STATEWIDE MUTUAL AID AND ASSISTANCE AGREEMENT County/Municipalty: The State of Georgia is vulnerable to a wide range ofnatural and man-made disasters and emergencies. The Georgia Emergency Management Act, as amended (The Act) gives the local governments oft the State the authority to make agreements for mutual aid assistance in emergencies. Pre-existing agreements for mutual aid assistance in emergencies help to ensure the timely provision ofmutual aid assistance and the reimbursement of costs incurred by those parties who render such assistance. This mutual aid agreement is entered pursuant to authorities contained in ArticlesIthrough III, Chapter 3, Title 38, Official Code of Georgia Annotated. ARTICLEI STATEMENT'OF AGREEMENT. DEFINITIONS AND AUTHORITIES This. Agreement: is made and entered into between the participating political subdivisions, which approve and execute this Agréement, hereinafter called "Participating Parties" and the Georgia Emergency Management and Homeland Security Agency (GEMA/HS). For purposes ofthis Agreement, the following terms and expressions shall apply: (1)"Agreement" means this agreement, generally referred to as the "Statewide Mutual Aid Agreement" (2)"Assistance" includes personnel, equipment, facilities, services, supplies and other resources furnished to al Requesting Party pursuant to this Agreement during an emergency or disaster. (3)"Assisting Party" means aparty that provides assistance pursuant to this Agreement during an (4) "Authorized Representative" means a Participating Party's elected or appointed official or employee who has been authorized in writing by that party to: request, to offer, or otherwise to provide (5) "Participating Party" means a county or municipality oft the State of Georgia that has become party (6) "Participating Parties" means the combination of counties and municipalitiés that have become (7)"Requesting! Party" means aj party that requests assistance pursuant to this Agreement during an Any term or expression not defined in this Agreement shall have the meaning specified in the Georgia Emergency Management Act as amended (the Act) and rules promulgated thereunder, unless used in a (SWMAA). emergency or disaster. mutual aid assistance. to this Agreement by its approval and execution oft this agreement. parties to this. Agreement by their approval and execution of this Agreement. emergency or disaster. context that clearly suggests à different meaning. Page 1 of8 Statewide Mutual Aid and. Assistance. Agreement- 2024 ARTICLEI GENERALI PURPOSE The purpose ofthis Agreement is to: 1. Provide the framework to support mutual assistance ini managing an emergency or disaster occurring within any political subdivision that is al Participating Party, whether arising from natural disaster, technological hazard, human caused disaster, civil emergency, community disorders, insurgency,enemy: attack, acts ofterrorism, other significant events orl homeland 2. Identify those personswho are authorized to act on behalfoft the Participating Party signing this Agreement as their Authorized Representative(s) concerning the provision of mutual aid resources and requests for mutual aid resources related to any mutual aid assistance sought from another Participating Party, or from or through the State of Georgia. Appendix A ofthis Agreement shall contain the name(s) oft the Participating Party's Authorized Representative for purposes ofthis Agreement. Appendix A can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. All such amendments to. Appendix A: shall be donei in writing and thel Participating Party shall notify GEMA/HS and all other Participating security activity; and Parties ofs such amendment within thirty (30) days. ARTICLEII ACKNOWIEDGEMENT OF PRINCIPLES Thej prompt, full and effective utilization ofi resources oft the Participating Parties, including any resources on hand or availablé from the State or Federal Government or any other source, that are essential to the safety, care and welfare oft the people shall be the underlying principle on which all Int the event ofa a conflict between any provision ofthis Agreement and any existing intrastate mutual aid agreement affecting a Participating Party, the provisions ofthis Agreement shall be controlling. On behalf oft the governing authority ofe each political subdivision ofthis State participating in the Agreement, the director ofe emergency management ofs such political subdivision will be responsible for formulation oft the appropriaté mutual aid plans and procedures necessary to: implement this articles oft this. Agreement shall be understood. Agreement. ARTICLEIV ARTCPAINGPAKD RESPONSIBILITIES (a)I Its shall be the responsibility ofeach Participating Party to formulate procedures and programs for intergovernmental cooperation in the performance oft the responsibilities listed in this Article. In formulating such plans, andi in carrying them out, each Participating Party, insofar as practical, shall: (1)Protect and assure uninterrupted delivery ofservices, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material; and Page2of8 Statewidel Mutual. Aid: and Assistance. Agreement- 2024 (2) Inventory and set procedures for the loan and delivery ofhuman and material resources, (b) Whenever al Participating Party requires mutual aid assistance from another Participating Party (1) Contacting the Participating Party who is the ownetropemtonempboyer of the supplies, equipment and/or personnel being sought for mutual aid assistance (the Assisting Party); or (2)Contacting GEMA/HS to serve as the facilitator ofs such request for those resources being sought for mutual aid that are owne.lopmatelemp.loyed by Participating Parties (where such Participating Parties have submitted a record ofthose resources to GEMA/HS for such use); and/or, when such resources being sought for mutual aid are wicdloperatcempoye directly by the State of The provisions ofthis Agreement shall only apply to requests for assistance made by an Authorized Representative. Requests may/be verbal or in writing. Ifverbal, the request must be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (I)A description ofthe emergency service, function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, damage assessment, volunteer and donated goods (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable (3) The specific place and time for staging of the Assisting Party's response and a point of contact The Assisting Party will (a) maintain daily personnel time records, material records and a log of equipment hours (or miles, ifappropriate) and (b) report work progress to the Requesting Party at together with procedures forreimbursement and/or the State of Georgia, the Requesting Party may request assistance by: Georgia. and search and rescue; and estimate of the length of time each will be needed; and at that location. mutually agreed upon intervals. ARTICLEV LIMITATIONS Any Participating Party requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this Agreement: in accordance with the terms hereof; provided that iti is understood that the Participating Party who is asked to: render aid may withhold resources to the extent necessary toi meet the current or anticipated needs ofthe Participating Party's own political subdivision to remain in compliance with such Participating Party's policy, rule or law. The. Assisting Party's mutual aid resources will continue under the command and control of their own Page 3of8 Statewide Mutual Aid: and Assistance Agreement- 2024 supervisors, but the organizational units will be under the operational control of the emergency services authorities of the Requesting Party unless the Assisting Party approves an alternative. Ini the event the Governor should declare a State of] Emergency, any and all provisions ofthis Agreement which may conflict with the declared State of Emergency shall be superseded by the terms and conditions contained within the State ofEmergency. ARTICLEVI LIABILITY AND IMMUNITY (a)I In accordance with O.C.G.A. $ 38-3-35(a), no political subdivision oft the state, nor the agents or representatives oft the state or àny political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agercy engaged in emergency management activity. The foregoing shall not affect the: right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 ofTitle 34, Code Section 38-3-30, any pension law, or any act of Congress. (b) In accordance with O.C.G.A. $38-3-35(b), no political subdivision oft the state nor, except in cases ofwillful misconduct, gross négligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member ofany agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3, Chapter 3, Title 38, Official Code of Georgia Annotated; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of title, or pursuant to any ordinance relating toj precautionary measures enacted by any political provisions of Articles 1 through 3 ofsaid chapter and title, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision oft the state shall be liable for the death of or the injury to person or for damage toj property as ai result of any such activity. (c)Itis the express intent ofthe parties that the immunities specified in accordance with O.C.G.A. $ 38-3-35 shall apply in addition'to any other immunity provided by statute or case. law. ARTICLEVI RIGHTS AND PRIVILEGES In accordance with O.C.G.A. $38-3-30(a), whenever the employees ofany. Assisting Party or political subdivision are rendering outside aid pursuant to this agreement and the authority contained in Code Section 38-3-27, the employees shall have the same powers, duties, rights, privileges and immunities as ifthey were performing their duties in the political subdivisions in which they are normally employed. ARTICLEVII REIMBURSEMENT In accordance with O.C.G.A. $38-3-30(b), The Requesting Party shall be liable for any loss ofor damage to equipment used or placed within the jurisdiction ofthe Requesting Party and shall pay any expense incurred in the operation and maintenance thereof. No claim fori the loss, damage or expense shall be allowed unless, within' 60 days after the same is sustained ori incurred, an itemized notice of Page4of8 Statewide Mutual Aid and. Assistance Agreement- 2024 the claim under oath is served.by mail or otherwise upon the designated fiscal officer ofthe Requesting Party. Appendix B ofthis Agreement shall contain the name(s) of the Participating Party's designated fiscal officer for purposes ofthis Agreement. Appendix B can be amended by the authorizing Participating Party as needed with no effect on the entire. Agreement. Appendix B can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. All such amendments to. Appendix B: shall be done in writing and the Participating Party shall notify GEMA/HS and all other Participating Parties of such amendment within thirty (30) days. The Requesting Party shall also pay and reimburse the Assisting Party for the compensation paid to employees furnished by the Assisting Party during the time ofthe rendition oft the aid, as well as the actual travel and per diem expènses of such employees while they are rendering the aid. The reimbursement shall include any amounts paid or due for compensation due to personal injury or death while the employees are engaged in rendering the aid. The term "employee," as used herein, shall mean, and this provision shall apply with equal effect to, paid, volunteer and auxiliary employees and emergency management workérs. Expenses to be reimbursed by the Requesting Party shall include the following: (1)Labor costs, which shall include all usual wages, salaries, compensation for hours worked, mobilization and demobilization, the. Assisting Party's portion of payroll taxes (as employer), insurance, accrued paid leave and other fringe benefits, but not those amounts paid or due as a benefit to the. Assisting Parties personnel under the terms of the Georgia Workers Compensation (2)E Equipment costs, which shall include the fair rental value, the cost of fuel and other consumable supplies, service and repairs. Ifthe equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract for insurance, the Requesting Party may deduct such payment from any item ori items invoiced; and Act; and (3)N Material costs, which shall include the total reasonable cost for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the benefit ofthe. Requesting (4) Meals, lodging and other related expenses, which shall include charges for meals, lodging and other expenses relating tot the provision of assistance pursuant to this Agreement shall be the actual The Assisting Party shall maintain records and submit invoices within 60 days for reimbursement as specified hereinabove and the Requesting Party shall pay the invoice no later than 30 days following Party; and and reasonable costs incurred by the Assisting Party. the invoice date. ARTICLEIX IMPLEMENTATION This. Agreement shall become operative immediately upon its approval and execution by GEMA/HS and any two political subdivisions ofthis State; thereafter, this Agreement shall become effective as to any other political subdivision ofthis State upon its approval and execution by such political subdivision. Page 5of8 Statewide Mutual. Aid and Assistance Agreement- 2024 Any Participating Party may withdraw from this Agreement by mailing notice of withdrawal, approved by the governing authority ofsuch political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority ofthe withdrawing political subdivision has given notice in writing of such withdrawal to the governing authorities ofall other Participating Parties. Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior to the Copies ofthis Agreement shall, at the time of their approval, be deposited with each of the respective effective date of withdrawal. Participating Parties and with GEMA/HS. ARTICLEX TERMOF AGREEMENT This Agreement, once executed, is valid until March 1, 2028. Agreement ofthe Participating Parties to extend the term ofthis agreement at any time during the last year ofits original term or the last year of any subsequent four-year termshall extend the term of this agreement for four years. Each four-year extension shall constitute a separate agreement. ARTICLEXI VALIDITY Ifany provision of this Agreement is declared unconstitutional, or the applicability thereofto any person or circumstances is held invalid, the constitutionality ofthe remainder ofthis Agreement and the applicability thereofto othér persons and circumstances shall not be affected thereby. Agreed: ChiefExecutive Officer - Signature Chief] Executive Officer - Print Name County/Municipality: Date: GEMA/HS Director- Signature GEMA/HS Director - Print Name Date: Page 6of8 Statewide Mutual Aid: and Assistance/Agreement- 2024 6 APPENDIXA AUTHORIZED REPRESENTATIVE The below named individual(s), in addition to the chiefexecutive officer, is/are the "Authorized to request, offer, or otherwise provide and coordinate mutual aid assistance on behalfofthe above- Representative(s)" for (coumtly/mumicpality), and are authorized named county/municipality: Print Name Job' Title/Position Signature of Above Individual Print Name Job Title/Position Signature of Above Individual Print Name Job Title/Position Signature of Above Individual ChiefExecutive Officer -Signature Date: Chief Executive Officer-I Print Name Page 7of8 Statewide Mutuai Aid and Assistance/Agreement- 2024 APPENDIXB DESIGNATED FISCALOFFICERIS) The below named individual(s) is/are the designated fiscal officer(s)" for. county/municipalty) for the purpose ofr reimbursement sought for mutual aid: Print Name Job Title/Position Signature of Above Individual Print Name Job' Title/Position 1 Signature of Above Individual Print Name Job' Title/Position Signature of Above. Individual ChiefExecutive Officer- Signature Date: ChiefExecutive Officer-E Print Name Page 8 of8 Statewide Mutual Aid: and Assistancé Agreement- 2024 Statewide Mutual Aid Agreement (SWMAA) FAQs Why doll need to dot this? Pre-existing agreements for mutual aid assistance ine emergencies! help to ensure the timely provision of mutual aid assistance and reimbursement of costsi incurred by those parties who render such assistance. This agreement also providesthe framework to support mutual assistance in managing an emergency or disaster occurring within any political subdivision that is al Participating Party, whether arising from natural disaster, technological hazard, human caused disaster, civil emergency, community disorders, insurgency, enemy attack, acts ofterrorism, or other significant events or homeland security activities. Participating Partyr means a county or municipality of the State of Georgia that has become party to this Agreement byi its approval and execution oft this agreement. Your GEMA/HS EMI Field Coordinator can What other jurisdictions are involved? assist you with this. What kind of assistance are we talking about? "Assistance" includes personnél, equipment, facilities, services, supplies and other resources furnished to a Requesting Party pursuant to this Agreement during an emergency or disaster. The Assisting Party/smutual aidr resources will continue under the command and control oft their own supervisors, but the organizational units will be underi the operational control oft the emergency services authorities of the Requesting Party unless the Assisting Party approves an alternative. Who will our resources be working for? Whati if myj jurisdiction doesn't want to send resources? oft the jurisdiction's own) politiçal subdivision. What about liability and reimbursement? Aj jurisdiction may withhold resources tot the extent necessary to meet the current or anticipated needs Those issues are covered in Article VII Liability and Immunity, and Article VIII Reimbursement in the Agreement. What if my jurisdiction wants towithdraw from this agreement? Any Participating Party may withdraw from this Agreement by mailing notice of withdrawal, approved byt the governing authority ofs such political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority of the withdrawing political subdivision has given notice in writing of such withdrawal to the governing authorities of all other Participating Parties. Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior toi the effective date ofwithdrawal. SPECIAL PURPOSE LOCAL OPTION SALESTAX INTERGOVERNMENTAL CONTRACT This Intergovernmental Contract (the' "Contract"), isbetween Walton County, Georgia (the "County"), the City of Monroe ("Monroe"), the City ofLoganville ("Loganville"), the City of Social Circle ("Social Circle"), the City of Walnut Grove ("Walnut Grove"), the City ofGood Hope ("Good Hope"), the City ofJ Jersey ("Jersey") andi the City of Between ("Between", and together with Monroe, Loganville, Social Circle, Walnut Grove, Good Hope and Jersey, the "Cities"). PREAMBLE Article 3 of Ohapter 8 ofTitle 48 oft the Official Code of Georgia Annotated, as amended (the "Act"), provides for the_creation of a special district in each county in the State of Georgia and authorizes the imposition of aone percent sales and use tax (the "Sales and Use Tax") in such district for the purposes specified therein! The County and the Citieswisht to continue the Sales and Use' Tax presently in effect, which expires on December 31,2024, and are entering into this Contract for the purpose of specifying the projects to be funded with such Sales and Use Tax and providing for the distribution oft the proceeds of the Sales and Use Tax. In consideration of the mutual agreements of the County and the Cities in this Contract, and for other good and valuable consideration, the receipt and sufficiency of which the County and the Cities acknowledge, the County and the Cities agree as follows: Section 1. Representations ofthe Cities. Each oft the Cities hereby represents as follows: (a) Itis a'municipal corporation as defined by Iaw and judicial interpretation and a "qualified municipality)" as such term is defined in the Act and has been duly authorized to execute and deliver this Contract and to perform its obligations hereunder, and such authorization has not been revoked or rescinded. (b) The execution and delivery oft this Contract by the City, and the performance ofits obligations hereunder,does not violate any provision of the Constitution or laws of the State of Georgia or any order, rule or regulation ofa any judicial or governmental agency binding on the City, or violate or constitute/(with the passage oft time or the provision of notice or both). a breach of or a default under any agreement, contract, instrument, ordinance or other resolution ofthe City or by which the City is bound. (c) To the knowledge of the City, there is no litigation pending or threatened challenging the existence or powers ofthe City or the ability of the City to enter into this Contract, or seeking to restrain or enjoin the City from entering into this Contract or acquiring, constructing ori installing any oft the/projects sought to be financed from the proceeds of the Sales and Use Tax. Section 2. Representations ofthe County. The County hereby répresents as follows: (a) Itisal political subdivision oft the State ofGeorgia and has been duly authorized to execute and deliver this Contract and to perform its obligations hereunder, and such authorization has not been revokedior rescinded. (b) The execution and delivery ofthis Contract by the County, and the performance of its obligations hereunder, does not violate any provision oft the Constitution or laws ofthe State of Georgia or any order, rule or regulation of any. judicial or governmental agency binding on the County, or violate or constitute (with thej passage oftime or the provision ofnotice or both)ab breach of or a default under any agreement, contract, instrument, ordinance or other resolution of the County or by which the County is bound. (c) To the knowledge of the County, there is no litigation pending or threatened challenging the existence or powers of the County or the ability of the County to enter into this Contract, or seeking to restrain or enjoin the County from entering into this Contract, imposing the Sales and Use Tax or acquiring, constructing ori installing any oft the projects ofthe County sought to be financed from the proceeds ofi the Sales and Use Tax. Referendum for Imposition of Sales and Use Tax. Section 3. The County agrees that it will take all actions necessary to call a referendum, to be held in all the voting precincts in the County, on the 21st day of May, 2024, or on such other date as the County and the Cities shall mutually agree, for the purpose of submitting to the qualified voters of the County for their approval, the question of whether or not a Sales and Use Tax of one percent shall be imposed on all sales and uses in the special district'which consists of Walton County, as authorized by the. Act for 24 calendar quarters (six years) for the purpose of funding the projects described in this Contract (collectively the "Projects" or as to any City or the County, the' "Projects" ofsuch City or County). The amount ofmoney to be raised by the Sales and Use Taxi is estimated to be $120,000,000. The Projects and the estimated amount of Sales Tax and Use Tax attributable to each Project is shown on Schedule A attached to this Contract. Section 4. Conditions Précedent. The obligationso ofall parties under this Contract are conditioned upon the following events: (a) The adoption of a resolution by the Board of Commissioners of Waiton County authorizing the imposition oft the Sales and Use Tax and calling the referendum described above. (b) The approval of the Sales and Use Tax by a majority of the voters in the County voting in the election for those purposes as required by the Act. Section5 5. County Sales'and Use Tax Fund: Separate Accounts: No Commingling. Prior to the first date on which the Sales and Use Tax will be collected, the County shall establish a special fund or account designated as the 2025 Special Purpose Local Option Sales Tax Fund for the County (the "Project Fund Account" of the County), and each City shall create a special fund or account tol be designated as the 2025 Special Purpose. Local Option! Sales Tax] Fund fore each such City (each such fund or account, the' "Project Fund. Account" ofs such City). The County shall select al local bank which shall act as a depository and custodian of the Project Fund Account of the County upon such terms and conditions as may be acceptable to the County, and each City shall select al local bank which shall act as a depository and custodian ofthel Project Fund Account ofe each such City upon such terms and conditions as may be acceptable to each such City. All Sales and Use Tax proceeds shall be maintained by the County and each City ini the separate accounts or funds established pursuant to this Section. Sales and Use Tax proceeds shall not be commingled with other funds of the County or Cities and shall be used exclusively for thej purposes detailed int this Contract. No funds other than Sales and Use Tax proceeds shall be placed ins such funds or accounts. Section 6. Procedure for Disbursement of Sales and Use Tax Proceeds. Upon receipt by the County of Sales and Use Tax proceeds collected by the state department of revenue, the County shall immediately deposit said proceeds in the County's Project Fund Account and, within ten (10) business days thereof, disburse the Sales and Use Tax proceeds due to each Cityi in accordance with Section7. Thej proceeds shall be deposited ini the Project Fund Account established by each City in accordance with Section 5. Should any City cease to exist as al legal entity before all funds are distributed under this Contract, that City's share oft the funds subsequent to dissolution shall bej paid to the County as part oft the County's share unless an act ofthe Georgia General Assembly makes the defunct City part of another successor city. Ifsuch an acti is passed, the defunct City's share shall be paid to the successor