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Author Topic: Nepotism Policy And Code of Ethics  (Read 1945 times)

Offline John Lebrio

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Nepotism Policy And Code of Ethics
« on: September 28, 2012, 09:35:57 PM »
Chapter 25. NEPOTISM POLICY




[HISTORY: Adopted by the Township of Howell 8-19-2002 by Ord. No. 0-02-36. Amendments noted where applicable.]
 
GENERAL REFERENCES
 
Personnel policies See Ch. 29.
 
25-1. Purpose.



Howell Township cherishes the richness of its communities, its neighborhoods and its families. The Council recognizes that our workforce is mostly comprised of Howell residents. There will naturally be a portion of our workforce who are related by blood and/or marriage. Although the Township is proud to nurture families who are devoted to the betterment of our community, we are mindful that our purpose as a community is to provide equal employment opportunities and to adopt safeguards against undue influences. We therefore have charged our Township Manager with the responsibility to develop and adopt sound personnel practices as to avoid nepotistic practices, and we expressly authorize him to adopt such permanent employment practices so as to eliminate appearances of favoritism. 25-2. Manager to incorporate provisions into manual.



The Township Manager shall incorporate within the Township personnel manual such antinepotistic provisions as may, in his or her discretion, be deemed in the best interest of the Township workforce.
 
25-3. Participation in discussions by elected officials; voting.



The elected officials of the Township shall not participate in discussions nor vote upon adoption of any ordinances, resolutions, or policies, or enter into contracts, which shall have the direct effect of encouraging nepotism, as defined by the Township Manager or by the Township's Ethics Committee.
 
25-4. Recommendations for positions.



The Mayor and Council shall not recommend relatives to said municipal positions within the Township, nor shall they discuss such recommendations with the Manager.
 
25-5. Family members may independently seek employment and appointments.



The above proscriptions shall not be interpreted so as to discourage family members from independently seeking municipal employment and/or appointments and from otherwise volunteering for municipal committees and activities.                                               Chapter 18. ETHICS AND CONDUCT, CODE OF




[HISTORY: Adopted by the Township of Howell 6-28-2005 by Ord. No. 0-05-20. Amendments noted where applicable.]

  18-1. Definitions.



As used in this chapter, the following terms shall have the meanings indicated: FAMILY MEMBERSpouses, children, parents, grandparents, grandchildren, brothers, sisters, nieces, nephews, uncles, aunts, first cousins, mothers-in-law, fathers-in-law, sisters-in-law, brothers-in-law, sons-in-law and daughters-in-law. PARTY OFFICIALSA chairperson or vice chairperson of a Howell Township county political committee or the president and vice-president of a Howell Township political club or organizations. PROFESSIONAL SERVICESAs defined at N.J.S.A. 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. For purposes of this chapter, however, professional services shall not include professional artistic services as defined at N.J.S.A. 40A:11-2(6). Professional services shall include financial services or insurance services.
  18-2. Performance-based negotiations for professional services contract.



General provisions.
A. The municipality shall award all contracts or agreements for the provision of professional services contracts on the basis of qualifications and competitive negotiation.
 
B. Professional services contract requests for proposal shall be published by the posting of a public notice at least 45 days prior to the awarding of any contract for professional services. In the event a professional services contract must be awarded on an expedited basis, the Manager shall determine the appropriate time for notification and completion of the request for proposals after advising the Township Mayor and Council of the reason for waiver of the forty-five-day notice contained herein.
 
C. The public notice shall be:

(1) Prominently posted in the public place reserved for Sunshine Law notices;

(2) Mailed, telephoned, telegramed, faxed or hand delivered to at least two newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the municipality, one of which shall be the official newspaper of the municipality; and
 
(3) Filed with the Clerk of the municipality.

D. The public notice shall, at minimum, include:

(1) A description of the professional services needed, including, where appropriate, a description of tasks involved.
 
(2) The Manager, with the advice and consent of the Mayor and Council, shall memorialize such qualification requirements within the Township's Policies and Procedures Manual.
 
(3) Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the Township.
 
(4) Deadline and place for all submissions.

(5) Budget appropriation or cap, at the discretion of the governing body and Manager's office.
 
E. Standardized submission requirements shall include:

(1) Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised.
 
(2) References and record of success.

(3) Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff).
 
