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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Score: +3
(7/14/4)
Orange County Grand Jury
• 2015-2016
Orange County General Funds
1 pages
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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
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Agency Responses 6
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
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Orange County Sheriff – Coroner 07/01/16
July 01, 2016
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10 pages
• 10 responses
•
Score: +3
(+3, 6, 0)
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10 responses to findings and recommendations
F1
The County, in part, is responsible for the unfunded pension liabilities to increase from a surplus of $130,000 in 2000 to $4.5 billion as of December 2012. This represents an increase of more than 4,500% since year 2000.
Response: Disagree Partially
Score: 0
Mod L is intended for the most acute mentally ill inmates. The remainder of the mentally ill inmate population also has access to,
and interaction with, medical, psychiatric, nursing and case management services; however, housing mentally ill inmates in a centralized location would be more advantageous. In addition, mental health care is part of a Memorandum of Understanding (MOU) between the Orange County Sheriff's Department and the Health Care Agency so the Health Care Agency's response is required. Please refer to their response.
F.3.
The Intake and Release Center has no system for ensu...
R1
The County should encourage the OCERS Board of Retirement to maintain financially sound assumptions and to oppose any relaxation of current assumptions. (F1)(F3)
Response: Will Implement
Score: +1
The recommendation has not yet been implemented, but will be implemented in the future. To be completed by 12/31/16.
R.4.
The Sheriff's Department and the Health Care Agency/Correctional Health Services should implement a protocol to ensure an inmate in a safety cell has access to water for washing hands after using the tollet and before and after meals by September 30, 2016. F3, F21 The recommendation requires further analysis. Response:
The Sheriff's Department, in consultation with the Health Care Agency, will be evaluating this recommendation from a jail safety/security perspective.
R....
F2
The County should have developed a plan to curb the growth in unfunded pension liability independent of OCERS.
Response: Unknown
Score: 0
reasonable. While additional Thinking for a Change programs have recently been added, it is unreasonable to expect ALL areas of the jail to offer therapeutic program curricula due to various issues, including inmate behavioral and classification (safety/security) issues, as well as daily jail turnover.
R.13.
The Sheriff's Department and the Health Care Agency/Correctional Health Services should integrate quality assurance data into their regular standing meetings, or establish a new standing committee by December 31, 2016, where the data includes:
use of safety cells
the effectiveness of t...
F3
The County and OCERS have taken recent actions to control and slightly reduce the unfunded liabilities by 11% from $4.5 billion in 2012 to $3.8 billion in 2015, but the County could be more aggressive.
Response: Disagree Partially
Score: 0
The Intake and Release Center, like all of the jails in our system, fall under Title 15 and 24 of the California Code of Regulations as mandated by from the State of California Board of State Community Corrections. These regulations are inspected by the BSCC as well as numerous other entities that have found our entire jail system, including the Intake and Release Center, meets the mandated standards without issue. Every inmate in our custody is treated humanely.
F.7.
Neither Correctional Health Services nor Sheriff's Department staff collects or analyzes data related to safety cell usage ot...
R3
The County should develop a policy to continue issuing short term Pension Obligation Bonds, so long as the discount from OCERS is available and there is enough net savings (which should be defined) after paying for cost of issuance and underwriter’s discount. (F4)
Response: Will Implement
Score: +1
The Intake and Release Center has no system for ensuring humane treatment of an inmate in a safety cell. Examples include: the inmates are cold, they sleep next to a grate that is used as a toilet, and no water is available for the inmate to wash hands after the use of the toilet and prior to eating meals. Disagree wholly with finding. Response: The Intake and Release Center, like all of the jails in our system, fall under Title 15 and 24 of the California Code of Regulations as mandated by from the State of California Board of State Community Corrections. These regulations are inspected by th...
