HomeMy WebLinkAboutAgreement A-25-201 Memorandum of Understanding with SEIU 2015.pdf Agreement No. 25-201
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
SEIU Local 2015
AND
Fresno County IHSS Public Authority
Upon approval by the Public Authority Board of
Governors through May 20, 2028
If any items are inadvertently inconsistent with previous TA's, then the previously TA'd
language prevails when the final document goes to print.
Table of Contents
ARTICLE PAGE
ARTICLE 1 : INTRODUCTION......................................................................................... 3
ARTICLE 2: UNION RECOGNITION ..............................................................................3
ARTICLE 3: MUTUAL RESPECT....................................................................................3
ARTICLE 4: MANAGEMENT RIGHTS............................................................................ 3
ARTICLE 5: LABOR DEDUCTIONS ...............................................
ARTICLE 6: HEALTH BENEFIT MANAGEMENT ...........................................................4
ARTICLE 7: COMMUNICATIONS...................................................................................5
ARTICLE 8.- MEETING SPACE.......................................................................................5
ARTICLE 9: OFFICIAL REPRESENTATIVES, STEWARDS ..........................................5
ARTICLE 10: PROVIDER ORIENTATIONS.................................................................... 5
ARTICLE 11: UNION MEMBERSHIP AND DUES CHECKOFF .....................................6
ARTICLE 12: GRIEVANCE PROCEDURE AND ARBITRATION.................................... 7
ARTICLE 13: WAGES.............................................................................. ...9
ARTICLE 14: HEALTH INSURANCE............................................................................ 10
ARTICLE 15: UNFORESEEN ADMINISTRATIVE DELAYS IMPACTING WAGES OR
BENEFITS:.................................................................................................................... 11
ARTICLE 16: PAID SICK LEAVE................................................................
ARTICLE 17: REGISTRY SERVICES........................................................................... 11
ARTICLE 18: REGISTRY REMOVAL AND APPEAL PROCESS ................................. 12
ARTICLE 19: LABOR-MANAGEMENT COMMITTEE................................................... 12
ARTICLE 20: SEPARABILITY OF PROVISION/SAVINGS CLAUSE............................ 13
ARTICLE 21: TERM OF MOU AND RENEGOTIATION................................................ 13
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ARTICLE 1: INTRODUCTION
This Agreement formalizes the relationship between the In-Home Supportive Services
(IHSS) Public Authority ("Public Authority") and SEW Local 2015 ("Union").
The Public Authority and the Union agree to work together in good faith to implement the
terms and conditions of this agreement.
ARTICLE 2: UNION RECOGNITION
The Public Authority recognizes the SEIU Local 2015 as the certified labor representative
of the Fresno County Public Authority IHSS Independent Providers, including waiver
personal care services only to the extent as allowed by law ("Providers").
ARTICLE 3: MUTUAL RESPECT
The Public Authority and the Union agree that all Providers, Recipients and
Administrators, and County employees involved in the IHSS program, regardless of
position, profession or rank, should be treated with courtesy, dignity and respect, and
shall so treat one another.
All parties will respect the confidentiality of personal information of Providers and
Recipients, including, but not limited to, any Recipient personal or health information.
ARTICLE 4: MANAGEMENT RIGHTS
Management of the Public Authority retains all management rights not altered by law or
express terms of this Memorandum of Understanding.
ARTICLE 5: LABOR DEDUCTIONS
1. The Union acknowledges that members of their labor organization have been
granted access to the CMIPS II Labor Organizations Interface by the California
Department of Social Services in order to process deductions for Provider Union Dues.
2. The information included in the labor organization file includes the following:
• Provider Identification Number
• Provider last name
• Provider first name
• Provider middle name
• Home Address
• City
• State
• Zip code + 4
• All existing phone numbers with area code
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• Date of Birth
• Gender
• Provider Job Status
• Hours worked
• Email (if possible)
3. The Union acknowledges that their labor organization and/or any of their agents
involved in the Union Dues deduction process are responsible for any suspected breach
resulting in missing data or an actual loss. The Union will notify the Public Authority within
twenty- four (24) hours of any suspected breach or actual loss. Full responsibility of the
use and security of the data is the responsibility of the Union.