city in addition to allother funds to which the successor city would otherwise be entitled. Section 7. Prioritya and Order of Project Funding. The parties hereto agree that the proceeds oft the Sales and Use Tax received each month (a) First, the Sales and Use Tax receipts shall be deposited into the Project Fund Account of the County in an amount equal to $480,000 per month, the monthly amount needed for the County to make installment payments to the Walton Industrial Building Authority for the will be applied as follows (andin the order indicated below): acquisition ofthe Public Safety Complex as shown on Schedule. A. (b) Next, the Sales and Use Tax receipts shall be deposited into the Project Fund Account of the County and each oft the Cities in accordance with the percentages shown int the column with the heading "Allocation of Sales and Use Tax Proceeds After Funding the County's Acquisition oft the Public Safety Complex from the Walton Industrial Building Authority" on Schedule B. Except as provided in Section 8 ofthis Agreement, any change to the priority or schedule must be agreed to in writing by all parties to this Contract. Section 8. Completion ofProjects. The County and Cities acknowledge that the costs shown for each project described on Schedule A are estimated amounts. Ifac county project has been satisfactorily completed at a cost less than the estimated cost listed for that project in Schedule A, the County may apply the remaining unexpended funds to any other county project in Schedule. A. Ifac city project has been satisfactorily completed at a cost less than the estimated cost listed for that project in Schedule A, the City may apply the remaining unexpended funds to any other project included for that City in Schedule A. Within thirty (30) days after the Projects of any City have been completed, such City shall file with the County a Certifiçate of Completion signed by the Mayor, City Manager or other Authorized Signatory, setting forth the date on which the final Project or Projects were completed and stating that all Sales and Use Tax proceeds deposited into the Project Fund Account for such City have been applied tot the Project or Projects or otherwise applied in accordance with the Act. Section 9. Audits. (a) Each ofthe Cities and the County shall include ini its annual audit the schedule required by Section 48-8-121 ofthe. Actrelating to each Project approved for such City or the County int the referendum. Each oft the Cities and the County shall publish the report relating to the Projects ofs such City and County as required by Section 48-8-122 of the Act. Each City and the County agrees that the proceeds received from the Sales and Use Tax shall be used by the County or the City, as the case may be, exclusively for the purpose or purposes specified in the resolution calling for the referendum except as may otherwise be permitted under the Act. Each of the Cities and the County shall be responsible for their own expenses incurred in maintaining such records and making any such reports. (b) The County and each oft the Cities shall have no liability to each other for the failure by any City or the County to spend the proceeds received from the Sales and Use Tax for the purposes authorized in the referendum, although the County shall have the right, but not the duty, to seek to enforce the obligation ofeach ofthe Cities to apply the proceeds received from the! Sales and Use Taxi in accordance with the Act and the referendum. Section 10. Other Expensés: Reimbursement, The parties to this Contract acknowledge that the fees and expenses relating to, or incurred incident to, calling the referendum for the imposition of the Sales and Use Tax shall be paid by the County and each City shall reimburse the County for their pro rata share of any such expenses in accordance with the "Percentage of Sales Tax Proceeds for Projects" on Schedule B. The County shall from time to time provide notification to1 the Citiésofany other expenses relating to the Sales and' Use Tax proceeds. Each of the Cities agrees that it will be liable to the County for their pro rata share of any such expenses in accordance with the "Percentage of Sales Tax Proceeds for Projects" on Schedule B. In the event that following the passage oft the referendum relating to the imposition of the Sales and Use Tax, any litigation oft the proceeds of the Sales and Use Tax or other similar matters relating thereto shall occur, the County ort threatened litigation, audit or investigation relating to the imposition of the Sales L. and Use Tax or the use shall have the right on behalfofi itself and the Cities to conduct such litigation or handle such threatened litigation, audit or other investigation and to retain such attorneys and other experts as may be required or appropriate in connection theréwith. The County shall give prompt notice to the Cities oft the institution of any such litigation or threatened litigation, audit or investigation. Each of the Cities agrees that it will be liable to the County for their pro rata share of the costs of such litigation or threatened litigation, audit or investigation, or for the cost of any. judgment or settlement ofs such litigation or threatened litigation, audit ori investigation: in accordance with the Percentage of Sales Tax Proceeds forl Projects" on Schedule B. The Cities agree that any payment required to be madet to the County under this Section shall bei made promptly upon receipt by the City ofa a statement therefor from the County. Nothing in this Section shall preclude any City or the County (either individually or collectively) from seéking repayment from, or from instituting any action against, any other party to this Contract to the extent that any action or inaction on the part of any party or parties to this Contract results inl liability to the County ort the Cities whether directly or indirectly pursuant to1 this Section ofthis Contract, and the costs of any such action shall not be shared as provided in this Section but shall be costs of the parties involved ins such action! Section 11. Term ofthis Contract. The term of this Contract (assuming the conditions precedent in Section 5 have been satisfied) shall expire at the later of (i) October 1, 2031 or (ii) the date on which any moneys held in any accounts or sub-accounts established under this Contract are fully depleted, but in no event shall this Contract run for more than 50 years from the date hereof. Section 12. Arbitration. Thej parties hereto agree tos submit any controversy: arising under this Contract to arbitration pursuant to the provisions ofO.C.G.A. S 9-9-1 ets seq., the Georgia Arbitration Code. Such arbitration shall ina alli respects be governed byt the provisions ofthe. Arbitration Code and the parties hereby agree to comply with and be governed by the provisions of the Arbitration Code as to any controversy sO submitted to arbitration. Section 13. Counterparts. This Contract may be executed in several counterparts, each ofwhich shall be deemed an original and all ofwhich together shall constitute one and the same instrument. Section 14. GoverningL Law. This Contract and all transactions contemplated hereby shall be governed by, construed and enforced in accordance with the laws ofthe State of Georgia. Section 15. Severability. Should any provision of this Contract or application thereof to any person, entity or circumstance be held invalid or unenforceable, the remainder of this Contract or the application of such provision to any person, entityoro circumstance, other than those to whichi iti isl held invalid or unenforceable, shall not be affected thereby, and each provision oft this Contract shall be valid and enforceable to the full extent permitted by law. Section 16. Notices. All notices, demands or requests required or permitted tol be given pursuant tot this Contract shall be in writing and shall be deemed to have been properly given or served and shall be effective on being deposited or placed in the United States mail, postage prepaid and registered or certified with retum receipt requested to the addresses appearing below, or when delivered by hand to the addresses indicated below: (a) Asto/Walton County: Walton County Board of Commissioners Attention: Chairman 111 South Broad Street Monroe, GA 30655 (b) Astolthe Cityo ofN Monroe: City OfMonroe Attention: Mayor 2151 North Broad Street Monroe, GA 30655 (c) Asto'the CityofLoganville: City ofLoganville Attention: Mayor P.O.1 Box 39 4303 Lawrenceville Road Loganville, GA 30052 (d) Astoi the Cityof Social Circle: City ofs Social Circle Attention: Mayor P.O. Box3 310 1661 North Cherokee Road Social Circle, GA 30025 (d) Astot the City ofWalnut Grove: City of Walnut Grove Attention: Mayor 2581 Leone Avenue Loganville, GA 30052 (e) Astothe City ofGood Hope: City of Good Hope Attention: Mayor P.O.Box 10 1691 Highway 83 South GoodHope, GA 30641 (g) As tot the City of Jersey: City of Jersey Attention: Mayor P.O.Box 218 Jersey, GA: 30018 (h) As to the City of Between: City of Between Attention: Mayor P.O. Box 46 1926 New Hope Church Road Monroe, GA: 30655 Any party to this Contract, may, in the manner provided herein for the giving of notices, specify another or different address towhich notices under this Contract must be sent by giving notice thereofto each other party to this Contract. [Signature Pages Follow] IN WITNESS WHEREOF, all parties hereto have agreed as ofthe 13th day of February, 2024. WALTON COUNTY, GEORGIA By: Chairman (SEAL) Attest: Clerk CITY OF MONROE By: Mayor (SEAL) Attest: Clerk CITY OF LOGANVILLE By: Mayor (SEAL) Attest: Clerk [Special Purpose Local Option Sales' Tax Intergovernmental Contract] CITY OF SOCIAL CIRCLE By: Mayor (SEAL) Attest: Clerk CITY OF WALNUTGROVE By: Mayor (SEAL) Attest: Clerk CITY OF GOOD HOPE By: Mayor (SEAL) Attest: Clerk [Special Purpose Local Option Sales Tax Intergovernmental Contract] CITY OF. JERSEY By: Mayor (SEAL) Attest: Clerk CITY OF BETWEEN By: Mayor (SEAL) Attest: Clerk [Special Purpose Local Option Sales Tax Intergovernmental Contract] SCHEDULEA Walton County, Georgia Sales and Use Tax 2025-2030 Project Entity Walton County Estimated Costs of Projects $34,560,000.00 $20,500,000.00 $13,000,000.00 $12,000,000.00 $3,500,000.00 $2,264,000.00 $85,824,000.00 $6,168,477.20 $6,168,477.20 $I,079,483.51 $2,004,755.09 $15,421,193.00 $255,026.12 $623,397.18 $5,440,557.22 $5,015,513.69 $II,334,494.21 $1,400,000.00 $1,200,000.00 $2,124,849.00 $413,482.60 $5,138,331.60 $192,609.96 $87,549.98 $70,039.98 $350,199.92 $36,500.00 $800,000.00 $433,676.00 $63,500.00 $32,000.39 $1,365,676.39 $25,000.00 $25,000.00 $75,823.56 Installment payments to the Walton Industrial Building Authority for the acquisition of thel Public Safety Complex Transportation projects Parksland recreation projects including ther right to make/instalment payments to the Walton County Public Facilities Authority for the acquisition ofthe Walnut Grove Park Building projects Water system improvements Vehicle and major equipment acquisition Public safety projects, vehicles, and equipment Transportation projects Monroe public facilities capital improvements Parks'capital improvements Parksland recreation projects Public safety projects Public utility projects. Transportation projects Waterand sewer projects Public safety projects Parks' and recreation projects Transportation projects Parks' and recreation projects Building upgrades subtotal City of Monroe subtotal City ofI Loganville subtotal City of Social Circle Transportation projects subtotal City ofGood Hope subtotal City of Walnut Grove Vehicles and major equipment Sewer expansiominfasruclure Transportation, drainage, paving ands sidewalk projects Building upgrades Parks! and recreation projects Transportation projects Water/system improvements Building projects subtotal City ofJ Jersey Parks andi recreation projects Transportation projects Building upgrades and improvements $25,000.00 $150,823.56 $25,000.00 $390,281.32 $415,281.32 $120,000,000.00 subtotal subtotal TOTAL City of Between [Special Purpose Local Option Sales Tax) Intergovermmental Contract] SCHEDULEB Walton County, Georgia Sales and' Use Tax 2025-2030 Allocation ofSales and Use Tax Proceeds Allocation of Proceeds After Estimated Monthly Funding Costs of ofCounty's Projects Acquisition of Entity Public Safety Complex from Walton Industrial Building Authority 60.0000% 18.0491% 13.2660% 6.0140% 0.4099% 1.5984% 0.1765% 0.4861% 100.00% Walton County, Georgia! City ofl Monroe City of] Loganville City of Social Circle City of Good Hope City of Walnut Grove City of. Jersey City ofBetween $85,824,000.00" $15,421,193.00 $11,334,494.21 $5,138,331.60 $350,199.92 $I,365,676.39 $150,823.56 $415,281.32 $120,000,000 Includes $34,560,000.00: for the County's installment payments to the Walton Industrial Building Authority for the acquisition of the Public Safety Complex TOTAL [Special/Purpose Local Option Sales Tax Intergovernmental Contract] NOTICE OF CALL OF SPECIAL ELECTION TOTHE QUALIFIED VOTERS OF WALTON COUNTY, GEORGIA NOTICEIS HEREBY GIVEN that a special election has been called to occur on the 21st day of May, 2024, at the regular polling places in all the election districts of Walton County, Georgia (the "County"), at which time there willl be submitted to the qualified voters ofthe County for their determination the question of whether a special sales and use tax of one percent shall be imposed on all sales and uses in the special district consisting of the County for a period of twenty-four consecutive calendar quarters beginning January 1, 2025 to raise an estimated amount of$120,000,000 to be used to finance the following projects: (i) for the City of Monroe, (A) public safety projects, vehicles and equipment, (B) transportation; projects, (C)Monroe public facilities capital improvements, and (D) (ii) for the City of Loganville, (A) parks and recreation projects, (B) public safety projects/(C) public utility projects, and (D)transportation projects; (iit) for the City of Social Circle, (A) transportation projects, (B) water and sewer projects! (C) public safety projects, and (D) parks and recreation projects; (iv) for the Çity of Good Hope, (A) transportation projects, (B) parks and recreation (v) for the City of Walnut Grove, (A) vehicles and major equipment, (B) sewer expansipminfastucture, (C) transportation, drainage, paving and sidewalk projects, (D) building upgrades, and (E) parks and recreation projects; (vi) fort the City of. Jersey, (A) transportation projects, (B) water system improvements, (C) building projects, and (D) parks and recreation projects; (vii) for the CityofBetween, (A)transportation; projects, and (B) building upgrades and (viit) for theCounty, (A) installation payments for the acquisition of the Public Safety Complex, (B) transportation projects, (C) parks and recreation projects including the right to make installment payments for the acquisition of the Walnut Grove Park, (D) building projects, (E) water system improvements, and (F) vehicle and The ballots to be used at such election shall have written or printed thereon parks capital improvements; projects, and (C) building upgrades; improvements; and major équipment acquisition (collectively, the "Projects"). substantially the following: 1/ YES 11 NO Shall a special one percent sales and use tax be imposed in the special district consisting ofWalton County forap period oftime not to exceed 24 calendar quarters and for the raising of an estimated amount of $120,000,000 for the purpose of funding the following projects: (i) for the City of Monroe, (A) public safety projects, vehicles and equipment, (B) transportation projects, (C) Monroe public facilities capital improvements, and (D) parks capital improvements; (ii) for the City ofLoganville, (A) parks and recreation projects, (B) public safety projects, (C) public utility projects, and (D) transportation projects; (iii) for the City ofSocial Circle, (A)transportation projects, (B) water and sewer projects, (C) public safety projects, and (D) parks and recreation projects; (iv) for the City of Good Hope, (A) transportation projects, (B) parks and recreation projects, and (C) building upgrades; (v) for the City of Walnut Grove, (A) vehicles and major equipment, (B) sewer cxpansion/mtrasiuctur, (C) transportation, drainage, paving and sidewalk projects, (D) building upgrades, and (E) parks and recreation projects; (vi) for the City of Jersey, (A) transportation projects, (B) water system improvements, (C) building projects, and (D) parks and recreation projects; (vii) for the City of Between, (A) transportation projects, and (B) building upgrades and improvements; and (vifi) for the County, (A) installation payments for the acquisition of the Public Safety Complex, (B) transportation projects, (C) parks and recreation projects including the right to make installment payments for the acquisition of the Walnut Grove Park, (D) building projects, (E) water system improvements, and (F) vehicle and major equipment acquisition. The sevéral places for holding said election shall be at the regular and established Those residents of Walton County qualified to vote at such election shall be This notice is given pursuant to a resolution of the Board of Commissioners of Notice is hereby further given that the Board of] Elections ofWalton County called voting precincts ofthe election districts ofWalton County, Georgia, and the polls willl be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election. determined in all respects in accordance with the election laws oft the State of Georgia. Walton County and ai resolution oft the Board of] Elections of Walton County. the election herein referenced at its duly noticed meeting on February 16, 2024 by adopting a resolution calling said election. /s/David G. Thompson Chairman, Board of Commissioners of Walton County /s/Lori Wood Chairman, Board of Elections ofWalton County 4 RESOLUTION No. 2023-09 A. RESOLUTION TO DESIGNATE. AN OPEN RECORDS OFFICER FOR THE CITY OF WALNUT GROVE, Georgia was'approved by council on August, 10th, 2023. Council Member Stephanie Moncrief made a motion to appoint the City Clerk as the official records keeper and Council Member Erica Miles seconded the motion to appoint the City Clerk as the official records keeper. All in favor. Motion passed 3-0. 4 RESOLUTION, NO.2023-09 AI RESOLUTION TO DESIGNATE AN OPEN RECORDS OFFICER FOR THE CITY OF WALNUT GROVE, GEORGIA. WHEREAS, the City of Social Circle is al Municipal Corporation oft the State of Georgia; WIHIEREAS, the Walnut Grove is an agency subject tot the Open Records Act of the State WHEREAS, the Walnut Grove is comprised of various departments, boards, authorities WHEREAS, the Open Records Act ofthe State ofGeorgia permits an agency to designate Open Records Officers to receive requests for the inspection or copying ofr records; and WHEREAS, the Mayor and Council of the Walnut Grove believe that designating an Open Records Officers will centralize the open records process and will permit the City to more effectively and efficiently track and complete responses to open records requests; IT IS HEREBY/RESOLVED that the Mayor and Council of the Walnut Grove, in accordance with the provisions ofthe Open Records Act found in O.C.G.A. 55-18-71 designate the following Open Records Officers to receive requests on behalf of the City and all of its and ofGeorgia; and and commissions; and departments: (1) City Clerk (2) In the absénce ofthe City Clerk, the Mayor shall serve as the Open Récords Officers. ITISFURTHER RESOLVED that the City requires that all written requests under the Open Records Act shall be made upon the Open Records Officers designated in this Resolution, and that a copy oft the Request be sent by the Open Records Officer to the City. Attorney. IT IS FURTHER RESOLVED that the City Clerk shall notify the Walton County Tribune and the Covington News, as the legal organs ofthe City and Walton County, that the City ITI SFURTHERRESOLVED that the City Clerk shall ensure that the designated Open Records Officers and their contact information are prominently displayed on1 the City's website. has SO designated the Open Records Officers contained herein. 4 ITI ISSORESOLVED this day of_ 2023. Stephanie Moncrief, Mayor Mayor Pro Tem Council Member Council Member Council Member ATTEST: Kimberly Whitlow, City Clerk APPROVED: ASTOFORM: Anthony O.L. Powell, City Attorney Powell & Edwards, P.C. à Section 4. The effective date ofthis Resolution shall be. August 2023. Iti is SO ordained on this day of August, 2023. City of Walnut Grove, Georgia Stephanie Moncrief, Mayor ATTEST: Kimberly Whitlow, City Clerk APPROVED. ASTO FORM: Anthony O.L. Powell, City Attorney Powell & Edwards, Attorneys: atLaw, P.C. 4 TERMS OF USE for the CITY OF WALNUT GROVE SOCIAL MEDIA 1. All social media platforms used by the City ofWalnut Grove, Georgia will be designated as a Limited Public Forum. The City of Walnut Grove welcomes aj persons right to express his or her opinion and encourages commenter'st to. keep comments relevant to the topic in question. 2. Acomment posted by any member of the public on any City of Walnut Grove, Georgia social media site is the opinion oft the commenter or poster only and publication ofa comment does not imply endorsement of, or agreement by the City of Walnut Grove, Georgia nor do such comments necessarily reflect the opinion or policies of the City of 3. Posting ofany content on the City of Walnut Grove, Georgia's local government's social media site constituteçacceptance oft the Terms ofUsel Policy for the City ofWalnut Grove, Georgia and it is understood that not adhering to these terms may subject one to removal of 4. Posts and comments àre subject toj public disclosure as required by law, including, but not Once posted, the City ofWalnut Grove, Georgia media administrators reserve the right to remove from public view, without prior notice, the following types ofpublic comments: Walnut Grove, Georgia. comments or person as per the terms below. limited to, Georgia's Open Records Act 5.1. Vulgar language 5.2. Personal attacks of any kind 5.3. Obscene, pornographic or other illegal materials 5.4. Sexual comments about or directed to anyone 5.5. Comments or content that promotes, foster or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, genetics, status regard toj public assistance, national origin, physical ori intellectual disability or. sexual orientation 5.7. Comments thatare unrelated to the City of Walnut Grove, Georgia topic that is the 5.9. Comments that/promote particular non City of Walnut Grove, Georgia services or 5.6. Spam or unrelated links to other sites 5.8. Comments thatiadvocate illegal activity subject ofthe post products 5.10. Comments that/promote political organizations or campaigns 5.11. Comments that,infringe on copyrights or trademarks 5.12. Comments made by persons who have blocked any administrator. 5.13. Commercial advertisements or credit card information 5.14. Comments thatdisclose personally identifiable information that may compromise any individuals financial or personal security, including social security numbers, passwords 5.15. Comments that'contain information that may compromise the safety, security or proceedings ofpublic systems or any criminal or civil investigations. 