KAMAMECOLENAN. DISTRICTI RICKY THOMPSON, DISTRICTI HUGH FOSKEY, DISTRICTII JIMS SHERROD, DISTRICTIV TIMMY OLIVER, DISTRICTV L.GUYS SINGLETARY, COUNTY ADMINISTRATOR RICHARD MCNEELY, COUNTY ATTORNEY JUSTIN MORRIS. PUBLIC WORKS DIRECTOR COUNTY CLERK 1812 EMANUEL COUNTY BOARD OF COMMISSIONERS: THE PLACE TO REGULAR MEETING . MINUTES., August 19, 2024, 6:00 P.M. Name Position Status Hugh Foskey Jim Sherrod Kawame Coleman Ricky Thompson Timmy Oliver Richard McNeely L. Guy Singletary Halei Lamb Chairman Vice Chairman Commissioner Commissioner Commissioner County Attorney County Administrator County Clerk Present Present Present Present Present Present Present Present Chairman Hugh Foskey greeted the guests and opened the meeting. County Attorney Richard McNeely gave the invocation. Vice Chairman Jim Sherrod led the Pledge of Allegiance. A motion was made to approve the. August 12, 2024 workshop minutes; the. July 22, 2024 budget workshop minutes; and the. July 15, 2024 regular meeting minutes. MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner Timmy Oliver FAVORED: ALL INI FAVOR - Vice Chairman Jim Sherrod, CommissionerTimmy, Oliver, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner Ricky Thompson NAYS: None ABSTAINED:None ABSENT:None Citizen Kimberly Christian addressed the commission during the public comment period about Sunday alcohol sales. Amotion was made to accept amendments to the personnel policy. MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner RickyThompson 1Page FAVORED: ALL INFAVOR -- Vice Chairman Jim Sherrod, Commissioner Ricky Thompson, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner Timmy Oliver NAYS:None ABSTAINED: None ABSENT: None A motion was made to approve the purchase ofa new HVAC: system [for the courthousel, not to exceed $70,000. MOTION: Commissioner Timmy Oliver SECOND: Commissioner Kawame Coleman FAVORED:. ALL INFAVOR. -( CommissionerTimmy Oliver, Commissioner Kawame Coleman, Chairman Hugh Foskey, Vice Chairman Jim Sherrod, Commissioner Ricky Thompson NAYS: None ABSTAINED: None ABSENT: None During the comments part of the agenda, County Administrator L. Guy Singletary informed the board that the legally necessary advertisements had been placed in The Forest-Blade ahead ofthe August 29, 2024 budget hearing and millage rate adoption meeting. Ar motion was made to enter executive session for personnel discussion. MOTION: Vice Chairman Jim Sherrod SECOND: CommissionerTimmy Oliver FAVORED: ALL IN FAVOR -Vice Chairman Jim Sherrod, CommissionerTimmy Oliver, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner Ricky Thompson NAYS: None ABSTAINED: None ABSENT: None A motion was made to leave executive session. MOTION: Commissioner/mmy Oliver SECOND: Commissioner Kawame Coleman FAVORED: ALL INFAVOR- Commissioner Timmy Oliver, Commissioner Kawame Coleman, Chairman Hugh Foskey, Vice Chairman Jim Sherrod, Commissioner Ricky Thompson NAYS:None ABSTAINED: None ABSENT:None 2]Page A motion was made to re-enter open session. MOTION: Commissioner Ricky Thompson SECOND: Commissioner: Kawame Coleman FAVORED: ALL INI FAVOR - Commissioner Ricky Thompson, Commissioner Kawame Coleman, Chairman Hugh Foskey, Vice Chairman Jim Sherrod, Commissioner Timmy Oliver NAYS:None ABSTAINED: None ABSENT: None Ar motion was made to approve County Administrator L. Guy Singletary's contract as presented. (A copy of this contract will be recorded with the minutes.) MOTION: Vice Chairman Jim Sherrod SECOND: Commissioner Timmy Oliver FAVORED: ALL INFAVOR- - Vice Chairman Jim Sherrod, Commissioner Timmy Oliver, Chairman Hugh Foskey, Commissioner Kawame Coleman, Commissioner Ricky Thompson NAYS:None ABSTAINED: None ABSENT:None There being no further business, the meeting was adjourned in good order. Chairman Kegh rly County Administrator E5S 3IPage AGREEMENT ASTOTERMS OF APPOINTMENT GEORGIA, EMANUEL COUNTY: THIS AGREEMENT made and entered into on this /gday of August, 2024, and effective as of August 9 2024, by and between EMANUEL COUNTY (hereinafter referred to as the' "Employer"): and LYNDON GUY SINGLETARY, (hereinafter referred to as the "Employee"); WITNESSETH: WHEREAS, by Georgia Law (hereinafter referred to as the' "Act"), the position ofCounty Administrator of Emanuel County was created, and WHEREAS, the Board of Commissioners of Emanuel County finds LYNDON GUYSINGLETARY qualified to fill said position and desires to execute contract, and Employee desires to accept said contract; NOW, THEREFORE, in consideration of the mutual covenants and conditions flowing to each party, the parties agree as follows: 1. The Employer, by and through its Board of Commissioners, agrees to maintain the employment OfLYNDON GUY SINGLETARY, and LYNDON GUY SINGLETARY, agrees to remain in such employment, effective the /-day of August, 2024, in the continuing capacity OfCOUNTY ADMINISRATOR. 