MINUTES - REGULAR MEETING CITY OF CAMILLA, GEORGIA NOVEMBER 11, 2024 The regular meeting of the Mayor and City Council of the City of Camilla was called to order at 6:00 p.m. on Monday, November 11, 2024 by Mayor Owens in The Honorable Mary Jo Present at roll call: Councilman Burley, Councilman Morgan, Councilman Collins and Public Works Supt./Asst. City Manager Luke White, City Attorney Wiley, and Clerk Ford were Haywood Council Chambers. Councilman Palmer also present. OPENING PRAYER AND PLEDGE Mayor Pro Tem Burley gave the invocation and the Mayor and Council led the Pledge of Allegiance to the Flag. APPROVAL OF AGENDA Amotion was made by Councilman Morgan and seconded by Councilman Burley to approve the agenda. Mayor Owens commented he placed a statement of the MEAG balance at their seating location and they need to discuss in this fiscal year setting aside some of the money from the restricted and flexible accounts for the monthly MEAG bill. He asked for a substitute motion to add the item for consideration to designate $2.4 million from MEAG funds to supplement the utility bill over the next 12 months. A motion was made by Councilman Morgan and seconded by Councilman Burley to add the item to the agenda. Councilman Palmer asked what the electricity costs us and what are they selling it for. Mayor Owens replied they are averaging about $900,000 to $1 million per month and what they are paying as a city. For Vogtle 3 and 4 they knew they would be paying a little extra but what they did not anticipate was the clean energy credits. Because of the clean energy being used they are almost where they were before. Councilman Palmer stated he has asked for a number of years for an audit and study on the utility rates as compared to the costs and has yet to receive it. Mayor Owens replied last year as part of the rate study they added the new seasonal agricultural rate in the ECG study and everyone should have gotten that and should have it. What they decided is to not raise the rate and lowered the alternating rate (power cost adjustment). As they go into the new year they can have another look at it and they all have an up-to-date rate study. Voting in favor of authorizing the Mayor and City Clerk/Assistant City Manager Cheryl Ford to communicate to MEAG to take $1.2 million from the restricted account and $1.2 from the flexible account for a total of $2.4 million for the Chief Financial Officer to supplement the utility bill: Councilmen Burley, Morgan and Collins. Voting in opposition: Councilman Palmer. The Mayor voted yes and passed by a 4- 1vote. A motion was made by Councilman Morgan and seconded by Councilman Burley to amend the agenda to add authorization for the Mayor and Assistant City Manager Cheryl Ford to communicate to MEAG to take $2.4 million to help with the utility bill. Voting in favor of the motion: Councilmen Burley, Morgan, and Collins. Voting in opposition: Councilman Palmer. The Mayor voted yes and the motion passed by a 4-1 vote. Page 1of5 CITIZENS AND GUESTS APPROVAL OF MINUTES Sign-in Sheet Attached. The following minutes were presented for approval consideration: September 9, 2024 Council Meeting Minutes October 7, 2024 Work Session Minutes (Motion: Councilman Burley/Second: Councilman Morgan/Passed 4-0) (Motion: Councilman Burley/Second: Councilman Morgan/Passed 4-0) SPEAKER APPEARANCES None ACTION ITEMS ELECTRIC CITIES OF GEORGIA (ECG) FY24 YEAR-END SETTLEMENT Mayor Owens commented they receive year-end settlements from ECG and it is deposited in an evergreen account. He likes to ask Council if they are still good with the deposit going to the evergreen account and asked for a motion to communicate to ECG the deposit the settlement to the evergreen. A motion was made by Councilman Morgan and seconded by Councilman Burley to approve depositing the year-end settlement to the evergreen account. The total distribution amount is $4,456.70 which includes $3,931.62 from the year-end settlement refund and $525.08 from the contract payment reimbursement. The City has a contract with ECG and they do al lot of things for us and from the language, as a default, ECG will apply the total allocation to our member-specific education training and development fund. Voting in favor of depositing the year-end settlement to the education, training and development fund: Councilmen Burley, Morgan, Collins and Palmer. The motion passed by a 4-0 vote. WASTE MANAGEMENT CONTRACT Mayor Owens commented for whatever reason they started the RFP process to receive proposals for our waste management service and it was started a little late in the game. The concern is they will not get enough proposals back before the end of the year and the current contract ends at the end of the year. Waste Management (current provider) was asked if could provide the service month-to-month and is the proposal they have. It is in line with what they are doing now and not too much more than what is being paid. It will be incorporated into the current contract they are operating under, which started in 2019. A motion to approve the First Amendment to the Collection and Disposal of Municipal Solid Waste with Waste Management at the conclusion of the current contract at the rates proposed was made by Councilman Morgan and seconded by Councilman Burley. The motion passed by a4 4-0 vote. PLANFIRST AGREEMENT Mayor Owens commented as they are aware they learned last month the City of Camilla was one ofs six communities selected as a PlanFirst community. The Department of Community Affairs, through a very competitive process, determined the City does what they put in their comprehensive plan. Last year they received a Visionary City Award and a few weeks ago he was in Athens picking up a $1 million CDBG check for infrastructure in