MINUTES- CALLED MEETING CITY OF CAMILLA, GEORGIA  MAY15,2024  A Called Meeting of the Mayor and City Council of the City of Camilla was called to order at 5:00 p.m. on Friday, May 15, 2024 by Mayor Owens in The Honorable Mary Jo Haywood Present at roll call: Councilman Burley, Councilman Morgan, Councilman Collins, Councilman City Manager Stroud, City Attorney Wiley (via phone), and Clerk Ford were also present. City Manager Stroud gave the invocation and the Mayor and Council led the Pledge of  Council Chambers.  Pollard, and Councilman Palmer.  OPENING PRAYER AND PLEDGE  Allegiance to the Flag. Sign-in Sheet Attached.  CITIZENS AND GUESTS APPROVAL OF AGENDA  A motion was made by Councilman Burley and seconded by Councilman Morgan to approve the  May 15, 2024 Called Meeting agenda. The motion passed by a 5-0 vote.  SPEAKER APPEARANCES  None  CITY OF CAMILLA COUNCIL STRUCTURE  AND REPRESENTATION  Mayor Owens asked for a motion to waive the City's privilege to the legal brief from the City Attorney SO it can be shared with the Council and the public. A motion was made by Councilman Morgan and seconded by Councilman Burley to waive the City's privilege. He commented regardless oft the legal entanglements in the City, the City Council had the foresight to create an Urban Redevelopment Agency (URA). What it basically means is a majority of the City, not all of it, falls under the URA. Whereas he is confident they will continue to do business on the Council, with the URA, which has three members and he chairs, the business of the city does not stop. The business of Camilla and everything they have done will continue as they make their way through the legal nuances. The motion passed by a 5-0 vote to waive privilege. Attorney Wiley read the legal brief for the Composition of City Council Following the Georgia Supreme Court Decisions in Civil Contempt and Quo Warranto Appeals (Issue Date: May 14, 2024). The brief is attached and made a part of the minutes. At the conclusion of the brief reading, Mayor Owens stated as of today the question of whether or not Councilmen Pollard and Morgan are/were residents of the city of Camilla has never been answered. Attorney Wiley stated that question has never been adjudicated on the merits. Judge McCorvey stated in September of 2023the issue ofresidency has never been adjudicated on the merits. Mayor Owens  Page 1of3    CITY OF CAMILLA COUNCIL STRUCTURE AND REPRESENTATION (cont.)  commented they are here today due to technicalities in answers that Councilmen Morgan and Pollard gave in the deposition. The judge deemed that conduct during that period was unsatisfactory, thus removing them from office because of the alleged conduct that was perceived during the deposition and other discovery. Attorney Wiley stated that was correct. Attorney Wiley commented petitioners Bostick and Cooper appealed the civil contempt ruling that supersedeas applied and prohibited them from imprisoning and/or getting $100,000 each against Morgan and Pollard. Councilmembers Morgan and Pollard each filed an appeal to the Georgia Supreme Court challenging the Georgia Court of Appeals upholding the decision to remove them from office based upon the July 20th order. On May 14th the Georgia Supreme Court issued decisions concerning each of the appeals pending before it. For the civil contempt proceeding appeal, the Georgia Supreme Court ruling confirmed that Councilmen Morgan and Pollard acted lawfully while continuing to serve during the pendency of their respective appeals. The Georgia Supreme Court May 14, 2024 decision now unquestionably has determined that they did not act in willful contempt of the court's order removing them from office because of the supersedeas that allowed them to continue to lawfully serve as City councilmembers during the pendency of their appeals. The impact with respect to the current term of office for Councilman Morgan for the July 20th quo warranto decision issued by the trial court, the petition for quo warranto filed on November 27, 2022 has no applicability to his current term of office that began on January 1, 2024. On November 7, 2023 Mr. Morgan was elected to a new term