2. (a) The initial term ofthis agreement shall be for a period beginning on the Effective Date hereofand ending on December 31,2024 (the "Renewed Term"). Thereafter, this agreement shall be renewed without further action by either party for successive twelve (12) month periods unless either party gives written notice to the other at least ninety (90) days prior to the end ofthe Initial Term or any other successive one- year term. In the event the Employer (for any reason other than set forth in Paragraph 2(b) below) terminates this agreement, changes the agreement without the consent ofthe Employee, or fails to renew it, the Employer shall pay tol Employee on1 the final day ofhis employment liquidated damages equal to twelve (12) month's compensation calculated at the then existing gross annual compensation being paid to Employee, including compensation: for contracted benefits. In the event oft termination oft this agreement by the voluntary action ofl Employee, the Employer shall pay to said Employee on the final day ofhis employment, all compensation earned through the final date of employment. Employee shall be entitled to be paid for any Paid Time Off( (PTO) or other accrued leave time, including the Employee'sLong-term Sick Bank. )Notwithstanding the above, in the event thel Employer terminates the employment ofl Employee because of any act or acts by said Employee in the performance ofhis official duties which result in criminal charges involving moral turpitude for which hei is convicted, thel Employee shall forfeit any and all liquidated damages provided herein. Employee may be suspended, withj pay, by thel Employer at its discretion during the pendency oft the criminal investigation. (c) In the event oft termination by either party pursuant to the terms hereof, this Agreement shall terminate and expire on1 the effective date oft termination, and each party's obligation hereunder shall cease thereafter, except as otherwise expressly set forth herein. Employee acknowledges that the position OfCOUNTY ADMINISTRATORis governed by the terms oft the Emanuel County Personnel Policy except as specifically provided herein. 3. All notices required or permitted to be given under this Agreement shall be given by personal service upon or by certified mail, return receipt requested, effective upon the date of personal service or on the date ofmailing, to the parties at the following addresses, or to such other addresses as either may designate in writing to the other: Board ofCommissioners Emanuel County P.O. Box 787 Swainsboro, GA 30401 Lyndon Guy Singletary P.O. Box 219 Swainsboro, GA: 30401 4. (a) Employee shall diligently and conscientiously devote his full time and attention and his best efforts to the discharge ofhis duties as COUNTY ADMINISTRATOR. Provided, however, thel Employer andi its Board of Commissioners acknowledge that Employee will participate in several community, civic, charitable, and professional activities, in addition to his County Employment. Provided further, that Employee shall report to the Employer any annual income of$1,000.00 or more received by him from any employment which he may engage in outside of! his duties as County Administrator and shall not engage in any activity which conflicts ori interferes with the performance ofhis duties hereunder. (b) Employee shall perform such duties and responsibilities as outlined by Georgia Law, as well as perform such other duties as may be required ofhim by the Board. 5. Employee shall at all times discharge his duties in consultation with the Board, keeping its members informed ofhis actions and decisions within the scope ofhis authority. He shall be responsible to the Board for the proper and efficient administration ofa all affairs oft the County, except as may otherwise be provided by law. 6. Employeescompemsation shall be as follows: (a) Commencing on October 1,2024, Employer shall pay tol Employee, as compensation for his services, the sum of Dree hacat DOLLARS ($/0, 0o0.2 )annually (herein the "annual base salary"), subject to withholding for appropriate items such as federal and state income taxes and FICA. Employee shall reçeive a cost ofl living adjustment in aj percentage and time frame matching those ofthe Constitutional Officers and Commissioners of Emanuel County as approved by the State. The first of these COLA'sV will not take place for three years proceeding the approval ofthis agreement. (b) Employer shall not at any time during the term of this Agreement reduce the salary, compensation, or other financial benefits of the COUNTY ADMINISTRATOR. (c)As Additional Compensation Employer shall payi into a 401 (a) retirement plan an amount equal to that of other full-time employees oft the county. Contributions will begin at the date of employment, and the employee will be vested immediately. (d) Employer agrees to fund the Senior Management Retirement Plan in compliance with approved ACCG Retirement Documents. (e) Employer agrees to review