Transcript Slide 1

Local Government: Regulations on
Appointment and Conditions of
Employment of senior managers
DANIEL J DE LANGE
CELL 0825572064
[email protected]
NOVEMBER 2014
1
multifarious)
1.having many parts of great variety
Overview of Presentation
1. Purpose of Presentation
2. Background
3. Overview of Regulations
4. Implementation plans and action
5. End
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1. Key Message
 To ensure uniform interpretation and application
of the Regulations; and
 To highlight the need to review the staff
establishments, human resource plans,
procedures ,employment contracts and HR
systems.
 To ensure that the implementation of the Act
and regulations are complied with as part of
professionalisation of LG.
Emphasise the importance of developing an
implementation plan for the regulations
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Some Key Questions ?
•
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•
•
•
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Are there unintended consequences of the regulations?
Are we ready and do we have the resources and the will to implement all the
regulations?
Do we have a plan of action in place when most of the employment contracts of
the current crop of senior managers expire in 2015/2016 and the posts of these
managers must be advertised?
What happens if all regulations are applied correctly except one regulation does
the appointment become irregular and must such appointment be disclosed in
the AFS the in the same way as SCM transactions?
Are the regulations contributing to the successful appointment of senior
managers and if yes why is the service delivery standards deteriorating?
Are we suffering from regulationnitis?(the symptoms are unable to use ones
discretion, lacking in creativity, rarely take time to think and just follow the
letter of the law)
Are the regulations having an impact and changing the behaviour of the
leadership and management?
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2. Background
 The new system of local government that came into
effect in December 2000 provides a contextual
framework for local public administration and
human resource regime - that empowers
municipalities to move towards the upliftment of
communities through the provision of basic
services to communities.
 This new system requires an efficient, effective and
transparent local public administration that
conforms to values and principles governing public
administration (s195 of Constitution)
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2. Background (Cont.)

Since the new transformation agenda was adopted, the system of
local public administration has undergone significant
transformation. These, inter alia, include:
o LG: Municipal Performance Regulations for Municipal Managers
and Managers Directly Accountable to Municipal Managers, 2006
 set uniform standards to facilitate a culture of performance
and accountability.
o LG: MFMA: Municipal Regulations on Minimum Competency
Levels, 2007
 regulate uniform financial competences to improve financial
management and viability of municipalities.
o LG: Regulations Regarding the Participation of Municipal Staff
Members in Municipal Elections, 2011
 regulate the participation of municipal staff in elections.
o LG: Disciplinary Regulations for Senior Managers, 2011
 set uniform procedures for management of discipline for
senior managers.
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2. Background (Cont.)
 Despite such evidence of progress in the transformation of
municipal institutional systems and the lack of norms and
standards, there is overwhelming consensus that some
municipalities face governance and institutional challenges in
meeting their obligations (Report on the State of Local
Government, 2009 and Report and State of Local Government
Human Resources, 2010).
 As part of the implementation of the Local Government Turn
Around Strategy, the LG: Municipal Systems Act, 2000 (Act No.
32 of 2000) – (“the MSA”) was amended on 5 July 2011 to
provide legal certainty on matters relating human resources.
o
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2. Background (Cont.)
 The MSA enjoins the Minister to make Regulations for the
setting of uniform standards for all municipal staff and duties,
remuneration, benefits and other terms and conditions of
employment of municipal managers and managers directly
accountable municipal managers.
 The Minister published Regulations on the Appointment and
Conditions of Employment of Senior Managers on 17 January
2014 (GG No. 37245) (GN No. 21).
 LG: Upper Limit Of Remuneration Packages Payable to
Municipal Managers and Mangers Directly Accountable to
MM’S No 225(GG 37500 29 January 2014
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3.Overview of Regulations (Cont.)
CHAPTER 1: INTERPRETATION AND APPLICATION
Regulation 1 - 2
Definitions and
scope of
application
 In these Regulations, a word or expression to which
a meaning has been assigned in the Act has the
same meaning as in the Act, unless the context
indicates otherwise.
 These regulations apply to all municipalities,
municipal entities, and senior managers.
 These regulations must be read in conjunction with –
o any the regulations or guidelines issued in terms
of section 120 of the Act; and
o LG:
Municipal
Regulations
on
Minimum
Competence Levels, 2007.
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3.Overview of Regulations (Cont.)
CHAPTER 2: STAFF ESTABLISHMENT
Regulation 3
Human resource
planning