the city. With this des- Page 2of5 PLANFIRST AGREEMENT (cont.) ignation they will be eligible to apply each year for the next three years for CDBG funds. The designation is for 2025 to 2027 and there are specific things they have to do during the three year period. The memorandum outlines those things and in December members from the DCA team will be coming to Camilla to formally present an award and in January they will go the Capitol. The City Attorney has reviewed and it is a standard document. A motion was made by Councilman Burley and seconded by Councilman Morgan to approve the Memorandum of Agreement between the Georgia Department of Community Affairs and the City of Camilla. AGENDA AMENDMENT-GIRMA FIRST RESPONDER PTSD APPLICATION, AND Mayor Owens asked for an amendment to the agenda dealing with HB 451 for PTSD insurance for firefighters and first responders in general. A motion to amend the agenda to add the Georgia Interlocal Risk Management Agency (GIRMA) First Responder PTSD Application and Participation Agreement was made by Councilman Palmer and seconded by Councilman Morgan. HR Director Kent Holtzclaw (via phone) provided the Mayor and Council information regarding the bill which passed in March 2024 and becomes effective January 1, 2025. It provides supplemental income and pays a one-time lump sum of $3,000 and up to 36 months of disability income replacement. The quote for the coverage for the first year premium is $4,471 and covers all of the City's first responders. Attorney Wiley commented she had reviewed the information contained in the document and as presented by Kent. A motion was made by Councilman Burley and seconded by Councilman Morgan to approve the GIRMA First Responder PTSD Application and Participation Agreement as submitted and authorize the The motion passed by a 4-0 vote. PARTICIPATION AGREEMENT Mayor to sign. The motion passed by a 4-0 vote. MAYOR'S COMMENTS Mayor Owens commented at about 3:00 PM they got decisions from the Georgia Supreme Court that leaves questions related to the election. They can now look at some of the numbers displayed and what was actually voted prior to the November 5th election. By his count there are close to 200 votes not in the mix and that is before the election. For some of the questions, even with the Supreme Court results today about supersedes and choosing not to address one of the orders and releasing one as moot, it still leaves questions and there are some entities, including the city, that will want answers. They have to be extremely careful as they try to move forward and will continue exploring all options because there are questions that have to be answered. There has been communications and statements as it relates to the Mayor and his role ini this and mayors do not unilaterally cancel elections. It is not their role and without an election superintendent and an assistant election superintendent they had an issue Tuesday morning. There has been communication as it relates to folks wanting to look into what happened. As he has said before, he joins in that and thinks a majority of the folks around the table will want to know also. Councilman Palmer stated an ordinance was passed back in May to allow the mayor to act as city manager when the city manager was not available. At present they do not have a city manager and thinks they should be engaging an interim city manager at the present time and looking for a permanent city manager immediately. Mayor Owens replied he is asking a question that ultimately is a decision for the Council and at any time any councilmember around the table Page3of5 MAYOR'S COMMENTS (cont.) can make a motion. Right now the previous city manager was being paid $130,000/year and that money is no longer ini the budget and they are not paying it. Cheryl Ford and Luke White'spayis already incorporated in the budget. The City is doing fine and no one knows the city administratively better than Cheryl Ford and no one knows the city better, in conjunction with other leadership, the operations side than Luke. They do not raise property taxes or utility rates in the City and with the retirement of Dennis Stroud they have put back $130,000 and Cheryl and Luke literally run the city. They are trying everything they possibly can to work organically and have economic growth in the city. Other counties and municipalities are getting money by raising taxes. Over the last two years, in adjusting the position and pay plan, they have put roughly $400,000 back in the pot and have never run the city this efficiently in the past 20 years. With Dennis Stroud's salary they are over $500,000 in savings over the last two years. They have reduced government nearly one-half million dollars in the last two years with position consolidations and certain positions retired. They only thing they keep hearing is 2023 Visionary City, 2024 one-million dollar CDBG, and 2025-2027 PlanFirst city. They are good but if a councilmember wants to make a motion to add the $130,000 back he is letting them know you can't keep taxes and utility rates low when you are increasing your payroll and folks are already doing the job. Councilman Palmer stated per the Charter they have a city manager form of government and are: not following that by the way they are operating and he did not ask about the rate but about the management. What they have to have is good, efficient and knowledgeable management. They [Cheryl/Luke] have full-time jobs and if they are doing their jobs they don't have time to be city managers. Mayor Owens replied all he can say is 2023 Visionary City, 2024 one-million CDBG, and 2025-2027 PlanFirst city. They have been knocking it out of the park. Respectfully when talking about the resources of the City the money does matter when