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Home My WebLink About2016-12-20-Meeting AgendaCommission Meeting Agenda Commission Chamber 12/20/2016 2:00 PM INVOCATION:Rev. Dr. James A. Hogan, Sr., Pastor New Zion Hill Missionary Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A.Presentation honoring out-going member of the Augusta Commission Honorable Bill Lockett. Attachments RECOGNITION(S) Award B.Presentation of Special Achievement Award in GIS (SAG) to the Information Technology Department. Attachments Five (5) minute time limit per delegation DELEGATIONS C. Mr. John W. Covington, President Pepperidge Neighborhood Association. RE: Opposition to the rezoning application for Special Exception property located at 3603 Richdale Drive. Attachments CONSENT AGENDA (Items 1-34) PLANNING 1. FINAL PLAT – SIMS LANDING, PHASE 1 – S-868 – A request by the Augusta Planning Commission to approve a petition by Jachens Land Surveying, on behalf of D R Horton Crown LLC, requesting final Attachments plat approval for Sims Landing Phase I. This single family residential subdivision is located on Gordon Highway between Willhaven and Haynes Station Subdivisions and contains 122 lots. DISTRICT 3 2. Z-16-41 – A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition by Stanley Mack, on behalf of Stanley and Shelley Mack, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .31 acres and known as 3603 Richdale Drive. Tax Map 143-0-277-00-0 DISTRICT 6 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct business. 3. No more than six (6) clients are permitted to reside in the home based on the number and size of the existing bedrooms. 4. In order to continue to maintain a local business license, the applicant must continue to maintain a license with the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide updated fire department compliance for six (6) clients. All requirements must be met within six (6) months of approval of this Special Exception request, or the Special Exception is void. 5. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet. wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. 6. All conditions must be met prior to issuance of a local business license. Attachments 3. Z-16-42 - A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition by Stanley Mack, on behalf of Stanley and Shelley Mack, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .24 acres and known as 3613 Larkspur Drive. Tax Map 119-0-202-00-0 DISTRICT 6 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. A private room shall be provided for staff to conduct business. No more than five (5) clients are permitted to reside in the home based on the number and size of the existing bedrooms. In order to continue to maintain a local business license, the applicant must continue to maintain a license with the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be Attachments provided, and the applicant must provide updated fire department compliance for five (5) clients. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. All conditions must be met prior to issuance of a local business license.If approved, staff will review the most recent area crime report to determine whether the use should continue to operate following one (1) year of the effective date of approval. 4. Z-16-43 – A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition by Brad Senter, on behalf of Xytex Cryo International, requesting a change of zoning from Zone R-2 (Two-family Residential) to Zone P-1 (Professional) affecting property containing .80 acres made up of 5 parcels known as 1625 and 1627 Newberry Street, 1610, 1612 and 1620 Parnell Street. Tax Map 045-2- 249-00-0, 045-2-250-00-0, 045-2-233-00-0, 045-2-232-00-0 and 045-2- 228-00-0 DISTRICT 1 1. Any future development of these properties must comply with any ordinances and regulations in effect at the time a site plan is submitted. 2. Any future parking lot or security lighting must be directed away from residential properties remaining on Parnell Street. Attachments 5. Z-16-44 – A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition Southern Restaurant Hospitality Group LLC, on behalf of James F. Sheehan, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .80 acres made up of 5 parcels known as 1692, 1690, 1688, 1686, and 1684 Jenkins Street. Tax Map 035-4-500-00-0, 035-4-511-00-0, 035-4-510- 00-0, 035-4-509-00-0, and 035-4-508-00-0. DISTRICT 1 1. Development of the property must conform to the concept plan submitted with this petition; and the lots must be combined if the zoning petition is approved. 2. Development of the property will require compliance with the Augusta Tree Ordinance. 3. The site plan must demonstrate compliance with any other ordinances and regulations. 4. The abandonment of Franklin Lane must be completed before any land disturbing permit or building permit is issued. 5. Any new curb- cuts and additional right-of-way and easements for the site are subject to approval by the Augusta Engineering Department. 6. Parking lot and Attachments security lighting must be directed away from any nearby residential properties. There shall be no access to Jenkins Street from the subject properties. 6. ZA-R-245 – A request by the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance as follows: · Section 2 - Definitions: Accessory Building, Accessory Use, Breezeway, Building, Building Height, Building, Main / Main Building, Lodging/Boarding House Section 3-B-1,2,3,4 & 5 – · Open Space / Recreation Area. Attachments PUBLIC SERVICES 7.Motion to approve Contribution Agreement between The Georgia Association of Conservation Districts and the Augusta-Richmond County Board of Commissioners. (Approved by Public Services Committee December 13, 2016) Attachments 8.Motion to approve New Ownership Application: A.N. 16-38: request by Anderson B. Jones for a retail package Beer & Wine License to be used in connection with Sprint Food Stores, Inc. #732 located at 3771 Peach Orchard Road. District 6. Super District 10. (Approved by Public Services Committee December 13, 2016) Attachments 9.Motion to approve New Ownership Application: A.N. 16-39: request by Terri Lynn Casteel for an on premise consumption Liquor & Beer License to be used in connection with Fishbowl Lounge located at 2244 Lumpkin Road. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee December 13, 2016). Attachments 10.Motion to approve New Ownership Application: A.N. 16-40: A request by Anil K. Allati for a retail package Beer & Wine License to be used in connection with North Leg Food Mart located at 2061 Gordon Highway. District 5. Super District 9. (Approved by Public Services Committee December 13, 2016) Attachments 11.Motion to approve New Ownership Application: A. N. 16-41: request by Yong Sub Lim for a retail package Beer & Wine License to be used Attachments in connection with Get It To Go II located at 3232 Deans Bridge Road. District 5. Super District 9. (Approved by Public Services Committee December 13, 2016) 12.Motion to approve New Ownership Application: A. N. 16-42: A request by Stuart Mohr for an on premise consumption Liquor, Beer & Wine License to be used in connection with The Rub, LLC located at 2704 Gordon Highway. There will be Dance. District 4. Super District 9. (Approved by Public Services Committee December 13, 2016) Attachments 13.Motion to support Walton Foundation for Independence developing and providing a Community Awareness Campaign for Augusta Transit. (Approved by Public Services Committee December 13, 2016) Attachments 14.Motion to approve with the revision in Section 302 that the construction of the emergency access road must meet all City right-of-way standards and does not address who is responsible for maintaining the road: SA-51 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta, Georgia by amending the following sections: Section 302 - Development Plan - require multiple access points and interconnectivity to unsubdivided lands. Section 400 - General Standards for Streets - require multiple access points and inconnectivity to unsubdivided lands and lengths of cul-de-sacs. The question was raised concerning Home Owner Associations (HOAs) being obligated to maintain secondary access roads into subdivisions. This is a burden that an HOA will have responsibility for based on the decision of the developer when the developer is in control of the HOA. The HOA folks get left holding the bag for maintaining a road without having being part of the decision making process.(Approved by Public Services Committee December 13, 2016) Attachments ADMINISTRATIVE SERVICES 15.Motion to approve the replacement of one mower for the Recreation Department-Maintenance Division. (Approved by Administrative Services Committee December 13, 2016) Attachments 16.Motion to deny the Protest of Federal Engineering, Inc., regarding RFP Attachments Item 16-200 Land Mobile Radio Consulting Services for Augusta, Georgia - Information Technology Department and to lift the stay of procurement in accordance with Augusta, GA Code and award bid to Engineering Associates LLC. (Approved by Administrative Services Committee December 13, 2016) 17.Motion to approve an ordinance to amend Augusta,, GA Code section 1- 2-3 Section 1-2-13 (Rules of Procedures) and Section 1-2-30 relating to adding items to the commission and committee agendas: To consolidate related provisions of these sections; to repeal al code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission December 13, 2016 - second reading) Attachments PUBLIC SAFETY 18.Motion to approve an amendment to the Animal Services Ordinance Section 4-1-7, related to the bylaws of the Animal Services Advisory Board and Section 4-1-39, related to Registration Requirement. (Approved by Commission December 3, 2016-second reading) Attachments 19.Motion to approve the purchase of a 2007 Airport Rescue Fire Fighting (ARFF) Fire Truck from Georgia Department of Administrative Services - Surplus Property Division for the cost of $25,000.00 to be funded from the Augusta Fire Fund Balance.(Approved by Public Safety Committee December 13, 2016) Attachments 20.Motion to approve the continuation of Augusta’s radio services contracts. (Approved by Public Safety Committee December 13, 2016) Attachments 21.Motion to approve the renewal of the land lease with the Universalist Unitarian Church for the parking lot at Station 9 and authorize the Mayor to execute the appropriate documents.(Approved by Public Safety Committee December 13, 2016) Attachments ENGINEERING SERVICES 22.Motion to approve and receive as information from AED, the emergency construction services provided by Blair Construction and J. S Rowe, Inc. on the Patterson Bridge Road in the amount of $643,918 funded through the Stormwater Utility Program. (Approved by Engineering Services Committee December 13, 2016) Attachments 23.Motion to approve the acceptance of a Georgia DOT Transportation Alternatives Program (TAP) grant for the James Brown Boulevard phase 2 streetscape project, and authorize the Mayor to sign the necessary documents from the Georgia DOT.(Approved by Engineering Services Committee December 13, 2016) Attachments 24.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2-113-00-0); 2644 Wheeler Road. (Approved by Engineering Services Committee December 13, 2016) Attachments 25.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-158-00-0); 2027 Willow Street. (Approved by Engineering Services Committee December 13, 2016) Attachments 26.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-159-00-0); 2029 Willow Street. (Approved by Engineering Services Committee December 13, 2016) Attachments 27.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-160-00-0); 2031 Willow Street. (Approved by Engineering Services Committee December 13, 2016) Attachments 28.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-066-00-0); 2049 Golden Rod Street. (Approved by Engineering Services Committee December 13, 2016) Attachments 29.Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-113-00-0); 2060 Golden Rod Attachments Street. (Approved by Engineering Services Committee December 13, 2016) 30.Motion to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee December 13, 2016) Attachments 31.Motion to approve award to provide on-call asphalt and concrete repairs. Bid 16-224 (Approved by Engineering Services Committee December 13, 2016) Attachments 32.Motion to approve Procurement of Replacement Parts for Hypochlorite Generation Equipment. (Approved by Engineering Services Committee December 13, 2016) Attachments 33.Motion to approve Traffic Engineering’s purchase of thermoplastic striping material.(Approved by Engineering Services Committee December 13, 2016) Attachments PETITIONS AND COMMUNICATIONS 34.Motion to approve the minutes of the regular meeting of the Commission held December 6, 2016 and Special Called Meeting December 13, 2016. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 12/20/2016 AUGUSTA COMMISSION REGULAR AGENDA 12/20/2016 (Items 35-48) PUBLIC SERVICES 35.New Ownership Application: A.N. 16-43: A request by Miguel Chavez for an on premise consumption Liquor, Beer & Wine License to be used in connection with Habanero's Mexican Grill located at 235 Boy Scout Road. There will be Sunday Sales. District 7. Super District 10. (No recommendation from Public Services Committee December 13, 2016) Attachments 36.Presentation of the Jamestown Community Center's operations, Augusta's support, and its SPLOST projects. (Requested by Commissioner Sammie Sias) Attachments ADMINISTRATIVE SERVICES 37.Motion to approve adopting a Ban-the-Box Policy for Augusta, GA in accordance with the State of Georgia, Cities of Atlanta, Columbus, Macon-Bibb policies and the National Employment Law Project. (Requested by Commissioner Ben Hasan) Attachments 38.Update on the status of approved compensation paid to the Planning & Development Board. (Requested by Commissioner Marion Williams) Attachments 39.Update on the new contract with Gold Cross and finding solutions to resolving this issue: 2) Request Gold Cross representatives to be present for discussions: 3) Update from the Administrator on progress and process of negotiations of new contract . (Requested by Commissioner Wayne Guilfoyle) Attachments 40.Five (5) minute update/presentation from Director Hawthorne Welcher, Augusta Housing & Community Development Department regarding the Attachments Laney-Walker/Bethlehem Revitalization Initiative. (Requested by Commissioner Bill Fennoy) 41.Motion to approve the twenty-four (24) policies submitted by the PPPM subcommittee as developed by the consultant and for the Administrator to develop a personnel procedures manual and bring back an appropriate ordinance to abolish the current PPPM. Attachments 42.Motion to deny the Protest of Weinberger's Business Interiors, regarding Bid Item16-238 Furniture for the Public Defender's Office for Augusta, Georgia - Central Services Department - Facilities Division and to lift the stay of procurement in accordance with Augusta, GA Code. (No recommendation from Administrative Services Committee December 13, 2016) Attachments FINANCE 43.Motion to approve $25,000 for the CSRA Alliance for Fort Gordon for their 2017 budget out of the $180k contingency as discussed by Administrator Jackson during the budget process. This process must be followed to allocate the money per Administrator Jackson. (Requested by Commissioner Sean Frantom) Attachments 44.Consider a request from Ms. Marci Miller of the Savannah RiverKeeper regarding a waiver of the fees charged by the Augusta Port Authority. (No recommendation from Finance Committee December 3, 2016) Attachments PETITIONS AND COMMUNICATIONS 45.Motion to declare null and void the public censure against Commissioner Calvin Holland approved by the Commission on May 1, 2007 and to recognize that such censure was not warranted. (Requested by Commissioner Bill Lockett) Attachments 46.Motion to adopt a Resolution in support of Augusta, Georgia Nonpartisan elected officials taking office on August 1st each year. (Requested by Commissioner Wayne Guilfoyle) Attachments Upcoming Meetings www.augustaga.gov 47.Motion to adopt Resolution in Recognition of The World Health Organization (WHO) & The AARP. (Requested by Commission Bill Lockett) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 48.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 12/20/2016 2:00 PM Invocation Department: Department: Caption: Rev. Dr. James A. Hogan, Sr., Pastor New Zion Hill Missionary Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Commission Years of Service Award Department: Department: Caption:Presentation honoring out-going member of the Augusta Commission Honorable Bill Lockett. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Award Department: Department: Caption:Presentation of Special Achievement Award in GIS (SAG) to the Information Technology Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM John W. Covington Department: Department: Caption: Mr. John W. Covington, President Pepperidge Neighborhood Association. RE: Opposition to the rezoning application for Special Exception property located at 3603 Richdale Drive. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m. Committee meetings: Second and last Mondays of each month -12:45 to l:05 p.m. commission/committee: (Please check one and insert meeting date) Contact Information for IndividuaVPresenter Making the Address: Telephone Fax Number: E-Mail Address: scussion to Please send this request form to the Ms. Lena J. Bonner Clerk of Commission Room 806 Municipal Building 530 Greene Street Augusta, GA 30901 706-821-1820 706-821-r838 lbonner@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. t/ commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Me eti"s aO /2-r J d / 6Date of Meeting _ Date of Meeting Date of Meeting Date of Meeting Date of Meeting ?ra/er /4(-'r , / //z lar<,'Y- /7a following address: Telephone Number: Fax Number: E-Mail Address: Commission Meeting Agenda 12/20/2016 2:00 PM Final Plat - Sims Landing Ph. 1 Department:Planning and Development Department:Planning and Development Caption: FINAL PLAT – SIMS LANDING, PHASE 1 – S-868 – A request by the Augusta Planning Commission to approve a petition by Jachens Land Surveying, on behalf of D R Horton Crown LLC, requesting final plat approval for Sims Landing Phase I. This single family residential subdivision is located on Gordon Highway between Willhaven and Haynes Station Subdivisions and contains 122 lots. DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Z-16-41 Department:Planning and Development Department:Planning and Development Caption: Z-16-41 – A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition by Stanley Mack, on behalf of Stanley and Shelley Mack, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .31 acres and known as 3603 Richdale Drive. Tax Map 143-0-277-00-0 DISTRICT 6 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct business. 3. No more than six (6) clients are permitted to reside in the home based on the number and size of the existing bedrooms. 4. In order to continue to maintain a local business license, the applicant must continue to maintain a license with the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide updated fire department compliance for six (6) clients. All requirements must be met within six (6) months of approval of this Special Exception request, or the Special Exception is void. 5. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet. wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. 6. All conditions must be met prior to issuance of a local business license. Background: Analysis: Financial Impact: Cover Memo Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Z-16-42 Department:Planning and Development Department:Planning and Development Caption: Z-16-42 - A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition by Stanley Mack, on behalf of Stanley and Shelley Mack, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .24 acres and known as 3613 Larkspur Drive. Tax Map 119-0-202-00-0 DISTRICT 6 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. A private room shall be provided for staff to conduct business. No more than five (5) clients are permitted to reside in the home based on the number and size of the existing bedrooms. In order to continue to maintain a local business license, the applicant must continue to maintain a license with the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8- 62.01 of the O.C.G.A must be provided, and the applicant must provide updated fire department compliance for five (5) clients. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: · All doorways must be at least 3 feet wide. · At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. All conditions must be met prior to issuance of a local business license.If approved, staff will review the most recent area crime report to determine whether the use should continue to operate following one (1) year of the effective date of approval. Background: Analysis: Financial Impact: Cover Memo Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Z-16-43 Department:Planning and Development Department:Planning and Development Caption: Z-16-43 – A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition by Brad Senter, on behalf of Xytex Cryo International, requesting a change of zoning from Zone R-2 (Two-family Residential) to Zone P-1 (Professional) affecting property containing .80 acres made up of 5 parcels known as 1625 and 1627 Newberry Street, 1610, 1612 and 1620 Parnell Street. Tax Map 045-2-249-00-0, 045-2-250- 00-0, 045-2-233-00-0, 045-2-232-00-0 and 045-2-228-00-0 DISTRICT 1 1. Any future development of these properties must comply with any ordinances and regulations in effect at the time a site plan is submitted. 2. Any future parking lot or security lighting must be directed away from residential properties remaining on Parnell Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Z-16-44 Department:Planning and Development Department:Planning and Development Caption: Z-16-44 – A request by the Augusta Planning Commission to approve, with the conditions stated below, a petition Southern Restaurant Hospitality Group LLC, on behalf of James F. Sheehan, requesting a change of zoning from Zone R-1C (One- family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .80 acres made up of 5 parcels known as 1692, 1690, 1688, 1686, and 1684 Jenkins Street. Tax Map 035-4-500-00-0, 035-4-511-00-0, 035-4-510-00-0, 035-4- 509-00-0, and 035-4-508-00-0. DISTRICT 1 1. Development of the property must conform to the concept plan submitted with this petition; and the lots must be combined if the zoning petition is approved. 2. Development of the property will require compliance with the Augusta Tree Ordinance. 3. The site plan must demonstrate compliance with any other ordinances and regulations. 4. The abandonment of Franklin Lane must be completed before any land disturbing permit or building permit is issued. 5. Any new curb-cuts and additional right-of-way and easements for the site are subject to approval by the Augusta Engineering Department. 