A municipal council must –
o assess the human resources necessary to
perform its functions, with particular reference
to –
 the number of senior managers required;
and
 the competencies which a senior manager
must have.
o
assess existing human resources by race,
gender and disability, and department with
reference to their –
 competences;
 training needs; and
 employment capacities, and
o
plan within its available budgeted funds for the
recruitment, retention and development of
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human resources according to its specific
3.Overview of Regulations (Cont.)
CHAPTER 3: STAFF ESTABLISHMENT
Regulation 4
Staff
establishment
 A municipality must review their staff establishment
before 17 January 2015, after having considered the
principles set out in the Regulations.
 In order to curb the bloating of municipal
administrations, a municipality must also provide for
at least the following departments on its staff
establishment:
o
o
o
o
o
Development and Town Planning Services;
Public Works and Basic Services (Technical
Services);
Community Services;
Financial Services (Chief Financial Officer); and
Corporate Support Services.
 A municipality must review its staff establishment
within 12 months if there is a new council elected for
the municipality; when the council adopts its
integrated development plan; or when there are
changes to the outer boundaries of the municipality,
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or to its functions.
3.Overview of Regulations (Cont.)
CHAPTER 3: STAFF ESTABLISHMENT
Regulation 4
(cont.)
 The staff establishment must provide for the
appointment on a permanent or a fixed-term basis.
 In the case of fixed term posts, the municipal manager
must have due regard to –
Staff
establishment
o the financial implications of such a post to the
municipality;
o any existing contractual obligations of the incumbent
manager and the financial implications thereof on the
budget of the municipality;
o the need of the municipality to retain institutional
memory and scarce skills, and to promote stability and
continuity within the municipality; and
o the sustainability of the municipality.

After finalisation of the review of the staff
establishment, the municipal manager must, within 14
days, submit the staff establishment (together with a
detailed report) to the municipal council for approval at
its next meeting. .
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3.Overview of Regulations (Cont.)
CHAPTER 2: STAFF ESTABLISHMENT
Regulation 4
(cont.)
Staff
establishment
 The report contemplated above must outline the process
followed in developing the staff establishment, including –
o a summary of the mandate and service delivery
priorities of the municipality and how the proposed
staff establishment addresses these;
o a summary of the proposed posts that are envisaged
to –
» materially change;
» change to a limited or non-material degree;
» be abolished; and
» not be affected by the changes;
o a motivation of the proposed changes, including an
analysis of the strengths, weaknesses and limitations
of the current staff establishment;
o job descriptions, duties, functions, competency
requirements and responsibilities according to which
one or more posts of the same grade are established,
including the grading or relative size and value of a
job;
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3.Overview of Regulations (Cont.)
CHAPTER 2: STAFF ESTABLISHMENT
Regulation 4
o
(cont.)
Staff
establishment
o
o
o
details of the financial implications of the changes
including, but not limited to, the outcomes of job
evaluation processes, remuneration costs for senior
managers, costs for relocation, new facilities and
equipment, if any;
non-financial implications of the changes, including
the impact on existing staff, key stakeholders and
other processes within the municipality;
a project plan that specifies the timeframes within
which it is envisaged that implementation is to take
place; and
the
stakeholders
and
change
management
requirements.
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3.Overview of Regulations (Cont.)
CHAPTER 2: STAFF ESTABLISHMENT
Regulation 5
Creation and
filling of senior
manager posts
 A municipal council must–
o confirm that the municipality requires the post to
meet its strategic objectives;
o ensure that a job description has been developed
for the post;
o attach to that post the remuneration and other
conditions of employment; and
o ensure that sufficient budgeted funds, including
funds for the remaining period of the medium-term
expenditure framework, are available for filling the
post.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 6
Principles of
recruitment
 Recruitment, selection and appointment of senior
managers must take place in accordance with the
municipal systems and procedures contemplated in
section 67 of the Act that are consistent with sections
54A, 56 and 57A of the Act.
 A senior manager post must be filled through public
advertising.
 Selection must be competence-based.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 7