the job is being done. If they want to assign a title to either Cheryl or Luke it is doable. As Mayor and a retired Marine, for $400/month, he is running around like he is making $60,000 year and loves it and has no problem with it. They are currently using all resources to make sure the quality oflife for the citizens is intact. You start increasing payroll in a post-Covid society where interest rates and things are high you can't go to the citizens asking for more money. One-hundred thirty thousand dollars goes a long way without having to ask the citizens for money. Attorney Wiley commented the ordinance passed last year does not allow the mayor to act in the place of the city manager. It was specifically designed to only be a temporary stop-gap in the event of an emergency and only for as short of a time period as the emergency situation called for. It was not creating an issue in conflict with the charter and is an emergency stop-gap measure in the event something happened and the city manager, for whatever reason, could not be located to handle it. The mayor will temporarily step in only to take care of it and provide information who is responsible to carry out the duties and report back to the city manager. Councilman Palmer stated at the present time they do not have a city manager and he does not agree with her opinion. Mayor Owens stated they had an opportunity to see it in action during the last storm by keeping their eyes on certain things. His first phone call was to Cheryl and he met with Luke on McCree when the storm came in. He thinks there may be some concern that Mayor Owens, in the absence of a city manager, for some reason is going to want to get in there and do X,Y,Z,D and E and that is not the case. Councilman Palmer stated he had another serious concern about the city attorney representing private citizens in court and the City paying for it and is absolutely against Page 4of5 MAYOR'S COMMENTS (cont.) the law. Attorney Wiley replied that it is categorically false and stated Councilman Palmer is repeating the rhetoric of another attorney who has no basis for saying that. She categorically denies it and it is false and she will deal with the misrepresentation and false representation in a different forum that will hold him accountable for his lack of candor to the court. Respectfully she would appreciate if he [Councilman Palmer] would not comment and perpetuate the false statements. Councilman Collins stated a couple weeks ago he saw an interview with WALB where Mayor Owens stated every resource of the city would be available to fight the court order from the Superior Court of Mitchell County. He asked under what authority he had to direct the city attorney without a vote from the Council. Mayor Owens replied he said that on November 4th and some things the city attorney does becomes organic to her job in defending them. If they have an election superintendent involved in a law suit or a court order that is part of what they are trying to do, part of their job description is to answer that. That is not something the Mayor does. As it relates to the resources oft the City, and his quote was to pursue. justice for the City, he [Councilman Collins] is correct. There are certain elements of what they do that would require some degree of Council input. If there is an order or an accusation submitted to the courts or if someone is served with something it automatically triggers the work of our city attorney. Over the last couple months they have been served with orders and everything in between and has become a natural process of what the city attorney does. In the best interest of them and the citizens, if there is an instance where the citizens are put in a position to where they have to defend themselves, and in this case the citizens of the City, the representation is the city attorney. Ifs some say that certain folks shouldn't be sitting on the Council and saying that in their official capacity, they have to defend it. It is not an Owens thing or a mayor thing but it is 100% the responsibility of the city attorney. If you try to enjoin or threaten the assistant election superintendent or the election superintendent to prison it automatically triggers the city attorney. If the Council decides there is an element of justice needs to be defended based on the accusations and official acts of other folks and it happens to do with business around the dais, it will be defended. It is automatic. ADJOURNMENT The meeting adjourned at 7:05 p.m. on motion by Councilman Morgan. BY: ATTEST: 4 KELVINI Oloeefrl CHERYLFARD,CERK M. OWENS, MAYOR Page 5of5 CITY OF CAMILLA, GEORGIA a SIGN-IN SHEET DATE: NOV I 2024 MEETING: COUNCIL TIME: 6 JA.M. SPM WORK SESSION JOTHER: SPLAKER NO: YES NAME ADDRESS TOPIC OF DISCUSSION I PihHagy 1oWilled Ak. 2 Res (2eb 4 354 C 3 wa ep MoLbAn 104 VhoAM 4 Carcone plaukson 9AdLR 5 Mastn 6 fonl Di MayWSHayig Canila Hermhe 7 8 9 10 11 12 13 14 15 16 17 Year-End Settlement and Contract Payment Reimbursement Form Fiscal Year 2024 (FY24) The FY24' Year-End Settlement refund from Electric Cities of Georgia (ECG) applicable to the City of Camilla is-$3,931.62. The FY24 Contract Payment reimbursement applicable tot the City of Camilla is $525.08. The Please complete thei followingi form with respect tot the distribution of the above refund. Your mayallocate all of your refund to one of the options or split thet funds between the three options byi indicating a dollar amount or percentage split. This election form is to be completed by your authorized official. We hereby direct that ECG distribute the funds available from the FY24 Year-End Settlement and Contract Payment Reimbursement for Electric Cities of Georgia, Inc. as follows: total amount available for distribution is $4,456.70. A. EDUCATION, TRAINING & DEVELOPMENT FUND* [00 % $. 