6. Parking lot and security lighting must be directed away from any nearby residential properties. There shall be no access to Jenkins Street from the subject properties. Background: Analysis: Financial Impact: Alternatives: Recommendation: Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM ZA-R-245 Department:Planning and Development Department:Planning and Development Caption: ZA-R-245 – A request by the Augusta Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance as follows: · Section 2 - Definitions: Accessory Building, Accessory Use, Breezeway, Building, Building Height, Building, Main / Main Building, Lodging/Boarding House Section 3-B-1,2,3,4 & 5 – · Open Space / Recreation Area. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Agreement between GACD and ARC Department:USDA-NRCS Department:USDA-NRCS Caption:Motion to approve Contribution Agreement between The Georgia Association of Conservation Districts and the Augusta-Richmond County Board of Commissioners. (Approved by Public Services Committee December 13, 2016) Background:Conservation partnership that serves to facilitate the implementation of planned conservation practices. This partnership is to assist interested landowners with the NRCS application process and conservation practice implementation. The provider is responsible for providing technical support to participants for planned conservation as outlined in this agreement. This agreement will support the objectives of both organizations, and will leverage their capabilities to efficiently and effectively implement conservation activities as outlined in the Agricultural Act of 2014 and subsequent Farm Bills. Analysis:This agreement is to assist landowners with Farm Bill application, design and layout of conservation practices, development and management, contract planning and eligibility determinations. Financial Impact:The total cost of this program for 2017 is $28,080, with half of the funds being reimbursed by GACD of $14,040 and ARC matching the other half of $14,040 thru 9/30/17; with another new agreement for two years thru 9/30/19. Alternatives:Not to approve the 2017 Contribution Agreement with GACD and ARC. Recommendation:To approve the 2017 Contribution Agreement with GACD and ARC. Funds are Available Cover Memo in the Following Accounts: 101071212/5212119 Professional Services 101071212/5911110 Reimbursements REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 8 CONTRIBUTION AGREEMENT GACD-01-16-001 BETWEEN THE GEORGIA ASSOCIATION OF CONSERVATION DISTRICTS, INCORPORATED AND THE AUGUSTA-RICHMOND COUNTY BOARD OF COMMISSIONERS THIS AGREEMENT, made and entered into this ___ day of ____, 2016, by and between the AUGUSTA-RICHMOND COUNTY Board of Commissioners (hereinafter referred to as the “Provider”); and the Georgia Association Of Conservation Districts, Incorporated (hereinafter referred to as the “GACD”). I. PURPOSE: This long term conservation partnership serves to facilitate the implementation of planned conservation practices. This “partnership” is to assist interested landowners with the NRCS application process and conservation practice implementation. The Provider is responsible for providing technical support to participants for planned conservation as outlined in this agreement. The task involves the following technical support: o Assisting landowners with Farm Bill Program application process o Design and layout of conservation practices. o Activities associated with various Farm Bill conservation programs contract development and management o Contract planning o Eligibility determinations o Processing applications All technical assistance provided must meet USDA-Natural Resources Conservation Service (NRCS) standards and specifications as set forth in its Departmental manuals, handbooks, and Field Office Technical Guide, conservation planning, conservation practice application, and other areas of technical assistance. II. OBJECTIVES: Under the provisions of this agreement NRCS is assigned responsibility of managing the technical assistance supplied by the Provider to landowners to plan and implement conservation practices on eligible land, manage easements, and complete evaluation and monitoring of completed practices. This agreement will support the objectives of both organizations, and will leverage their capabilities to efficiently and effectively implement conservation activities as outlined in the Agricultural Act of 2014 and subsequent Farm Bills. III. RESPONSIBILITIES OF THE PARTIES A. GACD will o Provide a list of program participants to county personnel contracted through the Provider, that have scheduled conservation practices, as identified in Part IV, Section Page 2 of 8 A, Expected Accomplishments and Deliverables, and identify and prioritize work assignments at the field office level. o Provide technical guidance to the Provider and the county personnel maintained through this agreement when requested and provide clarity on work plan and other agreement details. o Provide working materials and equipment needed to perform duties and to bear the cost of operation, maintenance and repair of equipment except for cost due to gross negligence by the Provider. NRCS accident reporting procedures will be followed. o Coordinate reimbursement of the Provider on a quarterly basis upon receipt of properly completed required documentation. Documentation must include a detailed list of accomplishments utilizing the Deliverable Tracking Report as referenced in Part IV, Section A, Expected Accomplishments and Deliverables. GACD costs share shall not exceed the total obligation as identified in Part V1, Resources Required, equal to no more than $14,040.00 o Review all new technologies and innovative practices, including applicable standards and specifications, prior to initiating those technologies and practices. o Provide quality assurance for services provided under the agreement. B. PROVIDER will: o Hire and manage employees to perform technical services in the State of Georgia. This includes providing all Human Resources services for these employees per this agreement. o As identified in this Statement of Work, Part IV, Section A, Expected Accomplishments and Deliverables and Part VI, Resources Required, provide administrative and technical assistance to private landowners in conserving, improving, and enhancing their natural resources as well as in-kind supplies and services. The total cash supplied by the Provider will be $14,040.00 o Provide technical assistance to participants as described in this Statement of Work and Part IV, Section A, Expected Accomplishments and Deliverables. Ensure personnel meet the GACD qualification standards for assigned responsibilities and for operation of equipment to perform those responsibilities. o Ensure the Provider personnel maintained through this agreement, remain current with all training and certification requirements, to obtain and keep USDA NRCS Level II Computer Access current and up to date. This includes reporting changes to records and completing required Ag Learn courses when appropriate. Page 3 of 8 o Use existing NRCS policy, training procedures, and supervisory guidelines to ensure that all provided assistance meets NRCS standards. o Comply with the special provisions included in this agreement and to work within this agreed-to Statement of Work and Part VI, Resources Required. Meet applicable NRCS standards, specifications, and program requirements. Be consistent with the conservation program goals and objectives in the agreement; and incorporate, where appropriate, low cost alternatives that would address the resource issues and meet the objectives of both the program and program participants for which assistance is provided. o Limit request for reimbursement for technical assistance provided as described in this Statement of Work, Part IV, Section A, Expected Accomplishments and Deliverables and Part VI, Resources Required. o Be responsible for gross negligence during use of any NRCS property and to reimburse the NRCS for such costs. Gross negligence is defined as willful destruction of NRCS property. o If applicable, the Provider shall carry liability insurance to operate a government vehicle in the amount of a minimum of $500,000 and provide a certificate of insurance to GACD. Nongovernment employees will not drive government vehicles unless proof of insurance is made available to GACD. o Provide at least fifty (50) percent of the cost of the technical assistance listed in Part IV, Section A, Expected Accomplishments and Deliverables. The Provider must match the USDA funds awarded on dollar-for-dollar basis from non-Federal sources. o Request reimbursement from GACD for GACD’s share as referenced in this Statement of Work, and the General Terms and Conditions of this Agreement. Total reimbursement shall not exceed the GACDS portion referenced in Part VI, Resources Required. Reimbursement shall be requested through the use of: · Documentation must include a detailed list of accomplishments utilizing the Deliverable Tracking Report as referenced in Part IV, Section of A, Expected Accomplishments and Deliverables. · Deliverables Tracking Report must be certified, signed, and dated by the appropriate Augusta-Richmond County official and the NRCS District Conservationist with the following statement: “I certify that, to the best of my knowledge, this bill has not been previously submitted and that program accomplishments will meet planned activities under this agreement. I have examined and certify that this request is correct for payment.” o Requests for Reimbursement shall be no more often than every 30 days for the period this agreement is in force Page 4 of 8 o Requests for Reimbursement shall be submitted to: GACD, 4310 Lexington Road, Athens, Georgia 30605. o Warrant that the technical services provided: · Comply with all applicable Federal, State, and Tribal and local laws and requirements; · Are consistent with the conservation program goals and objectives in the agreement · Incorporate, where appropriate, low-cost alternatives that would address the resource issues and meet the objectives of both the program and program participants for which assistance is provided. · Be subject to the same rules and regulations that apply to NRCS and other USDA employees when using Government owned property or equipment. Page 5 of 8 IV. EXPECTED ACCOMPLISHMENTS AND DELIVERABLES A. Deliverables associated with this agreement include item listed in table A.1 and the following: o Submit the Deliverables Tracking Report when requesting any payment. Table A.1 Lists the Practice Development, Review and Certification deliverables associated with this agreement Practice Description Practice Code Agrichemical Handling Facility (NO) (309) 309 Amendments for the Treatment of Agricultural Waste (591) 591 Animal Mortality Facility (NO.) (316) 316 Brush Management (314) 314 Closure of Waste Impoundments (NO) (360) 360 Combustion System Improvement (NO) (372) 372 Composting Facility (NO.) (317) 317 Conservation Cover (AC) (327) 327 Conservation Crop Rotation (AC) (328) 328 Cover Crop (AC) (340) 340 CNMP Development (102) 102 Critical Area Planting (AC) (342) 342 Diversion (FT) (362) 362 Early Successional Habitat Development/Management (AC) (647) 647 Farmstead Energy Improvement (NO) 374 374 Fence (FT) (382) 382 Filter Strip (AC) (393) 393 Forage and Biomass Planting (512) 512 Forest Stand Improvement (AC) (666) 666 Forest Trails and Landings (AC) (655) 655 Grade Stabilization Structure (NO.) (410) 410 Grassed Waterway (AC) (412) 412 Heavy Use Area Protection (AC) (561) 561 Hedgerow Planting (FT) (422) 422 Herbaceous Weed Control (Ac.) 315 315 Integrated Pest Management (AC) (595) 595 Irrigation Pipeline (FT) (430) 430 Irrigation Reservoir (NO. AND AC-FT) (436) 436 Page 6 of 8 Irrigation System (NO. AND AC), Micro irrigation (441) 441 Irrigation System (NO. AND AC), Sprinkler (442) 442 Irrigation Water Management (AC)(449) 449 Mulching (AC) (484) 484 Nutrient Management (AC) (590) 590 Pipeline (FT) (516) 516 Prescribed Burning (AC) (338) 338 Prescribed Grazing (AC) (528) 528 Pumping Plant (NO.) (533) 533 Riparian Forest Buffer (AC) (391) 391 Riparian Herbaceous Cover (AC) (390) 390 Roof Runoff Structure (NO) (558) 558 Seasonal High Tunnel System for Crops (SF) (798) 798 Silvopasture Establishment (AC) 381 381 Solids/Liquid Waste Separation Facility (632) 632 Spring Development (NO.) (574) 574 Stream Crossing (NO.) (578) 578 Streambank and Shoreline Protection (FT) (580) 580 Terrace (FT) (600) 600 Tree/Shrub Establishment (AC) (612) 612 Tree/Shrub Site Preparation (AC) (490) 490 Underground Outlet (FT) (620) 620 Waste Storage Facility (NO.) (313) 313 Waste Transfer (634) 634 Waste Treatment Lagoon (NO.) (359) 359 Waste Utilization (AC) (633) 633 Water and Sediment Control Basin (NO.) (638) 638 Watering Facility (NO.) (614) 614 Well (NO.) (642) 642 Wildlife Upland Habitat Management (AC) (645) 645 Deliverables Tracking: Table B.1 provides a sample Deliverables Tracking Report. Use this report to identify the specific work performed during each payment period. The Deliverables Tracking Report tracks and totals reimbursement requirements based on the deliverable’s cost rates based on practice and task level performed. Actual Deliverables Tracking Report will be provided to the Provider in Excel format. Table B.1 Sample Deliverables Tracking Report Page 7 of 8 Actual Deliverables Tracking Report will be provided to the Provider in Excel format by GACD Page 8 of 8 V. PERIOD OF PERFORMANCE A. That this agreement is effective from the date signed by both parties through September 30, 2017. VI. RESOURCES REQUIRED A. AUGUSTA-RICHMOND COUNTY and GACD requirements are outlined in the following tables Table A.1 GACD AND AUGUSTA-RICHMOND COUNTY COST SHARE AGENCY FY17 TOTAL COST 1-Year TOTAL COST AUGUSTA- RICHMOND COUNTY $14,040.00 $14,040.00 GACD $14,040.00 $14,040.00 Table A.2 1 YEAR BUDGET SUMMARY Category GACD Funds AUGUSTA- RICHMOND COUNTY Funds Total Conservation Program Practice Development, Review and Certification (Administrative, Technical, Easement Development, and CNMP Development) $14,040.00 $14,040.00 $28,080.00 B. GACD costs share for this agreement is fixed at $14,040.00 __________________________________ _______________________ ____________ Name/Title of Authorized GACD Rep Signature Date __________________________________ _______________________ ____________ Name /Title of Authorized Provider Rep Signature Date Commission Meeting Agenda 12/20/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 16- 38: request by Anderson B. Jones for a retail package Beer & Wine License to be used in connection with Sprint Food Stores, Inc. #732 located at 3771 Peach Orchard Road. District 6. Super District 10. (Approved by Public Services Committee December 13, 2016) Background:This is a New Ownership Application. Formerly in the name of Mary Jane Robertson. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 16- 39: request by Terri Lynn Casteel for an on premise consumption Liquor & Beer License to be used in connection with Fishbowl Lounge located at 2244 Lumpkin Road. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee December 13, 2016). Background:This is a New Ownership Application. Formerly in the name of Linda Eubanks. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3,950.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A.N. 16-40: A request by Anil K. Allati for a retail package Beer & Wine License to be used in connection with North Leg Food Mart located at 2061 Gordon Highway. District 5. Super District 9. (Approved by Public Services Committee December 13, 2016) Background:This is a New Ownership Application. Formerly in the name of Marty Koger. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 16- 41: request by Yong Sub Lim for a retail package Beer & Wine License to be used in connection with Get It To Go II located at 3232 Deans Bridge Road. District 5. Super District 9. (Approved by Public Services Committee December 13, 2016) Background:This is a New Ownership Application. Formerly in the name of Chong Sook Chon. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 16-42: A request by Stuart Mohr for an on premise consumption Liquor, Beer & Wine License to be used in connection with The Rub, LLC located at 2704 Gordon Highway. There will be Dance. District 4. Super District 9. (Approved by Public Services Committee December 13, 2016) Background:This is a New Ownership Application. Formerly in the name of Charles Burks. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,585.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Community Awareness Campaign for Augusta Transit Department:Transit Department Department:Transit Department Caption:Motion to support Walton Foundation for Independence developing and providing a Community Awareness Campaign for Augusta Transit. (Approved by Public Services Committee December 13, 2016) Background:Increase awareness of Augusta Transit’s current transportation services and the new value-added features . Support and enhance Augusta Transit’s “Travel Training Program,” which is in the early stages of development. This program will incorporate information on “how to use” the system including new smartphone apps that will be available soon. While the campaign is geared toward everyone, it is important to ensure that we include persons with disabilities, seniors, the population at-large, and students. Enhance perception that Augusta Transit is a mode of transportation for everyone and increased use is good for the overall community. Increase ridership on transit. The increase will be measured at different points during the campaign to measure the effectiveness of the campaign. Develop the campaign so that it can evolve over the next 3 years with Augusta Transit enhancements and successes including implemented recommendations from the Comprehensive Operational Analysis that is due to be completed in Q2 of 2017. Analysis:The project aligns with Augusta Transit’s goals and objectives, which include: • Providing high quality public transit services • Implementing image improvement solutions • Establishing a work environment that instills unity, teamwork, achievement, and trust • Maintaining budget and pursuing efficiencies • Pursuing the latest transit technologies, including vehicles, and best practices. Public/Private Partnerships are critical to improving Transit within the region. This project is an outstanding example of the private sector working with local government to improve critical and vital services to the community. Cover Memo Financial Impact:There is no financial impact to Augusta Alternatives:Do not support this initiative Recommendation:Obtain Commission support for the Walton Foundation for Independence to develop and implement the Transit Awareness Campaign with Augusta Transit. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo SIIBJECT: Support for a Community Awareness Campaign for Augusta Transit CAPTION: A motion to receive Commission support for the Walton Foundation for lndependence to develop and provide a Community Awareness Campaign for Augusta Transit. BACKGROUND: The mission of the Walton Foundation for Independence is to inspire philanthropy to support programs and services that create an inclusive lifestyle for people with disabilities in our community to live, work, and play. There are many individuals throughout Augusta that have limited ability to gain access to jobs, medical appointments, shopping, and other leisure activities because of the disabilities that they face. Often their only access to transportation is by using Augusta's Transit services. However, many are not aware of the service and do not know how to use it. The purpose of this Community Awareness Campaign for Augusta Transit is to improve mobility options for those individuals with disabilities by removing barriers to transportation service and expanding their transportation mobility options. Further, this campaign will increase awareness of the transportation opportunities that Augusta Transit provides for the community. The program will seek to educate our citizens on the benefits and use of transit through a variety of venues that can include news media, public service announcements, social media, paid advertisements, and other opportunities. Objectives: The objectives of this campaign include the following: o Increase awareness of Augusta Transit's current transportation services and the new value-added' featureso Support and enhance Augusta Transit's "Travel Training Program," which is in the early stages of development. This program will incorporate information on "how to use" the system including new smartphone apps that will be available soon.o While the campaign is geared toward everyone, it is important to ensure that we include persons with disabilities, seniors, the population at-large, and students.o Enhance perception that Augusta Transit is a mode of transportation for everyone and increased use is good for the overall community o lncrease ridership on transit. The increase will be measured at different points during the campaign to measure the effectiveness of the campaign.o Develop the campaign so that it can evolve over the next 3 years with Augusta Transit enhancements and successes including implemented recommendations from the Comprehensive Operational Analysis that is due to be completed in Q2 of 2017 . Analysis: The project aligns with Augusta Transit's goals and objectives, which include: o Providing high quality public transit serviceso Implementing image improvement solutionso Establishing a work environment that instills unity, teamwork, achievement, and trusto Maintaining budget and pursuing effrciencieso Pursuing the latest transit technologies, including vehicles, and best practices. Public/Private Partnerships are critical to improving Transit within the region. This project is an outstandingexample of the private sector working with local governmenito improvi critical and vital services to the community. FINAI\CIAL IMPACT: There is no financial impact to Augusta ALTERNATIVES: Do not support this initiative. RECOMMBNDATION: Obtain Commission support for the Walton Foundation for Independence to develop and implement the Transit Awareness Campaign with Augusta Transit. Commission Meeting Agenda 12/20/2016 2:00 PM Planning & Development Update on SA-51 Department:Clerk of Commission Department:Clerk of Commission Caption:Motion to approve with the revision in Section 302 that the construction of the emergency access road must meet all City right-of-way standards and does not address who is responsible for maintaining the road: SA-51 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta, Georgia by amending the following sections: Section 302 - Development Plan - require multiple access points and interconnectivity to unsubdivided lands. Section 400 - General Standards for Streets - require multiple access points and inconnectivity to unsubdivided lands and lengths of cul-de-sacs. The question was raised concerning Home Owner Associations (HOAs) being obligated to maintain secondary access roads into subdivisions. This is a burden that an HOA will have responsibility for based on the decision of the developer when the developer is in control of the HOA. The HOA folks get left holding the bag for maintaining a road without having being part of the decision making process. (Approved by Public Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Cover Memo Accounts: REVIEWED AND APPROVED BY: Cover Memo Nancy Morawski From: Sent: To: Cc: Subject: Lena Bonner Friday, December 02,201612:50 PM Commissioner Sammie Sias Abie L. Ladson; Melanie Wilson;Janice Allen Jackson; Nancy Morawski RE:Agenda Items for 1"3 December 20L6 Committee Meetings Commissioner Sias, Will do as requested. Lena J. Bonner Clerk of Commission Office of the Clerk of Commission Suite 22o Municipal Building 535 Telfair Street Augusta, Georgia go9o1 Tel: 7o6-8zt-182o Fax: 7o6-8zr-r838 From: Commissioner Sammie Sias Sent: Friday, December 02,2OL610:54 AM To: Lena Bonner <lbonner@augustaga.gov> Cc: Abie L. Ladson <aladson@augustaga.gov>; Melanie Wilson <MWilson@augustaga.gov>; Janice Allen Jackson <Ja nice.Jackso n @a ugustaga.gov> Subject: Agenda ltems for 13 Decembe r 2016 Committee Meetings Ms. Bonner, Please add the following items to the committee agendas for 13 December 2015 Engineering Committee: Provide a comprehensive update on the purchase of the Vac-Con trucks and Gradall Excavators for the engineering department to support the Stormwater Program Engineering Committee: Provide a path forward as to getting GDOT's attention to correct the problem created at the intersection of Deans Bridge Rd and Gordon Highway. The problem is the elimination of the merge lane for northbound Deans Bridge traffic merging into eastbound Gordon Highway traffic. It is a extreme safety hazard!! What is our path forward? Public Services Committee: Planning and Development provide an update requested reference the following: SA-51- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta Georgia by amending the following sections: Section 302 - Development Plan - require multiple access points and interconnectivity to unsubdividedlands. Section 400 - General Standards for Streets - require multiple access points and interconnectivity to unsubdivided lands and length of cul-de-sacs. The question was raised concerning Home Owner Associations (HOAs) being obligated to maintain secondary access roads into subdivisions. This is a burden that an HOA will have responsibility for based on the decisionof the developer when the developer is in control of the HOA. The HOA folks get left hotding the bag formaintaining a road without having being part of the decision making process. If a satisfactory-resolution is notbrought forward, the commission should amend or rescind Section 302. Thanking everyone in advance. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Please consider the environment before printing this email. This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received thls e-mail by mistake and delete this e-mail from your system.The City of Augusla accepts no liability for the content of this e-mail or for the "tn""qrun""s of any actions taken on the basis of the information provided, unlessthat info-rmation is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily representthose of the City of Augusta. E-mail transmissions cannot be guaranteed to Le secure or error-free as informition could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses. The sender thereiore does not accept liability for any errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please requesl a haid copy version. AED:'104.1 Commission Meeting Agenda 12/20/2016 2:00 PM 2016 - Recreation Mower Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve the replacement of one mower for the Recreation Department-Maintenance Division. (Approved by Administrative Services Committee December 13, 2016) Background: The Augusta Recreation Department would like to request the replacement of one of their disposed mowers, asset number 995006, a 1999 “Deweeze”, for their Riverwalk division due extensive maintenance cost and lack of the availability of parts. The evaluation of the Deweeze is attached. This mower is a crucial part of the department’s effort to maintain the area in and around the downtown Riverwalk and Boathouse. The new mower will also be capable of accepting various attachments that will allow it to be utilized in other tasks as well. Analysis:Fleet Management is requesting the use of the Georgia Statewide Contract for the purchase of this equipment. The state contract vendor for this produce is Venture Products, Inc, represented by Howard Brothers Hardware of Duluth, Georgia. The Georgia Statewide Contract number is 99999-001-SPD0000102-0019. We have attached the associated paperwork for your review. Financial Impact:The proposed mower will be funded by the 2016 Capital Outlay Fund account for $32,953.55. Alternatives:(1) Approve the request; (2) Do not approve the request. Recommendation:Approve the replacement of 1 mower for the Augusta Recreation Department-Maintenance Division Funds are Available in the Following Accounts: 2016 Capital Outlay: 272-01-6440/54.21120 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Howard Bros. 3616 Buford Highway Duluth, GA 30096 State Contract Howard Bros. 3616 Buford Highway Duluth, GA 30096 Retail The Cutting Edge 205 W 4TH ST Salem, VA 24153 Bob Laawrence Power Equipment 265 Braodway St. Ashville, NC 28801 Ventrac Kubota 4500Z $19,380.00 $21,219.95 $21,660.00 $19,836.00 Duel Field Trax $1,010.50 $1,175.99 $1,175.99 $1,039.65 Directional Hazard Kit $425.70 $495.00 $495.00 $430.65 Slope Indicator $292.40 $340.00 $340.00 $295.80 Canopy $490.20 $570.00 $570.00 $495.90 Tough Cut Mower $2,762.50 $3,129.95 $3,087.50 $2,827.50 Swivel Wheel Kit $494.50 $575.00 $575.00 $500.25 Mower Deck $3,009.00 $3,399.95 $3,363.00 $3,079.80 Turbine Blower $4,313.75 $4,879.95 $5,011.25 $4,589.25 Freight $775.00 $775.00 $1,100.00 $1,550.00 TOTAL 32,953.55 $36,560.79 $37,377.74 $34,644.80 SWC 99999-001-SPD0000102-0019 Venture Products / Orrville, OH 44667-0148 Cost Analysis for Recreation Mower Central Services Department - Fleet Maintenance Commission Meeting Agenda 12/20/2016 2:00 PM Motion to Deny the Protest of Federal Engineering Department:Procurement Department:Procurement Caption:Motion to deny the Protest of Federal Engineering, Inc., regarding RFP Item 16-200 Land Mobile Radio Consulting Services for Augusta, Georgia - Information Technology Department and to lift the stay of procurement in accordance with Augusta, GA Code and award bid to Engineering Associates LLC. (Approved by Administrative Services Committee December 13, 2016) Background:On October 11, 2016, the Public Safety Committee approved the recommendation of the Evaluation Selection Committee to award RFP 16-200 to Engineering Associates, LLC as the vendor of choice to provide consulting services, as outlined in RFP 16-200 Land Mobile Radio Consulting Services. The item was forwarded to the Full Commission to be awarded at the October 18, 2016, Commission Meeting. On November 4, 2016 at 10:19 AM the Procurement Department received a protest from Federal Engineering, Inc. (through their attorney, Gimmel, Weiman, Ersek, Blomberg & Lewis, P.A. Attorneys at Law) of the award. The item was put in a Stay and the final execution of the contract was placed on hold pending the Commission's directive to move forward. (See Exhibits: 1, 2, 3, and 4) It was determined by the Evaluation Selection Committee consisting of the departmental stakeholders that Federal Engineering, Inc. was not the vendor of choice. Stakeholders was from Information Technology, Sheriff's Office, Bush Field, Marshall's Office, 911, Administrator's Office and Procurement. This vendor is protesting the award of the contract due to a filing of a lawsuit from another County. In accordance to RFP 16-200 - Section 1.4 Proposal's For All Or Part: Unless otherwise specified by Augusta, Georgia or by the proponent, AUGUSTA, GEORGIA REERVE THE RIGHT TO MAKE AWARD ON ALL ITEMS, OR ON ANY OF THE ITEMS ACCORDING TO THE BEST INTEREST OF AUGUSTA, GEORGIA. Augusta awarded this RFP to the most responsible, responsive vendor responding to the specifications as required. As required by the Augusta Procurement Code Article 9 Appeals, Protests and Remedies, Sec. 1-10-87 - Notice of Cover Memo hearing. If a timely appeal is filed by the protested, the Procurement Director shall place the protest on the agenda of the Administrative Services Committee. Analysis: Financial Impact:Undetermined at this time. Alternatives:Uphold the Protest of Federal Engineering, Inc. regarding RFP Item 16-200 Land Mobile Radio Consulting Services for Augusta, Georgia's Information Technology Department. Recommendation:Deny Protest of Federal Engineering, Inc. regarding RFP Item 16- 200 Land Mobile Radio Consulting Services for Augusta, Georgia's Information Technology Department and to lift the stay of procurement in accordance with Augusta, GA Code. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ADMINISTRATIVE SERVICES COMMITTEE MEETING: DECEMBER 13, 2016 – 1:00 PM MOTION TO DENY THE PROTEST OF FEDERAL ENGINEERING, INC. AND TO LIFT THE STAY OF PROCUREMENT IN ACCORDANCE WITH AUGUSTA, GA CODE Regarding RFP Item 16-200 Land Mobile Radio Consulting Services For Augusta, Georgia – Information Technology Department Exhibits – Table of Contents Commission Approval Letter dated October 18, 2016 ........................................................................................... 1 November 4, 2016 ................................................................................................................................................... 2 Protest Letter from Gimmel, Weiman, Ersek, Blomberg & Lewis, P.A. represents Federal Engineering, Inc. Note: A copy of Barrow County’s allegation was attached November 9, 2016 ................................................................................................................................................... 3 Procurement’s Response to Federal Engineering’s 11/4/2016 (Denial of vendor’s protest and the project and a Stay of the project during the protest was issued) November 9, 2016 .................................................................................................................................................... 4 Gimmel, Weiman, Ersek, Blomberg & Lewis, P.A. – Request for an appeal November 18, 2016 ................................................................................................................................................. 5 Procurement’s letter of notification granting the Appeal to appear before Administrative Services on December 13, 2016 November 22, 2016 ................................................................................................................................................. 6 Request (via Email) from Federal Engineering’ Attorney; Requesting their Protest be read into record November 23, 2016 ................................................................................................................................................. 7 Procurement Director Denial to request for the protest be read into record (via Email) Commission Meeting Agenda 12/20/2016 2:00 PM Rules of Procedures Department: Department: Caption:Motion to approve an ordinance to amend Augusta,, GA Code section 1-2-3 Section 1-2-13 (Rules of Procedures) and Section 1- 2-30 relating to adding items to the commission and committee agendas: To consolidate related provisions of these sections; to repeal al code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Commission December 13, 2016 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Summary of Changes Proposed by the Rules Sub-Committee 1. Code sections addressing items closely related to items addressed in rules to be merged with rules for improved continuity and readability. Term “Commission-Council” changed to “Commission” to be consistent with amendments to Consolidation Act. 2. Rule 1.04. Changed to reflect that the term of the Mayor Pro Tempore is now two years. 3. Rule 1.07.01. Clarification that all supporting documentation for agenda items is to be included with the agenda item. 4. Rules 1.07.02 and 1.07.05. Restricting those who may place an item on the regular agenda to: Administrator, any member of the Commission and any elected official. 5. Rules 1.07.02, 1.07.04, 1.07.05, 1.10.02(b). Clarifying that the deadline to submit agenda items is 9 a.m. on Thursday and agenda items shall be submitted to the Clerk of Commission (not the Administrator). 6. Rule 1.07.02. Clarifying that the requirement to have an item added to the agenda after the 9 a.m. Thursday deadline is unanimous consent of the commission members in attendance. 7. Rule 1.07.02. Clarifying that unanimous consent of committee members present is required to add an item to a committee after the 9 a.m. Thursday deadline. 8. Rule 1.07.08. Added to state that if an item has appeared on the Commission Agenda and been defeated, or if no action is taken on an item, it shall not be considered again by the Commission until it has been discussed at the committee level. 9. Rule 1.10.02. Changed the public participation rule to provide that complaints about employees and business solicitations are to go to the Administrator. 10. Rule 1.01.08. Changed to state that in the event there is no quorum at a committee, all such items on such agenda shall be placed on the agenda of the next regular meeting of the full Commission. ORDINANCE NO. __________________ AN ORDINANCE TO AMEND AUGUSTA, GA CODE SECTION 1-2-3, SECTION 1-2-13 (RULES OF PROCEDURE AND SECTION 1-2-30 RELATING TO ADDING ITEMS TO THE COMMISSION AND COMMITTEE AGENDAS; TO CONSOLIDATE RELATED PROVISIONS OF THESE SECTIONS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, AUGUSTA, GA CODE Sections 1-2-3 and 1-2-13 (Rules of Procedure) both address adding items to the agendas of the Commission and the Committees; and WHEREAS, Subpart (b) of AUGUSTA, GA Code section 1-2-3 relates to the process for hiring the Administrator and is unrelated to the other parts of this section and should be moved to AUGUSTA, GA CODE section 1-2-30 as a new subsection. WHEREAS, there is a need to consolidate these provisions and to clarify the Rules as related to adding agenda items to Commission and committee meetings; and WHEREAS, it is the desire of the Commission to amend AUGUSTA, GA CODE Sections 1- 2-3 and 1-2-13 (Rules of Procedure) and to add a subsection (e) to Code section 1-2-30. THE AUGUSTA, GEORGIA COMMISSION hereby ordains as follows: SECTION 1. Augusta, GA Code Section 1-2-3 as forth in the Augusta, GA Code, as re-adopted by the Commission on July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. Augusta, GA Code Section 1-2-13 (Rules of Procedure), as re- adopted by the Commission on July 10, 2007, is hereby amended by striking the Rules of Procedure in their entirety as set forth in “Exhibit B” hereto. New Rules of Procedure are hereby inserted to replace the repealed Code Section and the repealed Rule as set forth in “Exhibit C” hereto. A new subsection (e) shall be added to Code section 1-2-30 and the process to hire the Administrator shall be added thereto as set forth in “Exhibit D.” SECTION 2. This ordinance shall become effective upon approval. SECTION 3. All ordinances, parts of ordinances, policies, and procedures concerning the time or location of Commission, Committee, or Legal meetings in conflict herewith are hereby repealed. Adopted this ____ day of _______________, 2016. ______________________________ Hardie Davis, Jr. As its Mayor Attest: Page 2 of 53 ________________________________ Lena J. Bonner, Clerk of Commission 1st Reading:______________________ 2nd Reading:______________________ Page 3 of 53 Exhibit A STRIKE: Sec. 1-2-3. Meeting-Agenda. (a) No business shall be transacted at the regular meeting or regular called meeting of the Commission on the first Tuesday and third Tuesday of each month that is not on the agenda by 9:00 a.m. on Thursday before such meeting; provided, however, business items may be added to the agenda after the deadline, with the unanimous consent of the members of the Commission present at such meeting. (b) The Administrator for Augusta-Richmond County shall be elected/appointed by a majority vote of the Commission of Augusta-Richmond County, Georgia, from nominations presented by the Mayor following the Commission approved recruitment process. The Mayor shall present as many as three top candidates for appointment, along with his recommendation. The Commission shall elect/appoint an Administrator from among the candidate or candidates presented by the Mayor. Should none of the candidates be elected/appointed, then the Mayor shall nominate as many as three new candidates from those who applied through the recruitment process. (c) An item may be removed from the agenda after 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting with unanimous approval of the members of the Commission attending the regular meeting. (d) An item may be removed from the agenda prior to 9:00 a.m. on the Thursday prior to the Tuesday, of the regular Commission meeting upon the request of the commissioner, department head, or other individual party who was responsible for placing the item on the agenda. (e) No item pertaining to alcoholic beverage application shall be placed on the agenda within one (1) year from the date of the denial of the application by the Commission. (f) No item pertaining to zoning shall be placed on the agenda for the same zoning classification within one (1) year from the date of the denial of the application by the Commission. Page 4 of 53 Exhibit B STRIKE from Sec. 1-2-13. Rules of Procedure- Appendix A, the following: OPERATIONAL PROCEDURE 1.01 MEETING-Time and place; committees. 1.01.01 Except for the months of April and July, Regular Commission meetings shall be held on the first and third Tuesday of each month at 2:00 p.m. in the Commission Chambers on the second floor of the Municipal Building. Except as otherwise provided by law, all meetings of the Commission shall be public meetings. 1.01.01(a) The first meeting in April of each year shall be held on the last week of the preceding March. 1.01.01(b) The first meeting in July of each year shall be held on the last week of the preceding June. 1.01.02 Regular Commission meetings for Executive Session matters and matters requiring urgent approval shall be held on the second and last Tuesday of every month at 11:00 a.m. in the Commission Chambers on the second floor of the Municipal Building. 1.01.02(a) Executive Session meetings shall be conducted in accordance with the Georgia Open Meetings Act. 1.01.03 Except for the months of April and July, all regular committee meetings shall be held on the second and last Tuesday of every month in the Lee N. Beard Commission Chamber beginning at 1:00 p.m. with the Public Services Committee starting first every time followed by an alphabetic rotation of the following committees Administrative Services, Engineering Services, Finance, Public Safety on a two-month rotation cycle. 1.01.03(a) The last committee meetings in March of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in March. 1.01.03(b) The last committee meetings in June of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in June. 1.01.04 Other called meetings of the Commission and Committees and the subject, dates and time of these meetings may be scheduled as needed and notification of such meetings shall be provided to the public in advance as required by law. Page 5 of 53 1.01.05 If there is a necessity to change the time and date of the regular meeting of the Commission or Committees or of any specially called meetings or any executive session meeting, this shall be done by request of the Mayor or a majority of the members of the Commission, provided a majority of the Commissioners can attend the meeting which shall be held on a different day. Notice of the time and date change shall be provided to the Mayor and Commission. 1.01.06 The Commission may hold such additional meetings as shall be deemed necessary when called by the Mayor or a majority of the members of the Commission, provided all members shall have been notified at least twenty-four (24) hours in advance of the special meeting. Provided, further, that a majority of the Commission may convene the same in extraordinary session for emergency business, such a natural disaster or civic disturbance, whenever in their judgment it may be necessary. 1.01.07 An adjourned meeting is a continuation of the meeting immediately preceding, whether a regular or special meeting. 1.01.07(a) If a scheduled meeting of the Commission is not completed due to time constraints or emergency, the meeting shall be adjourned to the following day or to a specific day scheduled by the Commission to allow for the completion of pending business. 1.01.07(b) In an adjourned meeting (regular or special), only business which would have been proper to consider at the immediately preceding meeting may be considered and acted upon at the adjourned meeting. 1.01.07(c) Adjourned meetings resume business under the same rules, limitations and rights as the immediately preceding meeting. 1.01.08Any action taken at any committee meeting (other than to postpone the agenda item to the next, or a future, committee meeting) shall be placed on the agenda of the regular meeting, regular called meeting, or special meeting of the full Commission for approval of the action of the committee. In the event there is no quorum at a committee, all such items on such agenda shall be placed on the agenda of the next regular meeting of the full Commission. 1.02 QUORUM 1.02.01 Seven (7) members of the Commission shall constitute a quorum for any meeting of the Augusta-Richmond County Commission. 1.02.02 If a quorum is not present thirty (30) minutes following the scheduled hour for convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor Pro Tempore, or in their absence, the Administrator (or his/her designee), may adjourn the meeting until the next day. By unanimous consent of those Commissioners present, the meeting may be adjourned to another hour and day. Page 6 of 53 1.02.03 If during the meeting there ceases to be a quorum, all business must stop except that the Commission, by majority vote to be recorded in the minutes (naming those present at the time of the vote) may: l.02.03(a) fix another day at which to reconvene; l.02.03(b) adjourn and return at the next regular meeting; l.02.03(c) recess to determine if a quorum will be present within a short period of time. 1.03 Chairman-Mayor. 1.03.01 The Chairman-Mayor shall have the rights and privileges of the other Commissioners with respect to debate, but shall have the right (but is not obliged) to vote on any matter (excluding appointment of any Commissioner to a committee and excluding voting as a member of any Committee as provided in the Consolidation Act) only to break a tie or to create a tie. Additionally, his/her duties during meetings shall include: 1.03.0l(a) presiding over meetings of the Commission; 1.03.0l(b) calling the meeting to order at the scheduled hour; 1.03.0l(c) determining that a quorum is present; 1.03.0l(d) preserving decorum and order at all meetings, 1.03.0l(e) making the Commissioners aware of the substance of each motion; 1.03.0l(f) calling for each vote; 1.03.0l(g) announcing the results of each vote; 1.03.0l(h) calling for a recess at such times as deemed advisable. 1.03.02 The Chairman-Mayor shall exercise such other duties as prescribed in Consolidation Act or by ordinance. 