When the post of a senior manager becomes
vacant, or is due to become vacant, the MM or
mayor must upon receipt of official notification,
obtain approval from the municipal council for the
filling of such post.

A vacant senior manager post may not be filled
unless –
o approval to fill the post has been granted by the
municipal council; and
o the post has been budgeted for.

The speaker may convene a special meeting to
obtain municipal council approval for the filling of a
senior manager post.
Determination of
recruitment
needs
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 8

General
requirements for
appointment of
senior managers
No person may be appointed as a senior
manager on a fixed term contract, permanent
basis or on probation, to any post on the
approved establishment of a municipality
unless he or she –
o
o

is a South African citizen or permanent
resident; and
possesses the relevant qualifications,
experience, competencies and skills.
An appointment may not take effect before the
first day of the month following the month
during which the municipal council approved
the appointment.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 10
Advertising a
vacant posts
 The municipal manager must within fourteen (14) days
of receipt of approval from the municipal council ensure
that the post is advertised.
 A vacant senior manager post must be advertised in the
media circulating nationally and in each of the
provinces.
 A municipality may utilise a recruitment agency to
identify candidates for posts: Provided that the
advertising, recruitment and selection procedures
comply with these regulations.
 Monthly reports on the progress made with regards to
the filling of the vacancy must also be submitted to the
mayor / municipal council.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 11


Application for
vacant posts



Applications for vacant posts must be submitted on an
official application form.
On-line application forms that may have been developed by
a municipality (provided that the on-line application form
substantially corresponds to the prescribed application
form).
An applicant for a senior manager post must disclose –
o academic qualifications, proven experience and
competencies;
o contactable references;
o any offence for which he or she has been convicted;
o any disciplinary actions, whether pending or finalised,
instituted against him or her in his or her current or
previous employment; and
o registration with any professional body.
Any misrepresentation or failure to disclose information is
a breach of conduct and will lead to the disqualification of
candidate.
The municipality must compile and maintain a record of all
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applications received.
3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 12
Selection panel

A municipal council must appoint a selection panel
to make recommendations for the appointment of
candidates to vacant senior manager posts.

The selection panel for the appointment of a
municipal manager must, at least, consist of –
o the mayor - who will be the chairperson, or his
or her delegate;
o a councillor designated by the municipal
council; and
o at least one other person, who is not a
councillor or a staff member of the municipality,
and who has expertise or experience in the area
of the advertised post.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 12

(cont.)
The selection panel for the appointment of a senior
manager must, at least, consist of –
o
o
Selection panel
o
the municipal manager - who will be the chairperson;
a member of the mayoral committee or councillor
who is the portfolio head of the relevant portfolio;
and
at least one other person, who is not a councillor or
a staff member of the municipality, and who has
expertise or experience in the area of the advertised
post.

A panel member must disclose any interest or
relationship with shortlisted candidates during the
shortlisting process, and must recuse himself or herself
from the selection panel if there is any conflict of
interest.

A panel member and staff member must sign a
declaration of confidentiality as set out in Annexure D to
the Regulations.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 13

A mayor/municipal manager must compile, in
consultation with the selection panel –
o
a list of all applicants who applied for an advertised
post; and
o
a shortlist consisting of all applications received
for a specific post, evaluated against the relevant
competency requirements.