of office to begin January 1, 2024. Morgan was subject to a residency challenge by his opponent, Ginger Kimmel. Upon qualifying for the new term ofoffice a challenge was filed in the Election Superintendent' S alleging Mr. Morgan did not reside in the city of Camilla and not eligible to run for elected office. An administrative hearing was held and the Election Superintendent ruled that Mr. Morgan was a resident of Camilla and legally qualified and eligible to run for office. Mrs. Kimmel, through her counsel, filed an appeal to the Mitchell County Superior Court and the Mitchell County Superior Court Judge affirmed the Election Superintendent's ruling and determination that Corey Morgan resides in the city of Camilla and could lawfully seek an elected office in the city of Camilla. There is no provision in Georgia law that allows a quo warranto law to exist in perpetuity and forever follow an individual in every subsequent political endeavor. Mr. Morgan was duly elected to a new term of office effective January 1,2024 and the July 20th quo warranto order is of no force and effect to this new term of office. Councilman Morgan commented Mrs. Kimmel also sent this to the Georgia Supreme Court. Attorney Wiley replied this particular challenge by Mrs. Kimmel challenging his current term of office at the Georgia Supreme Court was acted upon and dismissed and the Kimmel appeals were unsuccessful. As a matter of law the issue of Mr. Morgan' s residency and qualifications to hold legal office for the new term cannot be re-litigated. Mayor Owens commented there is a newspaper in the region with a terrible habit ofl leaving information out. He asked for clarity ifa remittitur is sent back to the City of Camilla, based on rulings at the Supreme Court, what effect will it have on Councilman Morgan. Attorney Wiley stated it is her legal opinion that act will have no impact and no legal effect on Councilman Morgan' 's new current term of office that began on January 1, 2024. His previous term of office expired and the previous quo warranto cannot be brought forward. Mayor Owens stated a so-called regional newspaper: reported on the  Page 2of3    CITY OF CAMILLA COUNCIL STRUCTURE AND REPRESENTATION (cont.)  Supreme Court rulings and an important piece the public was not informed on. It is his understanding that up and until today, and through today, that Councilmen Morgan and Pollard, based upon the third decision by the Supreme Court yesterday, had been serving lawfully throughout the entire process. Attorney Wiley replied yes. Mayor Owens asked since the decision was rendered yesterday is it legal to say Councilman Pollard is still serving as a councilmember legally and lawfully until the remittitur is sent to the Superior Court in Mitchell County. Attorney Wiley replied yes. Mayor Owens stated a lot is happening and no one knows what tomorrow, next week, or next month will bring. As oftoday what they see is the status quo and this is their city council until such time as a remittitur is sent to Mitchell County Superior Court. Ifand when that happens, either way, they will continue to do business in the city.  ADJOURNMENT  The meeting adjourned at 5:40 p.m. on motion by Councilman Morgan.  BY:  ATTEST:  K KELVINN M. OWENS, MAYOR  ONoul fir CHERYL FORD/CLERK  Page 3 of3    CITY OF CAMILLA, GEORGIA a SIGN-IN SHEET  DATE: UMAY 15 2024 MEETING: XCOUNCIL  TIME:  5  A.M. P.M.  WORK SESSION  OTHER:  CALLED  SPEAKER NO YES  NAME  ADDRESS  TOPIC OF DISCUSSION  1 Waulwales 10honak.  2 3 4 PA 5  hydrery  (bg I st,  d LIM Swikust  Msiha Baterh  4141 WSHwy 19  Bustonl W  246 Moss 9AEPB 194NEILs st  6 papsere ayser OHERLIE DIKon 8 Rhunet re Vhfors  7  9  10 AdRuRts 11 ly 12 13 14 15 16 17  JuLS MeRAthD 3kbo Easthmilk Es  Hauy  Brtoc 5eis    CONFIDENTIAL MEMORANDUM ATTORNEY-CLIENTPRIVILEGED ATTORNEY-WORK PRODUCT  WAINED  TO: CC: FROM: DATE:  The Honorable Mayor and Council ofthe City of Camilla, Georgia  Dennis Stroud, City Manager LaTonya Nix Wiley, Esq. May 15,, 2024  SUBJECT: Composition of City Council Following the Georgia Supreme Court Decisions In  Civil Contempt and Quo Warranto Appeals [Issue Date: May 14, 2024]  I.  