6. Comments will not be removed solely because a commenter expresses disagreement with a City of Walnut Grove Georgia policy or action; however comments on any topic are subject 7. AllofCity ofWalnutGrove social media sites shall be subject to all applicable state and federal laws, local ordinances, policies and standards, including but not. limited.to, legal requirements governing use of copyrighted materials, retention ofrecords and compliance 8. Ac commenter who is repeatedly posting comments falling within the defined criteria for removal or have blocked any administrator are subject to being restricted and/or banned by Administrators may be reached by the contact means listed on the social media page/s. Hours are operation oft the social media page/s are varied and: may only be during times of normal office hours for the City of Walnut Grove, Georgia. Any contact needing immediate attention (such as: notice ofa a safety hazard within the city) should be reported to other to removal based on the criteria set forth in section 5 ofthis policy. with the Georgia Open Records Act. the City of Walnut Grove, Georgia administrators. emergency authorities, most especially ifafterh hours. ntp/Awxowube.ompastA-pumPeT: GEORGIA MUNICIPAL; ASSOCIATION President Randall Walker Mayor, Peny FirstV Vice President Fred Perriman Mayor; Madison Secondy ViceP President Bianca! MotieyB Broom Mayor; College Park ThirdViceP President Andrea Gibby Mayor,) Young Haris Immediate! Past President Julies Smith Mayor, Tfon CEO: andE Executive! Director Larry! H. Hanson MEMORANDUM February 9,2024 TO: FROM: Mayors and Council Members CIO City Managers and City Clerks Harris Andrea Young Mayor, Gibby, to Chair, Georgia Cities Week SUBJECT; Georgia Cities Week, April 21-27 Association Cities' Week from The Georgia Municipal will give cities the opportunity to: is pleased again sponsor Georgia and April 21-27, 2024. This year's theme is "Georgia's Cities: Soaring to New Heights" Share information about the valuable services cities provide to residents, including an inside look into city operations and how cities positively impact their quality of life Highlight successful community projects and infrastructure enhancements Build ori improve working relationships with state leaders and legislators Nowi ini its/25th year, Georgia Cities Week is also an opportunity to celebrate community achievements and recognize volunteers and city employees. Last year, we had more than 185 cities participate, and we received overwhelmingly positive feedback. In order to make this week a success again, we need as much participation as possible. Activities range from the very simple - such as signing a resolution - to the more complex. Each city that signs up will receive a comprehensive resource kit that includes suggested activities, planning tips, helpful handouts and other valuable information to make planning easier. These kits willl be mailed out in February 2024. Enclosed is a form to indicate that your city will participate in Georgia Cities Week. Please fill this form outand return it promptly! Even ifyou! have participated in the past, please take the time to The goodworks of city government often go overlooked, but your participation in Georgia Cities Week willl help educate and inform the public on the value of our municipalities! Connect residents with each other send int this form so we can update our records. Thel Burgess! Building" 201 Pryor Street, SW. Atlanta, GA3 30303-3606. -Tel4 404.688.0472* TollF Free 1.888,488.4462 Website www.gacities.com Malling/ Address: POI Box 105377- Atlanta, GA3 30348 - Cities Week Georgia Georgia CTTES ANTE April 21-27, 2024 Citiess Soaring 1o New Heights Georgia's wyill be] participating im the 2024 Georgia Cities Week! Yes, my city Please send a. Resource Kit to: Contact Name and' Title: Complete Mailing Address: Phone Number: C ) Email Address: City: Please complete this form* and return it to: Georgia Municipal Association ATTN: Georgia Cities Week/Dama Goodall PO Box 105377 Atlanta, GA 30348 Or Email: agoodall@gacities.com has participated in the past, please take a moment toj fill out this form and *Even ifyour city return it sO we may update our records. Thank, you! A City of Walnut Grove PERSONNEL POLICIES HANDBOOK, WALNUT GROVE, GEORGIA Updated6/9/2022 CITY OF WALNUT GROVE EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE Pursuant to the Civil Rights Act of 1964, as amended by the Equal Employment of equal employment opportunity in this City shall at all times adhere toi the spirit and letter of public. Employment practices rules and regulations which guarantee equal employment physical handicap or age Members ofr minority groups standing and security as a City POLICY STATEMENT OpportuniyActof1972, the City ofWalnut Grove, Georgia declares and reaffirms a policy and non-discrimination in providing all services to the Federal, State, and Locallaws, opportunity to all persons without regard to race, color, sex, religion, national origin, will receive impartial consideration fori initial employment and promotion; will possess equal employee; and will have equal opportunity to receive training, develop skills and have individual's abilities to advance. Such opportunities shall be limited only by an opportunity and the requirements of the work force. All activities, facilities, services and training in the town shall be available to all employees sponsored, operated or participated by without discrimination based on race, color, religion, sex, veteran status, age, national origin or handicap. political belief or affiliation, 1 TABLE OF CONTENTS ARTICLE : ENFORCEMENT AND ADMINISTRATION ARTICLE I: PAY PLAN Section 1: COMPENSATORY TIME/OVERTIME ARTICLE II!: RECRUITMENT AND SELECTION ARTICLE IV: PROBATION ARTICLEV: SEPARATIONS Section 1: VOLUNTARY RESIGNATION Section 2: COMPULSORY RESIGNATION Section 3: IMMEDIATE DISMISSAL Section 4: DEATH ARTICLEV: ATTENDANCE. AND LEAVE Section 1: ATTENDANCE Section 2: HOLIDAYS Section 3: VACATIONLEAVE Section 4: PERSONALLEAVE Section 5: INÇLEMENTWEATHER DAYS ETHICS AND CONDUCT Section 1: GIFTSAND GRATITUDES Section 2: OUTSIDE EMPLOYMENT Section 3: POLITICAL. ACTIVITY Section 4: SOCIAL MEDIA USE ARTICLE VII: ARTICLE VII: RECORDS AND REPORTS ARTICLE IX: ARTICLEX: ARTICLEXI: ARTICLE XII: ARTICLE. XIII: ARTICLEXI: ARTICLEXV: POSITION DESCRIPTIONS ATTIRE CITY/PROPERIY HARASSMENT DISCPLINARYACTION ADOPTION OF POLICIES PMPOPTEAOROMAINCBENN 2 ARTICLEI ENFORCEMENT AND ADMINISTRATION forth herein are vested ini the Mayor and Council. The responsibility and authority for the enforcement and administration of the policy set ARTICLEII PAY PLAN Section 1. Compensatory Timel Overtime Employees may accrue compensatory time for hours workedi in excess oft the normalwork up to a maximum accumulation of forty hours with the approval of the Mayor. Overtime for which pay is authorized shall be paid at a rate of one and one-half times the regular hourly work rate, but overtime work is not allowed without approval of the mayor. ARTICLEI III RECRUITMENT AND SELECTION Section 1. When a vacancy occurs, the City should utilize one or more of the following methods to generate a source of applicants for vacant positions: posted on City Hall Bulletin Boards; advertise in a newspaper ofl local circulation; notify the local Georgia Department ofLabor and others. The announcement for the position should include the title, salary range, minimum qualification requirements, manner of making application, and final date on which applications will be accepted. Reasonable effort shall be made to publicize vacancies sO that all potential candidates are informed, and qualified persons are attracted to compete. The Mayor and Council shall review all applications for employment to determine whether the applicant meets the established standards of employment and shall schedule all appointments for interviews with the applicant. The Mayor and Council may remove from further consideration the application of an applicant whom: 1. Does not meet the minimum qualifications established for the position; 2. Has failed to submitan application within the prescribed time limit; 3. Has made false statements of material fact, or practices deception in the application; 4. Has an unsatisfactory employment record of such a nature as to demonstrate 5. Has failed to pass à criminal record check or who has been convicted of a felony or otherwise exhibited dishonesty or public conduct offensive to the sensitivity of 6. Has any other background information which may be detrimental to employment 7. After an offer of employment has been made, has failed to pass a physical 8. Has failed to reportto duty within the time prescribed in an employment offer; 9. Has been employed previously by the City and has been removed for cause, or did not resign in good standing, and is not recommended for reemployment by the Department Director in the department in which the applicant was previously unsuitability for employment by the City; the public at large; by the City; examination or drug! screen as prescribed by City policies; employed. Thel Mayor and Council shall review all applications for employment to determine whether the applicant meets the established standards for employment. When appropriate, examinations of all seemingly qualified applicants may be used, which may be written or oral, or a combination of these. Such tests shall be practical in character and shall relate tothe duties and responsibilities ofi the position forwhich the applicant is being examined. Examination of applicants may also consist of a review of educational experience The Mayor and Council shall make a selection from the applicants and the selected applicant may be offered employment by the City contingent upon the applicant passing Section 2. At the time of employment, the applicant will be required to submit or agree to a department of motor vehicles driving record report, a criminal background check, and a drug screening. The costs for these requirements will be covered by the City. Section 3. It is the policy of the City not to employ members of an employee's immediate family in the same department or to work under the same supervisor. The policy will not allow two members of an immediate family to be employed at the same time if such employment will result in àn employee supervising directly or indirectly a member of his/her immediate family. Ifa conflict of this policy would occur with the marriage of two employees of the City one spouse must be transferred sO as to comply, provided a position is available. If no position is available, one spouse must resign. Ifai transfer or promotion of an employee would violate this policy, the transfer or promotional opportunity necessary to perform the duties of the position. ac drug screen andlor physical examination if required. may be denied. Immediate family for thelenforcement of this personnel Handbook is defined as spouse, parents, son, daughter, brother, sister, and grandparents whether by! blood or by law. No family member ofa any ofthe City Elected Officials shall be hired into a position that violates the above policy for the duration of that Elected Official's term of office. Employees currently working for the City in the same department with immediate on or before 3/1/2010, will be exempt for the purpose of their current position only. family, This policy applies to promotions, demotions, transfers, reinstatements, and new employees. ARTICLEIV PROBATIONF PERIOD The probation period or working test shall be regarded as an integral part of the selection process and shall be utilized for closely observing the employee's work, for most effective adjustmentof a new employee to his or her position, and for rejecting securing the employee whose performance is not satisfactory. Newly hired employees serving any probationary periods are note eligible to apply for other positions within the City The probation period shall be six (6) months in length. If deemed appropriate, the and Council may extend the probationary period up to ninety (90) days by written Mayor notice to the employee. After an employee has completed half of the probationary period, the City may complete a progress reportperformance evaluation on the employee's work. During the probationary period, the employee's: supervisor should tell the employee when the employee is not performing satisfactorily. During probation an employee removed by the Mayor and Council if the employee is unable or unwilling to may the duties of the position satisfactorily or if has committed an offense which is perform considered cause for disciplinary action, or for other reasons consistent with the needs of the town. The chief purpose of all City employment is to serve the needs of the City Govemment, consideration in all matters, including the. Administration of these policies. given paramount be taxpayers, and citizens. Thel besti interests and needs ofthe City shall be ARTICLEV SEPARATIONS Separations ort terminations of employees from the City shall be designated as one of the following: Resignation, Abandonment, Lay-Off, Furlough, Reduction-In-Force, Disability, Loss of. Job Requirements, Death, Retirement, or Dismissal. Ati the time of separation and prior to final payment, all records, assets, and other items of City property in the employee's custody shall be transferred to the Mayor. The Mayor and the separated employee will sign a certification to this effect. Any amount due because of the above shall be withheld from the employee's final compensation. shortage in Section 1. Voluntary Resignation To resign in good standing, àn employee must give at least fourteen calendar day's written notice. An employee leaving in good standing shall be compensated for any unused vacation leave and àccrued sick leave. Any full-time or part-time employee leaving the service in good standing will be compensated for any unused sick and vacation leave accrued. An employee who resigns in good standing shall be eligible for reinstatement eligibility shall not be considered a right rehire as a new employee. Such Section 2. Abandonment and is subject to the normai working probationary period. An employee, who, without valid reason, fails to report for two consecutive workdays without authorized leave, shall be separated from the payroll and reported as an abandonment. Such an employee shali not be eligible for re-employment and shall not be paid for unused annual leave. Section 3. Dismissal; Immediate Dismissal A dismissal is a separation made for definable cause, such as inefficiency, insubordination, other rule violation, ori inability to perform the required work satisfactorily. employee who is unable to perform his or her job satisfactorily because of loss of Any necessary license, or who fails to obtain certification as a job requirement, or who fails to meet other job requirements may be released from his or her position effective immediately. Such an employee shall not be eligible for re-employment and shall not be Any employee who is involved in an accident while he or she is on duty shall be required to submit to a drug and alcohol screening. If the result of the drug screening test is positive, the employee will be released from his or her position immediately. Such an employee shall not be eligiblé for re-employment and shall not be paid for unused annual Any employee who is involved with any acts of fraud or theft will have a review conducted by the Mayor and Council for his or her actions. If the findings of the review substantiate the allegations, the employeé will be released from his or her position immediately. Such an employee shall not be eligible for re-employment and shall not be paid for unused paid for unused annual leave. leave. annual leave. Section 4. Death Ifai full-time employee dies/while serving in a classified position in the City of Walnut Grove, his or her estate shall be eligible to receive payment for his or her accumulated vacation and sick leave. 6 Section 5. Lay-Off, Furlough, Reduction-In-Force # An involuntary separation not involving delinquency, misconduct, or inefficiency shall be considered a lay-off orf furlough or reduction in force. These may be utilized for budgetary and/or business reasons. Tor reduce a departmental workforce, employees shall be laid off on the basis of time of service with the City criticalness of skill and past performance oft the employee. Fora a reduction-in-force, any options of! keeping the effected employees ine employment elsewhere with the City will be given consideration. Section 6. Disability Ifac disability results in the inability to perform the job, and there is no available means to reasonably accommodate the employee, then separation may occur in compliance with the ADA and the following. In cases of disability other than as a result of an on-the-job injury, the Mayor may direct any employee to be examined by a physician. When a disability of any kind is discovered which impairs the ability of an employee to perform the essential functions of a job, or impairs the effectiveness of others, the following action 1. Ift the disability can be corrected, the employee may be allowed a specified reasonable length of time as determined by the Mayor to have it corrected. Ifthe employee fails to take steps to have it corrected within the specified time, the 2. If, in the opinion oft the examining physician, the disability cannot be corrected, the Mayor shall attempt to reasonably accommodate the employee or place the employee in another position where the essential functions of the job can be performed satisfactorily. If that cannot be accomplished without undue hardship, the Mayor may take steps to separate the employee from the City service through may be taken: employee may be subject to disciplinary action or termination. dismissal without préjudice. Section 7. Retirement An employee may voluntarily retire at age 62, which shall be considered a voluntary separation. Ift the employee meets the retirement requirements governing any allocable pension plan covering the employee, then retirement benefits may be paid. The employee's right to benefits shall be determined under the provisions of any retirement plan documents. Article VI ATTENDANCE AND LEAVE The City of Walnut Grove recognizes value in providing a reasonable amount of time with balancing work and personal needs. To be a responsible off to assist employees funds, however, the City must account for any pay provided to 'steward of public time not worked. Paid time off must be charged to appropriate paid employees for time, paid holiday time, or suspension with pay. This and unpaid leave and the eligibility for each. leave, accumulated compensatory of policy defines the available types paid time, and holiday It further provides a framéwork for leave, compensatory administration. SECTION A: DEFINITIONS 1. Forthe purposes of this policy, the following terms and definitions apply: "Immediate a. inthe employee. means the employee's spouse, child, parent, family" brother, and sister, including active step and in-law grandparent grandchild, Immediate family also includes any other person who resides relationships. employee's household and is recognized by law as a dependent oft the b. "Workday" means a day an employee is regularly scheduled to work. Part-time Employee - An employee has been an employee of the city of at C. six least (6) months, of regular schedule thirty-two (32) the City as such. d. Hourly six (6) months, of schedule thirty-wo City as such. Employment. and who works a regular and continuous job with a hours or less per week, and sO classified. by Employeel- An employee has been an employee of the city of at least ard who works a regular and continuous job with a regular (32) hours or more per week, and so classified by the Anniversary is the employees hire date. Salaried Employee - An employee has been an employee of the schedule of thirty-two (32) hours or more per week, and e. Appointed of at least six (6) months, and who works a regular and continuous job with a regular is renewed yearly ont the second Thursday of. January at ar regular council appointment meeting jand sO classified by the City as such. Employment city Anniversary is the employee's appointment date. Section 1.Attendance leave, sick leave and overtime shall be kept on each Records of attendance, annual be determined in accordance with the needs of the employee. The hours of work shall City and the public. 8 Section 2. Holidays service: January 1st- January 17th- The following days are designated as official holidays for employees in the career New Year's Day Martin L. King Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day after The last Monday in May- July 4th, 1stM Monday in September-- 4th Thursday of November- 4th Friday of November- Thanksgiving December 24th- Eve December 25th- December 26th- December 31st- Eve % day Christmas Christmas Day after Christmas % day New Year's *Other holidays may be declared by the Mayor and Council at their discretion. When a holiday falls on a; Saturday, the preceding Friday shall be designated as a substitute holiday and observed as the official holiday of that year. When a holiday falls on a Sunday, the following Monday shall be designated as the official holiday for that year. Exceptions to this rule should rarely be necessary. However, in unusual instances, exceptions may be granted by the Mayor and Council. An employee who is not on approved leave and fails to report on his or her scheduled workday before or after a Regular employees shall be paid for holidays based on the number of hours they normally holiday, shall not be paid for the holiday. work each day. Part time employees will not be paid for holidays. 9 SECTION B: GENERAL PROVISIONS work will be charged to available annual, sick, or personal leave 1. Absences from employees would otherwise work and receive pay. their regular worksite on official business are in leave only for thei time during which they are absent only on days on which eligible 2. Employees who are away from work status and are not charged leave. 3. Employees are to charged from work and are not to be required convenience for the purpose of charging leave. 4. Leave cannot be used before it is accrued or converted. be to remain away from duty as a matter of SECTION C: ANNUAL VACATIONLEAVE 1. Non-temporary employees more hours per week, are eligible who are regularly scheduled to work thirly-two (32) or to accrue annual vacation leave as defined in this policy. 2. Thet following employees are not eligible to accrue annual leave: I. Temporary employees whoy work less than 32 hours per week H. Employees accrue annual leave at the completion of the first 12- 3. Eligible hourly employees Period provided they are in pay status for the required month of Employment annual vacation leave will be available for use at the amount of time. Accrued after it is earned, beginning on hire date. beginning of the pay period 4. Eligible appointed salaried employees accrue annual leave at the Completion Employment Period provided they are in pay of the first 12-month of Appointment of time.. Accrued annual vacation leave will be status for the required amount oft the pay period after it is eamed, beginning on available for use at the beginning scheduled 10 Salaried Employees first year annual vacation leave will appointment date. Appointed be pro-rated from hire date on appointment date. annual vacation leave at the end of 5. Eligible full-time employees accrue they are in pay status for at least 12 each yearly pay period provided months. not in status for the minimum amount of time in pay vacation leave for that pay period. annual vacation leave at the following rates, 6. Eligible employees who are apay period do not accrue annual 7. Eligible employees accrue of continuous service: depending on length I. Full-time employees: I. 1-2 Years II. 3-9 Years II. 10-19 Years IV. 20-29 Years Five (5) Days per year Ten (10) Days per year Fifteen (15) Days Twenty (20) Days begin accruing annual vacation leave at the appropriate H. Eligible employees the first day of the pay period after completing the higher rate on III. The "ength service. required months of continuous of continuous service" begins on the first day an employee entitled to earn leave. Accrual is based on reports for work in a position service. If there is a break in service, the "length of continuous, serviçe" unbroken starts over on the date of rehire, and employees begin continuous annualleave at the lowest semi-monthly accrual rate. IV. When the first day of the pay period is a regularly scheduled of the non-workday period, and an employee reports to work on the first workday to accrue pay of the pay of continuous service is calculated from the first day the length period. leave shall not be carried over from the preceding calendar year. 8. Annual SECTION D: ANNUAL LEAVE USAGE 1. Annual leave may be used for any purpose. 11 employees must requestand receive approval 2. Unless an emergency exists, and the Mayor before using annual leave. 'from their supervisors annual leave request. Prior to A. Supervisors are responsible for approving leave, they must consider factors, approving requests for annual including, but not limjted to: i. workloads, li. deadlines, ii. priorities, iv. officecoverage, and, V. leave. requestedby other employees. leave requests; however, would: annual leave when theleave i. disrupt work schedules, ii. leave work position uncovered, should make reasonable efforts to grant employees' annual B. Supervisors supervisors are not required to grant requested inconvenience the work force or public, or, i. iv. contribute to employees' not meeting performance expectations. leave requests should be reviewed on a case- are to determine whether the absence V. Emergency annual by case basis. Supervisors will be charged to annual leave or unauthorized leave without pay. for planning time off well in advance and notifying 3. Employees are responsible their supervisors as soon as possible workflow while employees are away. 4. Employees are not required leave unless a situation such as the in order to minimize the interruption to to give specific reasons for requesting annual following applies: a. the leave is for an unscheduledlemergeno, absence, is short staffed or has a major assignment pending, or, b. the City the restrictions of an Attendance Plan. C. the employees are under 12 SECTION E: PERSONAL LEAVE USAGE use up to three (3) day of Sick Leave, as defined below, per 1. Employees may leave. anniversary year as personal oft the leave request. 3. Employees must use 4. Personal leave is only Personal leave may be used for any reason upon receiving supervisory approval 2. FLSAlcompensatory time prior to any other leave. avâilable for use by employees during the calendar year following the conversion request. 5. When there is a break in sérvice, personal leave is lost. will need to provide at least 24 hours advance notice of 6. Normally, employees intent to use personal leave. not to give specific reasons for requesting personal 7. Employees are situation required such as the following applies: a. the leave is for an unscheduledlemergen, absence, leave, unless a of Walnut Grove is short staffed or has a major assignment pending, b. the City or, C. the employees are under the restrictions on an Attendance Plan. make every reasonable effort to grant requests to use 8. Supervisors must personal leave. 9. Employees cannot use annual, sick, or personal leave during periods of state-funded wage substitutes, absence in which they are receiving including, but not limited to Workers' Compensation benefits. SECTION F: RESTORING FORFEITED LEAVE sick leave/forfeited during the current period of employment may be 1. Annual and/or restored to cover periods of absence due to employees' personal iliness/disability members. All paid leave and or the illness/disability of immediate family to restoring forfeited leave. compensatory time must be exhausted prior are to submit written requests to their supervisors, which outline the 2. Employees 13 the restoration of forfeited leave. Supporting a statement from the attending health care circumstances that support provider, should be been established. 3. Supervisors are review and approval. SECTION G: ANNUAL PAYOUT 1. NO decumentation, which included maylinclude unless the reason for absence has satisfactorily & to forward requests to restore forfeited leave toi the Mayor for z 36 LEAVE LUMP SUM PAYMENT AND ANNUAL LEAVE ANNUAL LEAVE LUMP SUM PAYMENT AND ANNUAL LEAVE GIVEN WITHOUT THE APPOVAL OF THE MAYOR. PAYOUT WILL BE SECTION H: SICK LEAVE ACCRUAL 1. Non-temporary hourly, scheduled to work thirly-tyo (32) sick leave as defined in this policy. appointed, and salary employees who are regularly or more hours per week, are eligible to accrue 2. The following employees are not eligible to accrue sick leave: a. Temporary empioyees who workl less than 32 hours per week b. Employees 8. Eligible employees of continuous service: a. Full-time employees: accrue sick leave at the following rates, depending on length 1. 