1.04 Vice Chairman-Mayor Pro Tempore. A Vice Chairman-Mayor Pro Tempore shall be elected from among the district Commissioners at the first regular meeting in January of each odd- numbered year as provided in the Consolidation Act. The Vice Chairman-Mayor Pro Tempore shall serve for a period of two years and shall have all rights, privileges and duties of the chair in the absence of the chair (excluding the right to vote to create or break a tie), and in addition shall have the right to make motions and vote on any issue, including matters coming before any Committee of which he is a member. The Vice Chairman-Mayor Pro Tempore may succeed himself/herself, subject to the two consecutive term limitation contained in the Consolidation Act. Page 7 of 53 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore. In the absence of the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shall determine whether a quorum is present. If a quorum is present, the Administrator shall call for the election of a temporary chair. The temporary chair shall preside over that meeting or until the conclusion of the business immediately pending at the time the Chairman-Mayor or Vice Chairman-Mayor Pro Tempore arrives. 1.06 Minutes. 1.06.01 All actions of the Commission, except for actions described in O.C.G.A. § 50-14- 3 and § 50-14-4, (or as these sections may be amended from time to time), shall be accurately recorded by the Clerk (or his/her designee) in the minutes which minutes shall include: 1.06.0l(a) all main motions, exactly as worded when adopted (including amendments or stipulations); 1.06.0l(b) the name of the maker of all important motions; 1.06.0l(c) disposition of all main motions, Whether 1.06.0l(c)(l) adopted; l.06.0l(c)(2) defeated; l.06.0l(c)(3) referred to committee or to staff for further information or recommendations; l.06.0l(c)(4) held until a definite time; l.06.0l(c)(5) the vote of each Commissioner; and l.06.0l(c)(6) comments of Commissioners verbatim. 1.06.02 The minutes of meetings of the Commission shall, at a minimum, briefly describe all statements made and shall record the actions taken by the Commission. Any statement shall be recorded in full at the request of a member of the Commission. A member of the Commission may incorporate an additional statement when the minutes are read. The minutes shall be read before they are approved as soon as is possible or feasible but in no case later than the next regular meeting of the Commission. 1.06.03 The responsibility for correcting and approving the minutes shall be vested only in the members of the Commission. The minutes of each meeting shall indicate their subsequent approval/ correction. The minutes may be corrected whenever an error is noticed upon approval of the Commission regardless of the time which has elapsed since recording of the minutes. Page 8 of 53 1.06.04 The minutes shall be attested to by the Clerk or his/her designee. 1.07 Regular Agenda. 1.07 .01 All agenda items shall include all supporting documentation and such shall be submitted to the Clerk for inclusion on the agenda for all meetings of the Commission. 1.07.02 Subject to the limitation of Rule 1.07.08, the Administrator, any elected official and any member of the Commission shall have the right to have an item placed on the regular agenda of the Commission provided said item is submitted to the Clerk of Commission no later than 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting or any regular Committee meeting. An item may be added to the regular agenda after the 9:00 a.m. Thursday deadline with the unanimous consent of the commission members in attendance. Unanimous consent of the committee members present shall be required to add and item to a committee agenda after the 9:00 a.m. Thursday deadline. 1.07.03 The Clerk shall be responsible for assembling the agenda and distributing it to all Commissioners no later than Friday in advance of the scheduled meeting. 1.07.04 An item may be removed from the agenda after 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting with unanimous approval of the members of the Commission attending the regular meeting. 1.07.05 An item may be removed from the agenda prior to 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting upon the request of the individual who was responsible for placing the item on the agenda. 1.07.06 No item pertaining to alcoholic beverage application shall be placed on the agenda within one (1) year from the date of the denial of the application by the Commission. 1.07.07 No item pertaining to zoning shall be placed on the agenda for the same zoning classification within one (1) year from the date of the denial of the application by the Commission. 1.07.08 If an item has appeared on the Commission Agenda and been defeated, or if no action is taken on an item, it shall not be considered again by the Commission until it has been discussed at the committee level. 1.08 Consent Agenda. 1.08.01 All items contained in the consent agenda may be voted on en gross. Prior to the vote on the consent agenda, any Commissioner may withdraw an item from the consent agenda so that it shall be voted on individually. Page 9 of 53 1.08.02 A non-agenda item shall be defined as that which is deemed by a Commissioner to require urgent attention, but which has not been placed on the published agenda. 1.08.02(a) If a Commissioner requests that a non-agenda item be added to the consent agenda, he/she must provide the specific item, and the reasons immediate attention is required, to the Commission. 1.08.02(b) The unanimous consent of the Commissioners present at the meeting shall be required to add an item to the consent agenda. 1.09 Voting. 1.09.01 All votes shall be taken by raised hand, except those which the chair handles through unanimous consent (i.e., "If there are no objections ... "), and unless there is a request for a roll-call vote. A single objection will require that a counted vote be taken. An affirmative vote of at least six (6) members of the Commission shall be required to adopt a motion, except where otherwise indicated. 1.09.02 Any Commissioner shall have the right to request a roll call vote on any issue, in which event the chair shall direct the Clerk to call the roll in alphabetical order, except that the Chairman-Mayor's name shall be called last and only when his vote will create or break a tie. As each Commissioner's name is called, such Commissioner shall vote either "yes" or "no" to the question presented. To verify the vote and to correct possible errors, the Clerk repeats the vote after each member responds to his name. At the conclusion of the roll call, the Chairman-Mayor can ask if anyone entered the room after his name was called. Changes of the vote are also permitted before the result is announced. 1.09.03 When an entire agenda "tab" has been moved to be voted upon by an en gross vote (see Section 3.01.05 herein), a Commissioner may, without discussion state that he/she is voting in the affirmative on all of the agenda items on that "tab" except certain ones which he/she will name by number. In such cases, the votes of the Commissioner(s) will be recorded as negative for the items named, unless the Commissioner abstains as provided in Section 1.09.06. 1.09.04 If a motion has been voted on without discussion and a Commissioner feels that it is necessary to explain his/her vote, he/she may have no more than one minute to give public reasons for his/her vote. The chair will not allow the Commissioner to repeat discussion that has already taken place at the same meeting, however. 1.09.05 A tie vote shall cause all procedural motions to be defeated. A tie vote on a main motion shall keep the motion as pending before the Commission and the motion shall be rescheduled for another time; Provided, however, the Chairman-Mayor shall have the right to vote to create or break a tie. 1.10 Public Participation in Commission Meetings. Page 10 of 53 1.10.01 Persons wishing to address the Commission shall do so during the Public Comment portion of the agenda. 1.10.02 Subject to the limitations provided for herein, speakers will be allowed to appear before the Commission at the public comment session prior to the regular agenda with each speaker allotted a maximum of five (5) minutes for their presentation. 1.10.02(a) Persons seeking to complain about the performance or lack thereof of an employee of Augusta, Georgia shall submit such requests to the Administrator for resolution. Such requests for public comment will not be heard by the Commission or any committee. 1.10.02(b) Persons or businesses seeking to do business with Augusta, Georgia shall submit such requests to the Administrator for consideration in accordance with the requirements of the Procurement Code. Requests to make presentations for products or services will not be heard by the Commission or any committee except as permitted by the Procurement Code. 1.10.03 Each speaker must submit a request in writing, including his/her address, which will state the topic of discussion, to the Clerk's office no later than 9:00 a.m. on the Thursday preceding the next regularly scheduled Commission. l.10.04 An extension of the five (5) minute limit per person may be granted upon the affirmative vote of six (6) members of the Commission. 1.10.05 If deemed advisable by the Chairman- Mayor, a written response to a speaker may be provided by the appropriate County staff within thirty (30) days. The Commission may respond verbally at the completion of any speaker's presentation. 1.10.06 After each individual speaker's remarks have concluded, the Chairman Mayor may, but shall not be required to, briefly respond, either personally or through another member of the Commission whom the Chairman-Mayor shall designate. In addition, when a request for special action or a grievance has been heard the matter will be referred to the Administrator (or his/her designee) who will prepare a response to the matter. If necessary, action on the matter for consideration of the Commission will be placed on the agenda for the second regular meeting following the date of the comment. 1.10.07 No speaker will be allowed to return on public comment on the same issue within a period of ninety (90) days; however a speaker may return on another issue following the policy and procedure. 1.10.08 All speakers, other than salaried members of the Augusta-Richmond County staff, shall address the Commission in the following manner: Page 11 of 53 l.10.08(a) Stating name and address (address is required only if individual has not previously provided address to Clerk). l.10.08(b) Stating whether he/she is speaking for himself/herself or for another; l.10.08(c) Stating if he/she represents an organization and whether he/she is being compensated by the organization for whom he/she speaks; l.10.08(d) Stating whether he/she or any member of his/her immediate family has a personal interest in the pending matter. l.10.08(e) Stating his/her comments. 1.10.09 All remarks shall be to the Commission as a body and addressed through the chair. Remarks shall not be made to a particular Commissioner. 1.10.10 Questions from Commissioners, the Administrator, and/or the Augusta Richmond County Attorney may be made for clarification. However, no person shall be permitted to enter into any discussion, either directly or through a member of the Commission, without permission of the chair. 1.10.11 All remarks must be related to the issue on which the speaker has requested to be heard. No person shall be allowed to make impertinent, derogatory, offensive or slanderous remarks while addressing the Commission. 1.10.11(a) A person may be barred from further speaking before the Commission in that meeting if his/her conduct is deemed "out of order"; 1.10.11(b) Once barred for improper conduct, a speaker shall not be permitted to continue or again address the Commission in that meeting unless a majority vote of the Commission allows; 1.10.11(c) In the event a speaker who is barred fails for improper conduct to obey the ruling, the chair may take such action as is deemed appropriate, including the removal of such person from the assembly; 1.10.11(d) The Commission may bar a person from addressing Commission meetings for up to sixty (60) days for improper conduct. A person barred by the Commission for this period may request a hearing by written request to the chair, which request shall state the reason(s) for a reversal of the decision. All requests for hearings shall be placed on the agenda and heard by the Commission. An affirmative vote of six (6) members of the Commission shall be required to overturn the previous decision to bar the persons. 1.10.11(e) If not otherwise recognized by the Chair, upon motion and the affirmative vote of six (6) members of the Commission, the Commission may allow Page 12 of 53 public comment on an agenda item at the time the item is being considered by the Commission. These 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 can be waived by the affirmative vote of six (6) members of the Commission. 1.10.11(f) The Commission may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the Commission. Hearings may be held immediately prior to or following a meeting of the Commission or at such other places and times as the Commission may determine. No official action shall be taken at any such public hearing. 1.11 Appointments by the Commission. 1.11.01 Appointments shall be made as necessary. When it is has been determined, by the Consolidation Act or other rule or manner, that it is the "right" or "turn" of a particular Commissioner to nominate a candidate for a position, such nominee must be elected by a majority of the Commission. If any nominee, however nominated, fails to receive a majority vote, alternate candidate(s) may be nominated until the position is filled by majority vote. 1.11.02 Any appointment to fill an expired or a new term on any board or commission, which appointment is made by the Commission, shall not have less than six (6) votes of approval. 2.00 Decorum of Debate. The following practices shall be followed in debate on motions and matters presented to the Commission. 2.01 Adherence to Agenda. 2.01.01 In discussion, the remarks made by the Commissioners shall be confined to the motion or matters immediately before the Commission. 2.01.02 All Commissioners must conduct themselves in a professional and respectful manner. All remarks should be directed to the Chairman-Mayor and not to individual Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A Commissioner may not speak at a meeting until he has been recognized by the Chairman- Mayor. All comments made by a Commissioner shall address the motion that is being discussed. 2.01.03 During these remarks a Commissioner must observe the same rules of decorum as those set forth in Section 2.02 below, and may be called to order by the Chairman-Mayor or another Commissioner if there is a breach of those rules. 2.01.04 A Commissioner may not interrogate another Commissioner, staff or citizens. No one shall attempt to enter into discussion with a Commissioner who has chosen to avail himself/herself of this opportunity to share his/her opinions with the public. Page 13 of 53 2.02 Discussion of the Issue. In discussion, a Commissioner may condemn the nature of likely consequences of the proposed measure in strong terms, but must avoid a discussion of personalities, and under no circumstances may he/she attack or question the motives of another Commissioner or staff. The issue, and not a person, shall be the item under discussion. Any Commissioner wishing to discuss an issue shall be allowed to do so; however, discussion of any particular issue by any particular Commissioner shall be limited to two (2) minutes of discussion and one (1) minute of rebuttal, unless debate is extended by the chair or by motion as provided in Section 3.04.05 hereof. 2.03 Call to Order, Remarks. The chair shall immediately call as "out of order" any remarks made outside the issue being addressed. Additionally, another Commissioner may call this breach of procedure to the attention of the chair and other Commissioners. In either case, the speaking Commissioner shall be required to continue with his/her remarks confined to the issue. 2.04 Discussion Through the Chair. All discussion shall be made through the chair, and one Commissioner may not interrogate another Commissioner or person speaking from the public except through the chair (or with the permission of the chair). 2.05 Disruptions. During discussion or voting, no Commissioner shall disturb the other Commissioners in any way that may be considered disruptive to the proceedings or that may hamper the transaction of business by the Commission. 2.06 Call to Order, Action. The chair may rule as "out of order" any action deemed inappropriate or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. The Chairman- Mayor shall say, "Commissioner/speaker, those remarks are out of order. Please cease this line of comment and make appropriate comment to the issue. 2.07 Call of "Out Of Order". 2.07.01 If a member of the Commission refuses to comply with these Rules of Procedure the following procedure shall be used: 2.07.0l(a) The Commissioner shall be "called to order" by the chair, who shall say, "Commissioner ______ [using name], you are now out of order. If you persist a reprimand will be entered into the record." 2.07.0l(b) If a Commissioner defies the ruling of the chair, the Chairman Mayor shall state, "Commissioner, you are personally out of order. Let the record indicate a reprimand against Commissioner ____________Commissioner ____________, you have a right at this time to appeal the ruling of the chair by asking that a roll call vote of the Commissioners present be taken and a statement by each Commissioner be recorded as to why he/she is for or against the ruling of the chair. A majority vote of the members of the Commission present shall govern." 3.00 Procedure in Meetings. Page 14 of 53 3.01 Motions. 3.01.01 In order for the Commission to take any official action on any subject, a Commissioner must propose a Main Motion or there must be an Recommended Main Motion, as provided in Section 3.01.02(a). A proposed Main Motion must be seconded before there will be discussion on the motion. A second does not require the Commissioner seconding the motion to support the motion. A Commissioner may withdraw a Main Motion that he has made as provided in Section 3.01.04 hereof, at any time before the Commission has voted on that motion. Prior to taking a vote, the chair shall state the motion (or resolution) or its substance, or he/she may call upon the Clerk or secretary to do so. 3.01.02 If the motion presented contains two (2) or more parts capable of standing as separate motions, a Commissioner may move to "Divide the Motion." This motion shall require a second and discussion shall be allowed only on why it should or should not be divided. A majority vote shall be required to adopt the motion to "divide the motion." 3.01.03 If a main motion is in the form of a resolution or document containing several paragraphs or sections which are not separate motions but could be discussed more efficiently if discussed in sections, a motion to Discuss by Paragraphs, Sections, or Numbered Agenda Items under a "tab," may be made. A second shall be required and discussion shall be brief as to the necessity for the action. A majority vote shall be required to "consider by paragraphs, sections, or numbered agenda items under a 'tab'." 3.01.04 Once a motion has been moved and seconded, it belongs to the entire Commission and not to the maker of the motion; therefore, if a Commissioner wishes to Withdraw a motion that is officially before the Commission, action of the Commission must be taken in either of the following ways: 3.0l.04(a) The chair may ask the Commission if there are any objections to the motion being withdrawn. If there are no objections, the motion shall be withdrawn by unanimous consent, without the need for the seconder to withdraw his/her second; 3.0l.04(b) If there is an objection to the motion being withdrawn, then the chair shall take an official vote on the "motion to withdraw the motion", a second being required. A majority vote shall be required to adopt the motion to "withdraw the motion." 3.01.05 If a Commissioner feels that time could be saved by acting on all of the agenda items under a "tab," he/she may move that it be "Considered en Gross." (See Section 1.08.02.) 3.01.06 When several alternatives need to be considered (such as staff recommendations that propose various options for the Commission to consider), unlimited choices may be considered by "Filling the Blank" in the motion: Page 15 of 53 3.0l.06(a) No Commissioner may suggest more than one proposal for filling the blank without unanimous consent from the other Commissioners; 3.01.06(b) Each proposal shall be debatable and shall be treated as an independent item to be voted on separately until one has been approved by a majority. As soon as one proposal has received a majority, no others shall be considered; 3.0l.06(c)Alternatives (from staff recommendations and/or suggestions by Commissioners) are listed in logical order for voting: 3.0l.06(c)(l) Names are listed in the order in which they were proposed, 3.0l.06(c)(2) Other proposals are listed in the order of their probable acceptability, beginning with the least popular choice. 3.02 Main Motions. 3.02.01 A main motion is a motion whose introduction brings business before the Commission. 3.02.0l(a) Recommended Main Motions- A recommendation from staff, or another item published in the agenda for action, shall be handled as an Recommended Main Motion by the chair. That is, the chair shall, upon the conclusion of a report, state, "The question (or motion) before you is ... " (stating the motion in the affirmative). No second will be required in these instances and the chair, in assuming such motion, is not presumed to be in favor of the motion and may speak against it if he/she so wishes. 3.03 Ranking of Motions. 3.03.01 Each subsidiary and privileged motion is assigned a specific rank. A motion of higher precedence can interrupt motion of lower precedence. The higher motion must be decided before the Commission returns to consider the motion of lower precedence. 3.03.02 A main motion has the lowest rank and does not take precedence over any other motion. A motion to adjourn has the highest rank and will take precedence over all other subsidiary and privileged motions. The order of precedence of motions shall be in accordance with this Section. Motions at the top of the following list take precedence over motions at the bottom of the list. HIGHEST RANK: PRIVILEGED MOTIONS (Undebatable) 1. Adjourn 2. Recess 3. Question of Privilege Page 16 of 53 SUBSIDIARY MOTIONS (Undebatable) 4. Lay on the Table (Postpone Temporarily) 5. Vote Immediately (Previous Question) 6. Limit Debate or Extend SUBSIDIARY MOTIONS (Debatable) 7. Postpone to a Time Certain (Postpone Definitely) 8. Refer to Committee (Commit) 9. Amend 10. Postpone Indefinitely OTHER MOTIONS LOWEST RANK- 11. Main Motion 3.04 Subsidiary Motions. During the course of debate, Commissioners may introduce motions that propose that the Commission take a particular action on a main motion. These motions are called subsidiary motions and they allow the Commission to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motion, Amend, Limit Debate, and Vote Immediately, also can apply to other subsidiary motions. 