R4
The County should direct its lobbyists or work through the California State Association to find support in the legislature for a bill with additional pension reforms, beginning with the next legislative session that would further reduce the impact of unfunded pension liabilities. (F6)
Response: Requires Analysis
Score: 0
The Sheriff's Department, in consultation with the Health Care Agency, will be evaluating this recommendation from a jail safety/security perspective.
R.5.
The Sheriff's Department should develop a plan to eliminate the environmental issue of inmates being excessively cold in safety cells by December 31, 2016. F.3, F21 Response: The recommendation requires further analysis. The Sheriff's Department, in consultation with the Health Care Agency, will be evaluating the environmental issues, if any exist, in safety cells prior to December 31, 2016.
R.8.
The Sheriff's Department and the Health ...
R5
The County should conduct a thorough analysis including the financial impact of implementing a Defined Contribution Retirement Plan or a hybrid plan, replacing the current Defined Benefit Plan, before January 2017. (F1) (F7) 2015-2016 Orange County Grand Jury Orange County’s $4.5 Billion Unfunded Pension Liability & Retirement Plans
Response: Requires Analysis
Score: 0
The recommendation requires further analysis. The Sheriff's Department, in consultation with the Health Care Agency, will be evaluating the environmental issues, if any exist, in safety cells prior to December 31, 2016.
R.8.
The Sheriff's Department and the Health Care Agency/Correctional Health Services should collaborate on a process by December 31, 2016 to collect and analyze the following safety cell data:
the average length of stay
the number of times an inmate is moved to the safety cell
more than once
the day and times safety cells are most utilized
any injury sustained on the wa...
F7
The State and local governments have the ability to implement Defined Contribution Plans, or hybrid plans, instead of the traditional Defined Benefit Plan. Much of the private sector has transitioned to the Defined Contribution Plans such as 401K plans and more than 30 jurisdictions in California use Defined Contribution Retirement Plans, including Orange County.
Response: Disagree Partially
Score: 0
The Orange County Sheriff's Department has a contract with the Health Care Agency to provide mental health treatment. Mental health treatment protocols, including the decision to utilize a safety cell are clinical decisions based on a psychiatric diagnosis. The Sheriff's Department is not privy to that medical information and therefore believes the requested data, if appropriate, should be collected by the Health Care Agency and analyzed by them as they
are best equipped to make an informed decision. Further response is required by the Health Care Agency. Please refer to their response.
F.8....
R7
The Board of Supervisors should, by the end of calendar year 2016, publicly revisit and determine if the Executive Compensation package 401(a) supplemental retirement plan for 44 County elected officials and top executives is still justifiable. (F8)
Response: Will Implement
Score: +1
Neither Correctional Health Services nor Sheriff's Department staff collects or analyzes data related to safety cell usage other than how often it is used, and therefore, neither has any quality improvement or risk management activities to assist in reducing safety cell use. Disagrees partially with the finding. Response: The Orange County Sheriff's Department has a contract with the Health Care Agency to provide mental health treatment. Mental health treatment protocols, including the decision to utilize a safety cell are clinical decisions based on a psychiatric diagnosis. The Sheriff's Depa...
F8
County employees are not treated equally as relates to retirement benefits. Orange County utilizes and contributes to several Defined Contribution Plans as supplemental retirement 2015-2016 Orange County Grand Jury Orange County’s $4.5 Billion Unfunded Pension Liability & Retirement Plans plans to OCERS and one of the plans is restricted to “select” employees and all elected County officials. Additionally, the County has eight non-County employees in the exclusive 401(a) plan.
Response: Disagree Partially
Score: 0
Disagrees partially with the finding. We concur that OCSD does not have a Restoration to Competency treatment program. The wait times referenced are not within our control and are the sole responsibility of the Department of State Hospitals who is legally mandated to provide this service. That said, the Health Care Agency and OCSD are working with the Department of State Hospitals to divert some inmates to an alternative program that may alleviate some of these delays.
F.13.
Correctional Health Services does not provide therapeutic treatment services to inmates with a chronic mental health d...