4456.70 These funds are specific to your utility, and you may use them fori future training courses provided by ECG. B. REFUNDED VIA CHECK % $ % $ R REFUNDED VIA CREDIT ON ECG BILL 6 Mayor -or- City Manager KELIN Ow6Ns Printed Name By: Date: Nov IL 2024 Please return thei form viar mailore-mails scan! based ont thei information below at your earliest convenience and no later than November: 15, 2024. Asa default, ECG will apply your total allocation to your Member- specific Education Training & Development Fund for forms not received by the deadline. Mail: E-mail: scoleman@ecoga.org Electric Cities of Georgia, Inc. Attention: Sallie Coleman 1470 Riveredge Parkway NW Atlanta, Georgia 30328 FIRST AMENDMENTTOTHE. AGREEMENT FOR THE COLLECTION AND DISPOSAL OF MUNICIPALSOLID WASTE THIS FIRST AMENDMENT, th made this day of NOV. 2024, by and between the CITY OF CAMILLA, a political subdivision oft the State of Georgia, by and through its Mayor and Council, (the "City") and ADVANCED DISPOSAL SERVICES SOLID WASTE SOUTHEAST, INC. WITNESSETH, that in consideration of the terms, conditions and mutual covenants WHEREAS, the parties hereto entered into an exclusive agreement for Residential and Commercial Waste Collection and Disposal Services dated October 14, 2019. WHEREAS, the City and Contractor desire to further extend the term of the Agrecment, document Contractor's compensation during the extended term, and modify certain other contained herein, the City and Contractor agree as follows: provisions oft the Agreement; NOW, THEREFORE. the City and Contractor agree as follows: 1. Term. This Agrcement shall continue for one year expiring on December 31, 2025, Thereafter, the City and Contractor may agree to extend the Agreement with mutual written 2. Rates. Effective January 1,2025, the compensation payable by the City to Contractor for Effective January 1, 2025, the compensation payable by the City to Contractor for commercial collection and disposal shall be based on the number oft times per week service is requested by the consent ofboth parties. residential garbage collcction service shall be $16.08 per month. Customer as follows: lx per weck 2x per week $143.76 $226.89 $249.54 $263.26 3x per week N/A $340.44 $374.11 $349.90 4x per weck N/A N/A N/A $526.53 2YARD $71.88 4YARD $113.45 6YARD $124.70 8YARD $131.63 4. Modification. Except as expressly set forth herein or as necessary to carry out the terms of this Amendment and the Agreement, no amendment of the terms of the Agreement is intended hercby and the Agreement and all its terms and conditions shall remain in full force and effect. Entirety, This Amendment is hereby incorporated into the Agreement and together therewith they contain the cntire Agreement between the parties as to the matters contained therein. Any oral representations or modifications concerning the Agreement shall be of no force and 5. effect. WIEREOF, ljth IN WITNESS dayof_ NOVEMMBGR the parties hereto have set their hands as oft this .2024 CITY OF CAMILLA, GEORGIA ATTEST: < COF TE SEAL SEORGIA Cs 5 By: B Cun fon Title: mAysy iflc CLE ADVANCED DISPOSAL SERVICES SOLID WASTE SOUTTEAST. INC. PRIRE Title: Public Sector Director, SA ATTEST: By: By: Steve Caliards Title: Public Sector Manager STATE OF GEORGIA COUNTY OF FULTON MEMORANDUM OF AGREEMENT BETWEEN GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF CAMILLA This Memorandum of Agreement (the "MOA") is made and entered into this day of 20 ("Effective Date") by and between the Georgia Department of Community Affairs ("DCA"), whose address is 60 Executive Park South, NE, Atlanta, Georgia 30329: and City of Camilla ("Designee"), whose address isl P.O. Box 328, Camilla, Georgia31730, collectively referred to as the Parties. WHEREAS, DCA offers a PlanFirst ("PlanFirst") program that recognizes and rewards communities that clearly demonstrate an established pattern of successfully implementing their local comprehensive plan; WHEREAS, the PlanFirst designation is awarded to local governments on an individual WHEREAS, on May 15, 2024, the Designee applied to be considered an eligible WHEREAS, on September 11, 2024, DCA approved, recognized, and awarded the NOW, THEREFORE, in consideration of the mutual promises contained herein, DCA basis; community under the PlanFirst program; Designee to be designated as a PlanFirst program; and and the Designee do hereby agree as follows: 1. Term: a. This initial term of this MOA shall commence on the Effective Date and shall be for a period of three (3) years from the 1st day, of January 2025 to the 315t day, ofD December 2027, unless terminated pursuant toi thei termination provision contained in this MOA. 2. DCA's Responsibilities: a. DCA agrees to the following: To provide the Designee access to DCA tools and assistance in support of the Designee's plan implementation goals for the duration of this MOA; 1 ii. Toprovide thel Designee state-widei recognition for plani implementation successes: 1. Tor recognize the Designee on DCA's website; 2. To list the Designee on all PlanFirst outreach flyers; 3. To list the Designee on all PlanFirst presentations; and 4. To provide and award the Designee one plaque and one certificate for their recognition as a PlanFirst Designee. iii. To provide the Designee access to three additional bonus points on Housing Tax Credit applications with an approved revitalization plan; iv. To provide the Designee eligibility to compete annually (rather than biannually) for state-administered Community Development Block Grant ("CDBG") funding (Department of Housing and Urban Development CDBG non-entitlement communities, only); V. To provide the Designee interest rate reduction of one hundred basis points (1%) for approved loans through the Employment Incentive vi. To provide the Designee interest rate reduction of one hundred basis points (1%) for approved loans through DCA's Redevelopment Fund vii. To provide the Designee interest rate reduction of one hundred basis points (1%) for approved loans through DCA's Downtown Development Revolving Loan Fund Program ("DDRLF"); viii. To provide the Designee free attendance at any community planning institute event for up to two community representatives per PlanFirst b. DCA agrees to refer the Designee to GEFA for an interest rate reduction of 50 Program ("EIP"); Program; designation cycle; basis points (4%) for approved state loans. 