3.04.01 Postpone indefinitely. If a Commissioner believes that the main motion should not be considered by the Commission, that Commissioner may move to postpone the consideration of the main motion indefinitely. If the motion is successful, consideration of the main motion stops and the main motion is tabled for the duration of the meeting. A motion to postpone indefinitely can be debated, but it can be amended. A majority vote of the Commission is required for the motion to pass. 3.04.02 Amend. If a Commissioner believes that a main motion that is on the table should be changed in order to make it more acceptable, he can move to amend the motion. Amendments must be closely related to the original motion and must not change the nature of the motion that they amend. Motions to refer, amend, postpone to a time certain and the motion to recess can also be amended. A motion cannot be amended more than two times. Debate is allowed on a motion to amend only if the original motion is debatable. Debate is limited to the proposed amendment. A majority vote is required for the Commission to adopt an amendment. If the amendment is adopted then the Commission shall consider the amended version of the motion. Concerning the amending of particular motions: 3.04.02(a) If a Commissioner feels that the main motion might be more acceptable stated other than as presented, the Commissioner may amend through substitution, insertion of stipulations, striking out portions, or striking out and inserting portions. Page 17 of 53 A substitute motion shall be treated as a motion to amend. Such proposed amendments shall be handled in one of the following ways: 3.04.02(a)(l) by unanimous consent of the Commissioners; the chair, or another Commissioner, through the chair, may suggest changes or stipulations, and if there are no objections from the Commissioners, the motion shall be amended by unanimous consent. 3.04.02(a)(2) with a second, discussion and a majority vote on the proposed amendment. 3.04.02(b) If a proposed amendment fails to obtain unanimous consent or a majority vote, the main motion considered shall be the one originally presented. 3.04.02(c) An amendment must be germane (relating to the substance of the main motion) and may not introduce an independent question. 3.04.02(d) Improper amendments shall be: 3.04.02(d)(l) one(s) which are not germane, 3.04.02(d)(2) one(s) which would make the adoption of the amended motion equivalent to a rejection of the motion; 3.04.02(d)(3) one(s) which are, in the opinion of the Chairman Mayor, frivolous or absurd. 3.04.03 Refer to A Committee (Commit). If a Commissioner believes that further information is needed before the Commission 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, then a committee may be formed as a part of the motion. A motion to commit should specify the date that the committee or department will report back to the Commission. A motion to refer shall require a second and shall be debatable only as to whether or not it shall be referred, to whom it shall be referred, or when the person to whom it is referred shall report back. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to refer. This motion is amendable. A majority vote is required for the motion to pass. 3.04.04 Postpone to a Time Certain (Postpone Definitely). A motion to postpone to a certain time may be proposed if a Commissioner 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. It is debatable and can be amended. A motion to hold to a time certain shall require a second and discussion shall be limited to the reason for holding the motion or the time to which it is to be held. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to hold to a time certain. If this motion is passed, the Chairman-Mayor will bring the original motion back to the Page 18 of 53 Commission for consideration at the specified time which may be at the same meeting, at a subsequent meeting, or upon the occurrence of a specified event. A majority vote of the Commission is required for the motion to pass. 3.04.05 Limit or Extend Limits of Debate. A 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 Commissioner who makes the motion. This motion can also be used to extend the limits of debate if a limit on debate already exists. Debate is not allowed on this motion. A majority vote of the Commission is required for the motion to pass. 3.04.06 Vote Immediately (Call The Question). A Commissioner may move to "call the question" (i.e., move to end discussion) when it is clear that further discussion is unnecessary or that discussion is becoming repetitive. This motion shall not require a second and no discussion on the motion shall be allowed. If there is no objection, then it will be presumed there is unanimous consent. Should there be an objection, an affirmative vote of a majority of the Commission shall be required. 3.04.07 Lay on the Table (Postpone Temporarily). A motion to lay on the table proposes that the consideration of a main motion be postponed until a later time in the same meeting. The main motion can be brought back for consideration only if a motion to Resume Consideration is accepted by the Commission during the same meeting. The motion will die if it is not taken up during the meeting. Debate is not allowed on this motion and the motion is not amendable. A majority vote of the Commission is required for the motion to pass. 3.05 Privileged Motions. Privileged motions facilitate the running of the meeting. They do not address or relate to a main motion and can be introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. Debate is not allowed on these motions. 3.05.01 Question of Privilege. A formal question addressed to the chair concerning the rights of a Commissioner or of the Commission as a whole is referred to a question of privilege. It does not require a second and cannot be debated or amended. The chair is required to make a ruling on the question, and no vote is required unless a motion arises out of the privilege. 3.05.0l(a) If any matters occur which impede the Commission's completion of its business (e.g., noise, mechanical difficulties with equipment, matters that affect the safety, orderliness, or comfort of the Commissioners, or affecting the honor of an individual Commissioner) any Commissioner may state to the Chairman Mayor that he/she has a question of privilege and the matter must be addressed before the pending business of the Commission continues. 3.05.02 Recess. A motion to recess proposes that the meeting be suspended for a particular amount of time when business is still pending. It is a temporary intermission of the proceedings. A recess may be taken as it appears on the agenda or as it is declared by the Page 19 of 53 chair when he/she deems it advisable or by a motion from a Commissioner. The motion must specify the length of the recess. The motion must also be seconded. Debate is not allowed on this motion, but the motion can be amended. A majority vote is required for the motion to pass. 3.05.03 Adjourn. The highest ranking motion shall be the motion to adjourn, requiring a second and a majority vote with no discussion allowed, except that the motion shall contain a time to hear any non-completed items on the agenda, if such exist. If all business on the agenda has been completed, the chair may assume the motion and, without a second, obtain unanimous consent to adjourn. 3.06 Incidental Motions. Incidental motions allow Commissioners to exert their rights as a member of the Commission. Incidental motions can be introduced at any time during a meeting. 3.06.01 Appeal. Whenever a Commissioner believes that the chair is mistaken in a ruling, a Commissioner may Appeal the Chair's Decision. An appeal shall require a second and shall be debatable with the chair speaking first to explain his/her ruling. The chair may also close out the debate with a statement defending the ruling. An appeal may be made only on a ruling and may not be made: 3.06.0l(a) in response to a parliamentary inquiry or point of information; or 3.06.0l(b) in areas that challenge verifiable rulings of a factual nature. 3.06.0l(c) The chair shall state the motion as Shall the Chair's decision be sustained? A tie vote shall sustain the chair, because a majority vote of the Commission shall be required to overturn the chair's ruling. An Appeal is high in precedence and can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.02 Parliamentary Inquiry. A Parliamentary Inquiry is a question directed to the chair to obtain information on a matter of parliamentary law or the rules of the Commission. This question should take the form of a parliamentary inquiry and should relate to the current business of the Commission. The chair will answer such questions or may ask the Augusta-Richmond County Attorney or parliamentarian for an opinion. The chair's reply, whether or not he/she has requested advice from the Augusta Richmond County Attorney or parliamentarian, is an opinion, not a ruling. If a Commissioner does not agree with the chair's opinions he/she may act in a way contrary to this opinion and if ruled out of order may then appeal the chair's ruling. The chair is not obligated to respond to hypothetical questions. 3.06.03 Point of Order (Question of Order). If a Commissioner believes that a violation of the rules of parliamentary procedure has occurred, he can raise a point of order. A second is not required. The chair can make a ruling on the question or can allow the Commission to debate and then rule on the question by majority vote. A point of order can only be interrupted by a privileged motion or by a motion to lay on the table. Page 20 of 53 3.06.04 Point of Information (Request for Information). If a Commissioner has a question about the facts of a particular issue that is being considered, he may ask a point of information. A Point of Information is a request, directed to or through the chair, for information relevant to the business at hand, but not related to parliamentary procedure. This motion is addressed first to the appropriate person. A second is not required, and the motion is not debatable or amendable. 3.07 Supplementary Main Motions. Three motions allow the Commission to act on a main motion that has either been passed or tabled by the Commission. These motions are considered to be main motions but differ from usual main motions in the ways specified. 3.07.01 Reconsider. The motion to reconsider allows the Commission to debate whether or not to overturn a decision made at the meeting that is in progress. It allows the Commission to consider new information that may affect the decision that has already been made. Any Commissioner can make a motion to reconsider and any Commissioner may second the motion. The motion is debatable, but it cannot be amended. A majority vote of the Commission is required for the motion to pass. If a motion to reconsider is passed, the original decision will be voided, and the Commission will return to debate and revote the original motion. 3.07.02 Rescind. A motion to rescind proposes that the Commission overturn a motion passed at a previous meeting. A motion to rescind can be made by any Commissioner. It is in order as long as the original motion has not been implemented, but the motion to rescind shall not be in order if: 3.07.02(a) the motion to rescind is made, at the same meeting in which the action was taken; 3.07.02(b) a motion to reconsider was taken and lost; 3.07.02(c) the matter is routine and only part of the action needs to be changed, in which case the motion to "amend a previously adopted action" shall be used; 3.07.02(d) something has been done as a result of the vote to implement the earlier action adopted. An announcement of the intention to rescind a motion may be made at the meeting where the decision was made, or the Commissioner seeking to rescind may place the matter on the agenda for the next meeting. The motion to rescind will then be placed on the agenda for the next meeting. At the next meeting, the motion to rescind will formally be made. If it is seconded, then the Commission shall debate and vote on revision. A majority vote of the Commission is required for the motion to pass. If a motion to rescind is passed, the original decision will be voided. 3.07.03 Resume Consideration. The motion to resume consideration allows the Commission to consider a motion that has been temporarily postponed. This motion Page 21 of 53 requires a second and is not debatable or amendable. It is a main motion but ranks higher than any debatable motion. A majority vote is required for the motion to pass. 4.00 Actions of the Commission. All communications to persons, firms or corporations affected by actions taken at a called or regular meeting of the Commission shall be made by the Administrator for Augusta-Richmond County, informing them of the action taken. 4.01 Ordinances and Resolutions. 4.01.01 Every ordinance or resolution proposed for adoption by the Commission shall be introduced in writing and the caption of each ordinance shall be read previous to the adoption of the ordinance, unless some member of the Commission shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codification and revisions of ordinances and resolutions of the Commission. 4.01.02 Except for emergency ordinances under subsection 4.01.03 of this section or ordinances amending the Zoning Map for Augusta-Richmond County, or upon a unanimous vote of the Commission, no ordinance shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. A resolution may be adopted at the same meeting at which it is introduced. The affirmative vote of at least six (6) members of the Commission shall be required for the adoption of any ordinance or resolution; Provided, however, a vote of two-thirds of the Commission, excluding the Chairman Mayor, shall be required to change any provision of the Consolidation Act as required by said Consolidation Act. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the Commission voting for and against each proposed ordinance or resolution or amendment thereto shall be entered in the minutes of the proceedings of the Commission. 4.01.03 To meet a public emergency threatening life, health, property, or public peace, the Commission may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least six (6) members of the Commission shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. 4.01.04 The caption of each ordinance shall be read once previous to the adoption of the ordinance. All readings of every ordinance shall be by reading the caption of such ordinance only, unless some member of the Commission shall then and there demand that Page 22 of 53 the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. 4.02 Signing, Authentication, and Recording. Every ordinance or resolution adopted by the Commission shall be submitted to the Chairman-Mayor for his/her signature as promptly as practicable following its adoption. The Clerk of the Commission shall authenticate by the Clerk's signature and cause to be recorded in full all ordinances and resolutions adopted by the Commission and signed by the Chairman Mayor or otherwise becoming law in a properly indexed book kept for such purpose which shall be a public record and open to public inspection. The Commission shall further provide for the periodic updating, revision, codification, and printing of all ordinances or resolutions of a general and permanent nature, together with such codes of technical regulations and other rules and regulations as the Commission may require. 4.03 Publication of Ordinances, Notices, etc. It shall be the duty of the Chairman-Mayor to have published in the official gazette or newspaper of Augusta-Richmond County the ordinances of the Commission, the proclamations of the Chairman-Mayor and all other official notices of either the Commission or the Chairman-Mayor ordered to be published by them, respectively; also, such other matters as the Chairman-Mayor may deem advisable to publish. The ordinances of the Commission shall be published one time; all other matters shall be published such number of times as the Commission or the Chairman-Mayor may direct. The Chairman Mayor shall have published in such official gazette or newspaper only the captions of the ordinances of the Commission and shall not have the bodies of such ordinances published. 5.00 Parliamentarian. The Augusta-Richmond County Attorney or his/her designee shall serve as parliamentarian and shall advise and assist the chair and the Commission in matters of parliamentary law. A professional parliamentarian may be consulted as deemed necessary. 6.00 Parliamentary Authority. The latest edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern meetings of the Augusta-Richmond County Commission in all areas in which it is applicable and in which it is not inconsistent with these rules adopted by the Commissioners, or with higher law. 7.00 Amendments. These Rules may be amended by a majority of the entire Commission at a regular meeting or special meeting of the Augusta Richmond County Commission, provided notice has been given of the amendment(s) at the meeting prior to the vote on the amendment(s). APPENDIX Parliamentary Definitions The following parliamentary definitions apply to the RULES OF PROCEDURE FOR THE Augusta-Richmond County Commission adjourn - to officially terminate a meeting adjourned meeting - a meeting that is a continuation at a later time of a regular or special meeting Page 23 of 53 adopt - to approve or pass by whatever vote is required for the motion affirmative vote - a vote in favor of the motion as stated agenda - the official list of items of business planned for consideration during the meeting approval of minutes - formal acceptance of the record at a meeting, thus making this record the official minutes of the Commission chair - the Chairman-Mayor or Vice Chairman- Mayor Pro Tempore Code of Conduct - The Richmond County Code of Conduct Commission - the Augusta-Richmond County Commission Commissioner - any of the ten members serving on the Commission elected from the ten (10) districts established by the Consolidation Act Commission parliamentary rules- the body of rules and principles that is applied by the courts in deciding litigation involving the procedure of any organization does not include statutory law or particular rules adopted by any organization or Commission Consolidation Act - the Act consolidating the City Council of Augusta and Richmond County found in 1995 Ga. Laws p. 3648 convene - to open a meeting debate - formal discussion of a motion under the rules of parliamentary law and more often herein referred to as discussion defer or hold - to delay action by referring the motion to staff (or an agency, committee, etc.) for more information, or by postponing a vote to a certain time demand - an assertion of a parliamentary right by a Commissioner dilatory motions or tactics - misuse of procedures or motions that are out of order or would delay or prevent progress in a meeting floor - when a person receives formal recognition from the chair, he/she "has the floor" and is the only person entitled to speak germane amendment - an amendment relating directly to the motion to which it is applied germane discussion - discussion relating directly to the matter involved Page 24 of 53 hearing - a meeting for the purpose of listening to the views of an individual or of a particular group on a particular subject in order - permissible and right from a parliamentary standpoint majority vote - an affirmation vote of at least six (6) Commissioners or the vote of five (5) Commissioners and the vote of the Chairman-Mayor in the event of a tie minutes - the legal record of the action of the Commission after the record has been approved by vote of the body motion - a proposal submitted to the Commission for its consideration and decision; it is introduced by the words, "I move that ... " objection - the formal expression of opposition to a proposed action order of business - the adopted order in which the business is presented to the meeting of the Commission out of order - not correct, from a parliamentary standpoint, at the particular time parliamentary authority - the code of procedure adopted by the Commission as its parliamentary guide, governing in all parliamentary situations not otherwise provided for in the Consolidation Act, the Code of Richmond County, the Code of the City of Augusta, or other governing Bodies pending motion - sometimes referred to as pending question; a motion that has been proposed and stated by the chair for the Commission's consideration and that is awaiting decision by vote precedence - the order or priority governing the motion precedent - a course of action that may serve as a guide or rule for future similar situation procedural motion - motion to assist the Commission in treating or disposing of a main motion; or, motion relating to the pending business otherwise at hand proposal or proposition - a statement of a motion of any kind for consideration and action O.C.G.A. - Official Code of Georgia Annotated quorum - the number of persons that must be present at a meeting of the Commission to enable it to act legally on business; seven (7) members of the Commission shall constitute a quorum for any meeting of the Richmond of the Augusta-Richmond County Commission recognitions - acknowledgement by the chair, giving a person sole right to speak Page 25 of 53 reconsider - to review again a matter previously disposed of and to vote on it again; must be made on the same day of business request - a statement to the chair asking a question or some "right" rescind - to nullify or cancel out a previous action, cannot be made if action has already been taken to implement the motion it wishes to rescind resolution - a formal motion, usually in writing, and introduced by the word "resolved" that is presented to the Commission for a decision ruling - the chair's decision as it relates to the procedure of the Commission second - a Commissioner's statement that he/she is willing to have the motion considered seriatim - consideration by sections or paragraphs statute - a law passed by the Georgia legislature technical inquiry - request for information relevant to the business at hand tie vote - a vote in which the affirmative and negative votes are equal on a motion unanimous consent - deciding on a motion without voting on it but where no Commissioner voices objection, with a single objection a vote must be taken unfinished business - any business that is postponed definitely to a time certain Note-The Rules of Procedure for the conduct of parliamentary business coming before the Augusta, Georgia Commission were first adopted by the Commission in 1996. Secs. 1-2-14-1-2-25. Reserved. Page 26 of 53 Exhibit C REPLACE WITH the following in Sec. 1-2-13. Rules of Procedure- Appendix A: RULES OF PROCEDURE for the AUGUSTA, GEORGIA COMMISSION Page 27 of 53 CONTENTS Section 1.01 Meeting- Time and place; Committees Section 1.01.01 Regular, Meetings, Special Meetings, Committee Meetings Section 1.01.02 Adjourned Meetings Section 1.01.03 Executive Session Meetings Section 1.02 Quorum Section 1.03 Chairman-Mayor Section 1.04 Vice Chairman-Mayor Pro Tempore Section 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore Section 1.06 Minutes Section 1.06.01 Content of Minutes Section 1.06.02 Approval of Minutes Section 1.07 Regular Agenda Section 1.08 Consent Agenda Section 1.08.01 Voting on Consent Agenda Section 1.08.02 Non-agenda Items Section 1.09.01 Voting Section 1.09.02 Roll Call Vote Section 1.09.03 Voting “en gross” Section 1.09.04 Discussion Following Vote Section 1.09.05 Tie Votes Section 1.10 Public Participation in Commission Meetings Section 1.11 Appointments by the Commission Page 28 of 53 Section 2.00 Decorum of Debate Section 2.01 Adherence to Agenda Section 2.02 Discussion of the Issue Section 2.03 Call to Order, Remarks Section 2.04 Discussion Through the Chair Section 2.05 Disruptions Section 2.06 Call to Order, Action Section 2.07 Call “Out of Order” Section 3.00 Procedure in Meetings Section 3.01 Motions Section 3.01.01 Motions in General Section 3.01.02 Divide the Motion Section 3.01.03 Discuss by Paragraphs Section 3.01.04 Withdrawal of Motion Section 3.01.05 Considered en Gross Section 3.01.06 “Filling in the Blank” Section 3.02 Main Motions Section 3.03 Ranking of Motions Section 3.04 Subsidiary Motions Section 3.01.01 Postpone Indefinitely Section 3.04.02 Amend Section 3.04.03 Refer to a Committee Section 3.04.04 Postpone to a time Certain Page 29 of 53 Section 3.04.05 Limit or Extend Limits of Debate Section 3.04.06 Vote Immediately Section 3.04.07 Lay on the Table Section 3.05 Privileged Motions Section 3.05.01 Question of Privilege Section 3.05.02 Recess Section 3.05.03 Adjourn Section 3.06 Incidental Motions Section 3.06.01 Appeal Section 3.06.02 Parliamentary Inquiry Section 3.06.03 Point of Order Section 3.06.04 Point of Information Section 3.07 Supplementary Main Motions Section 3.07.01 Reconsider Section 3.07.02 Rescind Section 3.07.03 Resume Consideration Section 4.00 Actions of the Commission Section 4.01 Ordinances and Resolutions Section 4.02 Signing, Authentication, and Records Section 4.03 Publication of Ordinances, Notices, etc. Section 5.00 Parliamentarian Section 6.00 Parliamentary Authority Section 7.00 Amendments Page 30 of 53 APPENDIX Parliamentary Definitions Page 31 of 53 OPERATIONAL PROCEDURE 1.02 MEETING-Time and place; committees. 