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Orange County Sheriff – Coroner 07/11/16
July 11, 2016
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7 pages
• 5 responses
•
Score: +1
(+3, 0, -2)
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5 responses to findings and recommendations
F1
Mental health training for law enforcement officers in Orange County exceeds the State's requirements, resulting in law enforcement applying these skills to better evaluate and handle mental health calls for service. Response: Agrees with finding. The Sheriff's Department requires all deputies to complete advanced officer training in the area of mental health, homelessness and health care, known as Crisis Intervention Training. Deputies who are assigned to the Behavioral Health Bureau are requir...
Response: Disagree
Score: -1
The Pedestrian screening areas located at the entrances to the Central Justice Center are heavily used and become congested during high traffic times. Pedestrian crowding prevents the Sheriff's Special Officers from having an adequate view of persons entering the facility. <b>Response:</b> Disagrees with finding. The Orange County Sheriff's Department adequately deploys Sheriff Special Officers at the entrances of the screening areas to visually inspect all visitors and court employees as they enter the screening areas. Additionally, a Sheriff Special Officer is stationed at the exterior of th...
F2
Law enforcement agencies in Orange County have developed unique ways to deal with mental health calls in their communities based on their particular needs and budgets, enabling law enforcement to better serve their communities. Response: Agrees with finding. The Orange County Sheriff's Department has created a Behavioral Health Bureau in both Custody and Patrol Operations. In both a custody setting and the community, these bureaus have enhanced the department's ability to respond to those in men...
Response: Agree
Score: +1
Agrees with finding. The Orange County Sheriff's Department and Court Facilities Manager have been and are currently working to identify ballistic barriers to adequately accommodate the individual floor plan design and provide additional protection for our staff at each of Justice Center's screening areas.
F.3
There is no system for regulating or channeling the public in order to prevent crowding at the scanning stations. Sheriff's Special Officers must use verbal commands in order to maintain public order and organization. Response: Disagree with finding. The screening areas in each Justice...
F3
Law enforcement collaboration with County PERT clinicians and Be Well mobile response units has been an effective tool when responding to mental health calls for service. Response: Agrees with finding. The Orange County Sheriff's Department works regularly with PERT Clinicians and the OC HCA's Outreach and Engagement Team. This partnership has been critical to successfully addressing mental health calls for service.
Response: Disagree
Score: -1
Disagree with finding. The screening areas in each Justice Center are strategically designed to promote security and to properly screen persons entering the secure area of the Justice Center. It is correct that at peak times the screening areas become crowded and staff properly use verbal commands to control both ingress and egress into the Justice Center. The Central Justice Center uses passive barriers to direct the flow of persons walking through the screening areas.
F.4
None of the County jail or court facilities visited uses full body scanners to prevent the public from bringing non-met...
F4
People with mental illness respond more positively to "soft uniformed" police personnel, which can be effective in de-escalating situations. Response: Partially agrees with finding More important than the uniform is the type of personnel who responds to a mental health crisis. The Sheriff's Department operates under the premise that the first person from the government that someone in a mental health crisis encounters should not have a badge and a gun. This is the reason the department participa...
Response: Agree
Score: +1
None of the County jail or court facilities visited uses full body scanners to prevent the public from bringing non-metallic weapons, tools or other contraband into the facility. <b>Response:</b> Agrees with finding.
F.5
The current security/surveillance camera system on the exterior of the Harbor Court Justice Center is not adequate and until completion of upgrades, does not provide for sufficient monitoring. <b>Response:</b> Agrees with finding. The Harbor Justice Center security/surveillance system upgrade was installed in the month of May 2016 to the exterior of the facility and now prov...