(4) Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.
 
F. The selection criteria to be used in awarding a contract or agreement for professional services shall include:
 
(1) Qualifications of the individuals who will perform the tasks and the amounts of their respective participation.
 
(2) Experience and references.

(3) Ability to perform the task in a timely fashion, including staffing and familiarity with subject matter.
 
(4) Cost consideration, including but not limited to historical costs for similar professional services, expertise involved and comparable costs for comparable public entities.
 
G. All submissions shall be kept on the during the term of the related contract, and shall be public records after the deadline for the submission of proposals. This paragraph is subject to Open Public Record Act (OPRA) exemptions or exclusions to protect privacy rights.
 
H. The governing body shall discuss the merits of all proposals and bidders publicly and memorialize its reasons in a resolution authorizing the award of any contract for professional services.
 
I. In the event that compliance with part or all of the requirements of this chapter is impracticable as regards a particular contract or agreement, the Township Council may waive part or all of the requirements by a majority vote of the full Council in the appointing resolution, setting forth with specificity the reasons such waiver is required.
 
J. All contract awards under this section shall remain subject to the provisions of the "Local Public Contracts Law" as set forth in N.J.S.A. 40A:11-1 et seq.
 
K. Any person or persons providing professional services to the Township of Howell who violates the provisions of this section shall be deemed to be ineligible for the award of a contract with the Township for a period of three years.

[Added 9-20-2005 by Ord. No. 0-05-27]


  18-3. Code of ethics provisions.




A. All elected officials of the Township of Howell and candidates seeking office to the Mayor or Council positions shall be prohibited from the following:
 
(1) Accepting campaign contributions from any firm or person engaged in the business of residential or commercial development within the State of New Jersey. This provision applies to any firm, partnership or corporation whose primary business purpose is the development of major subdivisions and site plans of either residential or commercial nature, whether their primary offices are located within the geographic boundaries of the State of New Jersey or outside those boundaries.

[Amended 9-20-2005 by Ord. No. 0-05-27]

 
(2) The acceptance of gifts of any kind regardless of their monetary value from any person doing business with the Township or seeking to do business with the Township. This includes, but is not limited to, accepting gifts from persons with applications in front of any Township board, agency or commission at any time. This also includes the prohibition of gifts from any professionals representing an applicant in front of any Township boards, agencies or commissions. A "gift" refers to items with or without monetary value, including food items, complimentary tickets to events, dinners or other activities. Such prohibition will apply an additional 12 months after an elected official leaves office. Each candidate for office and elected officials must submit a statement of compliance to the Township Clerk's office attesting to their adherence of this chapter.
 
(3) Food or refreshments provided to Mayor and Council and staff through the Manager's or Clerk's office during business meetings or during discussions or conferences involving any member of Mayor and Council addressing official Township business is exempted from the provisions of this section.
 
18-4. General code of conduct for township employees and officials.




A. The Township Manager, in cooperation with the Mayor and Council, shall enact and adopt policies and regulations to regulate the conduct and professionalism of all Township employees. This code should be adopted by a resolution and incorporated into this chapter by reference.
 
B. The Mayor and Council shall also enact for all elected and appointed officials a similar code, and it shall be published and displayed in every Township building. Said final codes shall be adopted by resolution and incorporated into this chapter by reference.
 
C. Employees shall be prohibited from working in a department of the Township if a family member is a superior to the employee in that department. The Manager shall transfer the employee or the superior within 180 days from the effective date of this chapter or as soon as an appropriate lateral position becomes available in another department. If the manager determines that there is no compatible position for a lateral transfer, the manager shall so report to the governing body with his or her recommendation that that individual remain in that position.
 
D. Upon the effective date of this ordinance, the Manager shall be prohibited from hiring a member of his or her family to any position within the Township. Family members of any members of the governing body are prohibited from being hired by the Township during the course of their term as an elected official. This prohibition shall continue for a period of 12 months immediately following the vacation of office by the elected official. Family members of Township professionals or outside consultants are prohibited from being employed or hired by the Township during the period of their appointment.

[Amended 9-20-2005 by Ord. No. 0-05-27]

 
E. Party officials are prohibited from being hired by the Township for a period of 12 months after they terminate their appointment or official position. Family members of a party official are prohibited from being hired by the Township for a period of 12 months after they leave office.