1.02.01 Except for the months of April and July, Regular Commission meetings shall be held on the first and third Tuesday of each month at 2:00 p.m. in the Commission Chambers on the second floor of the Municipal Building. Except as otherwise provided by law, all meetings of the Commission shall be public meetings. 1.01.01(a) The first meeting in April of each year shall be held on the last week of the preceding March. 1.01.01(b) The first meeting in July of each year shall be held on the last week of the preceding June. 1.01.08 Regular Commission meetings for Executive Session matters and matters requiring urgent approval shall be held on the second and last Tuesday of every month at 11:00 a.m. in the Commission Chambers on the second floor of the Municipal Building. 1.01.02(a) Executive Session meetings shall be conducted in accordance with the Georgia Open Meetings Act. 1.01.09 Except for the months of April and July, all regular committee meetings shall be held on the second and last Tuesday of every month in the Lee N. Beard Commission Chamber beginning at 1:00 p.m. with the Public Services Committee starting first every time followed by an alphabetic rotation of the following committees Administrative Services, Engineering Services, Finance, Public Safety on a two-month rotation cycle. 1.01.03(a) The last committee meetings in March of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in March. 1.01.03(b) The last committee meetings in June of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in June. 1.01.10 Other called meetings of the Commission and Committees and the subject, dates and time of these meetings may be scheduled as needed and notification of such meetings shall be provided to the public in advance as required by law. 1.01.11 If there is a necessity to change the time and date of the regular meeting of the Commission or Committees or of any specially called meetings or any executive session meeting, this shall be done by request of the Mayor or a majority of the members of the Commission, provided a majority of the Commissioners can attend the meeting which shall be held on a different day. Notice of the time and date change shall be provided to the Mayor and Commission. Page 32 of 53 1.01.12 The Commission may hold such additional meetings as shall be deemed necessary when called by the Mayor or a majority of the members of the Commission, provided all members shall have been notified at least twenty-four (24) hours in advance of the special meeting. Provided, further, that a majority of the Commission may convene the same in extraordinary session for emergency business, such a natural disaster or civic disturbance, whenever in their judgment it may be necessary. 1.01.13 An adjourned meeting is a continuation of the meeting immediately preceding, whether a regular or special meeting. 1.01.07(a) If a scheduled meeting of the Commission is not completed due to time constraints or emergency, the meeting shall be adjourned to the following day or to a specific day scheduled by the Commission to allow for the completion of pending business. 1.01.07(b) In an adjourned meeting (regular or special), only business which would have been proper to consider at the immediately preceding meeting may be considered and acted upon at the adjourned meeting. 1.01.07(c) Adjourned meetings resume business under the same rules, limitations and rights as the immediately preceding meeting. 1.02.08Any action taken at any committee meeting (other than to postpone the agenda item to the next, or a future, committee meeting) shall be placed on the agenda of the regular meeting, regular called meeting, or special meeting of the full Commission for approval of the action of the committee. In the event there is no quorum at a committee, all such items on such agenda shall be placed on the agenda of the next regular meeting of the full Commission. 1.03 QUORUM 1.03.01 Seven (7) members of the Commission shall constitute a quorum for any meeting of the Augusta, Georgia Commission. 1.03.02 If a quorum is not present thirty (30) minutes following the scheduled hour for convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor Pro Tempore, or in their absence, the Administrator (or his/her designee), may adjourn the meeting until the next day. By unanimous consent of those Commissioners present, the meeting may be adjourned to another hour and day. 1.02.03 If during the meeting there ceases to be a quorum, all business must stop except that the Commission, by majority vote to be recorded in the minutes (naming those present at the time of the vote) may: l.02.03(a) fix another day at which to reconvene; Page 33 of 53 l.02.03(b) adjourn and return at the next regular meeting; l.02.03(c) recess to determine if a quorum will be present within a short period of time. 1.04 Chairman-Mayor. 1.03.01 The Chairman-Mayor shall have the rights and privileges of the other Commissioners with respect to debate, but shall have the right (but is not obliged) to vote on any matter (excluding appointment of any Commissioner to a committee and excluding voting as a member of any Committee as provided in the Consolidation Act) only to break a tie or to create a tie. Additionally, his/her duties during meetings shall include: 1.03.01(a) presiding over meetings of the Commission; 1.03.01(b) calling the meeting to order at the scheduled hour; 1.03.01(c) determining that a quorum is present; 1.03.01(d) preserving decorum and order at all meetings, 1.03.01(e) making the Commissioners aware of the substance of each motion; 1.03.01(f) calling for each vote; 1.03.01(g) announcing the results of each vote; 1.03.01(h) calling for a recess at such times as deemed advisable. 1.03.02 The Chairman-Mayor shall exercise such other duties as prescribed in Consolidation Act or by ordinance. 1.04 Vice Chairman-Mayor Pro Tempore. A Vice Chairman-Mayor Pro Tempore shall be elected from among the district Commissioners at the first regular meeting in January of each odd- numbered year as provided in the Consolidation Act. The Vice Chairman-Mayor Pro Tempore shall serve for a period of two years and shall have all rights, privileges and duties of the chair in the absence of the chair (excluding the right to vote to create or break a tie), and in addition shall have the right to make motions and vote on any issue, including matters coming before any Committee of which he is a member. The Vice Chairman-Mayor Pro Tempore may succeed himself/herself, subject to the two consecutive term limitation contained in the Consolidation Act. 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore. In the absence of the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shall determine whether a quorum is present. If a quorum is present, the Administrator shall call for the election of a temporary chair. The temporary chair shall preside over that meeting or until the Page 34 of 53 conclusion of the business immediately pending at the time the Chairman-Mayor or Vice Chairman-Mayor Pro Tempore arrives. 1.06 Minutes. 1.06.01 All actions of the Commission, except for actions described in O.C.G.A. § 50-14- 3 and § 50-14-4, (or as these sections may be amended from time to time), shall be accurately recorded by the Clerk (or his/her designee) in the minutes which minutes shall include: 1.06.01(a) all main motions, exactly as worded when adopted (including amendments or stipulations); 1.06.01(b) the name of the maker of all important motions; 1.06.01(c) disposition of all main motions, Whether 1.06.01(c)(l) adopted; l.06.01(c)(2) defeated; l.06.01(c)(3) referred to committee or to staff for further information or recommendations; l.06.01(c)(4) held until a definite time; l.06.01(c)(5) the vote of each Commissioner; and l.06.0l(c)(6) comments of Commissioners verbatim. 1.06.02 The minutes of meetings of the Commission shall, at a minimum, briefly describe all statements made and shall record the actions taken by the Commission. Any statement shall be recorded in full at the request of a member of the Commission. A member of the Commission may incorporate an additional statement when the minutes are read. The minutes shall be read before they are approved as soon as is possible or feasible but in no case later than the next regular meeting of the Commission. 1.06.03 The responsibility for correcting and approving the minutes shall be vested only in the members of the Commission. The minutes of each meeting shall indicate their subsequent approval/ correction. The minutes may be corrected whenever an error is noticed upon approval of the Commission regardless of the time which has elapsed since recording of the minutes. 1.06.04 The minutes shall be attested to by the Clerk or his/her designee. 1.07 Regular Agenda. Page 35 of 53 1.07.01 All agenda items shall include all supporting documentation and such shall be submitted to the Clerk for inclusion on the agenda for all meetings of the Commission. 1.07.02 Subject to the limitation of Rule 1.07.08, the Administrator, any elected official and any member of the Commission shall have the right to have an item placed on the regular agenda of the Commission provided said item is submitted to the Clerk of Commission no later than 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting or any regular Committee meeting. An item may be added to the regular agenda after the 9:00 a.m. Thursday deadline with the unanimous consent of the commission members in attendance. Unanimous consent of the committee members present shall be required to add and item to a committee agenda after the 9:00 a.m. Thursday deadline. 1.07.03 The Clerk shall be responsible for assembling the agenda and distributing it to all Commissioners no later than Friday in advance of the scheduled meeting. 1.07.04 An item may be removed from the agenda after 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting with unanimous approval of the members of the Commission attending the regular meeting. 1.07.05 An item may be removed from the agenda prior to 9:00 a.m. on the Thursday prior to the Tuesday of the regular Commission meeting upon the request of the individual who was responsible for placing the item on the agenda. 1.07.06 No item pertaining to alcoholic beverage application shall be placed on the agenda within one (1) year from the date of the denial of the application by the Commission. 1.07.07 No item pertaining to zoning shall be placed on the agenda for the same zoning classification within one (1) year from the date of the denial of the application by the Commission. 1.07.08 If an item has appeared on the Commission Agenda and been defeated, or if no action is taken on an item, it shall not be considered again by the Commission until it has been discussed at the committee level. 1.08 Consent Agenda. 1.08.01 All items contained in the consent agenda may be voted on en gross. Prior to the vote on the consent agenda, any Commissioner may withdraw an item from the consent agenda so that it shall be voted on individually. 1.08.02 A non-agenda item shall be defined as that which is deemed by a Commissioner to require urgent attention, but which has not been placed on the published agenda. Page 36 of 53 1.08.02(a) If a Commissioner requests that a non-agenda item be added to the consent agenda, he/she must provide the specific item, and the reasons immediate attention is required, to the Commission. 1.08.02(b) The unanimous consent of the Commissioners present at the meeting shall be required to add an item to the consent agenda. 1.09 Voting. 1.09.01 All votes shall be taken by raised hand, except those which the chair handles through unanimous consent (i.e., "If there are no objections ... "), and unless there is a request for a roll-call vote. A single objection will require that a counted vote be taken. An affirmative vote of at least six (6) members of the Commission shall be required to adopt a motion, except where otherwise indicated. 1.09.02 Any Commissioner shall have the right to request a roll call vote on any issue, in which event the chair shall direct the Clerk to call the roll in alphabetical order, except that the Chairman-Mayor's name shall be called last and only when his vote will create or break a tie. As each Commissioner's name is called, such Commissioner shall vote either "yes" or "no" to the question presented. To verify the vote and to correct possible errors, the Clerk repeats the vote after each member responds to his name. At the conclusion of the roll call, the Chairman-Mayor can ask if anyone entered the room after his name was called. Changes of the vote are also permitted before the result is announced. 1.09.03 When an entire agenda "tab" has been moved to be voted upon by an en gross vote (see Section 3.01.05 herein), a Commissioner may, without discussion state that he/she is voting in the affirmative on all of the agenda items on that "tab" except certain ones which he/she will name by number. In such cases, the votes of the Commissioner(s) will be recorded as negative for the items named, unless the Commissioner abstains as provided in Section 1.09.06. 1.09.04 If a motion has been voted on without discussion and a Commissioner feels that it is necessary to explain his/her vote, he/she may have no more than one minute to give public reasons for his/her vote. The chair will not allow the Commissioner to repeat discussion that has already taken place at the same meeting, however. 1.09.05 A tie vote shall cause all procedural motions to be defeated. A tie vote on a main motion shall keep the motion as pending before the Commission and the motion shall be rescheduled for another time; Provided, however, the Chairman-Mayor shall have the right to vote to create or break a tie. 1.10 Public Participation in Commission Meetings. 1.10.01 Persons wishing to address the Commission shall do so during the Public Comment portion of the agenda. Page 37 of 53 1.10.02 Subject to the limitations provided for herein, speakers will be allowed to appear before the Commission at the public comment session prior to the regular agenda with each speaker allotted a maximum of five (5) minutes for their presentation. 1.10.02(a) Persons seeking to complain about the performance or lack thereof of an employee of Augusta, Georgia shall submit such requests to the Administrator for resolution. Such requests for public comment will not be heard by the Commission or any committee. 1.10.02(b) Persons or businesses seeking to do business with Augusta, Georgia shall submit such requests to the Administrator for consideration in accordance with the requirements of the Procurement Code. Requests to make presentations for products or services will not be heard by the Commission or any committee except as permitted by the Procurement Code. 1.10.03 Each speaker must submit a request in writing, including his/her address, which will state the topic of discussion, to the Clerk's office no later than 9:00 a.m. on the Thursday preceding the next regularly scheduled Commission. l.10.04 An extension of the five (5) minute limit per person may be granted upon the affirmative vote of six (6) members of the Commission. 1.10.05 If deemed advisable by the Chairman- Mayor, a written response to a speaker may be provided by the appropriate County staff within thirty (30) days. The Commission may respond verbally at the completion of any speaker's presentation. 1.10.06 After each individual speaker's remarks have concluded, the Chairman Mayor may, but shall not be required to, briefly respond, either personally or through another member of the Commission whom the Chairman-Mayor shall designate. In addition, when a request for special action or a grievance has been heard the matter will be referred to the Administrator (or his/her designee) who will prepare a response to the matter. If necessary, action on the matter for consideration of the Commission will be placed on the agenda for the second regular meeting following the date of the comment. 1.10.07 No speaker will be allowed to return on public comment on the same issue within a period of ninety (90) days; however a speaker may return on another issue following the policy and procedure. 1.10.08 All speakers, other than salaried members of the Augusta, Georgia staff, shall address the Commission in the following manner: l.10.08(a) Stating name and address (address is required only if individual has not previously provided address to Clerk). l.10.08(b) Stating whether he/she is speaking for himself/herself or for another; Page 38 of 53 l.10.08(c) Stating if he/she represents an organization and whether he/she is being compensated by the organization for whom he/she speaks; l.10.08(d) Stating whether he/she or any member of his/her immediate family has a personal interest in the pending matter. l.10.08(e) Stating his/her comments. 1.10.09 All remarks shall be to the Commission as a body and addressed through the chair. Remarks shall not be made to a particular Commissioner. 1.10.10 Questions from Commissioners, the Administrator, and/or the Augusta Richmond County Attorney may be made for clarification. However, no person shall be permitted to enter into any discussion, either directly or through a member of the Commission, without permission of the chair. 1.10.11 All remarks must be related to the issue on which the speaker has requested to be heard. No person shall be allowed to make impertinent, derogatory, offensive or slanderous remarks while addressing the Commission. 1.10.11(a) A person may be barred from further speaking before the Commission in that meeting if his/her conduct is deemed "out of order"; 1.10.11(b) Once barred for improper conduct, a speaker shall not be permitted to continue or again address the Commission in that meeting unless a majority vote of the Commission allows; 1.10.11(c) In the event a speaker who is barred fails for improper conduct to obey the ruling, the chair may take such action as is deemed appropriate, including the removal of such person from the assembly; 1.10.11l(d) The Commission may bar a person from addressing Commission meetings for up to sixty (60) days for improper conduct. A person barred by the Commission for this period may request a hearing by written request to the chair, which request shall state the reason(s) for a reversal of the decision. All requests for hearings shall be placed on the agenda and heard by the Commission. An affirmative vote of six (6) members of the Commission shall be required to overturn the previous decision to bar the persons. 1.10.11(e) If not otherwise recognized by the Chair, upon motion and the affirmative vote of six (6) members of the Commission, the Commission may allow public comment on an agenda item at the time the item is being considered by the Commission. These 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 can be waived by the affirmative vote of six (6) members of the Commission. Page 39 of 53 1.10.11(f) The Commission may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the Commission. Hearings may be held immediately prior to or following a meeting of the Commission or at such other places and times as the Commission may determine. No official action shall be taken at any such public hearing. 1.11 Appointments by the Commission. 1.11.01 Appointments shall be made as necessary. When it is has been determined, by the Consolidation Act or other rule or manner, that it is the "right" or "turn" of a particular Commissioner to nominate a candidate for a position, such nominee must be elected by a majority of the Commission. If any nominee, however nominated, fails to receive a majority vote, alternate candidate(s) may be nominated until the position is filled by majority vote. 1.11.02 Any appointment to fill an expired or a new term on any board or commission, which appointment is made by the Commission, shall not have less than six (6) votes of approval. 2.00 Decorum of Debate. The following practices shall be followed in debate on motions and matters presented to the Commission. 2.01 Adherence to Agenda. 2.01.01 In discussion, the remarks made by the Commissioners shall be confined to the motion or matters immediately before the Commission. 2.01.02 All Commissioners must conduct themselves in a professional and respectful manner. All remarks should be directed to the Chairman-Mayor and not to individual Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A Commissioner may not speak at a meeting until he has been recognized by the Chairman- Mayor. All comments made by a Commissioner shall address the motion that is being discussed. 2.01.03 During these remarks a Commissioner must observe the same rules of decorum as those set forth in Section 2.02 below, and may be called to order by the Chairman-Mayor or another Commissioner if there is a breach of those rules. 2.01.04 A Commissioner may not interrogate another Commissioner, staff or citizens. No one shall attempt to enter into discussion with a Commissioner who has chosen to avail himself/herself of this opportunity to share his/her opinions with the public. 