F5
Providing follow-up case management is not only necessary but critical for the wellbeing of people experiencing mental health issues. Response: Agrees with finding Case management follow-up is an important part of the work being done by the Sheriff's Behavioral Health Bureau and OC HCA outreach workers. ORANGE COUNTYSHERIFF'S DEPARTMENT Mental Health Advocacy CHERI nealtCARE AGENC In 2021, the Orange County Sheriff's Department established a Behavioral established to support current inmates Heal...
Response: Agree
Score: +1
The current security/surveillance camera system on the exterior of the Harbor Court Justice Center is not adequate and until completion of upgrades, does not provide for sufficient monitoring. <b>Response:</b> Agrees with finding. The Harbor Justice Center security/surveillance system upgrade was installed in the month of May 2016 to the exterior of the facility and now provides adequate and sufficient monitoring.
F.6
The roll-up doors located at the Harbor Justice Center do not prevent some observation of inmates arriving and departing the court by the Sheriff's transportation vehicles. <b>...
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Orange County Sheriff-Coroner 07/12/16
July 12, 2016
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4 pages
• 8 responses
•
Score: +1
(+1, 7, 0)
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8 responses to findings and recommendations
F1
The County, in part, is responsible for the unfunded pension liabilities to increase from a surplus of $130,000 in 2000 to $4.5 billion as of December 2012. This represents an increase of more than 4,500% since year 2000.
Response: Disagree Partially
Score: 0
By changing the employment relationship for the revised OIR's Executive Director and professional staff from independent contractor to County employee, the Board of Supervisors appears to have made the 2015 version of the Office of Independent Review less independent of the Board and more vulnerable to the Board exerting politically motivated influence on the five covered agencies and/or their leadership through the OIR. <b>Response:</b> Disagrees with finding. Whether a county employee or contract employee, the OIR Executive Director and professional staff will ultimately have reporting respo...
F4
Issuing short term Pension Obligation Bonds (7 of past 10 years) to achieve taxpayer’s savings of over $100 million during the past decade was a good decision by the County.
Response: Disagree Partially
Score: 0
Agrees with finding. Based on the Grand Jury's staffing assumptions it is conceivable that the expanded OIR could cost approximately $3 million dollars. It is important to note that the Sheriff's Department does not have a role in determining the budget or staffing for the OIR.
F.5
It will be a challenge to find and retain a permanent staff with the qualifications and sufficient subject matter expertise to identify best practices and to review the broad range of services provided by the five agencies identified in the 2015 ordinance. <b>Response:</b> Partially agrees with finding. The Sherif...
F5
OCERS Board of Retirement made a solid financial decision to reduce the amortization period of the UAAL from 30 years down to its current period of 20 years, resulting in increased annual payments from the County.
Response: Disagree Partially
Score: 0
It will be a challenge to find and retain a permanent staff with the qualifications and sufficient subject matter expertise to identify best practices and to review the broad range of services provided by the five agencies identified in the 2015 ordinance. <b>Response:</b> Partially agrees with finding. The Sheriff's Department does not have experience with OIR staffing recruitment as the Department was not involved with the recruitment of the former OIR executive director. The Sheriff's Department is not aware of hiring/recruiting challenges, but does agree that position requires a very speci...
F6
Passage of the state Public Employees’ Pension Reform Act of 2013 should improve the financial stability of the County’s retirement system.
Response: Agree
Score: +1
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. <b>Response:</b> The recommendation requires further analysis. The Board of Supervisors has sole authority to direct the OIR, therefore the Sheriff's Department cannot opine as to whether or not this recommendation will be implemented. However, the Sheriff's Department does agree that a narrow initial scope would be t...
R6
The County should review the current practice of using taxpayer money to benefit eight non-County employees through the 401(a) retirement plan (Executive Director LAFCO; Executive Manager- Children & Family Commission and six OCERS executives). (F8)
Response: Requires Analysis
Score: 0
The Board of Supervisors should direct the OIR Executive Director to work with each of the five agencies to negotiate specific, and possibly narrow, initial scopes for OIR involvement with each agency, all to be completed within three months of the Executive Director being hired. <b>Response:</b> The recommendation requires further analysis. The Board of Supervisors has sole authority to direct the OIR, therefore the Sheriff's Department cannot opine as to whether or not this recommendation will be implemented. However, the Sheriff's Department does agree that a narrow initial scope would be t...