4. The Union shall defend, indemnify, and hold harmless the County of Fresno and
the Public Authority and its respective boards, directors, officers, and employees from
any and all claims, demands, suits and any other action alleging that the Union has
misused or inappropriately disclosed Provider data obtained from the California State
Department of Social Services.
ARTICLE 6: HEALTH BENEFIT MANAGEMENT
1. The Union acknowledges that members of their labor organization have been
granted access to the CMIPS II Health Benefit Manager Interface by the County of Fresno
in order to process deductions for Provider Health Benefits.
2. The information included in the labor organization file included the following:
• Provider Identification Number
• Provider last name
• Provider first name
• Provider middle name
• Home address
• City
• State
• Zip code + 4
• All existing phone numbers with area code
• Date of Birth
• Gender
• Provider Job Status
• Hours worked
• Email (if possible)
3. The Union acknowledges that their labor organization and/or any of their agents
involved in the health care deduction process are responsible for any suspected breach
resulting in missing data or an actual loss. The Union will notify the Public Authority within
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twenty- four (24) hours of any suspected breach or actual loss. Full responsibility of the
use and security of the data is the responsibility of the Union.
4. The Union shall defend, indemnify, and hold harmless the County of Fresno and
the Public Authority and its respective boards, directors, officers, and employees from
any and all claims, demands, suits and any other action alleging that the Union has
misused or inappropriately disclosed Provider data obtained from the Public Authority.
ARTICLE 7: COMMUNICATIONS
Reasonable space for Union material will be provided on a Public Authority bulletin board,
located at 3500 Never Forget Lane, Clovis, CA 93612.
ARTICLE 8: MEETING SPACE
The Public Authority, at the Union's request, will make available conference rooms for the
purpose of holding Union meetings. The Union will provide timely notice (48 hours) of
such meetings and will comply with Public Authority regulations for use of such facilities.
ARTICLE 9: OFFICIAL REPRESENTATIVES STEWARDS
Each January the Union shall provide a current Official Representative list of Stewards to
the Public Authority. This list may include up to 50 names and shall include the name,
title, telephone number, mailing address and e-mail address of the Union's official
representatives including stewards. The Union shall, in a timely manner, notify the Public
Authority of any changes to the list. The official representatives and stewards shall not be
recognized by the Public Authority until such list or changes are provided to the Public
Authority.
ARTICLE 10: PROVIDER ORIENTATIONS
Prospective Providers will be instructed to complete an onsite group presentation at SEIU
2015 offices following completion of Prospective Providers' individual online enrollment
process through the Public Authority's online system. If the Union decides to cease in-
person orientations at SEIU 2015 offices, the Union will provide the Public Authority(sixty)
60 days advance notice of the need to conduct in-person group orientations at the Public
Authority Facilities.
The Union will provide the Public Authority with an orientation video of up to thirty (30)
minutes and/or link to the Union's website that will be included on the Public Authority's
on-line portal. Included in the Union's link, video, and/or in a document the Union provides
to the Public Authority for distribution to Prospective Providers, will be all information
necessary for Prospective Providers to schedule and attend the onsite Union group
orientation, including schedule of presentations, locations, and Union contact information
for all questions. The Union will provide the Public Authority with a copy of the attendance
list within one week after each new Provider orientation.
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The Public Authority shall provide the Union notice of completed in-person appointments
on a weekly schedule. If available, the Public Authority will include in such notice the
Provider's name, address, home telephone number, personal cellular phone number,
personal e-mail address, preferred language and orientation date.
The Public Authority shall continue to provide information concerning the Union, including
the Union Membership Authorization forms. The Union shall provide all such materials to
the Public Authority. The Public Authority will instruct Prospective Providers to call the
Union if they have questions.
The Public Authority shall collaborate with the Union on any steps necessary to effectuate
any change or rights under the Cal. Welf. and Inst. Code 12301.24.