60th day to 60 Months Ten (10) Days II. 61-120 Months I. Over 120 Months Twenty (20) Days Thirty (30) Days accumulate up to a maximum of 720 hours of sick leave. Any 3. Eligible employees can of hours is placed in a forfeited status but may be restored sick leave in excess 720 in cases of illness or disability. Leave close of business on the last day of the month. SECTION :: SICKLEAVE USAGE 1. Upon receiving superyisory accrued 720 hours is forfeited at the beyond approval, an employee may use sick leave for 14 absences due to the following: a. Personal illness or disability, b. Exposure to contagious disease, the health of others, C. Dental or medical care; and, d. Dental or medical care, illness, when attendance on duty would endanger accident, ord death ini thei immediate familywhich "Immediate family" means the employee's requires the employee's presence. grandchild, brother, and sister, including spouse, child, parent, grandparent, Immediate family also includes any other active step and in-law relationships. household and is recognized by law as person who resides in the/employee's adependent of the employee. NOTE: Generally, sick leave member should not exceed three (3) immediate healthcare provider etc.).. due to the death of an immediate family non- workdays or (1) workday for is under the care of a family member unless the employee depression, due to a serious health condition (i.e., should be limited to the time necessary for 2. Sick leave for medical or dental care and related travel. the appointment(s) for at least three (3) workdays during a period 3. Employees who are injured/ill sick leave for annual leave during the period of annual leave may substitute ofin injury/liness. a. Ino b. must submit order to substitute sick leave for annual leave, employees to work. within two (2) weeks of returning arequest to their superyisor leave may be required, that justifies the use of sick A statement from their health care provider time in lieu of sick leave. may request to use FLSA compensatory time prior to 4. Employees Employees are not, sick leave. however, required to use FLSA compensatory accrued sick leave balances are generally 5. When there is al break in service, lost when there is a break in service. 6. Ifemployees consecutive employment and forfeited lost. Forfeited leave is also after 24 months' for retirement credit purposes. 7. Employees lost sick leave balances may be restored return to City employment, sick leave may be used or other designated official as soon as are to contact their supervisor 15 possible when sick leaye is needed. When employees are incapacitated, supervisors may accept calls regarding the employees' status from otheri individuals. SECTION J: EVIDENCE FORUSE OF SICKL LEAVE 1. Employees may be required to report each day by telephone to their supervisor of sick or other designated official and to provide satisfactory evidence for use leave. include a Certification of Serious Health Condition a. Satisfactory other evidence'mayl medical statement with similar information, completed by the Form, attending or health careprovider when the reason for leave qualifies as aserious b. Employees cannot be required to provide evidence for use of fewer than 2 days of sick leave in à 30-calendar day period unless they have demonstrated health condition under family and medical leave. excessive or abusiveuse of sick leave. 2. Excessive and/or abusivé use of sick leave is considered a pattern of intermittent, short-term use of sick leave. Establishment ofthis pattern includes, buti is notl limited a. Frequent use of sick'leave in conjunction with holidays, scheduled off days b. Frequent use of sick leave when scheduled for undesirable temporary shifts to: or distribution of pay/checks, ora assignments, or during periods of peak workload, Requesting sick leave for an absence for which annual leave previously been denied, d. Frequent occurrences of illness during the workday, e. Peculiar and increasingly improbable excuses, f. Repetitive use of fewer than 2 days of sick leave in 30 calendar day periods; Priorwritten notification offailuretoa adhere to procedures for approval lofleave, g. inappropriate attendance, or inappropriate use of leave (e.g., Attendance and, Plan). 16 SECTION K: SICKI LEAVE DENIAL 1. Sick leave may be denied for reasons including, but not limited to, the following: a. Excessive or abusivé use of sick leave (See Section! loft this policy), b. Failure to follow procedures for reporting the absence or requesting the use of leave; or, - Falsification of documents. 2. Supervisors should caréfully review the request prior to denying the sick leave and should be able to support the decision to deny the request. SECTION L: RESTORATION OF LEAVE 1. The following leave proyisions apply to eligible employees who are reinstated or re-E employed with the City ofWalnut Grove within one (1)year of the effective date of a staff reduction, thatresulted in their separation from employment. a. Any previously accumulated and unused sick leave will be restored, b. Any fsdfeited leave accumulated at the time of the staff reduction will also be credited to employees, but can only be restored and used under the C. The period of absence between the date of separation and the date of re- instatement or re-employment will not be considered a break in service for conditions identified in Section N ofthis policy; and, the purpose of graduated leave accrual. 2. Ifan employee with preyious state service returns to work on or after July 1, 2003 and remains employed fort two consecutive years, the.employee is eligible to regain accrued sick leave divested when the employee's previous period of service ended. The employee must make application fori the restoration of divested leave and must provide documentation of the amount of divested sick leave. This provision does not apply to forfeited leave. SECTION M: SHORT-TERM LEAVEWITHOUT PAY 1. Employees may be placed on Short-Term Leave Without Pay for various reasons. This leave without pay may be either authorized or unauthorized, as indicated below. Short-Term Leave Without Pay musti not continue fori more thani ten (10) consecutive workdays in acontinuous period of absence.. Al Request for Personnel/Payrol. Action Form must be completed to place employees on Leave Without Pay. 17 2.'Authorized Leave' Without Pay who are absent with supervisory approval, but do not have accrued a. Employees cover the absence, are to be placed in a non-pay status for the period leave to of absence. with approval and choose not to b. Employees who are absent supervisory in a non-pay status for the period use available paid leave are to be placed of absence. 3. Unauthorized Leave Without Pay who are absent without supervisory approval are to be placed in a. Employees status instead of allowing them to use accrued leave for the period anon-pay of absent without approval are subject to disciplinary action, absence. Employees up to and including separation. b. FLSA exempt employees can be placed on Short-term/Other Leave Without Pay for absences fromwork, as indicated above. The act of placing an employee ofit itself, considered a disciplinary action. on unapproved leave without pay is not, in and are absentfromwork on! Leave Without Payt fort the maximum 4. When employees consecutive workdays, one (1) of the following must.occur: period oft ten (10) a. Employees must return to work; b. Appropriate leave or leave without pay must be requested and approved; C. Leave of Absence Without Pay must be requested or, d. Employees must bei terminated from employment. SECTION N: LEAVE OF ABSENCE WITHOUT PAY 1. Managers have the authority to grant leave of absence without pay (LWOP) 2. Leave of absence without pay is generally approved only for medical reasons when determined appropriate. are reasonably expected to be able to return to work. when employees 3. Leave of absence without pay will not be approved for: 18 school attendance is short-term and directly benefits the City a. attending ofWalnut Grove; b. relocation, C. incarceration; or, d. accepting another job. (unless 4. Leave of absence withoutpay shouid be approved only for short periods oftime, unless there are extraordinary circumstances that support an extended period 5. Classified and unclassified employees who are eligible for leave benefits may submitwritten requests forleave of absence without pay for specified periods oft time. 6. Leave of absence without pay do not cause a break in continuous employment. 7. Leave of absence without pay may be either regular or contingent. oft time. 8. Regular LWOP a. Ifr regular leave of absence without pay is approved, the position which the employee occupied, or a position of equal grade and pay is held for b. At the expiration of regular leave of absence without pay, the employee will be returned to work without loss of any rights, if the employee has complied with the employee's return. the terms and conditions outlined in the notice of approval. Walnut Grove maintaining coverage, requests for C. Due toi the needs of City of for regular leave of absence without pay should be closely reviewed. Employees who have already used twelve (12) work weeks of job protected family and medical leave, are generally not granted an additional regular leave of absence without pay. 9. ContingentLWOP a. Ifac contingent leave of absence without pay is approved, the position which b. The City ofV Walnut Grove may fill the position from which an employee is on a C. The employee is entitled to return to work onlyi if a' "suitable vacancy,' as defined int the notice of approval, is available at the expiration of the leave. the employee occupied is not held. contingent leave of absence without pay. 19 d. Since contingent leave of absence without pay does not guarantee an employee the right toreturn to work at the expiration, it may notl be considered a reasonable accommodation under the Americans with Disabilities Act, as amended. 10. Family and Medical Leave (FMLA) a. When absence from worki is due to ai family and medical leave qualifying reason, employees should bé placed on available family and medical leave (with or without pay) prior to placement on leave of absence without pay. b. Iff family and medical leave has been exhausted or is otherwise not available, employees/may request leave of absence without pay. C. Iffamily and medical leave has already been granted and used, requests for authorized (regular) leave of absence without pay should be closely reviewed and may be denied unless there are extraordinary circumstances that support the requests. 11. Request a. Employees are to submit written requests for leave of absence without pay to their supervisor. The request must include the following information: 1. Type ofl leave of absence without pay requested authorized or contingent, II. Reason fori the leave of absence without pay, III. Start date; or, IV. Return date. 'V. Any other information relevant to the request (e.g., statement from b. Requests based on illness, disability or other medical condition of the employee or their family member must include a completed Certification of Serious Health Condition Form or other document containing similar information from the attending health care provider which supports the Clarification may be required from the employee and/or attending health care provider prior to a determination being made on the request for the attending heaith care provider). absence request. leave of absence without pay. 12. Review 20 a. Requests for leave of absence without pay will be reviewed and C determinations madebased on the following: - reasons fori the leave of absence without pay, Il. amount oft time requested, III. employees' documented performance, behavior, and attendance records, IV. needs of the organization, V. employees' years of service; and VI. previous accommodation efforts by the organization. b. Supervisors are to provide written decisions to employees concerning requests for leave of absence without pay in five (5) business days. C. Ifal leave of absencewithout pay is approved, the notification is to specify the terms and conditions of the approval, including the following: 1. Type of leave of absence without pay requested authorized or contingent, II. Start date, III. Return date; or, IV. The terms for return (e.g., return-to-work statement from the attending d. The written approvaljof a regular leave of absence without pay must identify the location and job(s) which willl be available for employees' return to work. e. The written approval of a contingent leave of absence without pay must I. The organizational unit(s) where a suitable vacancy exist; and, II. The specific job(s) in the organizational that have a suitable vacancy. II. In order to be considered a' "suitable vacancy", a position must be properly established, budgeted, and have no other restrictions that must be healthcare provider). include the following; resolved prior to filling the vacancy. 13. Worker's Compensation a, Employees who are absent from work due to work-related injuries, illnesses andlor exposures to occupational disease covered under workers' 21 compensation may request to be placed on unpajd family and medical leave, if appropriate, or leave without pay, rather than use accrued leave to cover the absence. The Leave Election Form must be completed. Employees cannot receive both workers' compensation payments and salary due to using accrued leave for lost work time. 16. Time Limitations a. Regular and contingent leave of absence without pay should be approved for short periods of time unless specific circumstances support approving a longer absence. Approval cannot exceed 12 months. b. A continuous unpaid leave of absence may not exceed 24 months, unless otherwise réquired as a reasonable accommodation. Acontinuous leave of absence without pay may include any combination of the following: . Regular, II. Contingent (and any approved extensions), III. Short-term/other, and IV. Unpaid family and medical leave. 17.Extending a Leave of Absence without Pay a. An extension of a léave of absence without pay beyond the12-month period is approved by the employee's organizational unit. If an extension is approved, it will be on a contingent leave of absence without pay basis only. Such an extension should befora a limited period oft time and cannot be approved formore I. Organizational units should only grant an extension for medical reasons and when the employee's condition indicate that the employee will be able than twelve (12) months for a combined total of 24 months. tor return to work! b. Employees are to request extensions in writing. contingent leave of absence without pay will be considered. Only requests for a C. Requests for extensions must be accompanied by a statement from the attending health care provider which supports the request for the continued d. Authorized officials are to either approve or deny requests in writing and absence. must include the return conditions. e. Employees must notifythe City ofWalnut Grove in writing, oftheiri intent to return to work utilizing the return-to-work statement from their healthcare provider. SECTION O: VOLUNTEER AND ORGAN DONOR LEAVE 1. Employees who are certified disaster service volunteers are eligible for leave with pay in order to participate in specialized disaster relief activities based on a. There must be a disaster within Georgia or a neighboring state with a reciprocal agreement that has been declared by the President or a State Governor. b. The American Red Cross must request the employees' services. the following conditions: C. Employees are to submit written requests for disaster volunteer leave along with supporting documentation to their supervisor. Requests will be reviewed d. Disaster volunteer leave may be granted for up to fifteen (15) workdays (not and either approved or denied on a case-by-case basis. to exceed 120 work hours) in a 12-month period. NOTE: Employees who do not qualify for disastervolunteer leave, but want to participate in disaster relief activities, may request to use annual leave, personal leave, compensatory time or leave without pay 2. Al leave of absence with pay fori thirly (30) workdays will be granted to employees a, For purposes of this policy, 'organ' means a human organ, including an that can be transferred from the body of one person to the body ofanother. eye, b. Employees requesting leave to donate an organ must provide to their supervisor or otherdesignated official a statement from the medical practitioner performing the transplant or from the hospital administrator. This statement must certify that thé employee is donating an organ for transplantation. C. Ifthe organ donation does not take place, any absence will be charged to accrued leave, personal leave, compensatory time or leave without who donate an organ for transplantation. pay. 3. Al leave of absence with pay for seven (7)workdays will be granted to employees who donate bone marrow for transplantation. a. Employees requesting leave to donate bone marrow must provide to their or other designated official a statement from the medical practitioner supervisor the transplant or from the hospital administrator. This statement performing must certify that the employee is donating bone marrow for transplantation. bone marrow donation does not take place, any absence will be charged are to be allowed time during workhours to donate blood, blood platelets b. If the leave, compensatory time or leave without pay. to accrued leave, personal 4. Employees (white blood cells) through the pheresis process. or granulocytes in which blood is drawn from a donor and of which are retained. The remainder is NOTE: Pheresis is a procedure separated into its components, some returned by transfusion to the donor. must request and receive prior approval from their supervisors to workiarea for blood donation. Supervisors may schedule the from work is for the purpose of donating biood, platelets or a. Employees be away from the time to be used for this/purpose ,b. Time away based on the needs of the organization. from the donation. Employees who do not use the granulocytes and to reçover below, at the time of each donation, do not accrue time allowed, as specified any right to additional absence or payment. hours per donation [no more than eight (8) hours per 1. Il. Up to two (2) Up per year) may donate blood. year) may be/granted when employees to four hours per donation [no more than sixteen (16) hours (4) be granted when employees donate blood platelets or donate blood, platelets or granulocytes on non-work time are granulocytes through the pheresis process. C. - Employees who time not to receive least two (2) hours leave, personal leave, a. Employees leave, personal work due to the donation. off/from to vote. If employees' work schedules do not allow at voting purposes. This time is not charged to annual 5. Employees are encouraged either before or after work to vote, the difference in time may be granted to employees/for compensatory time or leave without pay. not eligible for voting time may request to use accrued annual leave compensatory time or leave without pay to vote. b. Early voting days is permissible provided in doing sO minimally disrupts normal business operations. 24 SECTION P: OBSERVING HOLIDAYS 1. The City ofWalnut Grove observers holidays each calendar year on dates declared by the City. City officés are closed, and employees do not report for work on 2. As schedule showing the actual dates that the City of Walnut Grove will be closed to observe State holidays for the coming year will be published annually on the declared holidays, except as noted below. City of Walnut Grove website. 3. Holiday Eligibility a. Salaried employees are eligible for holiday pay. b. Thei following employees are ineligible for holiday pay. - Temporary employees, I: Employees who work less than 32 hours per week C. Ine emergency situations or to meet essential business needs, an agency may require one or more employees to work on a holiday. d. To be eligible for pay on a City holiday, an employee must be in pay status for the full scheduled work shift on either the workday immediately before or immediately after the holiday. "Pay status" means either working or taking e. Employees are not paid for a holiday that occurs the day before they enter f. Employees are not paid for a holiday that occurs the day after they leave City g. Employees are notpaid for a holiday that occurs on their last day of City employment unless the holiday is at the end of their normal workweek. h. Part-time salaried employees are not paid for a holiday that falls on a day they would not have otherwise been scheduled to work. For example, a part-time employee who is scheduled to work Mondays, Wednesdays, and Fridays, - Employees scheduled to work on a holiday who fail to report for any portion approved paid timé off. or reenter State service. employment. would not be paid for a holiday that falls on a Thursday. ànd whose absence is not authorized, will not be of the scheduled duty or time off for the holiday. Such employee granted additional compensation fori the scheduled time notworked andlor may be subject tol leave without pay other appropriate disciplinary measures. Alternative Work Schedules and Holiday Pay: 4. holiday receive pay for the time they a. Employees eligible for paid that day, up to a maximum of eight (8) would,otherwise have hours. b. Employees on alternative - Revert to an 8x5 work 2-week cycle for employees H. Use paid leave to supplement the day; or, Il. Work additional time status the full workeek. oRai work schedules can make upi the additional time by: schedule during the week of the holiday or for a on a 9-8-hour workday schedule, the! holiday pay and receive full pay for during the week of the holiday to remain in pay Time Off or Deferred Holiday Payout: 5. Equivalent deferred holiday time willl be made available to employees been eligible for a paid holiday but were either a. Equivalent time off or who would otherwise! have the entire holiday or whose scheduled day off occurred on a holiday. This excludes part-time equivalent time off or additional required to work on part or for day off occurred on a holiday are not given compensation for thelholiday. b. Equivalent time actually worked on the annual leave, sick leave, days after a holiday e. Employees deferred holiday f. Employees will not be paid the holiday. g. An employee tor report for any portion employees whose scheduled off to observe the holiday will not exceed the time holiday or eight (8) hours, whichever is less. to use deferred holiday time before using Employees may. be required personal leave, or compensatory time. unable to take equivalent time off within 365 calendar d. Employees who are will be paid for the holiday. ofWalnut Grove will be paid for any who separate from the City time not used or paid out prior to separation. for a holiday in advance of the observance of scheduled to work on a holiday who, without prior approval, deferred fails of the scheduled duty will not be granted 26 that was worked on the holiday. Such employee for the scheduled time not worked and/or holiday time for the time (ifa any) may be subject to leave without pay other appropriate disciplinary measures. to Observe Other Réligious Holiday: 6. Request a. for time off from work to Employees may request priority consideration a of Walnut Grove holiday that is not observed as City observe a religious holiday. the request should be made at least seven consideration for up to three (3) workdays b. To receive priority consideration, (7) calendar days in adyance. G. An employee ine each calendar year. d. Employees request denied unless: may request priority for time off for religious observance cannot be the employee are urgently required, and the The duties performed by judgment, is the only person available who employee, in the agency's can perform the duties; or, I. The agency can otherwise be an undue hardship. show that accommodating the request would holiday will be deducted from compensatory time, or time off granted to observe a religious accrued annual leave, personal leave, e. Any paid employee the employee's time available at the time of the observance. Ifthe time, or deferred holiday sufficient annual leave, personal leave, compensatory allow does not have deferred holiday time leave without payfort the absence, to cover the period of absence, the agency must unless doing sO would be an undue hardship. SECTION Q: COURT LEAVE obligation to perform civic duties when 1. City ofWalnut Grove recognizes employees' witness and grants time off to employees for such summoned as a potential juror or 2. An employee may not be discharged, or process which requires the purposes. disciplined, or otherwise penalized because for the purpose of attending a judicial the employee is absent from employment summons forjury duty, or other courtorder proceedingi in response to as subpoena, attendance of the employee. 