R7
The Board of Supervisors should, by the end of calendar year 2016, publicly revisit and determine if the Executive Compensation package 401(a) supplemental retirement plan for 44 County elected officials and top executives is still justifiable. (F8)
Response: Requires Analysis
Score: 0
For three years starting with the hiring of the new OIR Executive Director, the OCSD should provide the revised OIR with open access to the Sheriff's internal processes for defining, and insuring adherence to, its policies and procedures on the legal use of jailhouse informants, so that the OIR could help recommend reforms consistent with evolving best practices. This requires a continuation of the existing attorney-client relationship between the OIR and the OCSD. <b>Response:</b> The recommendation requires further analysis. It is premature to implement this recommendation without a clear un...
F8
County employees are not treated equally as relates to retirement benefits. Orange County utilizes and contributes to several Defined Contribution Plans as supplemental retirement 2015-2016 Orange County Grand Jury Orange County’s $4.5 Billion Unfunded Pension Liability & Retirement Plans plans to OCERS and one of the plans is restricted to “select” employees and all elected County officials. Additionally, the County has eight non-County employees in the exclusive 401(a) plan.
Response: Disagree Partially
Score: 0
Agrees with finding.
The cooperation between the Sheriff's Department and OIR resulted in a successful partnership between the two departments. The input provided by the OIR Director was beneficial in the creation of Department policy and with regard to internal investigations.
F.9
With the OIR's newly-expanded role to review the policies and practices of the OCSD and recommend reforms consistent with evolving best practices, the OCSD has an opportunity to take advantage of the new OIR to assist the OCSD in recovering from the current jailhouse informant controversy. This would require the ...
F9
Orange County has not designated unfunded liability reduction as a priority either by action or in its Strategic Financial Plan. RECOMMENDATIONS In accordance with California Penal Code §933 and §933.05, the 2015-2016 Grand Jury requires (or as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “Orange County’s $4.5 Billion Unfunded...
Response: Disagree Partially
Score: 0
With the OIR's newly-expanded role to review the policies and practices of the OCSD and recommend reforms consistent with evolving best practices, the OCSD has an opportunity to take advantage of the new OIR to assist the OCSD in recovering from the current jailhouse informant controversy. This would require the continued voluntary cooperation of the OCSD with the new OIR. <b>Response:</b> Partially agrees with finding. Cooperation with the new OIR is voluntary on the part of the Sheriff's Department. Whether the new OIR offers worthwhile recommendations/best practices will depend on both the ...
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Orange County Sheriff-Coroner – Follow UP 6/12/17
June 12, 2017
•
2 pages
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No structured response data extracted yet.
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Orange County Sheriff's Department Coroner – Updated Response 02/21/17
February 21, 2017
•
3 pages
• 6 responses
•
Score: -2
(+0, 1, -2)
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6 responses to findings and recommendations
F1
The County, in part, is responsible for the unfunded pension liabilities to increase from a surplus of $130,000 in 2000 to $4.5 billion as of December 2012. This represents an increase of more than 4,500% since year 2000.
Response: Unknown
Score: 0
This was implemented in June 2016. It is called the Mental Health Operations meeting and occurs every 2 weeks with CHS staff and a Sheriff's Department Sergeant and Deputy. We have discussed, and are moving forward on implementing, turning Mod Sierra into a housing area for suicidal inmates waiting for Mod L housing. Construction plans are moving forward and we will have 2 Mental Health nurses stationed in the new area.
R.4.
The Sheriff's Department and the Health Care Agency / CHS should implement a protocol to ensure an inmate in a safety cell has access to water for washing hands after us...