The shortlisting must be finalised within thirty (30)
days of the closing date of the advertisement.
A record of all the applicants must be kept by the
municipality.
Both the long and short lists must be submitted to the
selection panel members before the interviews.
Compiling
shortlist of
applicants


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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 14
Screening of
applicants
 Screening of the shortlisted applicants must
take place within twenty-one (21) days of
finalisation of shortlisting by –
o
o
o
o
conducting reference checks;
contacting the candidate's current or
previous employer if unemployed;
determining the validity of a candidates’
qualifications; and
verifying whether the candidate has been
dismissed previously for misconduct or
poor performance by another employer.
 A report on the screening process must be
compiled and tabled before the selection panel.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 15
Interviews
 Interviews must be conducted within 21 days of the





screening process.
The selection panel for a specific post must remain the
same throughout the screening and interviewing process
A records must be kept of every panel member’s
individual assessment of the interviewed candidates.
The determination of candidates to be recommended for
appointment must be considered by way of consensus
between the members of the selection panel.
If consensus cannot be reached, a dissenting member
may record his or her concerns in the minutes whereafter
the issue may be voted upon, with each member of the
selection panel entitled to one vote.
The selection panel must make a determination of a
second and third choice to mitigate against delays in the
event that the first choice candidate declines the offer of
employment.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 16
Selection

The persons recommended for appointment to
the post of a senior manager must undergo a
competency assessment.

The competency assessment instrument must –
o
be scientifically proven to be valid and reliable;
o
be capable of being applied fairly; and
o
not be biased against any person or group of
persons.
A municipality must provide funding for purposes
of competency assessment and testing.
The selection panel must submit a report and
recommendation on the selection process to the
municipal council. Municipalities may apply to the
Local Government Sector Education and Training
Authority (LGSETA) to make use of the
discretionary grants to fund the competency
assessment / testing.


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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 17

Resolution of
municipal
council on the
appointment of
senior managers
Before making a decision on an appointment, a
municipal council must satisfy itself that –
o
the candidate meets the relevant competency
requirements for the post;
o
Screening of the candidate has been conducted;
and
o
the candidate does not appear on the record of
staff members dismissed for misconduct.
 The municipal council must take a decision
on the appointment of a suitable candidate.

The municipal council must –
•
inform all interviewed candidates of the outcome
of the decision referred to in subregulation (3);
and
•
within 14 days of the decision, report to the MEC
for local government of the appointment process
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and outcome.
3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 17
 The report must contain –
(cont.)
o
Resolution of
municipal
council on the
appointment of
senior managers
o
o
o
o
o
o
o
details of the advertisement, including date of issue
and the name of newspapers in which the advert
was published, and proof of the advertisement or a
copy thereof;
a list of all applicants;
a report contemplated in regulation 14(2) on the
screening process and the outcome thereof;
the municipal council’s resolution approving the
selection panel and the shortlisted candidates;
competency assessment results;
the minutes of the shortlisting meeting;
the minutes of interviews, including scoring;
the recommendations of the selection panel
submitted to the municipal council;
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 17
o
(cont.)
o
Resolution of
municipal
council on the
appointment of
senior managers
o
o
o
o
o
the details of executive committee members and
recommendations, if the selection panel comprised
of all members of the executive committee;
the recommendation of the executive committee or
executive mayor to the municipal council, if any;
the municipal council resolution approving the
appointment of the successful candidate;
the application form, curriculum vitae, proof of
qualifications and other supporting documentation
of the successful candidate;
a written confirmation by the successful candidate
that he or she does not hold political office as
contemplated in section 56A of the Act, as at the
date of appointment;
the letter of appointment, outlining the term of
contract,
remuneration
and
conditions
of
employment of the senior manager; and
any other information relevant to the appointment.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 18
Re-employment
of dismissed
persons