3. Leave Request and Supporting Documentation: jury duty or to serve as a employee is summoned to perform a. An wno 27 work time and needs to be absent from work is witness during scheduled ofthe summons, subpoena, or other courtorder expected to provide a copy to their supervisor, wheri requesting leave. will not know in advance how much time will be b. Since employees typically obligation, employees may be required to update required to fulfill their court intervals concerning the time needed for absence their supervisor at reasonable from duty. 4. Paid Court Leave Eligibility to non-temporary salaried employees for the a. Paid court leave is granted proceeding ini responsetoa as subpoena, summons for jury duty, or other court order work or process hours. Such paid time off is not charged purpose of attending ajudicial the employee during scheduled to an employee's accrued leave. which requires the attendance of employèes are not eligible for paid court leave: b. The following Allt temporary whowork employees, less than 32 hours per week 1I. Employees 5. Jury Duty: will receive paid court leave while on jury duty for the time a. Eligible employees scheduled to work. Employees will be paid only for the time they are required appear in the opinion ofthe agency, fort the employeei top prepare they are otherwise to reasonably necessary, for or return from jury duty. by the court, plus any additional time that is compensation for time spent serving as a b. Employees will not'receive any regular work schedule. juror that exceeds the employee's kéep any juror fees and travel allowances they receive from C. Employees may the court. 6. CourtAttendance: and Witness Duty Leave: to appear as a witness or required by a court to attend a. An employee summoned be paid in the same manner as an employee serving on a jury. However, an employee otherj judicial proceeding in which they are: a proceeding wiltypically trial, arbitration hearing, or . Charged with a crime, II. Aplaintiff ordefendant, II. Voluntarily appears as a witness, will not receive paid court leave to attend a 28 IV. A witness in a case arising from or related to their secondary employment or outside business activity, V. Testifying for a fee as an expert witness; or, VI. Have other personal or familial interest in the proceeding. 7. When paid court leave is not applicable, the employee must use annual leave, personal leave, compensatory time, deferred holiday time, or take leave without pay. 8. Return from Court Leave: a. Employees are required to report back to work as soon as they are released from jury duty or other court ordered appearance ifthe release occurs before the end of the scheduled workday. Management may require verification from the court showing thetime served. Failure to return timely from court leave isi treated b. Employees who are required to appear in court on behalf ofi the Department are in work status. No leave or leave without pay will be charged. C. Employees who are summoned to appear in court on a State observed holiday or on a scheduled day off, are not entitled to additional time off. as an unexcused absence. SECTION R: VOTING LEAVE 1. The City of Walnut Grove encourages employees to exercise their right to vote in all federal, state, and local elections. Non-temporary salaried employees may be granted paid time off to vote, up to a maximum of two (2) hours per Election Day, as provided in this section. Paid voting leave is not charged to an employee's accrued leave. 2. Voting Leave Eligibility: a. Paid voting leavé is available to employees when their work schedule does not allow them at least two (2) hours (including travel) to vote either before or afterwork. Employees who are scheduled to begin work at least two (2) hours after the polls open or end work at least two (2) hours before the polls close b. Paid voting leave is not available for voting midday. It must be used either at C. Active, salangu,mon-temporaly employees who are rehired retirees of the Employees' Retirement System of Georgia are not eligible for voting leave while receiving retirement annuity payments during the first 1,040 hours of work are not eligible for voting leave. the beginning orend oft the employee's regular workday. performed in the calendàr year. the time necessary to give an employee two (2) hours For example, an mpaOktdsass 3. Voting leave covers only allows only 1% hours to vote either minutes of voting leave. to arrange flexible not eligible for voting either before or afterv workt tovote. before or after work would be eligible for 30 not éligible for voting leave, agencies have the discretion available paid leave, other than sick leave, if they are 4. For those employees work schedules for voting purposes. Agencies may also allow employees to use other leave or need more than two (2) hours to vote: voting leave on early voting days, ifit determines 5. Employees may be allowéd paid normal operations. This att the supervisor discretion. that doing so minimally disrupts 6. Requesting Voting Leave! for requesting and obtaining approval from their disrupts normal agency operations. a. Employees are responsible of taking time off to vote and should schedule the time supervisor in advance off in a manner that minimally SECTION S: INCLEMENT WEATHER DAYS inclement weather days at the discretion of the Mayor. Employees may be granted inclement weather days that are granted. Employees will be paid for any Article VII Ethics and Conduct Section 1. Gifts and Gratuities: An employee individuals with whom he or government. negligible value which arè social courtesies which promote good public obtaining loans from regular inspectors, contracting officers, and shall not accept gifts or loans, from organizations, business concerns, or she has officiai relationships on business of the City distributed generally, nor to prohibit employees from accepting to the acceptance of articles of These limitations are not intended prohibit relations, nor to prohibit employees from important that lending institutions. It is particularly enforcement officers guard against 30 relationships which might be construed as evidence of favoritism, coercion, unfair advantage or collusion. Section 2. Outside Employment No employee may engage in any paid employment in addition to his or her employment with the City which interferes with-efficient performance of his or her duties and/or which presents a conflict of interests. Failure to comply with this rule will constitute grounds for dismissal. Section 3. Political Activity A. Prohibitions against Political Activity: No City employee shall hold an elective office in the City government, nor shall he or she solicit any contributions or assessments, or sérvices, nor publicly endorse any candidate for any City elective B. Political Rights of City Employees: Nothing herein contained shall effect the right of the employee to contribute to, hold membership in, serve as an officer of, or support a political party, to vote as he or she chooses, to support or campaign for state or national political candidates, to express privately his/her opinions on all political subjects and candidates, to maintain political neutrality, or to attend - Exceptions to this/Rule: Any employee who, as a normal foreseeable incidental function to his/her/principal job or position, performs duties in connection with an activity financed in whole or part by federal loans or grants, comes under the 1. Use of official! authority or influence for the purpose of interfering with an election or nomination for office or affecting the result thereof. 2. Directly or indirectly coercing, attempting to coerce, or advising any other such officer or employee to pay, lend, or contribute any part of his/her salary or compensation or anything else of value to any party, committee, organization, office. political meetings. Federal Hatch Act, which prohibits the following: agency or person for political purposes. 3. Active participation in political management or in polticalcampaigns. Section 4. Social Media Use Social media includes all types of communication shared in an electronic format, including Facebook, Twitter, YouTube, blogs, wikis, e-mail, social networks, instant messaging, and video-hosting sites, as well as emerging technology that encourages sharing and electronic Some additional guidelines around social networking are important to remember. collaboration. Each vehicle has its own style and privacy options. of time ftime you spend on social media while during working 1. Tryto limit the amount hours. 2. Do not use city 3. Donots equipment tto access personal social media. of City work uriless the City has share information, pictures, or work examples sites. credibility as a staff images, and work examples on social media approved such use, 4. Consider the information being member and your ability toperform your distributed and its impact on your duties. consider friends" access to your personal information, and carefully 5. Only allow "true what you post about your networking sites professional activities and environment on personal social to follow the ethical and professional 6. Remember that staff members are expected standards and associatedprocdures. 7. Ifyou choose to post is a positive reflection oflyour community. 15 Useful Social Media Tips information that information about your work, strive to post onlyi the efforts working for the City and interacting with 1. Do nots share confidential information. applicable laws and the Code of Ethics. the City's time and property. You 2. Obey media should in personal social participate 3. Respect conversations on your own time. have serious consequences. Once 4. Use your best judgment. What you write may can't "get it back." Even deleting the you post something on social media, you you bear sole responsibility for what 5. Replace error with fact. When you see misrepresentations and correct the error. Always do sO post doesn'tmean t's truly gone. Ultimately, in social media, you may certainly identify with respect and with the facts. 6. Be aware of the image you representing yourself and the City. service as a professional educator or employee. 7. Be cautious with information identifiable information. Be cautious you post. made about the City present. Any time you engage in social media, you're Don't do anything that discredits you or your sharing. Maintain privacy settings on your social regularly, and don't give out personally media account, change your passwords about the personal details you share on the 8. Avoid the offensive. Don't post any defamatory, hateful, or otherwise offensive Internet. libelous, vulgar, obscene, abusive, profane threatening, racially or ethnically or illegal information or material. 32 Don't post any information that would infringe upon the Don't post information or other material protected by 9. Don't violate privacy. proprietary, privacy, orpersonal 10.Don't violate copyright. 11.Don't misuse trademarks. rights of others. owner. copyright without permission of the copyright endorseménts. Don't use the City's name to endorse or promote 12.Make no political positions, or religious ideologies. products, yourself. Don't disguise, impersonate, or otherwise 13.Do not misrepresent identity or affiliation with any other person or entity. misrepresent your to promote, 15. Follow terms of service. and follow them. Forexample, its terms of service. yourself for personal or financial gain. Don't use the City affiliation 14.Don'tp promote endorse or benefit yourself or any profit-making group or agency. Be familiar with a social media site's terms of service having two personal profiles on Facebook violates Article VIII Records and Reports Af file shall be prepared performance reports, etc. and maintained for each employee. This file shall contain a copy separations, disciplinary actions, of all personnel documents including appointments, 33 Records Act, which permits extensive disclosure of personnel Subject to the Open jeçords, all personnel records shall be considered confidential and available only to the information which is available to the employee and City officials except for the following public during normal working hours: name, class, title, and salary. be kept for seven years after the termination of the employee. Employee records shall Article IX Position Descriptions Section 1. Job Descriptions shall be retained by shall be issued upon employment, fori the position applied for. One copy Job descriptions the employee for personal records, and one copy shall be endorsed department for safe-keeping, and shall by the employee and retained by the personnel be placed within the personnel file. Article X. Attire. While the City does not a wide dress code, employees are expected to be specify City work hours. As representatives of the City clean and neat in appearance during professional image. In certain types of jobs, employees should present a business-like The employees may be required,to wear uniforms. "casual days". Dress on casual days may be less formal, but designate specific days as City may should be clean, always it should and suitable for the work place. If lettered or illustrated clothing is worn, neat, moral, religious, personal or other opinion. Clothing not promote a particular political, required to change inappropriate dress or clothing in the future. Employees who do not comply standards may be subjectto disciplinary action, up to and including employment. The City may require employees to wear identification badges is prohibited. Employees may be with established dress code which is obscene, vuigar, offensive, or inflammatory instructed not to wear the same or similar separation from. issued while are not to wear these identification badges while away at work or on duty. Employees from the work place duringoff-duty hours. Article XI. City Property. City property is to be used for work-related reasons only. Employees are not to use, of for other than work-related reasons. City misuse or permit the use City property fax machines, copiers or property includes, but is not limited to: computers, telephones, prohibited vehicles, work areas and furniture. Employees are other equipment, supplies long-distance telephone calls to the City unless work related. from making or charging local telephone calls of infrequent, short duration The receiving and making of 34 is permitted. These privileges may; however, be withdrawn if abused. Voice mail messages should be professional, business-like and communicate accurate information. Employees are responsible for reporting misuse of City property to their supervisors, human resource representatives or other appropriate officials. Misuse of City property may result in disciplinary action, up to and including separation from employment. Article'XIL. SECTIONI. HARASSMENT 1. ALL UNLAWFUL HARASSMENT PROHIBITED: It is the policy of the City that every person employed by the City will be required to act in a manner reflecting our respect for the inherent human dignity of every person. Every person is to be treated as equally worthy of our respect, without reference to that person's race, age, color, religion, national origin, sex, political belief or affiliation, veteran status or disability. Any harassment of any employee will be considered to be a serious violation of the Cily'slemployment principles and will not be tolerated. 2. SEXUAL HARASSMENT: The City is committed to a workplace free of sexual harassment and prohibits any kind of sexual harassment. Sexual harassment is any unwelcome sexual advances, requests for sexual favors, and other verbal or a. Submission to such conduct is made explicitly or implicitly a term or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C. Such conduct has the purpose or effect oft unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or physical conduct of à sexual nature when: condition of an individual's employment, or offensive work environment. 3. HARASSMENT COMPLAINT PROCEDURE: Any employee who has a complaint of any harassment at work involving supervisors, co-workers, or visitors must bring the problem to the attention of the employee's supervisor, the Department Director/Elected Official or the Human Resources Office. If the complaint involves someone in the employee's direct line of command, then the employee should go to the Human Resources/Ofice with the complaint. Any supervisor observing or having knowledge of any harassment, whether sexual in nature or not, must immediately report the matter to the employee's Department Director/Elected Official or to the Human Resources Office. All harassment complaints will be promptly investigated. Confidentiality will be maintained to the greatest extent possible. When justified, appropriate corrective action will be taken, including termination of any person engaging in harassment, to remedy all violations of this policy. Any retaliation taken as a result of a personmaking a complaint under this policy is strictly prohibited. 25 SECTION.2: WORKPLACE VIOLENCE The City maintains a zero tolerance policy toward workplace violence, or the threat of violence, by any of its émployees, customers, the general public, or anyone who conducts business with the City. It is the intent of the City to provide a workplace, which ist free from intimidàtion, threats, or violent acts. The above complaint procedure (Section 1, #3) should befollowed to report any workplace violence. Article XIII DISCIPLINARY ACTION SECTION A: TYPES OF DISCIPLINARY ACTION Following are alternatives for disciplinary action: 1. VERBAL REPRIMAND: The Mayor may administer a verbal reprimand to correct detrimental employee behavior or poor work performance, and will keep a written record of verbal reprimands. Verbal reprimands may be made a part of the employee's personnel file. Such record maintained should include time, date, and a brief description ofthe problem and direction given the employee. An employee 2. WRITTEN REPRIMAND: The Mayor.may submit a written reprimand to an employee that has been previously given a verbal reprimand when the verbal reprimand has not resulted in the expected improvement, or when more severe initial action is warranted. A written reprimand is accompanied with a personal counseling. Copies shall be placed in the employee's personnel file. Written reprimands must contain specific time, date, offense, place of offense, the signature of the employee, and a statement of expected corrective action to be taken by the employee. The employee involved may submit a written response to 3. SUSPENSION: The Mayor may suspend an employee with or without pay for disciplinary reasons. A written statement specifically setting forth reasons for suspension and duration of the suspension shall be furnished to the employee. Copies of the suspension shall be placed in the employee's personnel file. 4. DEMOTION: Mayor and Council may demote an employee to a lower paying 5. DISMISSAL: The Mayor and Council may dismiss an employee as outlined in this article. The employee shall attend a private conference, and be furnished notice of dismissal in writing, stating the reasons for dismissal. Copies shall be filed with the Human Resources Officer and placed in the employee's personne! file. Procedures for appeal of a dismissal are provided in Chapter IX, Section C. may submit a writter response to the oral warning. the apparent infraction. position only if a position is available. by 36 Dismissal would indicate that the occurrence(s) have affected the morale, effectiveness, and/orf functioning of the City. SECTION B. REASONS FOR DISCIPLINARY ACTION Listed below are some! of the reasons for which disciplinary action may be taken ranging from a verbal wèrning to dismissal. The list is not limited to include all offenses for which disciplinary àction may be taken, but does include many of the most commonly encounteredones: 1. Being convicted of (a) a felony or (b) a misdemeanor involving moral turpitude, immoral conduct, or indecency, DUI, domestic violence; 2. Being absent.without leave; 3. Excessive tardiness - including returning from breaks and/or lunch; 5. Inefficiency, regligence or incompetence in performance of duties; 4. Abuse of leave; 6. Insubordination; 7. Careless, negligent ori improper use of City time, property or equipment; 8. Falsification of records or wilfully giving false statements to supervisors, 9. Violation of City ordinances, administrative regulations or department rules, including without limitation the City Drug-Free Work Place policy. 10.Instigation of participation in, or leadership of strike, work stoppage, slow down, artificial restriction ofproductive work or otherwise interfering with the officials or the public; work of other City employees. 11.Theft or misappropriation of property, of employees or the City 12.Fighting on the job at any time; 13.Carrying weapons of any kind (knives, firearms, explosives), unless job- related and specifically required as a condition of employment; or illegal 14.Political activity in conflict with the Ethics and Conduct section of this policy; possession of weapons on City premises at any time; 37 15.Repeated rudeness or intemperate statements to the public, supervisors, officials, or fellow employees; 16.Disregard of safety rules or common safety practices; 17.Gambling on the job at any time; 18.Babysitting children while on duty 19.Any violation of the City's Code of Conduct or any Individual Departments Code of Conduct. ARTICLEXIV ADOPTION OF POLICIES SECTION. A. AMENDMENT The policies of this Handbook may be amended by the Mayor and Council provided that anotice oft the proposed changes to these policies shall be posted at a conspicuous place in the Cily for a period of at least fourteen (14) days prior to the effective date of the amendment, with copies ofthe Amendment provided to the employees. SECTION B. CONSTITUTIONAL AND ELECTED OFFICERS Nothing ini these policies isi tol be construed as a limitation on the constitutional or statutory duties, responsibilties and powers of the constitutional or elected officers. SECTION C. SEVERABILITY It I is intended that the provisions hereof be severable and should any portion be held invalid, such invalidity shall not affect any other portion. SECTION D. REPEAL OF/CONFLICTING POLICIES All Resolutions or Ordinances or Policies or sections thereof in conflict herewith are hereby repealed. ARTICLEXV EMPLOYEE ACKNOWLEDGEMENT The policies herein are not intended to represent and are not, in whole or in part, either an implied or written contract. The employment relationship between the City and any employee is at-will and may be terminated with or without cause and with or without notice, at any time, at the/discretion of the City Only the Mayor and Council have the authority to alter the at-will nature of this relationship. 38 This Handbook is intended for information purposes only. It does not contain all the information you will need jduring the. course of your employment. You will receive additional information through various notices as well as orally through your supervisor The City is committed to reviewing its policies, procedures and benefits periodically. Accordingly, the policies, procedures and benefits outlined in this Handbook are subject to review and change by the City at any time, although the City will strive to give you Please acknowledge receipt of your copy of the City Personnel Handbook and return to the Mayor for inclusion in your personnel file within three (3) days of employment. and the Mayor. advance notification. a My signature below acknowledges that I have received this Handbook of policies, and thatlunderstand it is my résponsibility to read and comply with the guidelines described init. Printed Name Signature Date 39 Ordinance No. 2023-10. AN ORDINANCE TO DELETE CHAPTER 3-002 OF THE CODE OF ORDINANCES, CITY OF WALNUT GROVE, GEORGIA; AND CREATE Ai NEW ORDINANCE TO BE DESIGNATED AS "CODE OF ETHICS" TO PROVIDE. A NEW CODE OF ETHICS AND CONDUCT TO GOVERN THE ETHICS OF ELECTED AND APPOINTED OFFICIALSOF THE CITY; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR CODIFIÇATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES was approved by council on August 10th, 2023 during the Regular Council Meeting. Council Member Stephanie Moncrief motioned to approve the Ethics Ordinance. Council Member Erica Miles seconded.All: in favor. Motion passed 3-0. ORDINANCE! NO. 2023-10 AN ORDINANCE TO DELETE CHAPTER 3-002 OF THE CODE OF ORDINANCES, CITY OF WALNUT GROYE, GEORGIA; AND CREATE. A NEW ORDINANCE TO BE DESIGNATED AS "CODEOFI ETIICS'TOPROVIDE AJ NEW CODE OF ETHICS. AND CONDUCTTO GOVERNTHE: ETHICS OF ELECTED AND APPOINTED OFFICIALS OF THE CITY; TOI PROVIDE. FOR PENALTIES; TOI PROVIDE. FOR CODIFICATION; TOPROVIDE! FOR SEVERABILITY;TOREPEAL CONFLICTING ORDINANCES;TO PROVIDE AN: EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority ofthe City of Walnut Grove, Georgia is authorized by O.C.G.A. $ 36-35-3 to adopt ordinances relating to its property, affairs and local government; and WHEREAS, the duly elected governing gauthority ofthe City ofWalnut Grove, Georgiais WHEREAS, the governing authority deems it essential to the proper operation of democratic government that thej public officials be, and givei the appearance ofbeing, independent, impartial, and responsible tothe people; that governmental decisions and policies be made in the proper channels ofthe governmental structure; and that public office not be used: forp personal gain; thel Mayor and Council thereof, and and WHEREAS such measures are necessary to provide the public with confidence in the WHEREAS it is the policy of the city that its elected officials, commission, board and authority appointees, and itslappointed officials while conducting city business guide their ethics integrity ofits government. and conduct to achieve the: following standards: 1. Serve others and not themselves; 2. Bei independent, impartial and responsible; 3. Use resources with efficiency and economy; 4. Treat all people fairly; 5. Use the power oft their position for the well-being oft their constituents; and 6. Create an environment ofhonesty, openness and integrity. 