R1
The County should encourage the OCERS Board of Retirement to maintain financially sound assumptions and to oppose any relaxation of current assumptions. (F1)(F3)
Response: Implemented
Score: 0
This was implemented in June 2016. It is called the Mental Health Operations meeting and occurs every 2 weeks with CHS staff and a Sheriff's Department Sergeant and Deputy. We have discussed, and are moving forward on implementing, turning Mod Sierra into a housing area for suicidal inmates waiting for Mod L housing. Construction plans are moving forward and we will have 2 Mental Health nurses stationed in the new area.
R.4.
The Sheriff's Department and the Health Care Agency / CHS should implement a protocol to ensure an inmate in a safety cell has access to water for washing hands after us...
F3
The County and OCERS have taken recent actions to control and slightly reduce the unfunded liabilities by 11% from $4.5 billion in 2012 to $3.8 billion in 2015, but the County could be more aggressive.
Response: Unknown
Score: 0
Implemented in August 2016. New safety gowns were purchased that are very large double as a blanket.
R.8.
The Sheriff's Department and the Health Care Agency/Correctional Health Services should collaborate on a process by December 31, 2016 to collect and analyze the following safety cell data: the average length of stay; the number of times an inmate is moved to the safety cell more than once; the day and times safety cells are most utilized; any injury sustained on the way to, or inside the safety cell; the use of forced medication in conjunction with safety cell use.
Data should be incorp...
R4
The County should direct its lobbyists or work through the California State Association to find support in the legislature for a bill with additional pension reforms, beginning with the next legislative session that would further reduce the impact of unfunded pension liabilities. (F6)
Response: Will Not Implement
Score: -1
Implemented in Correctional Health Services policy on August 9, 2016, "Fluids and opportunity to cleanse hands will be offered at a minimum of every 2 hours, as well as given upon inmate request."
R.5.
The Sheriff's Department should develop a plan to eliminate the environmental issue of inmates being excessively cold in safety cells by December 31, 2016. F.3, F21 Updated Response: Implemented in August 2016. New safety gowns were purchased that are very large double as a blanket.
R.8.
The Sheriff's Department and the Health Care Agency/Correctional Health Services should collaborate on a ...
R5
The County should conduct a thorough analysis including the financial impact of implementing a Defined Contribution Retirement Plan or a hybrid plan, replacing the current Defined Benefit Plan, before January 2017. (F1) (F7) 2015-2016 Orange County Grand Jury Orange County’s $4.5 Billion Unfunded Pension Liability & Retirement Plans
Response: Will Not Implement
Score: -1
Implemented in August 2016. New safety gowns were purchased that are very large double as a blanket.
R.8.
The Sheriff's Department and the Health Care Agency/Correctional Health Services should collaborate on a process by December 31, 2016 to collect and analyze the following safety cell data: the average length of stay; the number of times an inmate is moved to the safety cell more than once; the day and times safety cells are most utilized; any injury sustained on the way to, or inside the safety cell; the use of forced medication in conjunction with safety cell use.
Data should be incorp...
F7
The State and local governments have the ability to implement Defined Contribution Plans, or hybrid plans, instead of the traditional Defined Benefit Plan. Much of the private sector has transitioned to the Defined Contribution Plans such as 401K plans and more than 30 jurisdictions in California use Defined Contribution Retirement Plans, including Orange County.
Response: Unknown
Score: 0
The recommendation will not be implemented because it is not warranted or is not reasonable. Correctional Health Services will continue to collect, track, and analyze safety cell utilization data that is pertinent to patient management and treatment. While we did not implement the full recommendation, we are collecting, tracking and discussing safety cell use.
R.15.
The Sheriff's Department should establish a standing quality management committee that meets at least quarterly to review and analyze data with the goal of improving inmate services by December 31, 2016. The Committee should incl...
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Orange County Sheriff’s Department- Supplemental 10/20/16
October 20, 2016
•
2 pages
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