ARTICLE 11: UNION MEMBERSHIP AND DUES CHECKOFF
1. Notice
Any Provider hired subject to this Memorandum of Understanding shall be provided an
authorization form and written notice that the Public Authority has a Memorandum of
Understanding with the Union regarding wages, benefits and other terms and conditions
of employment. The blank form and written notice shall be provided by the Union to the
Public Authority and shall be distributed to each new Provider at the IHSS orientation.
The form, signed by the Provider, shall be returned to the Union by the Provider.
2. Payroll Deductions
The parties acknowledge that neither the Public Authority nor the County of Fresno shall
be responsible for actually administering the dues withholdings, which is administered by
the California State Controller's office and the Union.
The Union shall instruct the State to commence and continue a monthly payroll deduction
of Union dues and other authorized deductions from the regular pay warrants of Providers
who have authorized such deduction. The Union shall instruct the State of the dollar
amount to deduct for Union dues or other authorized Union deductions, specifying the
purpose(s) of the deduction. The State shall continue to make such deductions as
instructed for so long as the Union provides such instruction.
a) When an individual Provider's earnings for a calendar month, after required federal
and state deductions are made, are insufficient to cover the amount of dues, no
dues payment will be withheld for that calendar month. Further, no withholding will
be made to recover that calendar month from future earnings.
b) When an individual Provider is in non-paid status for an entire calendar month, no
dues payment will be withheld for that calendar month. Further, no withholding will
be made to cover that calendar month from future earnings.
c) All required federal and state deductions shall have priority over Union dues.
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3. Indemnification
The Union shall indemnify, defend and hold the Public Authority and the County, its
officers, agents and employees harmless from and against any and all claims, demands,
fosses, defense costs, or liability of any kind or nature which may be imposed upon them
relating to the Public Authority's and/or the County's compliance with this article, including
claims relating to the Unions use of the monies collected under these provisions.
ARTICLE 12: GRIEVANCE PROCEDURE AND ARBITRATION
Section 1: Purpose
The purpose of this procedure is to provide for an orderly process for reviewing and
resolving Provider grievances at the lowest possible level.
Section 2: Definitions
Grievance:An alleged violation, or misapplication of a specific provision of this Agreement
which adversely affects the grievant, except as explicitly limited by the provisions of this
Agreement.
Grievant: A Provider in the unit who is filing a grievance as defined above.
Group Grievance_: An alleged violation, or misapplication of a specific provision of this
Agreement which adversely affects more than one Provider in a substantially similar
manner and is represented by a single person or the Union.
Section 3: General Provisions
This procedure shall be the exclusive procedure for adjusting grievances of Providers
within the bargaining unit.
No reprisal of any nature shall be taken against any Provider for utilizing the grievance
procedure.
The grievant may be represented by a representative of his/her choosing at any level of
this procedure. The Union may represent the Grievant at any step in the grievance
procedure.
If the Grievant fails to carry his/her grievances forward to the next level within the
prescribed time period, the grievance shall be considered settled based upon the decision
rendered at the most recent step utilized and any right to pursue the grievance further
shall be deemed waived and abandoned.
If the Public Authority fails to respond within the prescribed time period, the grievant may
elevate his/her grievance to the next level/step.
Unless stated otherwise, all days are calendar days.
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Any timeframe specified in this procedure may be extended or waived by mutual consent
of the Public Authority and the Grievant or his/her representative.
Section 4: Procedure
Step 1 - Discussion
Any Provider who believes that a specific provision of this Agreement has been violated,
or misapplied to his/her detriment shall, within thirty (30) days of the incident or
occurrence about which the grievant claims to have a grievance, discuss the grievance
with the Public Authority representative.
The Public Authority representative, or his/her designee shall consider the grievance and
respond to the grievant within fifteen (15) days of the discussion.
Step 2 —Written
If the Grievant is not satisfied with the response at Step 1, the Grievant may submit the
grievance in writing within fifteen (15) days to the Public Authority representative, or
his/her designee.