A person who has been dismissed for misconduct
may not be employed as a senior manager in any
municipality before a certain period has expired:
Provided that this does not apply to a senior
manager whose dismissal is pending appeal.
If a senior manager is dismissed for more than one
category of misconduct the periods of rehabilitation
will run concurrently.
A person dismissed for misconduct is prohibited
from re-employment in any municipality is
calculated from the date of dismissal or conviction.
A municipality must maintain a record of staff
members dismissed for misconduct and those who
resigned prior to the finalisation of any disciplinary
proceedings.
A report must be submitted within 14 days of such
dismissal or resignation to the MEC and the
Minister.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 19
Readvertisement of
posts

If no suitable candidate has been identified, the
municipal council –
o must inform all shortlisted candidates that
their applications have been unsuccessful;
and
o may re-advertise the post.
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
Regulation 20
Secondment

A municipal council may request the MEC for local
government to second a suitable person with the relevant
skills, competencies, expertise and qualifications to act as
municipal manager .
 Secondment must be done by agreement, and the agreement
must stipulate the duration, party responsible for costs, the
job description.
 A person seconded must be paid an allowance and be
compensated while on secondment for subsistence and
travel.
 A person seconded must ―
o prioritise the filling of the vacant post to which he or she is
seconded;
o report in writing at least once a month to the relevant MEC for
local government and the Minister with regard to the filling of
the post and the development and implementation of any
municipal institutional recovery plan for which the seconded
official is responsible;
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3.Overview of Regulations (Cont.)
CHAPTER 3: RECRUITMENT, SELECTION AND APPOINTMENT
o
Regulation 20
(cont.)
Secondment
o
o
o
o
o
o
o
ensure that the municipal council meets regularly and in
line with section 18(2) of the Structures Act or as often as
is necessary to conduct council business;
monitor and assess the adherence to policy, principles
and frameworks applicable to council and the
administration;
address challenges in respect of adherence to such
policy, principles and frameworks by reviewing, amending
and ensuring adoption and implementation thereof;
devise a turnaround strategy for the municipality
including a strategy to promote good governance;
ensure implementation of council resolutions by the
administration;
implement a system to control and approve all
expenditure;
implement all governance systems and procedures
including appropriate councillor oversight mechanisms;
and
ensure implementation of financial systems, policies and
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procedures.
DAYS
INTERVIEW PROCESS FOR
SENIOR MANAGERS
VACANCY
Approval from Council to fill the post. Special Meeting can be arranged.
Appointment of Selection Panel
ADVERTISEMENT
Within 14 days of Council Resolution. National Newspaper.
APPLICATION
Must disclose details of qualifications, experience, offences, disciplinary
action, etc.
30
SHORTLISTING
Must be finalized within (30) days of closing date of advertisement. Both long
list and short list must be submitted to Selection Panel
21
REFERENCE
CHECK
Must take place within 21 days of finalization of shortlisting references, current
and previous employers, validity of qualifications, misconduct & poor
performance. Report to be submitted to Selection Panel (Google)
21
INTERVIEW
Conducted within 31 days of screening. Same Selection Panel, minutes,
record kept of panel members, consensus, record concerns, determine 2nd
and 3rd choice
21 est.
APPOINTMENT
Persons recommended for appointment must undergo competency
assessment. Appoint external service provider to perform competency
assessment. Selection Panel submit a report to Council with
recommendations.
14
121
REPORT TO
MEC
Inform MEC within 14 days of Council Resolution. Details and content of report
34
prescribed.
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3.Overview of Regulations (Cont.)
CHAPTER 4: CONDITIONS OF EMPLOYMENT
Regulation 21-23
Ordinary hours
of work,
overtime and
annual leave
 A senior manager must work at least 40 ordinary hours
per week from Monday to Friday.
 A senior manager may be required to work overtime
without additional remuneration.
 A senior manager must apply for leave on an official
leave form attached on the regulations.
 Annual leave cycle” is calculated from 1 January to 31
December.
 A senior manager is entitled to two working days leave on
full remuneration for every month worked.
 A senior manager who commences employment after 1
January must be entitled to paid annual leave on a pro
rata basis.
 A municipality must establish a system to record
accurately the leave taken by senior managers.
35
3.Overview of Regulations (Cont.)
CHAPTER 4: CONDITIONS OF EMPLOYMENT
Regulation 24-32
Sick, maternity,
family
responsibility,
study and
special leave
 A senior manager qualifies for 36 days' sick leave in
a three year cycle calculated from 1 January.
 Sick leave may not be carried over from one sick
leave cycle to the next sick leave cycle.
 A senior manager is entitled to full remuneration for
four months while on maternity leave.
 A senior manager is entitled to five working days
family responsibility leave per annual cycle.
 A senior manager may apply for study leave and
special leave in accordance with the policies of a
municipality.
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3.Overview of Regulations (Cont.)
CHAPTER 4: CONDITIONS OF EMPLOYMENT
Regulation 36
Disclosure of
benefits and
interests
 A senior manager who enters into an employment
contract in terms of these regulations must—
o within 60 days after his or her appointment; and
o annually thereafter, from the commencement of the
new financial year of a municipality, declare his or her
benefits and interests.
 The benefits and interests may include any shares,
directorships or property, which may potentially be in
conflict with the senior manager’s official duties.
 A senior manager must disclose all his or her registerable
interests on the prescribed form.
 Failure to disclose benefits and interests is a breach of
contract and must be dealt with in terms of the Code of
Conduct for Municipal Staff as provided for in Schedule 2
to the Act, read in conjunction with the Disciplinary
Regulations.
37
3.Overview of Regulations (Cont.)
CHAPTER 5: BENEFITS
Regulation 37 40