3. The Designee's Responsibilities: a. The Designee agrees to the following: To continue to strive for planning excellence in all areas of comprehensive plan development and implementation; ii. To participate in the PlanFirst program by supporting a staff member's participation as a PlanFirst Reviewer, for application review as well as iii. To participate as a presenter at a community planning institute event, iv. To submit one plan implementation success story for inclusion on DCA's planning success stories and best practices when requested by DCA's program manager (no more than once per year); V. To maintain eligibility as a qualified local government ("QLG") by having an approved comprehensive plan and service delivery strategy and must be current on all required reporting to DCA. In the event of on-site visits to applicant; when and ifcalled upon; 2 loss of the QLG status by a PlanFirst community, the incentives awarded by designation will be suspended until QLG is restored; and vi. To promulgate the comprehensive plan and foster local access to the plan by making it generally available through the community's website. 4. General Provisions: a. Entirety of Agreement: This MOA represents the entire MOA between the Parties and supersedes all prior negotiations, representations, and agreements, b. Amendments: Either party may request changes to this MOA. Any changes, modifications, revisions, or amendments to this MOA, who are mutuallyagreed upon by and between the Parties to this MOA, shall be incorporated by written instrument, and effective when executed and signed by all Parties to thisl MOA. whether written or oral. Termination: - Ifthel Designee violates any ofitsre responsibilities under thisl MOA,DCA shall thereupon have the right to terminate this MOA; however, DCA must give a written notice oft this intention to do so by providing at least ii. Once this MOA is terminated, the Designee shall return any affected loan percentage rates back to the current normal interest rate and discontinue using any PlanFirst branding or identifying marks thirty (30) days notice to the Designee. associated with the PlanFirst designation. d. Authority. The undersigned hereby attests that he is authorized to enter into this MOA on behalf of the Designee and certifies that neither the Designee nor its officials have violated any applicable provision ofstate lawi in the execution ofthis MOA. REMAINDER OF THE. PAGE: INTENTIONALLY, LEFT BLANK] [SIGNATURE PAGE: FOLLOWS] 3 IN WITNESS WHEREOF, the Parties have executed this MOA to be effective as of the day and year first written above. CITY OF CAMILLA GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 6 By: Name: Kelvin M. Owens Title: Mayor By: Name: G. Christopher Nunn Title: Commissioner 4 GEORGIA INTERLOCAL RISKI MANAGEMENT (GIRMA) FIRST RESPONDER PTSD APPLICATION. ANDI PARTICIPATION. AGREEMENT Employers eligible to participate in GIRMA (hereinafter a "Participating Employer" or "Employer"): shall complete this Application and Participation Agreement in order to purchase First Responder PTSD coverage fully insured by MetLife under the GIRMA Fund C Master Policy for a Lump Sum PTSD Diagnosis Benefit, a PTSD Disability (Income Replacement) Benefit, or a Combined Lump Sum PTSD Diagnosis Benefit and PTSD Disability (Income Replacement) Benefit. Once approved by GIRMA's Program Administrator, the Participating Employer will receive a one-page Summary of Benefits identifying the purchased coverage(s) (the "First Responder PTSD Policy") and a link to the Policy Certificate for the purchased coverage(s), so it may make these available to individuals performing service for them as an employed or volunteer "First Responder" as defined below ("First Responders"). Who Does What? GIRMA is the Policyholder of a First Responder PTSD Policy insured by MetLife, which provides a Lump Sum Benefit and a Disability (Income Replacement) Benefit. These coverages together are designed to meet the requirements of the Ashley Wilson. Act (the "Act"), effective January 1,2025. Georgia Municipal Association, Inc., ("GMA") is the Program Administrator for GIRMA. GMA uses information from the First Responder census data provided by the Participating Employer to bill fort the premiums due under the First Responder PTSD Policy and maintains (either directly or through the broker for the First Responder PTSD Policy) Participating Employers' Application and Participation Participating Employers are responsible for providing census data to GMA's broker that identifies all First Responders (as defined below) performing first responder services for them, classifying the First Responders by statutory definition and as employed or volunteer, and identifying those First Participating Employers are responsible for submitting complete and accurate census data and paying premiums to GMA, communicating with First Responders about the coverages the Employer provides, providing the Summary of Benefits and link to the applicable Certificate to First Responders, and providing all requested information and documentation requested by GMA's broker to ensure