[Amended 9-20-2005 by Ord. No. 0-05-27]

 
F. The Township Manager or any other Township official with the capacity to appoint or employ individuals are prohibited from appointing a family member or party official to any board, commission or agency in which the family member or party official is entitled to salary and/or retirement benefits or other fringe benefits.
 
G. Any person or persons found to have violated provisions of this chapter shall be subject to sanctions and/or penalties as set forth under the New Jersey Local Ethics Law or ordinances of the Township of Howell.

[Added 9-20-2005 by Ord. No. 0-05-27]
 


Last Edit: Yesterday at 10:41:44 AM by John Lebrio
                           
« Last Edit: September 28, 2012, 09:39:35 PM by John Lebrio »

Offline John Lebrio

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Re: Nepotism Policy And Code of Ethics
« Reply #1 on: September 28, 2012, 09:42:52 PM »
OK folks, knock yourself out.

Offline Curtis Vislocky

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Re: Nepotism Policy And Code of Ethics
« Reply #2 on: September 28, 2012, 10:06:47 PM »
Thanks John for starting this post. I believe we all are concerned about our nepotism and ethics ordinances are being upheld. In my personal opinion I do not believe Google searches provide enough evidence to warrant whether or not a violation has occurred.

However, the evidence brought to light does warrant further clarification. Thus, I believe our Mayor and Council should be made aware of these findings and determine whether additional investigation is warrented.

It's bad enough we have former employees bringing a lawsuit against the town.
« Last Edit: September 29, 2012, 10:04:44 AM by Curtis Vislocky »

Offline Tina Smilek

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Conflict of Interest/Nepotism/Code of Ethics
« Reply #3 on: September 28, 2012, 11:56:42 PM »
Curtis, you were councilman in 2009.  You supported and worked with the manager.  Was everything always business that no one on council bothered to even know her family?     

Is the present council so removed from the people that work for them that they don't know this information?

Are we honestly going to sit here and pretend Helene's daughter in law Jen Ostrowski Schlegel wasn't hired in Recreation and when Recreation was shut down she got a job at Howell Township Schools as a teacher. Yes they were only married in 2012 but the relationship is still there.

Where does it end??

If you don't want to believe in google....check out the family photos on facebook.  Although Helene and Jodi block access to a lot of information, Patricia Howlett is very proud of her son and daughter in law and the fact that she works for Howell Township.

It's not like this isn't public information.

And trust me, I have a lot of other information I am still researching. 

PS Curtis..not former employees but current employees bringing lawsuits against the town.
« Last Edit: September 29, 2012, 12:11:32 AM by Tina Smilek »
Being honest may not get you many friends but it'll always get you the right ones. - John Lennon.

Offline Curtis Vislocky

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Re: Nepotism Policy And Code of Ethics
« Reply #4 on: September 29, 2012, 09:44:16 AM »
Tina,

In all honesty, I never knew Helene had a daughter. Again, I am not saying your info is inaccurate. I just saying this info doesn't not prove a violation of our ordinance has occurred. In all my dealings with Helene she's always been on the up and up; and never did anything under handed.
« Last Edit: September 29, 2012, 09:49:52 AM by Curtis Vislocky »

Offline Tina Smilek

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Re: Nepotism Policy And Code of Ethics
« Reply #5 on: September 29, 2012, 10:24:08 AM »
I agree Curtis. 

If you read my past posts I have  said,

Quote
I personally do not see this issue as nepotism.

But I did ask the question, is this pushing the line of the ethics code?

I also said certain things in my opinion are a conflict of interest.

Maybe this is the time for the council to create another ad hoc ordinance committee.

Its the propriety of the situation.

And I never said Helene wasn't on the up and up, just that this could open the door for trouble.   
« Last Edit: September 29, 2012, 10:32:24 AM by Tina Smilek »
Being honest may not get you many friends but it'll always get you the right ones. - John Lennon.

Offline Tina Smilek

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Re: Nepotism Policy And Code of Ethics
« Reply #6 on: September 29, 2012, 10:15:27 PM »
Well I did my part, I put the facts on the table.

Will anyone answer my question?

Does anyone think this is pushing the line of ethics?

Should the council form an ad hoc committee to update the present ordinances including the ordinance that John L. has posted?