Retirement,
medical
schemes, motor
vehicle and
mobile phone




A senior manager must participate in a retirement or
pension fund registered in terms of the Pension Fund
Act, including retirement funds accredited by the
bargaining council designated for municipalities.
A senior manager may (optional) participate in a medical
aid registered in terms of the Medical Aid Scheme Act,
including medical aid schemes accredited by the
bargaining council designated for municipalities.
A senior must have a motor vehicle for the proper
performance of his or her functions – own funding from
total cost to company.
A senior manager is entitled to compensation for use of
mobile telephone for official purposes according to
policy of municipality.
Edgar
Allen
Poe
"I became insane with long intervals of horrible sanity."
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3.Overview of Regulations (Cont.)
CHAPTER 6: TERMINATION OF SERVICE
Regulation 41-44
Retirement,
notice of
termination,
dismissal for
misconduct,
nomination of
beneficiaries





A senior manager has the right to retire, and must retire,
on the first calendar day of the month following the day
on which he or she turns 65 years of age.
The municipality may, on the basis of medical evidence,
consider the dismissal of a senior manager on account
of ill-health.
A dismissal on account of ill-health or injury must be
done with due regard to item 10 of Schedule 8 of the
Labour Relations Act.
A senior manager may for purposes of implementation
of these regulations, designate one or more
beneficiaries to whom accruing benefits to him or her
may be paid in the event of senior manager’s death.
The benefits of a senior manager who died before
nominating beneficiaries must be dealt with in terms of
the Administration of Estate Act, 1995.
39
3.Overview of Regulations (Cont.)
CHAPTER 7: GENERAL
Regulation 46

Municipal Performance
regulations
6,7,9,11,12,13,15,26(8),35,36,37and 38.
repealed
Repeal
40
3.Overview of Regulations (Cont.)
CHAPTER 7: GENERAL
Regulation 45
Transitional
arrangements

An employment contract for a senior manager, entered
into before the Regulations came into effect, remain in
force until the contract lapses or is terminated. When
such an employment contract lapses or is terminated,
the vacant post must be advertised in accordance with
the provisions contained in the Regulations
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IMMEDIATE NEXT STEPS
4. End
THANK YOU!
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