the Participating Employers are responsible for designating an authorized member ofhuman resources: staff to receive inquiries from MetLife related to work requirements or work status for disability claims and To comply with the confidentiality provisions of the Act, GMA and its broker will not inform Participating Employers whether a First Responder has submitted a claim for benefits or received any Participating Employers are responsible for ensuring that any information in their possession related to claims, and any other information that would reasonably identify an individual as having been diagnosed with PTSD, is used only in accordance with applicable laws and is kept confidential int the same way as mental health information related to an employer sponsored major medical plan or Participating Employers are prohibited by law from taking any employment action solely as a result of MetLife evaluates claims and pays approved claims under thel First Responder PTSDI Policy. All claims First Responders do not need toi inform the Participating Employer that they are making a claim. Neither GIRMA nor GMA have any rolei in claim determination or payment. Agreements. Responders who are First Responders for another Public Entity. census is current. provide all information requested byl MetLife for that purpose. such benefits. employee assistance program. al First Responder's diagnosis, claims, or benefits. for benefits must be submitted tol MetLife. 1 11/1/2024 Definition of First Responder. A First Responder for the Participating Employer is an individual who meets one ori more of the following definitions as ar result ofservices he or she performs for thel Participating Employer as an employee or volunteer: (A)'Communications officer' as defined in Code Section 37-12-1; (B)' Correctional officer' as defined in Code Section 45-1-8; (C)' 'Emergency medical professional' as defined in Code Section 16-10-24.2; (D) 'Emergency medical technician' as defined in Code Section 16-10-24.2; (E)' 'Firefighter' as defined in Code Section 25-4-2; (F)' 'Highway emergency response operator" as defined in Code Section 45-1-8; (G)' 'Jail officer' as defined in Code Section 45-1-8; (H)' 'Juvenile correctional officer' as defined in Code Section 45-1-8; (I)' 'Peace officer' as defined in Code Section 35-8-2; (J)' 'Probation officer' as defined in Code Section 45-1-8; and (K)Law enforcement officer with the Department ofl Natural Resources. Employer Obligations: Employer shall not require any kind ofo contribution from First Responders for the coverage(s) provided Employer is solely responsible for identifying all First Responders (as defined above). Any questions about First Responder status should be resolved by contacting legal counsel. Participating Employers that are members of GIRMA's! Property and Liability Fund may call the GIRMAI HelpLine at 800-721- 1998 for free legal advice about whether ani individual meets the statutory definition. Employeri issolely responsible for keeping an accurate list ofall First Responders, andj providing correct Employer shall submit initial First Responder census data to the GMA broker in the form requested, and must update this census data as requested in order to ensure that alll First Responders are properly The Employer's cost for coverage under the First Responder PTSD Policy will be based on thei most Employer shall provide the Summary of Benefits and a link to the applicable Certificate to all First Responders at no charge, and shall provide a copy oft the applicable Policy to First Responders upon Ifthe Policy is terminated for any reason, Employer shall provide notification oftermination to alll First Whenever requested to do sO by MetLife or GMA, Employer shall provide MetLife or GMA the under thel First Responder PTSDI Policy. and completei information to GMA's broker. identified and classified. recent census data at the time of billing. request. Responders. information requested. Benefits Exempt from Income Tax: from benefit payments. MetLife has determined that benefits it will pay under the policy are not subject to state or federal income taxation. Accordingly, MetLife will not report benefits to the IRS or withhold any amounts MetLife will advise benefit recipients that benefits are not subject to federal or state income tax, sO MetLife will not withhold taxes or provide a 1099 or W-2 or report benefit payments to the IRS. MetLife will remind benefit recipients that the benefits may offset other benefits received by the recipient or have other tax consequences and encourage them to consult their tax advisor for guidance. MetLife will provide a summary of benefits tot the benefits recipient upon request. Legal counsel to GIRMA has advised GIRMA oft the following: 2 11/1/2024 The Ashley Wilson Act provides that benefits payable pursuant to the Ashley Wilson Act Benefits payable under the policy to First Responders (as defined in the statute) are not subject to federal income tax because the Ashley Wilson Act is a statute in the nature ofa workers' compensation act under Treas. Reg. Section 1.104-1(b) and the MetLife policy bases benefits solely on diagnosis of work-related injuries or sickness as described in the Participating Employers have no tax obligations arising from payment of benefits to their are not: subject to Georgia income tax. Act. First Responders. Ad copy of the opinion letter is available upon request. Information Privacy and Sccurity: See the attached PTSD Privacy Notice, which will be posted on the website where policy information is published. This Notice explains the privacy requirements of the Ashley Wilson Act and how As a critical illness and disability policy, the PTSD Program is not subject to the federal information privacyands security law that