Do I need to post more coincidences? 
Being honest may not get you many friends but it'll always get you the right ones. - John Lennon.

Offline Steve Morlino

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Re: Nepotism Policy And Code of Ethics
« Reply #7 on: September 30, 2012, 08:27:03 AM »
If these are indeed the facts, how will Mr. Gotto and the council address them?

Offline Jeanette Smith

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Re: Nepotism Policy And Code of Ethics
« Reply #8 on: September 30, 2012, 09:01:43 AM »
Tina, this is a very good discussion and I wish more people were participating in it. There are many different perspectives on this issue.

With regard to public schools, all hiring decisions are the responsibility of the superintendent and here in Howell there is an extensive interview process before recommendations are made to the BOE. A BOE can either vote yes or no to the superintendents recommendation, no one is hired without that recommendation. Professional services must go through a competitive process as well, either through the business office or a board committee. The BOE follows the laws and these laws are all in our policy manual.

I will tell you that I personally would not know about any relationships of our top administration. My interactions are all business and I do that on purpose. I expect them to adher to the Code of Ethics and its intent in all recommendations.

If anyone believes they know of an Ethics violation, they should file a complaint with the Ethics Commission. It is against the law for a local governing body to make determinations of ethics violations.
« Last Edit: September 30, 2012, 09:12:00 AM by Jeanette Smith »
Disclaimer: I am a member of the Howell Township Board of Education and act as a community representative ONLY when the board is legally in session. All statements made here are mine as a private citizen and represent my personal opinions and not the opinions of the HTBOE.

Offline Tina Smilek

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Re: Nepotism Policy And Code of Ethics
« Reply #9 on: September 30, 2012, 12:50:26 PM »
Thanks Jeanette,

I understand where you are coming from whereas you would not know the relationships of the administrators, but the school system is vastly larger then a town council and manager. 

The council deals one on one with the manager, day in and day out.  At least I hope they do.  ;D  I think there is a big difference between the two.  It's not like I would expect them to know the information on every department head.

Unfortunately, my knowledge of the BOE and school system is limited which is why I ask so many questions.    I guess I better start getting my information together as it is an election year.  I'm not even sure who is running aside from what I read on patch.com.  Guess it is time to start that thread also.

Back on topic though, my comment has always been does this seem to be pushing the line of the ethics code?  Or is it a conflict of interest?

And thanks for the information on Ethics Commission.  Are their standards/regulations different from the one's that are in our ordinance?

I'm going to need to take a vacation from all this research soon.   ;D

Being honest may not get you many friends but it'll always get you the right ones. - John Lennon.

Offline William Field

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Re: Nepotism Policy And Code of Ethics
« Reply #10 on: September 30, 2012, 07:45:13 PM »
Tina,

We had an ordinance review committee when Joe Dibella was mayor.  John Lebrio chaired it.  He and it did a good job, I thought, in examining our ordinances and recommending changes. I would support re-establishing such a committee.

I've said this before: 5 people are not enough brains and pairs of eyes to know all that goes on in this town.  More citizens committees with powers to recommend action can be a good thing.

Offline Jeanette Smith

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Re: Nepotism Policy And Code of Ethics
« Reply #11 on: October 01, 2012, 07:34:52 AM »
Tina, there are actually two Ethics Commissions, one for Schools: http://www.nj.gov/education/ethics/

and one for other state officials: http://www.state.nj.us/ethics/

I am not as informed regarding municipal ordinances as I am on school policies but I assume that both work in a similar manner, i.e. the majority of local adoptions are simply a restatement of state laws/mandates. This is one of the things that I find overly burdensome to local property owners. If the state laws/mandates must be followed locally, why do local governing bodies have to allocate time, personnel and local funds to create redundancy in local adoption? It really makes no sense to me.

As you know, the role of the school board is to adopt policies that give direction and provide for their oversight but we do not actually manage our schools. That is the job of the Superintendent.

I thought the Mayor and Council function in the same way for the town. Why do you view the Mayor and Council as a managing body rather than a legislative body? Perhaps I've had it all wrong and you can educate me!
Disclaimer: I am a member of the Howell Township Board of Education and act as a community representative ONLY when the board is legally in session. All statements made here are mine as a private citizen and represent my personal opinions and not the opinions of the HTBOE.