To be considered at Step 2 a grievance must state in writing:
1. The name(s) of the affected Provider(s).
2. The specific provision of the Agreement that is alleged to have been violated.
3. The circumstances giving rise to the grievance.
4. The proposed remedy.
5. The signature of the Provider or of the Union representative.
The Public Authority representative or his/her designee shall consider the grievance and
respond to the Grievant within fifteen (15) days of the receipt of the grievance.
Any Provider filing a grievance at Step 2 shall provide a copy to the Union. The Public
Authority shall provide the Union with materials relating to all grievances to which a
response has been made at Step 2 of the grievance procedure.
Step 3 -- Mediation (optional)
If there is no resolution at Step 2 then both parties may agree to submit the grievance to
mediation. Unless otherwise mutually agreed to the parties shall request that the State
Mediation Conciliation Service assign a mediator. The fees and expenses of the mediator,
if any, shall be shared equally by the Union and the Public Authority. The mediator shall
have no authority to impose a settlement of the grievance. The mediator's comments,
suggestions and recommendations, if any, shall be kept confidential. If mutually agreed
by the parties, the mediator may be requested to prepare a written report of the mediation
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Step 4 - Arbitration
If the Grievant is not satisfied with the response at Step 2 or 3, the Union shall have the
right to refer the matter to binding arbitration within thirty (30) days of the decision at Step
2 or3.
Within twenty (20) days of the request for arbitration, the parties shall mutually select an
arbitrator who shall render a decision within thirty (30) days from the date of final
submission of the grievance including receipt of the court reporter's transcript and post
hearing briefs if any. The fees and expenses of the arbitrator and Court Reporter shall be
shared equally by the Grievant or the Union on the Grievant's behalf and the Public
Authority. Each party, however, shall bear the costs of its own presentation, including
preparation and post hearing briefs, if any.
Section 5: Scope of Arbitration Decisions
Decisions of arbitrators on matters properly before them shall be final and binding on the
parties hereto, to the extent permitted by law.
No arbitrator shall entertain, hear, decide or make recommendations on any dispute
unless such dispute involves a position in a unit represented by the Union which has been
certified as the recognized employee organization for such unit and under such dispute
falls within the definition of a grievance as set forth above.
Proposals to add or change this Agreement or to change written agreements
supplementary hereto (side letters adopted by parties) shall not be arbitrable and no
proposal to modify, amend, or terminate this Agreement nor any matter or subject arising
out of or in connection with such proposals, may be referred to arbitration under this
Section. No arbitrator shall have the power to amend or modify this Agreement or written
agreements supplementary hereto (side letters adopted by parties) or to establish any
new terms or conditions of employment.
ARTICLE 13: WAGES
1. Base Wage: The "Base Wage"for Providers shall be the State or Federal minimum
wage, whichever is highest.
2. Wage Supplement:
Effective as soon as practicable following approval of this Agreement by the Public
Authority Governing Board, the Public Authority will supplement the Base Wage and the
existing wage supplement of sixty cents ($.60) per hour by an additional wage supplement
of one dollar and twenty-five cents ($1.25) per hour (for a total combined wage
supplement of one dollar and eighty-five cents [$1.85] per hour) in accordance with the
Welfare and Institutions Code section 12306.16(d)(6)-(7) and will submit the appropriate
request to the State to implement the new rate within five (5) working days of approval of
this Agreement by the Public Authority Governing Board and subsequently with sufficient
advance notice of each subsequent change to the Base Wage. The cost of the Wage
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Supplements to the Base Wage will be added to the County's Maintenance of Effort
(MOE) on a one-time basis as provided in the Welfare and Institutions Code section
12306.16(d)(7).
3. Wage Contingency:
Any increases to wages agreed upon in this Agreement shall be rendered null and void if
the State fails to approve the terms of the proposed wage increases, and the parties will
meet immediately to make needed modifications.