applies to group! health plans (HIPAA).However, GMA, the GMA broker, and MetLife protect individually identifiable information and use and share it only in accordance with the privacy provisions of the Ashley Wilson Act and any other applicable privacy laws. Participating Employers will provide census data to GMA's broker using a secure portal established! by individually identifiable information: is used and shared. the broker. Desired Coverage (See Attached Proposal for Estimated Annual Premiums): Participating Employer is applying for and agreeing to purchase the First Responder PTSD Combined Lump Sum Diagnosis Benefit and PTSD Disability (Income Replacement) Benefit unless meet the. requirements of the Ashley Wilson. Act. Leave. BLANK ifyou want the full coverage.) The coverage elected above automatically renews at each anniversary of the effective date, based ont then current premiums established by the Program Administrator. Coverage may be terminated in accordance the following option is checked. First Responder Lump Sum PTSD Diagnosis Benefit Only* (Alone, this coverage does NOT with the GIRMA Bylaws regarding termination of membership in a GIRMA Fund. submit this Application and Participation Agreement and agree toi its terms. Print Name: KEWT OWENS Title: MAYoR On behalf of Signature: [City of Camilla), Mitchell County, Georgia, Y&k Date: 1-1-31 3 11/1/2024 Privacy Notice for Georgia First Responders PTSD Program This PrivaçyNotice describes thei individually identifiable information about First Responders that Program Administrators of the Georgia First Responders PTSD Program collect and howi it is used PROGRAM ADMINISTRATORS: Certain employees of Georgia Municipal Association ("GMA") and. Association County Commissioners of Georgia ("ACCG") provide administrative services for the PTSD Program. The Southeastern Series ofLockton Companies, Inc. serves as broker for the MetLife insurance policy that is offered through the PTSD Program. GMA, ACCG, and PRIVACY OBLIGATIONS UNDER. ASHLEY WILSON ACT: The Ashley' Wilson. Act contains privacy requirements for information that "could reasonably be used to identify individuals making claims or who have made claims orv who have received benefits."Theser privacyrequirements were included because federal privacy law (HIPAA) does not apply to the Program. Program Administrators and MetLife treat this information as "sensitive mental health information" and onlyuse and: share the information to operate the Program, prepareaggregated dreports, Communications between First Responders (or their representatives) and Program The Act ensures that First Responders can, gett thel lump sum benefit inaconfidential manner similar to receiving mental health benefits under a group health plan (subject to HIPAA)or under an employee assistance program, and limits interactions with the employer for disability benefits to those allowed for other mental health disability benefits. and. shared. Lockton are all Program Administrators oft the PTSD Program. comply with the law, or as authorized by the First Responder. Administrators or MetLife are confidential and privileged. First Responders submit their claims for benefits directly to MetLife and do not need MetLife will noti inform Program. Administrators of claims or benefits without the First MetLife and Program Administrators will never tell Employers whether a First Responder has made a claim for or received a lump sum benefit (without express For the disability benefit, MetLife will only communicate with a human resources contact at the Employer aboutworkre requirements andworks status, which will indicate that the First Responder has submitted a claim for disability benefits. Due to the nature oft the Program, MetLife does not need to and will not provide any Ifan Employer learns of a claim or benefits from the First Responder or otherwise, toi inform the Employer. Responder's express authorization. authorization). reports of benefits to the IRS or the Employer. Privacy Notice for Georgia First Responder PTSD Program Page1of3 the Employer is prohibited by law from taking any employment action solely as a Employers are required to treat any information they may learn about claims or benefitso confidentially as they would treat mental health information associatedwith Employers are required to designate an employee who is authorized to securely submit eligibility information about First Responders to the Program Administrators' eligibility portal. This informationi identifies which employpesandyolunteer: meett the definition of First Responder and does not contain any information about claims or result of a First Responder's diagnosis, claims, or benefits. agroup health plan or employee assistance program. benefits. PROTECTED INDIIDUALLY IDENTIFIABLE INFORMATION MAINTAINED BY PROGRAM Eligibility Data: A designated representative of each Employer that offers the Program securely submits the followinginformation to the eligibility portal twice ay year: first and last name, social security number, date of birth, type of First Responder (by statutory definition), and employed or volunteer status. This information is used to ensure proper billing of premiums and is securely shared with MetLife to enable MetLife to validate identity and determine eligibility for benefits when First Responders submit claims. To comply with the Act's privacy requirements, MetLife will NOT check with the Employer to determine Information Provided by First Responder: If a First Responder contacts a Program Administrator with questions about the Program, the Program Administrator may collect individually identifiable information necessary to answer the questions or direct the First Responder to the right resource and otherwise communicate with