Empboyespoeparfammane, salary, and benefits on an annual basis and adjust said salary and benefits as Employer deems appropriate in addition to the cost of living adjustment described in subsection (a). (f) Iti is agreed and understood that Employee is exempt from the overtime provisions oft the Fair Labor Standards Act and is not eligible for overtime or compensatory time off for any hours worked beyond a normal work period. (g) Itisr recognized that Employee must devote a great deal oft time outside the normal office hours to business of the Employer, and to that end, Employee will be permitted to schedulel his time in accordançe with what is necessary to satisfactorily complete the work required under this Agreement. (h) Itis agreed and understood that Employee is exempt from any furlough requirements the Employer has or may establish in the future. 7. Employee shall use his own automobile on Employer business within and without the geographic limits of Emanuel County and shall be responsible for all maintenance, fuel, upkeep and insurance. In lieu oft the furnishing ofa County automobile for employee's use, Employer shall pay Employee a monthly reimbursement of$1,160.00 per month. In the event oftravel outside the geographic limits of Emanuel County, Employer shall reimburse Employee mileage at the applicable IRS rate. 8. Employer shall provide cellular telephone and radio communication equipment as required by Employee to carry out his duties hereunder. 9. In addition to any other compensation provided herein, the Employer shall budget, pay, and provide tol Employee the following: (a) Any and all benefits which are established or provided to full-time County employees as a whole, from time to time. (b) Such PTO as may be provided to full-time County employees from time to time. Employee is at the maximum accrual rate. (c) Life insurance as may be provided to full-time County employeesasa whole. (d) Employer shall bear the full cost ofaj public official bond required of Employee under any law or ordinance. (e) Coverage under aj professional liability insurance policy in amounts not less than provided to the Chairman of the Board indemnifying him against loss resulting from action taken by him ini the course ofhis employment. (f) Family Health Insurance coverage for COUNTY ADMINISTRATOR and family members shall be provided at no cost to the COUNTY ADMINISTRATOR. (g) Family Dental insurance coverage for COUNTY ADMINISTRATOR shall be provided at no cost to the COUNTY ADMINISTRATOR. (h) Dues and Conference Expenditure to professional organizations that align with the duties OfCOUNTY ADMINISTRATOR such as, but not limited to, GCCMA, GACMA, and ICMA. () Subject to paragraph seven (7) above, Travel, subsistence, and related expenses for COUNTY ADMINISTRATOR associated with official travel, meetings, training, and conferences adequate to continue the professional development of the COUNTY ADMINISTRATOR and/or pursue necessary official functions for the Employer. Iti is expected that the EMPLOYEE be an active participant in these organizations listed above in (h) and attend annual conferences associated with each of these organizations. EMPLOYEE is encouraged to serve in a leadership capacity in these organizations, so as to continue improving the profession OfCOUNTY ADMINISTATOR, and to sO create relationships and contacts that provide a benefit to Emanuel County. () Certain expenses ofajob-affiliated nature which Employer recognizes are incurred by COUNTY ADMINSTRATOR. Employer agrees to reimburse or to pay said general expenses and to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits. (k) All approved holidays for County employees which are paid holidays. 10. All records and files ofthe COUNTY ADMINISTRATOR shall be the property of! Emanuel County and shall remain such property during the course ofthis Agreement and upon termination. EMPLOYEE shall also have access to download and retain a copy ofany and/or all document that they EMPLOYEE wants at the time oftermination. 11. Employer shall defend, hold harmless, and indemnify the COUNTY ADMINISTRATOR from any claim, loss, damage, cost, expense, or liability, including, but not limited to, reasonable attorney's fees and court costs, arising out of or relating to the services performed by Employee hereunder, whether such claim was groundless or otherwise. 12. The text herein shall constitute the entire agreement between the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respectiye heirs at law, executors, successors and assigns. This Agreement shall be construed and interpreted in accordance with the laws of the State of Georgia. SIGNATURES ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals on the day and year first above written. EMANUEL COUNTY BOARD OF COMMISSIONERS, Employer, mph 14y (SEAL) BY: BY: (SEAL) CD 81 MISSI BY: BY: Vwone (SEAL) Dbner C Commissioner E ATTEST: Phsi (SEAL) EA6E5S