1 NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY THAT A NEW CODE OF ETHICS AND CONDUCT IS APPROVED AND ADOPTED TO HAVE THE FOLLOWING TERMS AND PROVISIONS: SECTION 1. That the Code of Ordinances of the City of Walnut Grove, Georgia is hereby amended by deleting the existing Code of Ethics as contained in the General Code oft the City of Walnut Grove Section 3-102and in its place, adopts and ordains the following provision: SECTION ONE- - CODE OF ETHICS 1. Principal policies. Public trust requires public servants to fulfill their duties faithfully and honestly and to subordinate any personal interest which conflicts with the public interest. Aj public servant is ai trusteejofthe people and should strive to further the general welfare and not use public office or position to unethically improve his or her own private standing. The principal policies that form the foundation ofthis code of ethics are as follows: (A)The trust of citizens in their government is cultivated when individual public servants act with integrity and when the public is aware that its servants act with integrity. (B)The constitutions, laws and regulations of the United States and the State of Georgia and ordinances oft the City ofWalnut Grove should be upheld as ai minimum standard (C)The most effective way to eradicate unethical practices is consistently to act with the highest moral principles and react appropriately to the ethical decisions of others. (D)City of Walnut Grove officials should exercise sound judgment and apply ethical I principles ini making decisions that in any manner: reflect upon their elected office. (E). All citizens should be treated with courtesy, impartiality and equality. ofconduct. 2. Intent. It is the intent of this code of ethics that City of Walnut Grove officials shall not knowingly engage in any - activity that is incompatible with the proper discharge of their official duties or whichwould tend to impair theirj judgment or actions in the performance of their official duties. Furthermore, City of Walnut Grove officials should avoid any action that might resultin or create the appearance of, (A)Using public officelor position in an unethical manner for private gain, 2 (B)Impeding City of Walnut Grove efficiency or economy, or the affairs and businéss oft the City of Walnut Grove. (C)Affecting adversely the confidence of the public in the integrity of those who conduct 3. Definitions. As used in this section, the following words shall have the meaning ascribed to them (A)Benefit means anything of monetary value that a reasonably prudent person would recognize as being likely to be intended to influence a City of Walnut Grove official or employee in the performance or non-performance ofa an official action. (B)Immediate family means spouse, child, parent or sibling of a City of Walnut Grove (C)City of Walnut Grove official means the mayor, city council members, appointed officials, members ofappointed boards, commissions and authorities. (D)Incidental interest means an interest in a person, entity or property which is nota a substantial interest as - defined herein and which has insignificant value. (E)! Remote interest means an interest ofa person or entity, including a city official, which would be affected ini the same way as the general public. For example, the interest of an official in the property tax rate, general city fees, city utility charges ora comprehensive zoning ordinance or similar matters is deemed remote to the extent that the official would be affected in common with the general public. (F) Substantial interest means an interest, either directly or through a member ofthe below [unless otherwise required by context]: official. immediate family, in another person or entity, where: i. the interest is ownership offive percent or more oft the voting stock,s shares or equity oft the entity or ownership of $5,000.00 or more ofthe equity or market value ofthe entity; or ii. the funds received by the person from the other person or entity during the previous 12 months either equal or exceed $5,000.00 in payment for goods, products or services, or (a) $5,000.00 in salary, bonuses, commissions or professional fees, or (b)t ten percent ofthei recipient's gross income during that period, whichever isl less; 3 (c) the person serves as a corporate officer or member of the board of directors or other governing board of a for-profit entity other than a corporate entity owned or created by the mayor and city council; or (d) the person is a creditor, debtor, or guarantor of the other person or entityin an amount of $5,000.00 or more. (G)Acceptance ofgifts. City of Walnut Grove officials shall not solicit or accept, directly ori indirectly, any benefit or payment from any person, corporation or group that has, or is seeking to obtain, a contractual or other business or financial relationship with the City of Walnut Grove. (H)Substantial interests. City ofWalnut Grove officials may not: Have a substantial interest that conflicts with their responsibilities and duties ii. Directly or indirectly engage in financial transactions as a result of, or primarily relying upon, confidential information obtained in the course of as trustées oft the public good, or their office or received due to their position. (I) Use of public property. A City of Walnut Grove official shall not use City of Walnut Grove property of any kind for other than officially approved activities, nor shall he or she direct a Citylof Walnut Grove employee to use such property for other than (J) Use ofconfidential information. A City of Walnut Grove official shall not directly make use of, or permit others to make use of, for the purpose of furthering aj private interest, City of Walnut Grove information not made available to the general public. (K)Coercion. A City ofWalnut Grove official shall not use. his or her position in any way to official purposes. coerce, or give the appearance of coercing: i. Another person to provide any benefits to him or her or to his or her ii. A City of Walnut Grove employee, an appointed official of the City of Walnut Grove, or a contract employee to provide any benefit to him orl her immediate family as defined herein, or ort to. his orl her immediate family as defined herein, or iii. Any judge in the outcome ofmatters before the court. ()Purchases. A City ofWalnut Grove official shall not order any goods or services for the City ofWalnut Grove oron! behalfofCity ofWalnut Grove without] proper authorization in compliance with the City ofWalnut Grove Code. 4 (M) Conflicts of interestiIn accordance with the Charter, no elected official, appointed officer, or employee ofthe City of Walnut Grove, or any authority or agency to which the Charter applies shall represent private interests, other than his or her own, in any action or proceeding against City of Walnut Grove or any portion ofits government; or vote or otherwise actively participate in the negotiation or the making of any contract between the City of Walnut Grove government and any business or entity in which he or she has a substantial interest. No city official shall enter into any contract with, or have any interest in, either directly or indirectly, the city except as authorized by state law. - This prohibition shall not be applicable to the professional activities of the city attorney inl his or her work as ani independent contractor and legal ii. This prohibition shall not be applicable to an otherwise valid employment contract between the city and a city official who is not elected (such as, by iti. Any official whol has a proprietary interest in an agency doing business with the city shall make that interest known in writing to the city council and the advisor on behalfo ofthe city. way ofe example, a city manager or chiefofpolice). city clerk. (N)City of Walnut grové employees. A City of Walnut Grove official shall not use a City of Walnut Grove employee for personal or private business during regular business (O)Travel expenses. A City of Walnut Grove official shall not draw per diem or expense money from City of Walnut Grove to attend a seminar, convention, conference or similar meeting andthen fail to attend the seminar, conference, convention or similar (P)Commitments. A City of Walnut Grove official shall not act or create the appearance ofacting on behalf of the City of Walnut Grove by promising to authorize or prevent any future official action of any nature, without proper authorization. (Q)False statements. No City of Walnut Grove official shall make a false or materially misleading statement ori in any manner commit fraud in relation to any City ofWalnut (R)Disclosure. A City of Walnut grove official or employee shall disclose the nature of any substantial interest he or she has in ai matter at the time such matter is presented to the mayor and counçil for discussion and/or action. Such disclosure shall be recorded into the minutes oft the meeting and become part oft the public record. (S) Deliberation and vote prohibited. No City ofWalnut Grove official shall participate in a City of Walnut Grove Council Committee or Council meeting during the discussion, hours or during the employee's scheduled shift. meeting. Grove or public business. 5 debate, deliberation or vote, or otherwise take part in the decision-making process on any agenda item, any official act or action in which he or shel has a substantial interest. Provided, however, that such an elected official shall notl bej precluded from addressing acouncil committee or the mayor and council during the discussion ofany agenda item or any official act or action in the same manner as a member of the general public. Where the interest ofa city official in the subject matter of a vote or decision is remote or incidental, the cily official may participate in the vote or decision and need not (T)Duty to leave meeting. To avoid the appearance of impropriety, after any member of the commission is determined to have a financial interest or a potential financial interest in any matter, they shall leave their regular seat as a member ofthe mayor and city council or council committee and not return to it until deliberation and action on the matter is completed. Provided, however, that such an elected official shall not be precluded from addressing a council committee or the mayor and council during the discussion of any agenda item or any official act or action in the same manner as a (U)Ethics hearingo officer. The chiefjudge ofmunicipal court, ori inl his absence his designee who shall be another municipal court judge or if: no municipal court judge is available, the city attorney, is hereby designated as the ethics hearing officer. The ethics hearing officer shall serve without compensation and may be removed for cause by a majority vote oft the mayor and city council. Ifthel hearing officer is removed for cause, the next most senior municipal court judge or the city attorney shall serve as. hearing officer. Resiptofcomplhins All complaints against a City ofWalnut Grove official shall be filed in writing with the city clerk to be referred to the ethics hearing officer in such form as: may be prescribed by the ethics hearing officer. Upon receipt of a complaint disclose thei interest. member oft the general public. inj proper form, the ethics hearing officer shall: Review; it to determine whether the complaint is unjustified, frivolous, patently unfounded or fails to state facts sufficient to invoke disciplinary ii. Bee empowered to dismiss those complaints that are unjustified, frivolous, patently unfounded or that fail to state facts sufficient to constitute a violation of this article; provided, however, that a rejection of such complaint by the ethics hearing officer shall not deprive the complaining party of any action he or she might otherwise have at law or in equity ii. Be empowered to collect evidence and information concerning any complaint and to add to the findings and results ofits investigation to the action ori is to be considered for furtheri investigation. againstthe City of Walnut Grove official; file containing such complaint; 6 iv. Be empowered to conduct probable cause investigations, to take evidence and hold hearings. The ethics hearing officer shall give the City of Walnut V. Be empowered to recommend to the mayor and city council that any City of Walnut Grove official found to have violated any provision of this article receive ai reprimand, censure or be requested to resign from his or vi. Be empowered to refer a complaint to the sheriffofCity of Walnut Grove or other law enforcement agency for investigation and possible Grove official notice and an opportunity for a hearing; her offiçe. prosecution; vii. Take action within 60 days of receipt of the cômplaint. The decision by the ethics hearing officer shall be reduced to writing and served upon all parties at interest within five days of reaching a decision. viii. The ethics hearing officer shall in a public hearing before the mayor and city council present argument and evidence to justify the recommendation contained in paragraph (5) above and make a recommendation of the proper penaity to be imposed. The mayor and council shall have the final authority to act on or reject the recommendation within 30 days of the presentation by the hearing officer. (W) Penalties. Upon majority vote of the mayor and council, any violation of this code of ethics shall subject the offender to disciplinary action including reprimand, censure, or arequest to the offending City ofWalnut Grove official that he or she resign theiroffice. (X) Rightt to appeal. Any City ofWalnut Grove official adversely affected by a disciplinary action taken by the mayor and council may appeal the decision to the Walton County Superior Court in accordance with the laws ofthe State ofGeorgia. Provided, however, that no action of a decision maker refusing or failing to take action pursuant to this (Y)Election tolling. To discourage the filing of ethics complaints solely for political purposes, complaints will not be accepted against a person seeking election as a city official, whether currently serving as acity official or not, from the date qualifying opens for the elected office at issue through the date the election results for that office are certified. The time for filing complaints will not run during this period. Properly filed complaints will be accepted and processed after the election results code of ethics shall be reviewable by the superior court. have been certified. 7 V SECTION2. Except as provided lotherwisel herein, all ordinances or parts ofordinancesi inc conflict with this ordinance arel hereby repealed. SECTION: 3. Pursuant to thé Section 2.27 oft the City Charter, authority is hereby delegated to the City Clerk to cause this Ordinance to be numbered and codified int the City Code of Walnut Grove, Georgia, in such a wày as toj place this Ordinance int the Code in an organized and orderly sequence to maximize the organization oft the Code. The City Clerk is authorized to designate to the City Attorney or to such other Mayor and Council approved contractors to assist int the effort too codify this provision provided the decision oft the City Clerk is final as to the placement ofthis Ordinance within the City Code of Walnut Grove, Georgia. The goal oft this authorization is to codify and: number this Ordinance in the Code: in such a way as to be clear and orderly. SECTION 4. This ordinance shall become effective immediately upon its adoption by the Mayor and Council of the City of Walnut Grove, Georgia. Itis SO ordained on1 this day of August 2023. City ofWalnut Grove, Georgia Stephanie Moncrief, Mayor ATTEST: Kimberly Whitlow, City Clerk APPROVED, ASTO FORM: Anthony O.L. Powell, City Attorney Powell & Edwards, Attorneys atLaw, P.C. 8 ORDINANCE NO: 2023-12 AN ORDINANCE OF THE CITY OF WALNUT GROVE TO AMEND AND ESTABLISH PARLIAMENTARY PROCEDURE PROCURE AND PROCEDURES OF MEETING; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES was approved by council on 9/14/2023. Council Member Stephanie Moncrief motioned to approve Ordinance NO 2023-12 and Council Member Erica Milles seconded that motion. Council Member Linda Pilgrim opposed. Motion passed 2-1. Mayor Mark Moore failed to properly veto this ordinance and the ordinance was adopted my council on the 9/14/2023 meeting. ORDINANCEI NO. 2023-12 A ORDINANCE OF THE CITY OF WALNUT GROVE TO AMEND AND ESTABLISH PARLIAMENTARY PROCURE AND PROCEDURES OFMEETINGS; TO PROVIDE FORSEVERABILITYTOREPEAL CONFLICTING ORDINANCES; TOPROVIDEAN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the goyerning authority of the City of Walnut Grove, Georgia is the Mayor and Council thereof; and WHERAS, Section 2.18 of the City Chartèr authorizes Mayor and Council to adopt its own rules ofprocedure and order ofbusiness; and WHEREAS, the governing authority deems it essential to clarify and update the procedures surrounding the conducting ofmeetings within the City. NOW THEREFORE BEI ITAND. ITI IS HEREBY ORDAINED: Section 1. That the Code ofOrdinances oft the City of Walnut Grove, Georgia is hereby amended by deleting it Section 3-203through Section 3-207 of the City Ordinances and replacing it with the following: DIVISION: 1- GENERAL Sec. 3-203.-Vacancles. in case of a vacancy in the office of mayor or council member from failure to elect, death, removal or from any cause whatsoever, such vacancy shall bei filled for the remainder of the unexpired term, ifa any, by appointment by the mayor with confirmation byt the city council, if less than 24 months remain ini the unexpired term. Otherwise, a speciallelection: shall be ordered by the mayor or city council to fill the balance of the unexpired term of such an official. The city clerk shall cause the special election tol be held and conducted in accordance with the Georgia Election Code (OCGA52121eteq. 1 Sec. 3-204. - Chairman! The mayor shall actas chairman of the city council and is responsible for the orderly conduct of meetings of the city council. In order to fulfill such duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The chairman shall bei impartial and conduct the meetings in at fair manner. The chairman may not introduce motions ors second a motion without surrendering the chair to the mayor pro tem or a substitute chair elected from the remaining members of city council. The chairman may onlyjvote in the event of a tie of council members. Sec. 3205.-Vice-chalirnan. (a) The city council shall select a mayor pro tem from the council members at the beginning of each calendar year who shall serve as the vice-chairman. The vice- chairman shall fulfill the duties of the chairman if the chairman is not in attendance or isnot participating because of a voluntary recusal based on the requirements of this (b) Ift the chairman and the vice-chairman are absent and a quorum is present, the remaining council members shall select a council member to serve as temporary chairman of the meeting until either the chairman or vice-chairman is present at the Code. meeting. Sec. 3-206. - Committeès. The chairman and city council may create committees to study any issue before the city council. Any such committee may make recommendations to the city council, but no committee shall be empowered to make any final decision on any matter before such committee forconsideration. In addition to council members, committees may include other city officials, staff or citizens at-large. Whenever a committee is created, its duties, any limitation on the scope of such duties.and the times, places and periods of time for which the committee may operate shall be determined by the chairman and city council. The chairman shall serve as an ex-officio member of all committees. Sec. 3-207. - Open meetings; work sessions; regular meetings; public hearings. (a). All meetings ofthe city council, where a quorum is present and decisions affecting official business are/contemplated, shall be held in accordance with the provisions of (b) The city council shall hold regular work: sessions on the Thursday two weeks prior to O.C.G.A. $50-14-1 etseq. the Regular Meeting, 2 (c) All regular meetings and public hearings conducted by the mayor and council shall be held oni the Second Thursday oft the month, unless otherwise.establshed by Mayor and Council. Sec. 3-208. - Organizational meetings. The city council shall hold an organizational meeting on or before thei first regular meeting day following any election. The meeting shall be called to order by the city clerk, and the oath ofo office shall be administered to the newly elected council members whose terms of office shall begin the day and hour oft taking such oath of office. Sec. 3-209. Special meetings; rescheduled regular meetings. Aregular meeting of the city council may be canceled, rescheduled or moved to a new location within the city by the chairman for any reason. Other special meetings may be called as provided in the Charter. Whenever a rescheduled regular meeting of the city council or any otherspecial meeting is tol be held at a time or place other than the regularly scheduled,time or place, written notice of such change shall be posted for at least 24 hours at thé place of the regular meeting. In addition, written or oral notice shall be given by thè city clerk at least 24 hours in advance oft the meeting to eithert the legal organ of the city or a newspaper having a general circulation at least equal to that of the legal organ and to each council member. Sec. 3-210. - Emergency meetings. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours' notice to the public. When such emergency meetings are to be held, the city clerks shall provide notice to the legal organ of the city or a newspaper with a general circulation atl least equal to that of the legal organ and to each council member as soon as possible. The notice shall include the subjects expected to be considered at the emergency meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice, given to the media. Sec. 3-211.-E Executive sessions. (a) Executive sessions of the city council may be held for the purpose of conducting business excepted from public access requirements as authorized by O.C.G.A. 555 50- 14-2 and 50-14-3. Where a meeting oft the city council is devoted inj part to matters within the authorized exceptions to public access requirements, any portion of the meeting not subjectto any such exceptions shall be open to the public. No executive session shall be held, except pursuant to a majority affirmative vote of the city council taken in a public meeting. 3 (b) The minutes oft the public meeting shall reflect the names of the council members present, those voting for the executive session and the specific reasons for the executive session. Minutes of the executive session may be maintained by the city clerk at the direction of the chairman. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosures of such portions of the minutes identifying real estate to be acquired by the city council may only be delayed until such time as the acquisition of the real estate has been completed, terminated or abandoned, or courtp proceedings have been initiated. Sec. 3-212. - Quorum. Aquorum of the city council must be present for the conducting of meetings. The mayor, or mayor pro tem, and two council members shall constitute a quorum and shall be authorized to transact business of the city council. Iti is the duty of the chairman to enforcé this rule. Any council member may raise a point of order directed to the chairman if the council member believes that a quorum is not present. Oncea quorum is established, the quorum cannot be defeated by the subsequent departure of the mayor or a council member. Ifa quorum is not attained within 30 minutes, the meeting will be rescheduled by the chairman with the approval of the council members present. Sec. 3-213.-1 Voting; majority. Passage of a motion shall require the affirmative vote of a majority of the council members present and voting at a meeting at which a quorum is present. Unless otherwise specified in this division, a majority shall mean more than one-half of the council members present. Where a two-thirds majority is specified, a majority vote shall mean at least two-thirds of the council members present. Sec. 3-213. - Abstentions. An abstention shall be counted as an affirmative vote. Sec. 3-214. - Agenda. (a) The city clerk, with the advice of the chairman and the council members, shall prepare an agenda ofs subjects to be acted on for each meeting. In conjunction with the regular work session oft the Mayor and City Council, an agenda work session shall be held by the city clerk to finalize the agenda. The chairman and all council members may participate in the work session. Whenever a quorum of the city council is present for an agenda works session, the meeting shall be open to the public, and all notice and 4 record keeping requirements applicable to an open meeting must be met. The final agenda shall be made available to the council members at least three business days (b) Members oft the/public may request that a particular subject be placed on the agenda fort the following meeting. To be considered, the item must be submitted to the Clerk by 1 p.m. ont the Friday preceding the scheduled regular monthly meeting. All agenda items must, be sponsored by a member of council or the mayor and be sO (c) The order oft the agenda may be changed during a meeting by a majority vote ofthe (d). A copy of the agènda and a list oft those council members present shall be made available to the publicf for inspection within two business days oft the adjournment of before every city council meeting. indicated on the agènda by that item. city council. any meeting. Sec. 3-215.-C Consent agenda. (a)Aconsent agenda may be prepared by the city clerk for the city council to unanimously adoptmotions on routine items. Any items ofb business that are expected to receive unanimous approval and where no debate is expected may be placed on a (b) At the appropriate time oft the meeting, the chairman shall read all of the items on the consent agenda, Ifac council member objects to an item being on the consent agenda, the chairman shall move that particular item to the regular agenda. Following the reading of the consent agenda, the chairman will ask for unanimous approval of the items ont the consent agenda. Ifthere are no objections, all of the items on the consent agenda. consent agenda will be adopted by unanimous consent. Sec. 3-216.