the First Responder. This information may include name, phone number, email, employer, employment status, and other information shared by the First Responder. This information is used to answer the questions and may be shared with other Program. Administrators or MetLife as appropriate Information About First Responder Claims or Receipt of Benefits: Program Administrators do not have access to information about whether a First Responder has submitted a claim for benefits or hasreceived benefits unless the FirstResponder: shares that informationwith the Program Administratorts). MetLife is prohibited from sharing individually identifiable information about claims and benefits with the Program Administrators without an express writtenauthorzation fromi the First Responder. However, Program. Administrators mayl learn about claims or benefits from a First Responder or someone acting on behalf of the First Responder. Program Administrators may share this information with other Program Administrators and MetLife as they deem appropriate for the operation of the Program. ADMINISTRATORS; USE AND SHARING eligibilitywhen a claim is made. for answering the question and for customer service purposes. Privacy Notice for Georgia First Responder PTSD Program Page2of3 Reports that Do Not Include Direct Identifiers: Program Administrators may request reports from MetLife that show use of benefits for purposes of evaluating the Program. These reports will not contain names or other direct identifiers. However, the reports may contain informationfsuchass type of First Responderandg geographic locationofemployenthatc could be used with other information to identify individuals. These reports will be used as the Program Administrators deem appropriate for the operation of the Program and may be shared among the Program. Administrators and with MetLife. Reports that could reasonably be used toi identify an individual shall not be shared except as required by law. PROTECTION OF INDMDUALLY IDENTIFIABLE INFORMATION The Program Administrators and MetLife have privacy and information security policies and procedures and safeguards designed to ensure that individually identifiable information is protected from unauthorized access, misuse, and destruction. These controls are designed to meet a variety of applicable laws. For more information about MetLife's privacy practices, refer to the MetLife Privacy Notice posted on GFRPI5DInsurance.com. Privacy Notice for Georgia First Responder PTSD Program Page3of3 APPENDIXA Georgia Interlocal Risk Management Agency ("GIRMA") Fund CE Election Form for Existing GIRMA Members As stated in Section 6.1 oft the Intergovernmental Contract, a GIRMA member must participate in at least one Fund established by the GIRMA Board of Trustees. The Intergovernmental Contract and GIRMA Bylaws applyt to all GIRMAI members, regardless of the Fund or Funds in which they participate. Terms and This electioni form ist for use by current GIRMAI Members who wisht toj join GIRMAFund Candt thereby offer Fund C Application Information: GIRMA established Fund C on September 4, 2024. Fund Cwill provide fully-i insured lump sum benefits and disability benefits fort first responders entitledi tos such benefits under the Ashley Wilson Act. A coverage description for Fund CH has been filed with the Georgia Department of Insurance and will be made available to Fund C members after approval of membership in Fund Cby Georgia Municipal Association, Inc., the Program Administrator for GIRMA, and the insurance carrier. Toj join Fund C, the governing body oft the GIRMA Member must adopt a Resolution to Add Membership ina a GIRMA Fund and the individual authorized to serve as the Public Entity's primary contact for Fund participation must complete and sign the First Responder PTSD Application and Participation Agreement. Membership in Fund Cis effective when the Application is approved by the Program Administrator and conditions specific to al Fund are set forth int the Coverage Description fort the Fund. PTSD Benefits to eligible First Responders. the carrier. AF RESOLUTIONT TO ADD MEMBERSHIP IN A FUND OF GEORGIA INTERLOCAL RISK WHEREAS, the Public Entity of City of Camilla, located in Mitchell County, Georgia ("Public Entity") is ac current member oft the Georgia Interlocal Risk Management. Agency (hereafter GIRMA), an interlocal risk management agency formed pursuant to Chapter 85 of Title 36 oft the WHEREAS, the governing authority of Public Entity is currently a member of a GIRMA Fund and WHEREAS, the governing authority of Public Entity has reviewed the Fund Election Form attached as Appendix A and the Application and Participation Agreement applicable to the Fund and finds thati iti is int thel best interest of its residents for Public Entity tol be a member of the Fund NOWTHEREFORE BE IT RESOLVED by the governingauthority of Public Entity: 1. The Mayor of Public Entityi is authorized to act on behalf of Public Entity to elect membership int the Fund identified int the Election Form attached as Appendix Al by executing the the Application and Participation Agreement for such GIRMA Fund. 2. The Mayor of Public Entity is designated as Public Entily/srepresentalive to 3. Public Entity may change its representative by making a written request to Georgia Municipal Association, Inc., the Program Administrator for GIRMA 4. This resolution shall be effective ont the date of adoption. MANAGEMENT AGENCY (GIRMA) Official Code of Georgia Annotated; and desires to add membership in an additional GIRMA Fund; and indicated on the Fund Election Form; GIRMA for purposes of Fund participation. NOV EMBEB Adopted this I" day of20_ 24 City of Camilla By: 1 [I-Il-a0a4 Kelvin Owens, Mayor Odub fol Cheryl Ford, Çity ÇJerk Attest: ORCIA 1I-1-2024