnlawful Harassment PolicyUnlawful Harassment PolicyUnlawful Harassment PolicyUnlawful Harassment PolicyUnlawful Harassment PolicyUnlawful Harassment PolicyUnlawful Harassment Policy

�� Adverse ActionAdverse ActionAdverse ActionAdverse ActionAdverse ActionAdverse ActionAdverse ActionAdverse Action decisions in your organization decisions in your organization decisions in your organization decisions in your organization decisions in your organization decisions in your organization decisions in your organization decisions in your organization should be channeled through a central source.should be channeled through a central source.should be channeled through a central source.should be channeled through a central source.should be channeled through a central source.should be channeled through a central source.should be channeled through a central source.should be channeled through a central source.

Page 20: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Classification & CompensationClassification & Compensation

�� Maintains Job DescriptionsMaintains Job Descriptions

�� Conducts Annual Wage SurveyConducts Annual Wage Survey

�� Prepares Annual Personal Services Budget Prepares Annual Personal Services Budget

2020

�� Prepares Annual Personal Services Budget Prepares Annual Personal Services Budget

(salaries and benefits)(salaries and benefits)

�� Conducts Reclassification reviewsConducts Reclassification reviews

�� Salary AdministrationSalary Administration

�� Organizational Compensation PhilosophyOrganizational Compensation Philosophy

Page 21: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Risk ManagementRisk Management

�� General LiabilityGeneral Liability

�� SafetySafety

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�� SafetySafety

�� Worker’s CompensationWorker’s Compensation

�� Ensure that your assets are appropriately Ensure that your assets are appropriately protected (insured)protected (insured)

Page 22: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Employee BenefitsEmployee Benefits

�� Health benefits: Health benefits: The biggest challenge for employers continues to The biggest challenge for employers continues to

be finding sustainable strategies to provide competitive health be finding sustainable strategies to provide competitive health

benefits for their employeesbenefits for their employees

�� Wellness and Prevention ProgramsWellness and Prevention Programs (interventions to keep health cost (interventions to keep health cost

below the national trends)below the national trends)

Stop Loss (self Insured)Stop Loss (self Insured)

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�� Stop Loss (self Insured)Stop Loss (self Insured)

�� Life InsuranceLife Insurance

�� Dental InsuranceDental Insurance

�� Vision InsuranceVision Insurance

�� Sick LeaveSick Leave

�� PensionPension

�� DisabilityDisability

�� ShortShort--TermTerm

�� LongLong--termterm

Page 23: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Payroll / RecordsPayroll / Records

�� 24 pay periods24 pay periods

�� 26 pay periods26 pay periods

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�� Monthly pay periodsMonthly pay periods

�� Direct DepositDirect Deposit

�� Official Employee File Official Employee File (regular (regular

file/confidentialfile/confidential--medical files)medical files)

Page 24: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

CONFIDENTIALITYCONFIDENTIALITYCONFIDENTIALITYCONFIDENTIALITYCONFIDENTIALITYCONFIDENTIALITYCONFIDENTIALITYCONFIDENTIALITY

�� Adverse ActionsAdverse Actions

��SuspensionsSuspensions

��DemotionsDemotions

TerminationsTerminations

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��TerminationsTerminations

��Only Only Only Only Only Only Only Only those who have a those who have a those who have a those who have a those who have a those who have a those who have a those who have a legitimate legitimate legitimate legitimate legitimate legitimate legitimate legitimate business need to knowbusiness need to knowbusiness need to knowbusiness need to knowbusiness need to knowbusiness need to knowbusiness need to knowbusiness need to know . . . should be . . . should be . . . should be . . . should be . . . should be . . . should be . . . should be . . . should be informed.informed.informed.informed.informed.informed.informed.informed.

Page 25: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

#5 Workplace Trends#5 Workplace Trends

�� Expect the longExpect the long--predicted wave of babypredicted wave of baby--boomer boomer retirements to gain steam.retirements to gain steam.

�� Expect healthExpect health--care insurance costs to continue to care insurance costs to continue to increase.increase.

Expect to see the employment door continue to revolve. Expect to see the employment door continue to revolve.

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�� Expect to see the employment door continue to revolve. Expect to see the employment door continue to revolve. Job tenure is spinning … down to less than four years in Job tenure is spinning … down to less than four years in the private sector.the private sector.

�� This is another headacheThis is another headache--inducer with the loss of inducer with the loss of experienced boomers andexperienced boomers and the movement in and out of younger workers, it’s hard to build bench strength or keep “talent” around long enough for succession plans to take effect.

Page 26: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

Workplace TrendsWorkplace Trends

�� Expect more attention to security in the workplace.Expect more attention to security in the workplace.

�� The postThe post--9/11 world brought more locked doors, 9/11 world brought more locked doors, surveillance cameras and employee badges to the surveillance cameras and employee badges to the workplace. Look for more attention in employee workplace. Look for more attention in employee manuals and policies to Internet security.manuals and policies to Internet security.

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manuals and policies to Internet security.manuals and policies to Internet security.

�� Technological marvels:Technological marvels:

�� Face Book/TwitterFace Book/Twitter

�� Cell phonesCell phones that can take picturesthat can take pictures

�� EE--mailmail

�� InternetInternet

�� Blogging EmployeesBlogging Employees

Page 27: Human Resources and Employment Law - ACCG...Employment Law 1 YOUR NAME Human Resources Director, YOUR County. 5 Things You Need to Know About Personnel and Employment Law 1.11..1.

For more For more information information information information information information information information

on this topic . . .on this topic . . .on this topic . . .on this topic . . .on this topic . . .on this topic . . .on this topic . . .on this topic . . .

a 6a 6a 6a 6a 6a 6a 6a 6--------hour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resources

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a 6a 6a 6a 6a 6a 6a 6a 6--------hour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resourceshour course on Human Resources

will be offered on January 31, 2011will be offered on January 31, 2011will be offered on January 31, 2011will be offered on January 31, 2011will be offered on January 31, 2011will be offered on January 31, 2011will be offered on January 31, 2011will be offered on January 31, 2011

in Atlanta at the Marriott Marquis.in Atlanta at the Marriott Marquis.in Atlanta at the Marriott Marquis.in Atlanta at the Marriott Marquis.

ConsuConsuConsuConsult your ACCGlt your ACCGlt your ACCGlt your ACCGlt your ACCGlt your ACCGlt your ACCGlt your ACCG 2011 Training Schedule2011 Training Schedule2011 Training Schedule2011 Training Schedule


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