-I Minutes. (a) The city clerk shall promptly record summary minutes for each city council meeting. The minutes serve às the official written record of the city council meeting and shall be open for public inspection once approved as official by the city council, but in no case later than immediately following the second regular meeting of the city council following the meeting being recorded ini the minutes. The minutes shall specify the names oft the council members, present at the meeting, a description of each motion or other proposal made at the meeting, the council member who proposed each motion, the councilmember who seconded each motion, and a record of all votes. In the case of at roll call vote, the name of each council member voting for or against a 5 proposal shall be recorded. It: shall be presumed that a council member has voted in the affirmative unless the minutes show otherwise. More detailed information may be included ini the minutes at the request oft the city council. The City Clerk shall preserve (b) The city council must approve the minutes before the minutes can be considered as an official recordjof the city council. A copy of the minutes from the previous meeting shall be distributed to the council members at least three business days before the following meeting. The minutes oft the previous meeting shalll be corrected and approved by the city council at the beginning of each meeting. A majority vote is required for approval oft the minutes. Conflicts about the content of the minutes shall be decided by majority vote oft the city council. Upon being approved, the minutes shall be signed by the chairman and attested to by the city clerk. the recordings oft the meetings as required by law. Sec. 3-217.- Order of business. All regular city council meetings shall follow an established order of business as follows: (1)Callt to order. (2)invocation (3) Pledge of Allegiance (4) Agenda Approval (5) Consent agenda. (6) Committee Reports (7) Old Business (8) New Business (9) Reports. (10) Public Comment (11)Council comments (12) Adjournment Sec. 3-218.-1 Decorum. 6 (a). All council members must conduct themselves in a professional and respectful manner. All remarks should be directed to the chairman and not to individual council members, staff or citizens in attendance. Personal remarks are inappropriate.A council member is not allowed to speak at a meeting until he has been recognized by the chairman. All comments made by a council member shall address the motion that (b) The chairman shall enforce the rules of decorum set forth in subsection (a) of this section. Ifac council member believes that a rule has been broken, he can raise a point of order. A second is not required. The chairman may rule on the question, or he may allow the city council to debate the issue and decide the issue by majority vote. isb being discussed. Sec. 3-219. - Public participation. Public participation in meetings of the city council is encouraged and shall be permitted in accordance with the following provisions: (1)Public comments. The final agenda item of the city council meeting shall be reserved for comments fromthe public. Each member of the public who wishes to address the city council must submit his name, address and the topic of his comments to the city clerk prior to making such comments. Such an individual willl be allotted five minutes to make his comments, and such comments must be limited to the chosen topic. These limits can be waived by a majority vote oft the city council. (2)Public participation on agenda items. By a majority vote, the city council may limit public comment on an agenda item at the time the item is being considered by the city council. Permitted comments must be limited to the subject that is being debated. Members of the public may speak for five minutes and may only speak once. These limits may be waived bya a majorityvote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the chairman before addressing the (4) Public hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to or following a meeting of the city council or at such other city council. places and times asthe city council may determine. L Sec. 3-220. -Amendments to rules. 7 Any amendment tothe rules of order must be submitted by a council member in writing to the city clerk by Friday of the week prior to a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote oft the city council in order to be adopted. Sec. 3-221.- Suspending the rules of order. Rules of order maybe suspended ini the case of an emergency. A motion to suspend the rules requires a second, is debatable and requires a majority vote of the city council. Rules governing quorum, voting methods and requirements, the notification to council members of meetings, and rules necessary for compliance with state law cannot be suspended. Sec. 3-222. - Visual andsound recordings. Visual and/or sound recordings shall be permitted for all public meetings. Secs. 3-223--3-240. - Réserved. DIVISION 2. - PARLIAMENTARY PROCEDURE Sec. 3-241. - Rules of procedure. Unless otherwise provided ini this Code, procedures for meetings of the city council shall follow the 11thedition of Robert's Rules of Order. Sec. 3-242. - Parliamentarian. The city council shall select a parliamentarian at the beginning of each calendar year who shall serve a one-year term. The designated parlamentarian may seek the assistance of legal counsel to resolve any parliamentary issues. Sec. 3-243. - Main motion. In order for the city/council to take any official action on any subject, a council member must propose a main motion.A proposed main motion will not be recognized by the chairman until another council member agrees to second the motion.. A: second does not require the council member seconding the motion to support the motion.A council member may withdraw a main motion that he has made at any time before the city council has voted on that motion. 8 Sec. 3-244.- - Debate. (a) After the main motion is recognized by the chairman, the city council shall debate the motion. The debate shall be managed byt the chairman in a manneri that is fair to all council members. Council members may participate in the debate only when they (b) During the course ofa debate, council members may introduce subsidiary motions that propose that the city council take particular action on a motion. There are: two classes of subsidiary motions: Debatable: subsidiary motions and undebatable subsidiary motions! Debatable subsidiary motions consist of motions to postpone indefinitely, amend, refer to the committee and postpone to a time certain. Debatable subsidiary motionsrequire a second before they can be voted on or debated. There are three undebatable subsidiary motions:-Limit debate, vote immediately, and lay on (c) Council members may also introduce privileged motions. Privileged motions facilitate the running ofthe meeting and can be introduced during the course of debate. Privileged motions consist of a motion to raise a question of privilege and motions to recess and adjourn. The motions to recess and adjourn require a second. are recognized by the chairman. the table. Such motions require a second and cannot be debated. Debate is not allowéd on privileged motions. Sec. 3-245. - Voting; procedure. Voting on debatablé motions and undebatable motions shall take place in accordance (1) Debatable motions, In the case of debatable motions, the vote can be proposed in with the following provisions: one of the following two ways: a. Ifdebate has been completed and no other council member wishes to speak, the chairman may call for the vote; ift there are no objections then the chairman may proceed with the vote. b.Ifthe chairman calls for the vote and there is an objection, a council member may move to vote immediately (move the previous question). If this motion is seconded and approved by a majority vote, debate will stop. The chairman will then read the proposed motion to the city coyncil and ask: for the votes of the council (2) Undebatable motions. Ini the case of undebatable motions, the vote shall occur immediately after the motion is recognized by the chairman. The chairman shall read the proposed motion to the city council and then call for the vote. members. 9 Sec. 3-246.- - Ranking of motions. (a) Each subsidiary and privileged motion is assigned a specific rank. Ar motion of higher precedence cani interrupt a motion of lower precedence. The higher motion must be decided béfore the city council returns to consider the motion of lower (b)Amain motion has the lowest rank and does not take precedence over any other motion. AI motion to adjourn has the highest rank and willt take precedence over all other subsidiary and privileged motions. The order of precedence of motions shali be ina accordance with this section. Motions att the bottom of the following list take precedence. precedence over motions at thei top of the list: (1) Main motion (lowest trank). (2)S Subsidiary motions (debatable): a. Postpone/indefintely. b.Amend. C.Refer to committee (commit). d. Postponeto a time certain (postpone definitely). (3)Subsidiary motions (undebatable): a. Limit debate or extend limits. b. Vote immediately (previous question). c.Lay on thé table (postpone temporarily). (4) Privileged motions (undebatable): a. Question ofprivilege. b. Recess. c.Adjourn (highest trank). 10 Sec. 3-247.-Subsidiary motions. During the course of debate, council members may introduce motions which propose that the city council take particular action on a main motion. These motions are called subsidiary motions and they allow the city council to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motions (amend, limit debate and vote immediately) also may apply to other subsidiary motions. (1) Postpone indefinitely. Ifà council member believes that the main motion should not be considered by the city counci, such council member may move to postpone the consideration of the main motion indefinitely. Ift the motion is successful, consideration of the main motion stops and the main motion is tabled. AI motion to postpone indefinitely may be debated, but it (2), Amend. Ifa council member believes that the main motion that is on the table should be changed in order to makelit more acceptable, he can move to amend the motion. cannot be amended. A majority vote is required for the motion to pass. a. Amendments must be closely related to the original motion and must not change b. Motions to refer amend, postpone to a time certain and the motion to recess can the nature of the motion that they amend. also be amended. c.Amotion shall not be amended more than two times. d. Debate is allowed on a motion to amend only if the original motion is debatable. e.Ar majority vote is required for the city council to adopt an amendment. f.Ifthe amendment is adopted, the city council shall consider the amended version 6f the motion. (3) Refer to a committee (commit). If a council member believes that further information is needed before the city council can act on a main motion, he may propose that the motion be referred to a specific committee or department for further study. If an appropriate committee does not already exist, thén a committee may be formed as a part of the motion. A motion to refer should specify the date that the committee or department will report back to the city council. This motion is debatable and amendable. A majority vote is required for the motion (4) Postpone to a time certain (postpone definitely). A motion to postpone to a certain time may be proposed if a council member believes that the main motion should not be considered until a future time. This motion shall set a particular time for the main motion to be considered again. Such motion is debatable and may be amended. Ift this motion is passed, to pass. 11 the chairman will bring the original motion back to the city council for consideration ati the specified time. Ai majority vote of the city council is required for the motion to pass. (5) Limit or extend limits of debate. AI motion to limit debate places a time constraint on the length of debate. The details of such a motion are to be decided by the council member who makes the motion. This motion can also be used to extend the limits of debate if a limit on debate already exists. Debatei is not allowed on this motion, and a majority vote of the city (6) Vote immediately (previous question). Ifa a council member believes that the motion that is being considered should be voted on, the council member may move to vote immediately. The motion is undebatablé, and a vote of the majority oft the city council is required for the (7)Lay on the table (postpone temporarily). A motion to lay on the table proposes that the consideration of a main motion be postponed until al later time int the meeting. The motion can be brought up for consideration onlyi if a motion to resume consideration is accepted by the city council during thesame meeting. The motion will die ifiti is not taken up during the meeting. Debate is not allowed on this motion, and the motion is not amendable.. AI majority council is required for themotion to pass. motion to pass. vote oft the city council is required for the motion to. pass. Sec. 3-248. - Privileged motions. Privileged motions facilitate the running of the city council meeting. Such motions do not address or relate to a main motion and can bei introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. (1) Question of privilege. Aformal question addressed to the chairman concerning the rights of a council member or ofthe city council as a whole is referred to as a question of privilege. It does not require a second and cannot be debated or amended. The chairman is required to (2) Recess. AI motion to recess proposes that the meeting be suspended for a particular amount of time. The motion must specify the length of the recess. The motion must also be seconded. Debate is not àllowed on such motion, but the motion can be amended. A majority (3)Adjourn. In order for ameeting to come to a close, a council member must make a motion to adjourn. The motion to adjourn has the highest rank of any motion, and as a result, it can bei introduced at any timé. The motion requires a second but is not debatable or amendable. Debate is not allowed on such motions. make a ruling on the question. vote oft the city council is required for the motion to pass. AI majority vote of the city council is required for the motion to pass. 12 Sec. 3-249.-Incidental motions. Incidental motions allow council members to exert their rights as a member oft the city council. Incidental motions may be introduced at any time during a meeting. (1)Appeal. Ifa council member disagrees with a decision that is made by the chairman, such council member may appéal the decision. Ift the appeal is seconded, the appeal will be considered by the city council. The chairman has the opportunity to explain the ruling that has been challenged. The city council may then debate the appeal. The city council shall decide by majority vote if the chairman's decision is to be upheld or overturned. An appeal is highi in precedence and may only bei interrupted by a privileged motion or by a motion to lay (2) Parliamentary inquiry. Ifa council member has a question about the rules of order, he may ask the chairman to give an opinion on that question. Such question should take the form of a parliamentary inquiry and should relate tot the current business oft the city council. Such motion takes precedence) over all motions except privileged motions. Such motion does not (3) Point of order (questioniof order). If a council member believes that ay violation of the rules of parliamentary procedure has occurred, he can raise a point of order. A: second is not required. The chairman may make a ruling on the question or may allow the city council to debate and then rule on the question by majority vote. A point of order may only be on the table. require a second and is not debatable or amendable. interrupted by a privileged motion or a motion to lay on thet table. (4) Point of information (request fori information). Ifa a council member has a question about the facts of a particular issue that is being considered, he may ask a point ofi information. This motion is addressed first to the çhairman and then to the appropriate person. A: second is not required and the motion is not debatable or amendable. Sec. 3-250. - Supplementary main motions. Three motions allow the city council to act on a main motion that has either been passed or tabled by the city council.,These motions are considered to be main motions but differ from usual main motions int the following ways: (1) Reconsider. Themotion to reconsider allows the city council to debate whether or not to overturn a decision made at the meeting that is in progress. Such a motion allows the city council to consider new information that may affect the decision that has already been made. Any council membermay make a motion to reconsider, and any council member may second the motion. The motion is debatable, but it cannot be amended. A majority vote of the city council is required for the motion to pass. Ifa motion to reconsider is passed, the original decision will be voided, and the city council will returnto debate and revote the original motion. 13 (2) Rescind. Ar motion to rescind proposes that the city council overturn a motion passed at a previous meeting. A motion to rescind can be made by any council member. Such motion is in order as long as the original motion has not been implemented. An announcement oft the intention to rescind a motion may be made at the meeting where the decision was made, or the council member seeking to rescind may place the matter on the agenda for the next meeting pursuant to section 2-48. The motion to rescind will then be placed on the agenda for the next meeting. Att the next meeting, the motion to rescind will formally be made. If such motion is seconded, then the city coundil shall debate and vote on rescission. A majority vote of the city council is requiredifor the motion to pass. If a motion to rescind is passed, the original (3) Resume consideration. The motion to resume consideration allows the city council to consider a motion that has been temporarily postponed. Such motion requires a second and is not debatable or amendable. Such motion is a main motion but ranks higher than any debatable motion.. Amajority vote of the city council is required for decision will be voided. the motion to pass. Secs. 3-251--3-260.-F Reserved. DIVISION 3.-L LEGISLATION Sec. 3-261.-L Legislative authority generally. The city council shall exercise the legislative functions of the city and may pass any ordinance or resolution that it deems best for the government of the city; however, such ordinance or resolution shall not bei in conflict with the Charter, the constitution or laws of the'state ort the Constitution or laws of the United States. Sec. 3-262.-Ordinances, resolutions, contracts and interlocal agreements. Unless otherwise provided int this Code, all ordinances, resolutions, contracts and interlocal agreements oft the city shall be prepared, approved, introduced and adopted ini the manner provided ini this division. Sec. 3-263. - Preparation of ordinances. Whenever possible all ordinances shall be prepared by the city attorney. Sec. 3-264. - Required elements of ordinances. All ordinances passed by the city council shall contain the following items, which shall be set forth in the ordinance int thet following order: 14 (1)Ordinance number. (2) Title and purpose. (3). Enacting clause. (4) Body of ordinance by sections. (5) Severability clause. (6) Penalty clause. (7) Repealing clausé. (8) Adoption date. (9) Effective date. (10) Authentication of city clerk. Sec. 3-265.- - Imtrodluctinofoninances, resolutions and other matters. Ordinances, resolutions and other matters or subjects requiring action by the city council must bei introduced and sponsored by a council member. Sec. 3-266.- - Consideration of Code amendments. Where an amendment to this Code is proposed and any council member or the mayor has been given fewér than 48 hours' notice, including a copy of the proposal, oft the intent to introduce such I amendment to be adopted at a city council meeting, any council member or the mayor may require, by his own request alone, that consideration of such proposed amendment be postponed until the next regular meeting oft the city council. Pursuant to this section, such request to postpone shall not require a second or a vote and shall not be: subject to debate; provided, however, that no proposed amendment to this Code shall be the subject of a request to postpone under this's section more than once. Sec. 3-267.-A Action restricted, emergencies. No ordinance shall be put on its final passage on1 the same day on which itis introduced; except that where an emergency exists and public health and safety require it, an ordinance containing a full statement oft the facts and reasons for the . emergency may be made effective upon its adoption ifa approved by the city council. 15 An ordinance shall bei introduced at the work session proceeding the regular meeting that it is being considered for final adoption. Sec. 3-268.- Presenting of ordinances. Each ordinance except for a zoning ordinance amendment shall be presented at two consecutive meetings of the mayor and city council. Az zoning ordinance amendment may be approved at the first meeting after the requirements of the Zoning Procedures Act have been satisfied and does notrequire two readings. An ordinance being introduced at the work session proceeding the regular meeting that is being considered for finaladoption shall qualify under this Section. The presentation ofthe ordinance (first and second reading) may be waived by a majority vote of the/City Council provided the title of the ordinance is read into the record and copies of the full ordinance introduced are available in the office of the City Clerk and posted oriline for citizen review. Sec. 3-269.