2.02 Discussion of the Issue. In discussion, a Commissioner may condemn the nature of likely consequences of the proposed measure in strong terms, but must avoid a discussion of personalities, and under no circumstances may he/she attack or question the motives of another Commissioner or staff. The issue, and not a person, shall be the item under discussion. Any Page 40 of 53 Commissioner wishing to discuss an issue shall be allowed to do so; however, discussion of any particular issue by any particular Commissioner shall be limited to two (2) minutes of discussion and one (1) minute of rebuttal, unless debate is extended by the chair or by motion as provided in Section 3.04.05 hereof. 2.03 Call to Order, Remarks. The chair shall immediately call as "out of order" any remarks made outside the issue being addressed. Additionally, another Commissioner may call this breach of procedure to the attention of the chair and other Commissioners. In either case, the speaking Commissioner shall be required to continue with his/her remarks confined to the issue. 2.04 Discussion Through the Chair. All discussion shall be made through the chair, and one Commissioner may not interrogate another Commissioner or person speaking from the public except through the chair (or with the permission of the chair). 2.05 Disruptions. During discussion or voting, no Commissioner shall disturb the other Commissioners in any way that may be considered disruptive to the proceedings or that may hamper the transaction of business by the Commission. 2.06 Call to Order, Action. The chair may rule as "out of order" any action deemed inappropriate or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. The Chairman- Mayor shall say, "Commissioner/speaker, those remarks are out of order. Please cease this line of comment and make appropriate comment to the issue. 2.07 Call of "Out Of Order". 2.07.01 If a member of the Commission refuses to comply with these Rules of Procedure the following procedure shall be used: 2.07.0l(a) The Commissioner shall be "called to order" by the chair, who shall say, "Commissioner ______ [using name], you are now out of order. If you persist a reprimand will be entered into the record." 2.07.0l(b) If a Commissioner defies the ruling of the chair, the Chairman Mayor shall state, "Commissioner, you are personally out of order. Let the record indicate a reprimand against Commissioner ____________Commissioner ____________, you have a right at this time to appeal the ruling of the chair by asking that a roll call vote of the Commissioners present be taken and a statement by each Commissioner be recorded as to why he/she is for or against the ruling of the chair. A majority vote of the members of the Commission present shall govern." 3.00 Procedure in Meetings. 3.01 Motions. 3.01.01 In order for the Commission to take any official action on any subject, a Commissioner must propose a Main Motion or there must be a Recommended Main Page 41 of 53 Motion, as provided in Section 3.01.02(a). A proposed Main Motion must be seconded before there will be discussion on the motion. A second does not require the Commissioner seconding the motion to support the motion. A Commissioner may withdraw a Main Motion that he has made as provided in Section 3.01.04 hereof, at any time before the Commission has voted on that motion. Prior to taking a vote, the chair shall state the motion (or resolution) or its substance, or he/she may call upon the Clerk or secretary to do so. 3.01.02 If the motion presented contains two (2) or more parts capable of standing as separate motions, a Commissioner may move to "Divide the Motion." This motion shall require a second and discussion shall be allowed only on why it should or should not be divided. A majority vote shall be required to adopt the motion to "divide the motion." 3.01.03 If a main motion is in the form of a resolution or document containing several paragraphs or sections which are not separate motions but could be discussed more efficiently if discussed in sections, a motion to Discuss by Paragraphs, Sections, or Numbered Agenda Items under a "tab," may be made. A second shall be required and discussion shall be brief as to the necessity for the action. A majority vote shall be required to "consider by paragraphs, sections, or numbered agenda items under a 'tab'." 3.01.04 Once a motion has been moved and seconded, it belongs to the entire Commission and not to the maker of the motion; therefore, if a Commissioner wishes to Withdraw a motion that is officially before the Commission, action of the Commission must be taken in either of the following ways: 3.0l.04(a) The chair may ask the Commission if there are any objections to the motion being withdrawn. If there are no objections, the motion shall be withdrawn by unanimous consent, without the need for the seconder to withdraw his/her second; 3.0l.04(b) If there is an objection to the motion being withdrawn, then the chair shall take an official vote on the "motion to withdraw the motion", a second being required. A majority vote shall be required to adopt the motion to "withdraw the motion." 3.01.05 If a Commissioner feels that time could be saved by acting on all of the agenda items under a "tab," he/she may move that it be "Considered en Gross." (See Section 1.08.02.) 3.01.06 When several alternatives need to be considered (such as staff recommendations that propose various options for the Commission to consider), unlimited choices may be considered by "Filling the Blank" in the motion: 3.0l.06(a) No Commissioner may suggest more than one proposal for filling the blank without unanimous consent from the other Commissioners; Page 42 of 53 3.01.06(b) Each proposal shall be debatable and shall be treated as an independent item to be voted on separately until one has been approved by a majority. As soon as one proposal has received a majority, no others shall be considered; 3.0l.06(c)Alternatives (from staff recommendations and/or suggestions by Commissioners) are listed in logical order for voting: 3.0l.06(c)(l) Names are listed in the order in which they were proposed, 3.0l.06(c)(2) Other proposals are listed in the order of their probable acceptability, beginning with the least popular choice. 3.02 Main Motions. 3.02.01 A main motion is a motion whose introduction brings business before the Commission. 3.02.0l(a) Recommended Main Motions- A recommendation from staff, or another item published in the agenda for action, shall be handled as an Recommended Main Motion by the chair. That is, the chair shall, upon the conclusion of a report, state, "The question (or motion) before you is ... " (stating the motion in the affirmative). No second will be required in these instances and the chair, in assuming such motion, is not presumed to be in favor of the motion and may speak against it if he/she so wishes. 3.03 Ranking of Motions. 3.03.01 Each subsidiary and privileged motion is assigned a specific rank. A motion of higher precedence can interrupt motion of lower precedence. The higher motion must be decided before the Commission returns to consider the motion of lower precedence. 3.03.02 A main motion has the lowest rank and does not take precedence over any other motion. A motion to adjourn has the highest rank and will take precedence over all other subsidiary and privileged motions. The order of precedence of motions shall be in accordance with this Section. Motions at the top of the following list take precedence over motions at the bottom of the list. HIGHEST RANK: PRIVILEGED MOTIONS (Undebatable) 1. Adjourn 2. Recess 3. Question of Privilege SUBSIDIARY MOTIONS (Undebatable) 4. Lay on the Table (Postpone Temporarily) Page 43 of 53 5. Vote Immediately (Previous Question) 6. Limit Debate or Extend SUBSIDIARY MOTIONS (Debatable) 7. Postpone to a Time Certain (Postpone Definitely) 8. Refer to Committee (Commit) 9. Amend 10. Postpone Indefinitely OTHER MOTIONS LOWEST RANK- 11. Main Motion 3.04 Subsidiary Motions. During the course of debate, Commissioners may introduce motions that propose that the Commission take a particular action on a main motion. These motions are called subsidiary motions and they allow the Commission to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motion, Amend, Limit Debate, and Vote Immediately, also can apply to other subsidiary motions. 3.04.01 Postpone indefinitely. If a Commissioner believes that the main motion should not be considered by the Commission, that Commissioner may move to postpone the consideration of the main motion indefinitely. If the motion is successful, consideration of the main motion stops and the main motion is tabled for the duration of the meeting. A motion to postpone indefinitely can be debated, but it can be amended. A majority vote of the Commission is required for the motion to pass. 3.04.02 Amend. If a Commissioner believes that a main motion that is on the table should be changed in order to make it more acceptable, he can move to amend the motion. Amendments must be closely related to the original motion and must not change the nature of the motion that they amend. Motions to refer, amend, postpone to a time certain and the motion to recess can also be amended. A motion cannot be amended more than two times. Debate is allowed on a motion to amend only if the original motion is debatable. Debate is limited to the proposed amendment. A majority vote is required for the Commission to adopt an amendment. If the amendment is adopted then the Commission shall consider the amended version of the motion. Concerning the amending of particular motions: 3.04.02(a) If a Commissioner feels that the main motion might be more acceptable stated other than as presented, the Commissioner may amend through substitution, insertion of stipulations, striking out portions, or striking out and inserting portions. A substitute motion shall be treated as a motion to amend. Such proposed amendments shall be handled in one of the following ways: Page 44 of 53 3.04.02(a)(l) by unanimous consent of the Commissioners; the chair, or another Commissioner, through the chair, may suggest changes or stipulations, and if there are no objections from the Commissioners, the motion shall be amended by unanimous consent. 3.04.02(a)(2) with a second, discussion and a majority vote on the proposed amendment. 3.04.02(b) If a proposed amendment fails to obtain unanimous consent or a majority vote, the main motion considered shall be the one originally presented. 3.04.02(c) An amendment must be germane (relating to the substance of the main motion) and may not introduce an independent question. 3.04.02(d) Improper amendments shall be: 3.04.02(d)(l) one(s) which are not germane, 3.04.02(d)(2) one(s) which would make the adoption of the amended motion equivalent to a rejection of the motion; 3.04.02(d)(3) one(s) which are, in the opinion of the Chairman Mayor, frivolous or absurd. 3.04.03 Refer to A Committee (Commit). If a Commissioner believes that further information is needed before the Commission 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, then a committee may be formed as a part of the motion. A motion to commit should specify the date that the committee or department will report back to the Commission. A motion to refer shall require a second and shall be debatable only as to whether or not it shall be referred, to whom it shall be referred, or when the person to whom it is referred shall report back. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to refer. This motion is amendable. A majority vote is required for the motion to pass. 3.04.04 Postpone to a Time Certain (Postpone Definitely). A motion to postpone to a certain time may be proposed if a Commissioner 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. It is debatable and can be amended. A motion to hold to a time certain shall require a second and discussion shall be limited to the reason for holding the motion or the time to which it is to be held. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to hold to a time certain. If this motion is passed, the Chairman-Mayor will bring the original motion back to the Commission for consideration at the specified time which may be at the same meeting, at a subsequent meeting, or upon the occurrence of a specified event. A majority vote of the Commission is required for the motion to pass. Page 45 of 53 3.04.05 Limit or Extend Limits of Debate. A 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 Commissioner who makes the motion. This motion can also be used to extend the limits of debate if a limit on debate already exists. Debate is not allowed on this motion. A majority vote of the Commission is required for the motion to pass. 3.04.06 Vote Immediately (Call The Question). A Commissioner may move to "call the question" (i.e., move to end discussion) when it is clear that further discussion is unnecessary or that discussion is becoming repetitive. This motion shall not require a second and no discussion on the motion shall be allowed. If there is no objection, then it will be presumed there is unanimous consent. Should there be an objection, an affirmative vote of a majority of the Commission shall be required. 3.04.07 Lay on the Table (Postpone Temporarily). A motion to lay on the table proposes that the consideration of a main motion be postponed until a later time in the same meeting. The main motion can be brought back for consideration only if a motion to Resume Consideration is accepted by the Commission during the same meeting. The motion will die if it is not taken up during the meeting. Debate is not allowed on this motion and the motion is not amendable. A majority vote of the Commission is required for the motion to pass. 3.05 Privileged Motions. Privileged motions facilitate the running of the meeting. They do not address or relate to a main motion and can be introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. Debate is not allowed on these motions. 3.05.01 Question of Privilege. A formal question addressed to the chair concerning the rights of a Commissioner or of the Commission as a whole is referred to a question of privilege. It does not require a second and cannot be debated or amended. The chair is required to make a ruling on the question, and no vote is required unless a motion arises out of the privilege. 3.05.0l(a) If any matters occur which impede the Commission's completion of its business (e.g., noise, mechanical difficulties with equipment, matters that affect the safety, orderliness, or comfort of the Commissioners, or affecting the honor of an individual Commissioner) any Commissioner may state to the Chairman Mayor that he/she has a question of privilege and the matter must be addressed before the pending business of the Commission continues. 3.05.02 Recess. A motion to recess proposes that the meeting be suspended for a particular amount of time when business is still pending. It is a temporary intermission of the proceedings. A recess may be taken as it appears on the agenda or as it is declared by the chair when he/she deems it advisable or by a motion from a Commissioner. The motion must specify the length of the recess. The motion must also be seconded. Debate is not Page 46 of 53 allowed on this motion, but the motion can be amended. A majority vote is required for the motion to pass. 3.05.03 Adjourn. The highest ranking motion shall be the motion to adjourn, requiring a second and a majority vote with no discussion allowed, except that the motion shall contain a time to hear any non-completed items on the agenda, if such exist. If all business on the agenda has been completed, the chair may assume the motion and, without a second, obtain unanimous consent to adjourn. 3.06 Incidental Motions. Incidental motions allow Commissioners to exert their rights as a member of the Commission. Incidental motions can be introduced at any time during a meeting. 3.06.01 Appeal. Whenever a Commissioner believes that the chair is mistaken in a ruling, a Commissioner may Appeal the Chair's Decision. An appeal shall require a second and shall be debatable with the chair speaking first to explain his/her ruling. The chair may also close out the debate with a statement defending the ruling. An appeal may be made only on a ruling and may not be made: 3.06.01(a) in response to a parliamentary inquiry or point of information; or 3.06.01(b) in areas that challenge verifiable rulings of a factual nature. 3.06.01(c) The chair shall state the motion as Shall the Chair's decision be sustained? A tie vote shall sustain the chair, because a majority vote of the Commission shall be required to overturn the chair's ruling. An Appeal is high in precedence and can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.02 Parliamentary Inquiry. A Parliamentary Inquiry is a question directed to the chair to obtain information on a matter of parliamentary law or the rules of the Commission. This question should take the form of a parliamentary inquiry and should relate to the current business of the Commission. The chair will answer such questions or may ask the Augusta, Georgia Attorney or parliamentarian for an opinion. The chair's reply, whether or not he/she has requested advice from the Augusta Richmond County Attorney or parliamentarian, is an opinion, not a ruling. If a Commissioner does not agree with the chair's opinions he/she may act in a way contrary to this opinion and if ruled out of order may then appeal the chair's ruling. The chair is not obligated to respond to hypothetical questions. 3.06.03 Point of Order (Question of Order). If a Commissioner believes that a violation of the rules of parliamentary procedure has occurred, he can raise a point of order. A second is not required. The chair can make a ruling on the question or can allow the Commission to debate and then rule on the question by majority vote. A point of order can only be interrupted by a privileged motion or by a motion to lay on the table. Page 47 of 53 3.06.04 Point of Information (Request for Information). If a Commissioner has a question about the facts of a particular issue that is being considered, he may ask a point of information. A Point of Information is a request, directed to or through the chair, for information relevant to the business at hand, but not related to parliamentary procedure. This motion is addressed first to the appropriate person. A second is not required, and the motion is not debatable or amendable. 3.07 Supplementary Main Motions. Three motions allow the Commission to act on a main motion that has either been passed or tabled by the Commission. These motions are considered to be main motions but differ from usual main motions in the ways specified. 3.07.01 Reconsider. The motion to reconsider allows the Commission to debate whether or not to overturn a decision made at the meeting that is in progress. It allows the Commission to consider new information that may affect the decision that has already been made. Any Commissioner can make a motion to reconsider and any Commissioner may second the motion. The motion is debatable, but it cannot be amended. A majority vote of the Commission is required for the motion to pass. If a motion to reconsider is passed, the original decision will be voided, and the Commission will return to debate and revote the original motion. 3.07.02 Rescind. A motion to rescind proposes that the Commission overturn a motion passed at a previous meeting. A motion to rescind can be made by any Commissioner. It is in order as long as the original motion has not been implemented, but the motion to rescind shall not be in order if: 3.07.02(a) the motion to rescind is made, at the same meeting in which the action was taken; 3.07.02(b) a motion to reconsider was taken and lost; 3.07.02(c) the matter is routine and only part of the action needs to be changed, in which case the motion to "amend a previously adopted action" shall be used; 3.07.02(d) something has been done as a result of the vote to implement the earlier action adopted. An announcement of the intention to rescind a motion may be made at the meeting where the decision was made, or the Commissioner seeking to rescind may place the matter on the agenda for the next meeting. The motion to rescind will then be placed on the agenda for the next meeting. At the next meeting, the motion to rescind will formally be made. If it is seconded, then the Commission shall debate and vote on revision. A majority vote of the Commission is required for the motion to pass. If a motion to rescind is passed, the original decision will be voided. 3.07.03 Resume Consideration. The motion to resume consideration allows the Commission to consider a motion that has been temporarily postponed. This motion Page 48 of 53 requires a second and is not debatable or amendable. It is a main motion but ranks higher than any debatable motion. A majority vote is required for the motion to pass. 4.00 Actions of the Commission. All communications to persons, firms or corporations affected by actions taken at a called or regular meeting of the Commission shall be made by the Administrator for Augusta, Georgia, informing them of the action taken. 4.01 Ordinances and Resolutions. 4.01.01 Every ordinance or resolution proposed for adoption by the Commission shall be introduced in writing and the caption of each ordinance shall be read previous to the adoption of the ordinance, unless some member of the Commission shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codification and revisions of ordinances and resolutions of the Commission. 4.01.02 Except for emergency ordinances under subsection 4.01.03 of this section or ordinances amending the Zoning Map for Augusta, Georgia, or upon a unanimous vote of the Commission, no ordinance shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. A resolution may be adopted at the same meeting at which it is introduced. The affirmative vote of at least six (6) members of the Commission shall be required for the adoption of any ordinance or resolution; Provided, however, a vote of two-thirds of the Commission, excluding the Chairman Mayor, shall be required to change any provision of the Consolidation Act as required by said Consolidation Act. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the Commission voting for and against each proposed ordinance or resolution or amendment thereto shall be entered in the minutes of the proceedings of the Commission. 4.01.03 To meet a public emergency threatening life, health, property, or public peace, the Commission may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least six (6) members of the Commission shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. 4.01.04 The caption of each ordinance shall be read once previous to the adoption of the ordinance. All readings of every ordinance shall be by reading the caption of such ordinance only, unless some member of the Commission shall then and there demand that Page 49 of 53 the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. 4.02 Signing, Authentication, and Recording. Every ordinance or resolution adopted by the Commission shall be submitted to the Chairman-Mayor for his/her signature as promptly as practicable following its adoption. The Clerk of the Commission shall authenticate by the Clerk's signature and cause to be recorded in full all ordinances and resolutions adopted by the Commission and signed by the Chairman Mayor or otherwise becoming law in a properly indexed book kept for such purpose which shall be a public record and open to public inspection. The Commission shall further provide for the periodic updating, revision, codification, and printing of all ordinances or resolutions of a general and permanent nature, together with such codes of technical regulations and other rules and regulations as the Commission may require. 