If State and/or Federal participation levels are reduced, or the State and/or Federal
participation levels change resulting in an increase to the Public Authority's and/or
County's MOE, or the State and/or Federal sharing formula is modified in any way that
would result in an increased cost to the Public Authority and/or County to maintain the
wage level and/or wage supplement described in this MOU, or the State and/or Federal
government limits, caps or reduces its participation in wages, wage supplements, and/or
health benefits, or takes any other actions that increase the Public Authority's and/or the
County's share of funding and/or costs for Provider compensation, including but not
limited to in any ways unforeseen at the time this Agreement is reached, then wages,
wage supplements, and/or health benefits will be reduced by an amount necessary to
keep the total cost to the County and/or the Public Authority the same as such cost that
existed on the day prior to the effective date of such reduction, modification, or change.
The wage adjustment will be effective on the date the reduction, modification, or change
is effective. Within sixty (60) working days of a request by either party, the Public
Authority and the Union shall initiate meet and confer on the impacts of such changes
and any wage adjustments. And if such modifications occur, in the spirit of collaboration,
the Public Authority and Union would highlight impacts on stakeholders.
If during the term of this Agreement, the State or Federal sharing formula is modified in
any manner that would result in a decreased cost to the Public Authority to maintain the
wage and/or benefit levels described in this Agreement, if requested by either the Public
Authority or Union, the parties will meet within sixty (60) days to discuss the affected
benefit and/or wages.
ARTICLE 14: HEALTH INSURANCE
The Public Authority shall provide monthly health insurance premium payments to the
Health Care Employees/Employers Medical and Dental Trust for the purchase of health
insurance and dental for Providers.
Currently, the monthly premium contribution is equivalent to the preceding three month
average of paid hours worked by Providers multiplied by eighty-five cents ($0.85).
Effective May 20, 2025, the eighty-five cents ($0.85) will be increased by fifteen cents
($0.15) for a combined total of one dollar ($1.00).
The Public Authority and the Union are committed to improving access to healthcare for
Providers. During the term of this Agreement, the Public Authority and the Union will use
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the existing LMC and add additional dates if needed to discuss potential improvements
to the current healthcare option covered by this Agreement.
ARTICLE 15: UNFORESEEN ADMINISTRATIVE DELAYS IMPACTING WAGES OR
BENEFITS:
In the event of unforeseen administrative procedures or delays impacting compensation
or benefits, the parties shall meet and confer, within seven (7) days of a delay becoming
known, to mutually agree on the manner by which the Providers will be made whole.
ARTICLE 16: PAID SICK LEAVE
The parties agree to comply with Labor Code Section 246 as applicable to Providers.
ARTICLE 17: REGISTRY SERVICES
1. It is recognized that one of the Public Authority's primary missions is assuring
registry services to facilitate the referral of Providers for Recipients to consider for hiring.
The operation of the Registry will be conducted in such a way as to respect the rights and
needs of both Recipients and Providers.
2. Registry services will include an on-call emergency list and an ability to provide,
within 48 business hours, short-term temporary replacement Providers.
3. Providers must confirm their desire to continue on the Registry no less than one
(1) time per month. Confirmation may take place through the Nexus system by e-mail or
text message or by contacting the Provider and Recipient Call Center by telephone. If
after sixty (60) calendar days the Public Authority has not been contacted by the Provider
to confirm their desire to continue on the Registry, the Provider will be sent a letter via
U.S. Mail asking the Provider if they are still interested in being a Provider. The letter will
also advise them that if they do not contact the Public Authority within thirty (30) calendar
days from the date on the letter that their status in the Registry will be changed to
"pending" and they will not be referred out to any Recipients for possible employment. If
at some future date the individual desires to once again become active on the Registry,
then they must contact the Public Authority to update their status.
If a Provider has twelve (12) consecutive months of no payroll activity, they will be
contacted by the Public Authority, via U.S. Mail on the thirteenth (13th) month to inquire
if they still want to be a Provider. If the Provider fails to respond to the Public Authority
within thirty (30) calendar days from the date on the letter, then the Provider's status in
the statewide computer system (Caseload Management Information & Payroll System —
CMIPS-11)will be changed to "Ineligible" and the Provider will be removed from the Public
Authority Registry. In this situation, the Provider would then be required to complete the
Provider Enrollment process, including completion of the LiveScan background check
process and all other requirements, before re-establishing their eligibility as a Provider.