- Subject matter of ordinances. No ordinance shall relate to more than one subject, which shall be clearly expressed in the title oft the ordinance. No ordinance, or section of such ordinance, shall be amended or repealéd unless the new ordinançe contains the title of the ordinance or section amended orrepealed. When practicable, all ordinances shall be introduced as amendments to this Code. Sec. 3-270. - Adoption ofordinances, resolutions, contracts. An ordinance, resolution or contract shall be deemed adopted or approved and effective when it receives an affirmative vote of the majority of the city council. Secs. 3-270--3-299. - Reserved." Section 3. The preamble oft this Ordinance shall be considered to be and is hereby incorporated by reference asiffully set out herein. Section 4. Itishéreby declared that if any phrase, sentence, or paragraph hereof shall bei found or declared unconstitutional ori invalid by a court of competemtjurisaiction, the remaining phrases, sentences and paragraphs hereof: shall remain in: full force and effect asi ifenacted without 16 the phrase, sentence, or paragraph declared unconstitutional or invalid. Section 5. The effective date ofthis Resolution shall be. August 2023. Iti is SO ordained on this day of August, 2023. City of Walnut Grove, Georgia Stephanie Moncrief, Mayor ATTEST: Kimberly Whitlow, City Clerk APPROVED AS TO FORM: Anthony O.L. Powell, City Attorney Powell & Edwards, Attorneys at] Law, P.C. 17 54 RESOLUTION No. 2023-09 Al RESOLUTION TO DESIGNATE AN OPEN RECORDS OFFICER FOR THE CITY OF WALNUT GROVE, Georgia was approved by council on August, 10th, 2023. Council Member Stephanie Moncrief made a motion to appoint the City Clerk as the official records keeper and Council Member Erica Miles seconded the motion to appoint the City Clerk ast the official records keeper. All in favor. Motion passed 3-0. RESOLUTION NO. 2023-09 Al RESOLUTION TODESIGNATE AN OPEN RECORDS OFFICER FOR THE CITY OF WALNUT GROVE, GEORGIA. WHEREAS, the City of Social Circle is al Municipal Corporation ofthe State of Georgia; WHEREAS, the Walnut Grove is an agency subject to the Open Records Act ofthe State WHEREAS, the Walnut Grove is comprised of various departments, boards, authorities WHEREAS, the Open Records Actofthe State ofGeorgia permits an agency to designate Open Records Officers to receive requests for the inspection or copying ofrecords; and WHEREAS, the Mayor and Council of the Walnut Grove believe that designating an Open Records Officers will centralize the open records process and will permit the City to more effectively and efficiently track and complete responses to open records requests; ITI IS HEREBY RESOLVED that the Mayor and Council of the Walnut Grove, in accordance with the provisions ofthe Open Records Act found in O.C.G.A. 55-18-71 designate the following Open Records Officers to receive requests on behalf of the City and all of its and ofGeorgia; and and commissions; and departments: (1) City Clerk (2) In the absence oft the City Clerk, the Mayor shall serve as the Open Records Officers. IT IS FURTHER RESOLVED that the City requires that all written requests under the Open Records Act shall bei made upon the Open Records Officers designated in this Resolution, and that a copy of the Requést be sent by the Open Records Officertoi the City Attorney. IT IS FURTHER RESOLVED that the City Clerk shall notify the Walton County Tribune and the Covington News, as the legal organs ofthe City and Walton County, that the City IT ISFURTHER RESOLVED that the City Clerk shall ensure that the designated Open Records Officers and their contact information are prominently displayed on the City's website. has sO designated the Open Records Officers contained herein. ITI ISSO RESOLVED this day of 2023. Stephanie Moncrief, Mayor Mayor Pro Tem Council Member Council Member Council Member ATTEST: Kimberly Whitlow, City Clerk APPROVED, ASTOFORM: Anthony O.L. Powell, City/Attorney Powell & Edwards, P.C. Section 4. The effective date ofthis Resolution shall be. August 2023. Itis SO ordained on this day of August, 2023. City of Walnut Grove, Georgia Stephanie Moncrief, Mayor ATTEST: Kimberly Whitlow, City Clerk APPROVED. ASTOFORM: Anthony 0.1 L. Powell, City Attorney Powell & Edwards, Attorneys at] Law, P.C. 4 NOTICE OF CALL OF SPECIAL ELECTION TOTHE QUALIFIED VOTERS OF WALTON COUNTY, GEORGIA NOTICEIS HEREBY GIVEN that a special election has been called to occur on the 21st day of May, 2024, at the regular polling places in all the election districts of Walton County, Georgia (the' "County"), at which timet there willl be: submitted to the qualified voters ofthe County for their determination the question of whether a special sales and use tax of one percent shall be imposed on all sales and uses in the special district consisting oft the County for aj period of twenty-four consecutiye calendar quarters beginning January 1, 2025 to raise an estimated amount of$120,000,000 tol be used to finance the following projects: (i) for the City of Monroe, (A) public safety projects, vehicles and equipment, (B) transportation projects, (C)Monroe public facilities capitali limprovements, and (D) (ii) for the City of Loganville, (A) parks and recreation projects, (B) public safety projects, (C) public utility projects, and (D) transportation projects; (iri) for the City of Social Circle, (A) transportation projects, (B) water and sewer projects, (C) public safety projects, and (D) parks and recreation projects; (iv) for the City of Good Hope, (A) transportation projects, (B) parks and recreation (v) for the City of Walnut Grove, (A) vehicles and major equipment, (B) sewer cxpansiop/infastructure, (C) transportation, drainage, paving and sidewalk projects,D)buillingi upgrades, and (E) parks and recreation projects; (vi) for the City ofJersey, (A)transportation projects, (B) water system improvements, (C)building projects, and (D) parks and recreation projects; (vii) fort the City ofBetween, (A)transportation projects, and (B) building upgrades and (viti) for the County, (A) installation payments for the acquisition of the Public Safety Complex (B) transportation projects, (C) parks and recreation projects including the rightto make installment payments for the acquisition of the Walnut Grove Park, (D) building projects, (E) water system improvements, and (F) vehicle and The ballots to be used at such election shall have written or printed thereon parks capital improvements; projects, and (C) building upgrades; improvements; and major equipment acquisition (collectively, the "Projects"). substantially the following: I/YES 1 NO Shall a special one percent sales and use tax be imposed in the special district consistingofWaltont County for aperiod oftime not to exceed 124 calendar quarters and for the raising of an estimated amount of $120,000,000 for the purpose of funding the following projects: () for the City of Monroe, (A) public safety projects, vehicles and equipment, (B) transportation projects, (C) Monroe public facilities capital improvements, and (D) parks capital improvements; (ii) for the City ofLoganville, (A): parks and projects; (i)f fort the City ofSocial Circle, (A)transportation; projects, (B) water and sewer projects, (C) public safety projects, and (D) parks and recreation projects; (iv) for the City of Good Hope, (A) transportation projects, (B) parks and recreation projects, and (C) building upgrades; (v) for the City ofWalnut Grové, (A) vehicles and major equipment, (B) sewer cxpansion/nfastructure, and (C) transportation, drainage, paving and sidewalk projects, (D) building upgrades, (E) parks and recreation projects; (vi) for the City of Jersey, (A) transportation projects, (B) water system of improvements, (C) building projects, and (D) parks and recreation projects; (vit) for the City Between, (A) transportation projects, and (B) building upgrades and improvements; and (viri) for the County, (A) installation payments for the acquisition of the Public Safety Complex, (B) transportation for the projects, acquisition oft the Walnut Grove Park, (D) building projects, (E) water system utility projects, and (D) transportation recreation projects, (B) public safety projects, (C) public () parks and recreation projects including the right to make installment payments improvements, and (F) véhicle and: major equipment acquisition. The several places forl holding said election shalll be at thei regular and established ofthe elèction districts ofWalton County, Georgia, and thej polls willl be open from Those résidents of Walton County qualified to vote at such election shall be This notice is given pursuant to a resolution of the Board of Commissioners of Notice is hereby further given that the Board ofElections ofWalton County called voting 7:00 a.m. precincts to 7:00 p.m. on' the date fixed for the election. determined in all respects in accordance with the election laws ofthe State of Georgia. Walton County and a resolution oft the Board ofl Elections of Walton County. the election herein referenced at its duly noticed meeting on February 16, 2024 by adopting a resolution calling said election. /s/David G. Thompson Chairman, Board of Commissioners of Walton County Is/Lori Wood Chairman, Board ofl Elections ofWalton County SPACALFURPOSEIOCAL OPTION SALESTAX INTERGOVERMMINTAL CONTRACT This] Intergovérmental Contract (the' "Contract"), is between Walton County, Georgia (the "County"), the City ofMonroe ("Monroe"), the CityofLoganville ("Loganville"), the City of Social Circle ("Social Circle"), the City ofWalnut Grove ("Walnut Grove"), the City ofGood Hope ("Good Hope"), the CityofJersey ("Jersey")andi the City ofBetween ("Between" and together with Monroe, Loganville, Social Circle, Walnut Grove, Good! Hope and Jersey, the "Cities"). PREAMBLE Article 3 of Chapter 8 ofTitle 48 oft the Official Code of Georgia Annotated, as amended (the "Act"), provides for thejcreation of a special district in each county in the State of Georgia and authorizes the imposition of aone percent sales and use tax (the "Sales and Use Tax") in such district for the purposes specified therein! The County and the Cities wisht to continue the Sales and' Use' Tax presently in effect, which on December3 31,2024, and are entering into this Contract for the purpose ofs specifying the! projects to expires be funded with such Sales and Use Tax and providing for the distribution of the proceeds of the Sales and Use Tax. In consideration of the mutual agreements of the County and the Cities in this Contract, and for other good and valuable consideration, the receipt and sufficiency of which the County and the Cities acknowledge, the County and the Cities agree as follows: Section 1. Representations ofthe Cities. Each oft the Cities hereby represents as follows: (a) Itisa municipal corporation as defined by law and judicial interpretation and a qualifiedi municipality" as such term is defined int the Act and has been duly authorized to execute and deliver this Contract and to perform its obligations hereunder, and such àuthorization has not been revoked or rescinded. (b) Thee execution and delivery ofthis Contract by the City, and the performance ofi its obligations hereunder, does not violate any provision of the Constitution or laws of the State of Georgia or any order,rule or regulation of any. judicial or governmental agency binding on the City, or violate or constitute (with the passage oft time or the provision ofi notice or both) al breach ofor default under a which the City is bound. contract, instrument, ordinance or other resolution ofthe City or by any agreement, (c) To the knowledge of the City, there is no litigation pending or threatened challenging the existence or powers oft the City or the ability ofthe City to enter into this Contract, or seeking to restrain/or enjoin the City from entering into this Contract or acquiring, constracting ori installing any ofthe projects sought to be financed from the proceeds ofthe Sales and Use' Tax. Section 2. Representations oft the County. The County hereby represents as follows: (a) Itisapolitical subdivision oft the State of Georgia and has been duly authorized to execute and deliver this Contract and to perform its obligations hereunder, and such authorization has not been revoked or rescinded. (b) The execution and delivery oft this Contract by the County, and the performance of its obligations hereunder, does not violate any provision oft the Constitution or laws oft the State of Georgia or any order, rule or regulation of any judicial or governmental agency binding on the County,orviolato or constitute (with thej passage oftime or the provision ofnotice orl both)al breach contract, instrument, ordinance or other resolution of the of or a default under any agreement, County or by which the County is bound. (c) To the knowledge of the County, there is no litigation pending or threatened challenging the existènce or powers of the County or the ability of the County to enter into this Contract, or seeking to restrain or enjoin the County from entering into this Contract, imposing the Sales and Use Tax orlacquiring, constructing or installing any oft the projects oft the County sought to bei financed from the proceeds of the Sales and Use Tax. Referendum for Imposition of Sales and Use Tax. Section 3. The County agrees that it willi take all actions necessary to call a referendum, to be held in all the 2024, or on such other date as the County and the voting precincts in the County, on the 21st day ofMay, the County for their Cities shall mutually agree, for the purpose of submitting to the qualified voters of the question of whether or not a Sales and Use Tax of one percent shall be imposed on all sales approval, and uses in the special district which consists of Walton County, as authorized by the Act for 24 calendar the described in this Contract (collectively the quarters (six years) for the purpose of funding projects The amount ofmoney to "Projects" or as to any City or the County, the "Projects" ofsuch City or County). be raised by the Sales and Use Tax is estimated tol be $120,000,000. The Projects and the estimated of Sales' Tax and Use' Tax attributable to each Project is shown on Schedule A attached to this Contract. amount Section 4. Conditions Precedent. The obligations ofall parties undert this Contract are conditioned upon the followingevents: (a) The adoption of a resolution by the Board of Commissioners of Walton County authorizing the imposition oft the Sales and Use Tax and calling the referendum described above. (b) The approval of the Sales and Use Tax by a majority of the voters in the County voting in the election for those purposes as required by the Act. Section 5. County Salesland Use Tax Fund: Separate Accounts: No Commingling. Prior to the first date on which the Sales and Use Tax will be collected, the County shall establish a special fund or account - designated as the 2025 Special Purpose Local Option Sales Tax Fund for the County (the "Project Fund Account" of the County), and each City shall create a special fund or account to be designated as the 2025 Special PurposeLocal Option Sales Tax Fund for each such City (each such fund or account, the' "Project Fund Account" ofsuch City). The County shall select al local bank which shall act as a depository and custodian of the Project Fund Account of the County upon such terms and conditions as may be acceptable to the County, and each City shall select al local bank which shall act as a depository and custodian ofthel Project Fund Account of each such City upon such terms and conditions as may be acceptable to each such City. All Sales and Use Tax proceeds shall be maintained by the County and each City in the separate/accounts or funds established pursuant to this Section. Sales and Use Tax proceeds shall not be commingled with other funds ofi the County or Cities and shall be used exclusively for the purposes detailed in this Contract. No funds other than Sales and Use Taxj proceeds shall be placed in such funds or accounts. Section 6. Procedure forDisbursement of Sales and Use Tax Proceeds. Upon receipt by the County of Sales and Use Tax proceeds collected by the state department of revenue, the County shall immediately deposit said proceeds in the County's Project Fund Account and, within ten (10) business days thereof, disburse the Sales and Use Tax proceeds due to each Cityi in accordance with, Section 7. Thej proceeds shall be deposited in the Project Fund. Account established by each City in accordance with Section 5. Should any City cease to exist as al legal entity before all funds are distributed under this Contract, that City's share oft the funds subsequent to dissolution shall be paid to the County as part oft the Courty's share unless an act ofthe Georgia General Assembly makes the defunct City part of another successor city. If such an act is. passed, the defunct City's share shail be paid to the successor city in addition to all other funds to which the successor city would otherwise be entitled. Section 7. Prioritya and Order of Project Funding. The parties hereto agree that the proceeds of the Sales and Use Tax received each month (a) First, the Sales and' Use Tax receipts shall be deposited into the Project Fund Account of the County injan amount equal to $480,000 per month, thei monthly amount needed for the County to: make installment payments to the Walton Industrial Building Authority for the will be applied as follows (and int the orderi indicated below): acquisition ofthe Public Safety Complex as shown on Schedule A. (b) Next, the Salès and Use Tax receipts shall be deposited into the Project Fund Account of the County and each ofthe Cities in accordance with the percentages shown in the column with the heading "Allocation of Sales and Use Tax Proceeds After Funding the County's Acquisition oft the Public Safety Complex from the Walton Industrial Building Authority" on Schedulel B. Except as provided in Section 8 ofthis Agreement, any change to the priority or schedule must be agreed to in writing by all parties to this Contract. Section 8. Completion ofProjects. The County and Cities acknowledge that the costs shown for each project described on Schedule A are estimated amounts. Ifacounty project! has been satisfactorily completed at a cost less than the estimated cost listed for that project in Schedule A, the County may apply the remaining unexpended funds to any other county project in Schedule. A. Ifa city project has been satisfactorily completed at a cost less than the estimated cost listed for that project in Schedule A, the City may apply the remaining unexpended funds to any other project included for that Cityi in Schedule. A. Within thirty/(30) days after the Projects of any City have been completed, such City shall file with the County a Certificate of Completion signed by the Mayor, City Manager or other Authorized Signatory, setting forth the date on which the final Project or Projects were completed and stating that all Sales and Use Tax proceeds deposited into thel Project Fund. Account for such Cityl havel been applied to the Project or Projects or otherwise applied in accordance with the. Act. Section 9. 'Audits. (a) Each oft the Cities and the County shall include ini its annual audit the schedule required by Section 48-8-121 ofthe. Actrelating to eachl Project approved: for such City or the County int thes referendum. Each of the Cities and the County shall publish the report relating to the Projects of such City and County as required by Section 48-8-122 of the Act. Each City and the County agrees that the proceeds received from the Sales and' Use Taxshall be used by the County or the City, as the case may be, exclusively for the purpose permitted under purposes the. Act. Bach of the Cities and the County shall be responsible for their own expenses or specified in the resolution calling for the referendum except as may otherwise be incurred in maintaining such records and making any such reports. (b) The County and each oft the Cities shall have no liability to each other for the failure by or the County to spend the proceeds received from the Sales and Use Tax for the purposes any authorized City ini the referendum, although the County shall have the right, but not the duty, to seek to enforce the obligation of each ofthe Cities to apply thej proceedsreceivedi fromi the Sales and Use Taxi in: accordance with the. Act and the referendum. Section 10. Other Expenses: Reimbursement, The parties to this Contract acknowledge that the fees and expenses relating to, or incurred ircident to, calling the referendum for the imposition oft the Sales and Use Tax shall be paid by the County and each City shall reimbursé the County for their pro rata share of any such expenses in accordance with the "Percentage of Sales Tax Proceeds for Projects" on Schedule B. The County shall from time to time provide notification to the Cities ofa any other expenses relating to the Sales and' Use' Taxj proceeds. Each of the Cities agrees that it will be liable to the County for their pro rata share of any such expenses in accordance with the "Percentage of Sales Tax Proceeds for Projects" on Schedule B. In the event that following the passage oft the referendum relating to the imposition oft the Sales and Use Tax, any litigation ort threatened litigation, auditori investigation relating to the imposition ofthe Sales and' Use Tax or the use of the proceeds of the Sales and Use Tax or other similar matters relating thereto shall occur, the County shall have the right on behalfofi itself and the Cities to conduct such litigation or handle such threatened litigation, audit or other investigation and to retain such attorneys and other experts as may be required or appropriate in connection therewith. The County shall give prompt notice to the Cities oft the institution of such litigation or threatened litigation, audit or investigation. Each ofi the Cities agrees that it will be any liable to the County for their pro rata share of the costs ofs such litigation or threatened litigation, audit or investigation, or for the cost of any judgment or settlement ofs such litigation or threatened litigation, audit ori investigation in accordance)with the' "Percentage of Sales" Tax Proceeds for Projects" on Schedule. B. The Cities agree that any payment trequired tol be made to the County under this Section shall be made promptly upon receipt by the City ofa statement therefor from the County. Nothing in this Section shall preclude any City or the County (either individually or collectively) from seeking repayment from, or from instituting any action against, any other party to this Contract to the extent that any action or inaction on the part of any party or parties to this Contract results inl liability to the County or the Cities whether directly orindirectly pursuant to this Section ofthis Contract, and the costs of any such action shall not be shared as provided in this Section but shall be costs oft the parties involved in such action. Section 11. Term ofthis Contract. The term of'this Contract (assuming the conditions precedent in Section 5 have been sub-accounts established under this Contract are fully depleted, but in no event shall this satisfied) shall expire at the later of( (i) October 1,2 2031 or (ii) the date on which any moneys held in any accounts or Contract run for more than 50years from the date hereof. Section 12. Arbitration. The parties hereto agreet to submit any controversy arising under this Contract to arbitration pursuant to the provisions of O.C.G.A. $9-9-1 et seq., the Georgia Arbitration Code. Such arbitration shall in all respects be governed by thej provisions ofthe. Arbitration Code and the parties hereby agree to comply with and be governed by the provisions of the Arbitration Code as to any controversy sO submitted to arbitration. Section 13. Counterparts. This Contract may be executed in several counterparts, each ofwhich shall be deemed an original and all ofwhich together shall constitute one and the same instrument. Section 14. Governing Law. This Contract and all transactions contemplated hereby shall be governed by, construed and enforced in accordance with the laws ofthe State ofGeorgia. Section 15. Severability. circumstance Should any provision of this Contract or application thereof to any person, entity or be held unenforceable, the remainder of this Contract or the application of such invalidor other than those to which hitisheldinvalid or unenforceable, provision to any person, entiyorcircumstance, shall not be affected thereby, and each provision oft this Contract shall be valid and enforceable to the full extent permitted by law. Section 16. Notices. Allnotices, demands or requests required or permitted tol be given pursuant toi this Contract shall be in writing and shall be deemed to have been properly given or served and shall be effective on being deposited or placed in the United States mail, postage prepaid and: registered or certified with return receipt requested to the addresses appearing below, or when delivered by hand to the addresses indicated below: (a) AstolWalton County: Walton County Board of Commissioners Attention: Chairman 111South Broad Street Monroe, GA 30655 (b) Astothe City of Monroe: City ofMonroe Attention: Mayor 215North Broad Street Monroe, GA3 30655 (c) As to'the CityofLoganville: City ofLoganville Attention: Mayor P.O.] Box 39 4303Lawrenceville, Road Loganville, GA 30052 (d) As to_the City of Social Circle: City of Social Circle Attention: Mayor P.O. Box 310 166North Cherokee Road Social Circle, GA: 30025 (d) Astothe City ofWalnut Grove: City of Walnut Grove Attention: Mayor 2581 Leone Avenue Logarville, GA 30052 (e) Astothe City ofGood Hope: City dfGood) Hope Attention: Mayor P.O.Box 10 169) Highway 83 South Good Hope, GA30641 (g) Astothe City of Jersey: Cityo ofJersey Attention: Mayor P.O. Box 218 Jersey, GA 30018 (h) Astot the CityofBetween: City bfBetween Attention: Mayor P.O. Box 46 1926New Hope Church Road Monroe, GA30655 Any party to this Contract, may, in the manner provided herein for the giving ofi notices, specify another or different address to which notices under this Contract must be sent by giving notice thereofto each other party to this Contract. [Signature Pages Follow] IN WITNESS WHEREOF, all parties heretol have agreed as ofthe 13th day of February, 2024. WALTON COUNTY, GEORGIA By: Chairman (SEAL) Attest: Clerk CITY OF MONROE By: Mayor (SEAL) Attest: Clerk CITY OF LOGANVILLE By: Mayor (SEAL) Attest: Clerk [Special Purpose Local Option Sales Tax Intergovernmental Contract] CITY OF SOCIALCIRCLE By: Mayor (SEAL) Attest: Clerk CITY OF WALNUTGROVE By: Mayor (SEAL) Attest: Clerk CITY OFGOODHOPE By: Mayor (SEAL) Attest: Clerk [Special Purpose Local Option Sales Tax Intergovernmental Contract] CITY OF JERSEY By: Mayor (SEAL) Attest: Clerk CITY OF BETWEEN By: Mayor (SEAL) Attest: Clerk [Special Purpose Local Option Sales Tax Intergovernmental Contract] SCHEDULEA Walton County, Georgia Sales and Use' Tax 2025-2030 Project Estimated Costs of Projects $34,560,000.00 $20,500,000.00 $13,000,000.00 $12,000,000.00 $3,500,000.00 $2,264,000.00 $85,824,000.00 $6,168,477.20 $6,168,477.20 $1,079,483.51 $2,004,755.09 $15,421,193.00 $255,026.12 $623,397.18 $5,440,557.22 $5,015,513.69 $11,334,494.21 $1,400,000.00 $1,200,000.00 $2,124,849.00 $413,482.60 $5,138,331.60 $192,609.96 $87,549.98 $70,039.98 $350,199.92 $800,000.00 $36,500.00 $433,676.00 $63,500.00 $32,000.39 $1,365,676.39 $25,000.00 $25,000.00 $75,823.56 Entity Walton County Installment payments to the Walton Industrial Building Authority for the acquisition of the Public Transportation Parks and recreation projects projects including the right to make installment payments to the Walton County Public Facilities Authority for the acquisition ofthe Walnut Grovel Park Building projects Water system improvements Vehicle and major equipment acquisition Public safety projects, vehicles, and equipment Transportation projects Monroe public facilities capital improvements Parks capital improvements Parks and recreation projects Public safety projects Public utility projects Transportation projects Water and sewer projects Public safety projects Parks and recreation projects Transportation projects Parks and recreation projects Building upgrades Safety Complex subtotal City of! Monroe subtotal City ofLoganville subtotal City of Social Circle Transportation projects subtotal City of Good Hope subtotal City of Wainut Grove Vehicles and major equipment Sewer expansiominfasiructure paving and sidewalk Transportation, drainage, projects Building upgrades Parks and recreation projects Transportation projects Water system improvements Building projects subtotal City ofJersey Parks and recreation projects Transportation projects Building upgrades and improvements $25,000.00 $150,823.56 $25,000.00 $390,281.32 $415,281.32 $120,000,000.00 subtotal subtotal TOTAL City of Between [Special Purpose Local Option Sales Taxl Intergovernmental Contract] SCHEDULEB Walton County, Georgia Sales and Use' Tax 2025-2030 Allocation of Sales and Use Tax Proceeds Allocation of Proceeds After Estimated Monthly Funding Costs of ofCounty's Projects Acquisition of Entity Public Safety Complex from Walton Industrial Building Authority 60.0000%0 18.0491% 13.2660% 6.0140% 0.4099% 1.5984% 0.1765% 0.4861% 100.00% Walton County, Georgia City of Monroe City ofL Loganville City of Social Circle City of Good Hope City of Walnut Grove City of] Jersey City of] Between $85,824,000.00") $15,421,193.00 $11,334,494.21 $5,138,331.60 $350,199.92 $1,365,676.39 $150,823.56 $415,281.32 $120,000,000 *Includes $34,560,000.00 for the County's instailment payments tot the Walton! Industrial Building Authority for the acquisition of the Public Safety Complex TOTAL [Special Purpose Local Option Sales Tax Intergovernmental Contract]