INTRODUCTION  This memorandum serves as an update concerning recent decisions oft the Georgia Supreme Court As has been previously discussed, there are three (3) pending appellate cases in the Georgia  involving the City of Camilla.  Supreme Court involving the City of Camilla:  Quo Warranto civil action involving councilmember Corey. Morgan'; Quo Warranto civil action involving councilmember Venterra Pollard; and Civil/Criminal Contempt action involving councilmembers Corey Morgan and Venterra Pollard.3 The City of Camilla appeared as an intervenor and filed an amicus brief in  this contempt action.  Each of these three (3) of these cases involve the same party plaintiffs: David Cooper and Joe Bostick. On yesterday, May 14,2024, the Georgia Supreme Court issued a decision without opinion in each case. As a result, the previously issued written decision issued by the Georgia Court of As oft today's date, neither of these decisions are "final" until such time as remittitur is submitted  Appeals on December 21, 2023, was unaltered. to the Mitchell County Superior Court. II. BRIEF FACTUAL SUMMARY For posterity, the essential facts are as follows:  On November 22, 2022, David Cooper and Joe Bostick ("Petitioners") filed a Petition for Quo Warranto in the Superior Court ofl Mitchell County challenging the residency of Councilmembers Morgan and Pollard.! The Petitioners alleged that neither Morgan nor Pollard were qualified to  S24C0715.1 MORGAN V. COOPER et al. (A24A0449). S24C0714.. POLLARD V. COOPER et al. (A24A0450). S24C0539. COOPER et al. v. POLLARD et al. (A24A0389).    serve on City Council because neither resided within the city limits of Camilla as required by City  Charter.  Under Georgia law,ifaq quo warranto defendant files an. Answer under oath denying the allegations, the trial court is mandated by law to convene a jury of twelve (12) impartial jurors to determine whether the allegations are true. Messrs. Morgan and Pollard filed a timely Answer under oath denying the allegations asserted byl Petitioners Cooper and Bostick. Asaresult, the Mitchell County Superior Court issued jury summons' to Camilla citizens for the purpose of determining whether the allegations in the Quo Warranto petition were true. The jury trial was scheduled for July 17,  2023.  OnJ July 17, 2023, City of Camilla citizens appeared for jury service to render a decision in the quo warranto proceedings. However, prior to seating a jury of twelve (12), the Superior Court entertained ai motion filed on behalfofthe Petitioners. That motion alleged that the councilmembers had not answered deposition questions in a satisfactory manner. After hearing the motion, the Court announced that it was going to penalize Messrs. Morgan and Pollard by striking their previously  filed Answers and summarily enter judgment in favor of the Petitioners.  As a result of the Court's announcement, those citizens who had been summoned to serve as potential jurors in the quo warranto proceeding, were sent home and no jury trial was ever held. On July 20, 2023, the trial judge issued an Order and Final Judgment declaring by way of default judgment that Morgan and Pollard did not reside within the city limits of Camilla. ("Quo Warranto Order"). The "Quo Warranto Order", though signed by the trial judge, was principally authored by On July 21, 2023, Messrs. Morgan and Pollard each filed a timely appeal of the Quo Warranto Order and paid assessed costs to the Mitchell County Superior Court Clerk. Under Georgia law, the filing of the appeal and payment of the costs, stayed the enforcement of the Quo Warranto Order. In other words, supersedeas was in effect and Messrs. Morgan and Pollard could continue tol lawfully serve on City Council during the pendency oft their respective appeals. Notwithstanding supersedeas, on August 1, 2023, the Petitioners filed a civil contempt motion in Mitchell County Superior Court asking the trial court to find Morgan and Pollard in contempt on more than 40 counts ofalleged misconduct. Each count ofalleged misconduct pertained to Messrs. Morgan and Pollard's continued service and official actions as councilmembers. Petitioners requested that the trial court imprison Morgan and Pollard for 50 days and impose more than On September 1, 2023, the trial court convened a hearing to consider the motion for contempt. As authorized by Mayor and Council, this office filed a motion to intervene in the contempt proceedings. After oral argument, the trial court announced from the bench that the motion for contempt would be denied, because the trial court was without jurisdiction to find Morgan and  counsel for Petitioners.  $100,000 in monetary fines against each of them.  Pollard in contempt of court due to supersedeas.    On September 15, 2023, the Petitioners appealed the trial court's denial of their motion for civil contempt to the Georgia Court of Appeals ("September 6th Jurisdiction Order"). On December 21, 2023, in a combined opinion, the Georgia Court of Appeals affirmed the trial court's order declining to find Morgan and Pollard in contempt of court because supersedeas attached to the trial court's July 20th Quo Warranto Order. The Georgia Court of Appeals also affirmed thet trial court's. July 20th Quo Warranto Order removing Messrs. Morgan and Pollard from office and specifically determined that supersedeas would continue to be in effect as long as that  order remained under appeal. III. LEGAL ANALYSIS  A. The Georgia Supreme Court's Decision Confirms That Councilmen Morgan and Pollard Acted Lawfully While Continuing To Serve During the Pendency of Their  Respective Appeals.  The Georgia Court of Appeals' December 21, 2023, opinion regarding Morgan and Pollard is a landmark case in the State of Georgia. Prior to this ruling, there was no Georgia appellate case affirmatively holding that supersedeas applied to quo warranto proceedings. As a result of the Georgia Supreme Court's May 14, 2024, decision it is now without question that Messrs. Morgan and Pollard have lawfully served as City councilmembers throughout the pendency of since the In sum, the trial court was correct in declining to find Messrs. Morgan and Pollard in civil or criminal contempt. Again, however, until such time as remittitur is issued to the Mitchell County  filing of their respective appeals oft the Quo Warranto Order.  Superior Court, supersedeas will remain in effect.  B. The. July 20th Quo Warranto Order. Has No Legal Effect On Corey Morgan's New On November 7, 2023, Corey Morgan was elected to a new term of office effective January 1, 2024. The. July 20th Quo Warranto Order has no legal applicabilityt to Morgan'si new term ofoffice. The law is clear that a quo warranto proceeding only involves the removal of an official from the term of office then in effect. Accordingly, the July 20th Quo Warranto Order only applies to Morgan's previous term of office - - that term of office ended December 31, 2023.  Term of Office.    There is no provision in Georgia law that allows a quo warranto order to exist in perpetuity and forever follow ani individual in every subsequent political endeavor. Here, Morgan was duly elected to ai new term ofoffice effective. January 1, 2024."TheJ July 20th Quo Warranto Order is oft no force or legal effect to this new term. It is highly likely that either the appeals court (or trial court if remanded) will declare the subject quo warranto proceeding against Morgan moot and order  dismissal oft the same. IV. CONCLUSION  Until such time as remittitur isi issued, the above referenced appeals are not final. Please advise ift there are any further questions or concerns about this most important matter.  As always, we are honored to serve the City of Camilla.  Morgan was subject toa aresidency challenge upon qualifying fort the January1,2024, term ofofficel by his challenger, Ginger Kimmel. Thel Election! Superintendent: ruledt that Morgan was aresident of Camilla and eligiblet tor runi for office. The Superior Court of Mitchell County affirmed thel Election Superintendent's determination. Kimmel filed an appeal to the Georgia Supreme Court. Onl December 18, 2023, the Georgia Supreme Court dismissed Kimmel's appeal. See Appeal No. S24A0322. Accordingly, Morgan's residency for his new term ofo office has been conclusively established  and cannot be relitigated.