The provisions of this section (Article 17, Section 3) are only grievable with regard to
whether the policies above have been followed.
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4. The closure of the Registry to new Providers will be announced on the Public
Authority website and will be publicly posted in the Office of the Public Authority.
ARTICLE 18: REGISTRY REMOVAL AND APPEAL PROCESS
When a Recipient makes a request to the Public Authority for the removal of a Provider
from the Registry, the following shall apply:
1. The Public Authority retains the right to determine if the Provider is to be removed
from the Registry for just cause.
2. Depending upon the complaint received, the Public Authority may place a Provider
on "pending status" while the complaint is investigated. A Provider will not remain on
"pending status" longer than 25 working days.
3. Once a determination has been made by the Public Authority that a Provider will
be removed from the Registry, the Public Authority shall notify the Provider in writing,
within ten (10) working days, that they have been removed from the Registry. The
notification will include the reason(s) why the Provider was removed, an explanation of
the appeal process, and the Provider's right to union representation.
4. If the Provider chooses to appeal the removal of their name from the Registry, such
appeal must be made in writing to the Public Authority within fifteen (15) working days
from the date indicated on the notification letter.
5. Within twenty (20) working days of receipt of the Provider's appeal, an Appeals
Board shall be convened to hear the appeal. The Appeals Board shall be made up of a
Provider selected by the union, a Recipient mutually agreed upon by the Union and the
Public Authority, and a Public Authority representative.
6. The hearing shall be conducted in an informal manner, allowing the Provider to
present information in support of his/her appeal. The Provider may have a representative
of his/her choice to assist in the appeal.
7. At the conclusion of the hearing, the Appeals Board shall issue a decision either
confirming the removal of the Provider from the Registry or reinstating the Provider to the
Registry.
8. The Registry Removal Appeal Process is exempt from MO Grievance Procedure.
Any dispute regarding the administration of this article shall be heard, and decided upon,
by the Appeals Board.
ARTICLE 19: LABOR-MANAGEMENT COMMITTEE
1. In order to encourage open communication, promote harmonious relations and
resolve matters of concern, the parties agree to create a Labor-Management Committee.
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2. The committee will be composed of up to three (3) representatives of the Public
Authority and three (3) representatives appointed by the Union. Should the Union appoint
Providers as its representatives on this Committee, attendance will be on a voluntary
basis. A reasonable number of observers and guests may be invited by either party, with
mutual consent of both parties.
3. The committee will meet at least quarterly. The issues discussed may include, but
are not limited to, payroll, training, education, health and safety and registry services. The
parties must.submit an official agenda covering items within the scope of control of the
Public Authority within ten calendar days in advance of the scheduled meeting. Items
outside the control of the Public Authority may be placed on the agenda with mutual
consent of both parties.
ARTICLE 20: SEPARABILITY OF PROVISION/SAVINGS CLAUSE
Should any section, clause or provision of this Agreement be declared illegal, unlawful or
unenforceable by final judgment of a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining portions hereof, and
such remaining portions shall remain in full force and effect for the duration of this
Agreement.
ARTICLE 21: TERM OF MOU AND RENEGOTIATION
This MOU shall be in effect upon approval by the Public Authority Board of Governors
through May 20, 2028. Negotiations over a successor MOU shall begin on or about
February 20, 2028.
For County of Fresno For SEIU Local 2015
IHSS Public Authority
and Board of Supervisors
Date: 5/20/2025 Date: 5/16/2025
By:C��._.�` By:
Ernest Buddy M ndes Marcus McRae
Chairman of the Board of Executive Vice President
Supervisors
of the County of Fresno
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By,�� Deputy
Date: 5/16/2025
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By:
Sergio Donis
Statewide Field Director
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Statewide D puty Field Director
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Coordinator
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Lead Organizer
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Ronnie Louis
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Martha Valladares
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Date:
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Statewide Deputy Field Director
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