Offline John Lebrio

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Re: Nepotism Policy And Code of Ethics
« Reply #12 on: October 01, 2012, 12:30:49 PM »

"As you know, the role of the school board is to adopt policies that give direction and provide for their oversight but we do not actually manage our schools. That is the job of the Superintendent.

I thought the Mayor and Council function in the same way for the town. Why do you view the Mayor and Council as a managing body rather than a legislative body? Perhaps I've had it all wrong and you can educate me!"

 2-3. Powers of Township vested in Council.



All powers of the Township and the determination of all matters of policy shall be vested in the Township Council, except as otherwise provided by the Charter or general law, or this chapter.
 
2-4. Duties.



The Township Council shall act in all matters as a body and shall deal with the administrative services of the Township solely through the Township Manager. No Council member shall seek individually to influence the official acts of the Township Manager, or any other officer, or direct or request the appointment of any person to, or his/her removal from office; or interfere in any way with the performance by such officers of their duties. Nothing contained herein shall prevent the Township Council from appointing committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department, or any other matter relating to the welfare of the Township. The Council may delegate to such committees or commissions such powers of inquiry as it may deem necessary. Any Council member violating the provisions of this section shall, upon conviction thereof in a court of competent jurisdiction, be disqualified as a Council member.

Offline Tina Smilek

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Re: Nepotism Policy And Code of Ethics
« Reply #13 on: October 01, 2012, 06:13:27 PM »
OK Jeanette, now I have a little time.

First of all I will start by saying, my question is, as always, is it pushing the line of ethics?  An honest personal opinion of taxpayers?  No one seems to want to answer this.

Personally, I think that if an ethics violation or conflict of interest issue was to be pressed and someone wanted to report it, it would go to the Prosecuters Office.  Or send anything you want to the Asbury Park Press and let them run with it.

My personally opinion is the council should have been told that the lawfirm that was being appointed for the town in any scenerio also employed the town managers daughter.  If it was, then that is a reflection on the council and a precedence they are setting.  But still their decision. 

Secondly, I do not think any family member of the town manager should be working for the town.  Not only does it look bad for the town, it looks bad to the employees especially when you take vacations together.  If the town council chooses to allow this, then again it is a direct reflection on them and they are once again setting precedence for this issue.  I say if you want to hire your family, get your own business and hire whoever you want.   But it is just my opinion.

According to an article put out by the New Jersey League of Municipalities:
Quote
When deciding what to do in a given instance, remember that it is always a good idea to err on the side of caution when it comes to ethical questions. After all, as a local government official, your most valuable asset is your reputation.

Now onto legislative vs. managerial.

I look at it this way.  Taxpayers vote for council and council appoints the Town Manager.  If the council is happy with the manager they continue the contract, if not they need 3 votes to replace the manager.  As such, the manager is a direct reflection of the council who appoints him/her.  A taxpayer has no recourse but to hold council responsible for what decisions the town manager makes.

So a taxpayer must not only take into consideration the councils legislative decisions but also educate themselves on the town managers managerial decisions.

To me, the council is the top, they may not be able to make any of the managerial decisions but they to make the decision on the manager. 

Not sure how that reflects to the BOE.  Does BOE do appointments?  If so the people they appoint would be a reflection of them.  At least that is how I look at it. 
Being honest may not get you many friends but it'll always get you the right ones. - John Lennon.

Offline Jeanette Smith

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Re: Nepotism Policy And Code of Ethics
« Reply #14 on: October 02, 2012, 07:58:46 AM »
Thanks to both John and Tina for all the information. I love to learn as well as hear others perspectives!!!

I can see some clear differences in what John has posted for the laws imposed on municipal governance versus laws regarding school governance. It is good to know!

Tina, the only employee appointment that the board can make without recommendation is that of Superintendent. Boards also need to comply with tenure and seniority laws. A Superintendent has tenure for the term of their contract and seniority is accrued during their employment history in the district.

And again, thank you for the education!
« Last Edit: October 02, 2012, 08:07:21 AM by Jeanette Smith »
Disclaimer: I am a member of the Howell Township Board of Education and act as a community representative ONLY when the board is legally in session. All statements made here are mine as a private citizen and represent my personal opinions and not the opinions of the HTBOE.

 

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