4.03 Publication of Ordinances, Notices, etc. It shall be the duty of the Chairman-Mayor to have published in the official gazette or newspaper of Augusta, Georgia the ordinances of the Commission, the proclamations of the Chairman-Mayor and all other official notices of either the Commission or the Chairman-Mayor ordered to be published by them, respectively; also, such other matters as the Chairman-Mayor may deem advisable to publish. The ordinances of the Commission shall be published one time; all other matters shall be published such number of times as the Commission or the Chairman-Mayor may direct. The Chairman Mayor shall have published in such official gazette or newspaper only the captions of the ordinances of the Commission and shall not have the bodies of such ordinances published. 5.00 Parliamentarian. The Augusta, Georgia Attorney or his/her designee shall serve as parliamentarian and shall advise and assist the chair and the Commission in matters of parliamentary law. A professional parliamentarian may be consulted as deemed necessary. 6.00 Parliamentary Authority. The latest edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern meetings of the Augusta, Georgia Commission in all areas in which it is applicable and in which it is not inconsistent with these rules adopted by the Commissioners, or with higher law. 7.00 Amendments. These Rules may be amended by a majority of the entire Commission at a regular meeting or special meeting of the Augusta Richmond County Commission, provided notice has been given of the amendment(s) at the meeting prior to the vote on the amendment(s). APPENDIX Parliamentary Definitions The following parliamentary definitions apply to the RULES OF PROCEDURE FOR THE Augusta, Georgia Commission adjourn - to officially terminate a meeting adjourned meeting - a meeting that is a continuation at a later time of a regular or special meeting Page 50 of 53 adopt - to approve or pass by whatever vote is required for the motion affirmative vote - a vote in favor of the motion as stated agenda - the official list of items of business planned for consideration during the meeting approval of minutes - formal acceptance of the record at a meeting, thus making this record the official minutes of the Commission chair - the Chairman-Mayor or Vice Chairman- Mayor Pro Tempore Code of Conduct - The Richmond County Code of Conduct Commission - the Augusta, Georgia Commission Commissioner - any of the ten members serving on the Commission elected from the ten (10) districts established by the Consolidation Act Commission parliamentary rules- the body of rules and principles that is applied by the courts in deciding litigation involving the procedure of any organization does not include statutory law or particular rules adopted by any organization or Commission Consolidation Act - the Act consolidating the City Council of Augusta and Richmond County found in 1995 Ga. Laws p. 3648 convene - to open a meeting debate - formal discussion of a motion under the rules of parliamentary law and more often herein referred to as discussion defer or hold - to delay action by referring the motion to staff (or an agency, committee, etc.) for more information, or by postponing a vote to a certain time demand - an assertion of a parliamentary right by a Commissioner dilatory motions or tactics - misuse of procedures or motions that are out of order or would delay or prevent progress in a meeting floor - when a person receives formal recognition from the chair, he/she "has the floor" and is the only person entitled to speak germane amendment - an amendment relating directly to the motion to which it is applied germane discussion - discussion relating directly to the matter involved Page 51 of 53 hearing - a meeting for the purpose of listening to the views of an individual or of a particular group on a particular subject in order - permissible and right from a parliamentary standpoint majority vote - an affirmation vote of at least six (6) Commissioners or the vote of five (5) Commissioners and the vote of the Chairman-Mayor in the event of a tie minutes - the legal record of the action of the Commission after the record has been approved by vote of the body motion - a proposal submitted to the Commission for its consideration and decision; it is introduced by the words, "I move that ... " objection - the formal expression of opposition to a proposed action order of business - the adopted order in which the business is presented to the meeting of the Commission out of order - not correct, from a parliamentary standpoint, at the particular time parliamentary authority - the code of procedure adopted by the Commission as its parliamentary guide, governing in all parliamentary situations not otherwise provided for in the Consolidation Act, the Code of Richmond County, the Code of the City of Augusta, or other governing Bodies pending motion - sometimes referred to as pending question; a motion that has been proposed and stated by the chair for the Commission's consideration and that is awaiting decision by vote precedence - the order or priority governing the motion precedent - a course of action that may serve as a guide or rule for future similar situation procedural motion - motion to assist the Commission in treating or disposing of a main motion; or, motion relating to the pending business otherwise at hand proposal or proposition - a statement of a motion of any kind for consideration and action O.C.G.A. - Official Code of Georgia Annotated quorum - the number of persons that must be present at a meeting of the Commission to enable it to act legally on business; seven (7) members of the Commission shall constitute a quorum for any meeting of the Augusta, Georgia Commission recognitions - acknowledgement by the chair, giving a person sole right to speak Page 52 of 53 reconsider - to review again a matter previously disposed of and to vote on it again; must be made on the same day of business request - a statement to the chair asking a question or some "right" rescind - to nullify or cancel out a previous action, cannot be made if action has already been taken to implement the motion it wishes to rescind resolution - a formal motion, usually in writing, and introduced by the word "resolved" that is presented to the Commission for a decision ruling - the chair's decision as it relates to the procedure of the Commission second - a Commissioner's statement that he/she is willing to have the motion considered seriatim - consideration by sections or paragraphs statute - a law passed by the Georgia legislature technical inquiry - request for information relevant to the business at hand tie vote - a vote in which the affirmative and negative votes are equal on a motion unanimous consent - deciding on a motion without voting on it but where no Commissioner voices objection, with a single objection a vote must be taken unfinished business - any business that is postponed definitely to a time certain Note-The Rules of Procedure for the conduct of parliamentary business coming before the Augusta, Georgia Commission were first adopted by the Commission in 1996. Secs. 1-2-14-1-2-25. Reserved. Page 53 of 53 Exhibit D ADD NEW the following subsection to Code Sec. 1-2-30: (e) The Administrator for Augusta, Georgia shall be elected/appointed by a majority vote of the Commission of Augusta, Georgia, from nominations presented by the Mayor following the Commission approved recruitment process. The Mayor shall present as many as three top candidates for appointment, along with his recommendation. The Commission shall elect/appoint an Administrator from among the candidate or candidates presented by the Mayor. Should none of the candidates be elected/appointed, then the Mayor shall nominate as many as three new candidates from those who applied through the recruitment process. RULES OF PROCEDURE for the AUGUSTA, GEORGIA COMMISSION ADOPTED July 3, 1996 RE-ADOPTED November 18, 2003 Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 2 of 28 CONTENTS Section 1.01 Meetings- Time and place; Committees Section 1.01.01 Regular, Meetings and , Special Meetings, Committee Meetings Section 1.01.02 Adjourned Meetings Section 1.01.03 Executive Session Meetings Section 1.02 Quorum Section 1.03 Chairman-Mayor Section 1.04 Vice Chairman-Mayor Pro Tempore Section 1.05 Absence of Chairman-Mayor and Vice Chairman-Mayor Pro Tempore Section 1.06 Minutes Section 1.06.01 Content of Minutes Section 1.06.02 Approval of Minutes Section 1.07 Regular Agenda Section 1.08 Consent Agenda Section 1.08.01 Voting on Consent Agenda Section 1.08.02 Non-agenda Items Section 1.09.01 Voting Section 1.09.02 Roll Call Vote Section 1.09.03 Voting “en gross” Section 1.09.04 Discussion Following Vote Section 1.09.05 Tie Votes Section 1.10 Public Participation in Commission-Council Meetings Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 3 of 28 Section 1.11 Appointments by the Commission-Council Section 2.00 Decorum of Debate Section 2.01 Adherence to Agenda Section 2.02 Discussion of the Issue Section 2.03 Call to Order, Remarks Section 2.04 Discussion Through the Chair Section 2.05 Disruptions Section 2.06 Call to Order, Action Section 2.07 Call “Out of Order” Section 3.00 Procedure in Meetings Section 3.01 Motions Section 3.01.01 Motions in General Section 3.01.02 Divide the Motion Section 3.01.03 Discuss by Paragraphs Section 3.01.04 Withdrawal of Motion Section 3.01.05 Considered en Gross Section 3.01.06 “Filling in the Blank” Section 3.02 Main Motions Section 3.03 Ranking of Motions Section 3.04 Subsidiary Motions Section 3.01.01 Postpone Indefinitely Section 3.04.02 Amend Section 3.04.03 Refer to a Committee Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 4 of 28 Section 3.04.04 Postpone to a time Certain Section 3.04.05 Limit or Extend Limits of Debate Section 3.04.06 Vote Immediately Section 3.04.07 Lay on the Table Section 3.05 Privileged Motions Section 3.05.01 Question of Privilege Section 3.05.02 Recess Section 3.05.03 Adjourn Section 3.06 Incidental Motions Section 3.06.01 Appeal Section 3.06.02 Parliamentary Inquiry Section 3.06.03 Point of Order Section 3.06.04 Point of Information Section 3.07 Supplementary Main Motions Section 3.07.01 Reconsider Section 3.07.02 Rescind Section 3.07.03 Resume Consideration Section 4.00 Actions of the Commission-Council Section 4.01 Ordinances and Resolutions Section 4.02 Signing, Authentication, and Records Section 4.03 Publication of Ordinances, Notices, etc. Section 5.00 Parliamentarian Section 6.00 Parliamentary Authority Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 5 of 28 Section 7.00 Amendments APPENDIX Parliamentary Definitions Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 6 of 28 OPERATIONAL PROCEDURE 1.01 MEETING-Time and place; committees. 1.01.01 Except for the months of April and July, Regular Commission meetings shall be held on the first and third Tuesday of each month at 2:00 p.m. in the Commission Chambers on the second floor of the Municipal Building. Except as otherwise provided by law, all meetings of the Commission shall be public meetings. 1.01.01(a) The first meeting in April of each year shall be held on the last week of the preceding March. 1.01.01(b) The first meeting in July of each year shall be held on the last week of the preceding June. 1.01.02 Regular Commission meetings for Executive Session matters and matters requiring urgent approval shall be held on the second and last Tuesday of every month at 11:00 a.m. in the Commission Chambers on the second floor of the Municipal Building. 1.01.02(a) Executive Session meetings shall be conducted in accordance with the Georgia Open Meetings Act. 1.01.03 Except for the months of April and July, all regular committee meetings shall be held on the second and last Tuesday of every month in the Lee N. Beard Commission Chamber beginning at 1:00 p.m. with the Public Services Committee starting first every time followed by an alphabetic rotation of the following committees Administrative Services, Engineering Services, Finance, Public Safety on a two-month rotation cycle. 1.01.03(a) The last committee meetings in March of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in March. 1.01.03(b) The last committee meetings in June of each year shall be cancelled and all items on such committees shall be forwarded to the last Commission meeting in June. 1.01.04 Other called meetings of the Commission and Committees and the subject, dates and time of these meetings may be scheduled as needed and notification of such meetings shall be provided to the public in advance as required by law. 1.01.05 If there is a necessity to change the time and date of the regular meeting of the Commission or Committees or of any specially called meetings or any executive session meeting, this shall be done by request of the Mayor or a majority of the members of the Commission, provided a majority of the Commissioners can attend the meeting which shall be held on a different day. Notice of the time and date change shall be provided to the Mayor and Commission. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 7 of 28 1.01.06 The Commission may hold such additional meetings as shall be deemed necessary when called by the Mayor or a majority of the members of the Commission, provided all members shall have been notified at least twenty-four (24) hours in advance of the special meeting. Provided, further, that a majority of the Commission may convene the same in extraordinary session for emergency business, such a natural disaster or civic disturbance, whenever in their judgment it may be necessary. 1.01.07 An adjourned meeting is a continuation of the meeting immediately preceding, whether a regular or special meeting. 1.01.07(a) If a scheduled meeting of the Commission is not completed due to time constraints or emergency, the meeting shall be adjourned to the following day or to a specific day scheduled by the Commission to allow for the completion of pending business. 1.01.07(b) In an adjourned meeting (regular or special), only business which would have been proper to consider at the immediately preceding meeting may be considered and acted upon at the adjourned meeting. 1.01.07(c) Adjourned meetings resume business under the same rules, limitations and rights as the immediately preceding meeting. 1.01.08Any action taken at any committee meeting (other than to postpone the agenda item to the next, or a future, committee meeting) shall be placed on the agenda of the regular meeting, regular called meeting, or special meeting of the full Commission for approval of the action of the committee. In the event there is no quorum at a committee, all such items on such agenda shall be placed on the agenda of the next regular meeting of the full Commission. 1.02 QUORUM 1.02.01 Seven (7) members of the Commission-Council shall constitute a quorum for any meeting of the Augusta-Richmond CountyAugusta, Georgia Commission-Council. 1.02.02 If a quorum is not present thirty (30) minutes following the scheduled hour for convening the meeting, the Chairman-Mayor or the Vice Chairman-Mayor Pro Tempore, or in their absence, the Administrator (or his/her designee), may adjourn the meeting until the next day. By unanimous consent of those Commissioners present, the meeting may be adjourned to another hour and day. 1.02.03 If during the meeting there ceases to be a quorum, all business must stop except that the Commission-Council, by majority vote to be recorded in the minutes (naming those present at the time of the vote) may: l.02.03(a) fix another day at which to reconvene; Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 8 of 28 l.02.03(b) adjourn and return at the next regular meeting; l.02.03(c) recess to determine if a quorum will be present within a short period of time. 1.03 Chairman-Mayor. 1.03.01 The Chairman-Mayor shall have the rights and privileges of the other Commissioners with respect to debate, but shall have the right (but is not obliged) to vote on any matter (excluding appointment of any Commissioner to a committee and excluding voting as a member of any Committee as provided in the Consolidation Act) only to break a tie or to create a tie. Additionally, his/her duties during meetings shall include: 1.03.0l(a) presiding over meetings of the Commission-Council; 1.03.0l(b) calling the meeting to order at the scheduled hour; 1.03.0l(c) determining that a quorum is present; 1.03.0l(d) preserving decorum and order at all meetings, 1.03.0l(e) making the Commissioners aware of the substance of each motion; 1.03.0l(f) calling for each vote; 1.03.0l(g) announcing the results of each vote; 1.03.0l(h) calling for a recess at such times as deemed advisable. 1.03.02 The Chairman-Mayor shall exercise such other duties as prescribed in Consolidation Act or by ordinance. 1.04 Vice Chairman-Mayor Pro Tempore. A Vice Chairman-Mayor Pro Tempore shall be elected from among the district Commissioners at the first regular meeting in January of each odd- numbered year as provided in the Consolidation Act. The Vice Chairman-Mayor Pro Tempore shall serve for a period of onetwo years and shall have all rights, privileges and duties of the chair in the absence of the chair (excluding the right to vote to create or break a tie), and in addition shall have the right to make motions and vote on any issue, including matters coming before any Committee of which he is a member. The Vice Chairman-Mayor Pro Tempore may succeed himself/herself, subject to the two consecutive term limitation contained in the Consolidation Act. 1.05 Absence Oof Chairman-Mayor Aand Vice Chairman-Mayor Pro Tempore. In the absence of the Chairman-Mayor and Vice Chairman-Mayor Pro Tempore, the Administrator shall determine whether a quorum is present. If a quorum is present, the Administrator shall call for the election of a temporary chair. The temporary chair shall preside over that meeting or until the Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 9 of 28 conclusion of the business immediately pending at the time the Chairman-Mayor or Vice Chairman-Mayor Pro Tempore arrives. 1.06 Minutes. 1.06.01 All actions of the Commission-Council, except for actions described in O.C.G.A. § 50-14-3 and § 50-14-4, (or as these sections may be amended from time to time), shall be accurately recorded by the Clerk (or his/her designee) in the minutes which minutes shall include: 1.06.0l(a) all main motions, exactly as worded when adopted (including amendments or stipulations); 1.06.0l(b) the name of the maker of all important motions; 1.06.0l(c) disposition of all main motions, Whether 1.06.0l(c)(l) adopted; l.06.0l(c)(2) defeated; l.06.0l(c)(3) referred to committee or to staff for further information or recommendations; l.06.0l(c)(4) held until a definite time; l.06.0l(c)(5) the vote of each Commissioner; and l.06.0l(c)(6) comments of Commissioners verbatim. 1.06.02 The minutes of meetings of the Commission shall, at a minimum, briefly describe all statements made and shall record the actions taken by the Commission. Any statement shall be recorded in full at the request of a member of the Commission. A member of the Commission may incorporate an additional statement when the minutes are read. The minutes shall be read before they are approved as soon as is possible or feasible but in no case later than the next regular meeting of the Commission. 1.06.03 The responsibility for correcting and approving the minutes shall be vested only in the members of the Commission-Council. The minutes of each meeting shall indicate their subsequent approval/ correction. The minutes may be corrected whenever an error is noticed upon approval of the Commission-Council regardless of the time which has elapsed since recording of the minutes. 1.06.034 The minutes shall be attested to by the Clerk or his/her designee. 1.07 Regular Agenda. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 10 of 28 1.07 .01 All agenda items The Administrator shall include be responsible for obtaining all supporting documentation related to any item to be placed on the agenda and such shall be submitsubmitted same to the Clerk forto includesion on the agenda for all meetings of the Commission-Council. 1.07.02 Subject to the limitation of Rule 1.07.08, the Administrator, any elected official and Aany member of the Commissioner shall have the right to have an item placed on the regular agenda of the Commission or department head wishing to have an item placed on an agenda providedshould submit said item is submitted to the Administrator Clerk of Commission no later than 59:00 pa.m. on the ThursdayWednesday prior to the Tuesday of the regular Commission-Council meeting or any regular Committee meeting. No item may be added to an agenda without the consent of the Chairman-Mayor or the chairman of the committee responsible for such department; provided, however, any member of the Commission-Council shall have the right to have an item placed on the agenda for discussion or action if timely submitted as herein providedAn item may be added to the regular agenda after the 9:00 a.m. Thursday deadline with the unanimous consent of the commission members in attendance. Unanimous consent of the committee members present shall be required to add and item to a committee agenda after the 9:00 a.m. Thursday deadline. 1.07.03 The Clerk shall be responsible for assembling the agenda and distributing it to all Commissioners no later than Friday in advance of the scheduled meeting. 1.07.04 An item may be removed from the agenda after 59:00 pa.m. on the WednesThursday prior to the Tuesday of the regular Commission-Council meeting with unanimous approval of the members of the Commission-Council attending the regular meeting. 1.07.05 An item may be removed from the agenda prior to 59:00 pa.m. on the WednesThursday prior to the Tuesday of the regular Commission-Council meeting upon the request of the commissioner, department head, or other individual party who was responsible for placing the item on the agenda. 1.07.06 No item pertaining to alcoholic beverage application shall be placed on the agenda within one (1) year from the date of the denial of the application by the Commission. 1.07.07 No item pertaining to zoning shall be placed on the agenda for the same zoning classification within one (1) year from the date of the denial of the application by the Commission. 1.07.08 If an item has appeared on the Commission Agenda and been defeated, or if no action is taken on an item, it shall not be considered again by the Commission until it has been discussed at the committee level. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 11 of 28 1.08 Consent Agenda. 1.08.01 All items contained in the consent agenda may be voted on en gross. Prior to the vote on the consent agenda, any Commissioner may withdraw an item from the consent agenda so that it shall be voted on individually. 1.08.02 A non-agenda item shall be defined as that which is deemed by a Commissioner to require urgent attention, but which has not been placed on the published agenda. 1.08.02(a) If a Commissioner requests that an non-agenda item be added to the consent agenda, he/she must provide the specific item, and the reasons immediate attention is required, to the Commission-Council. 1.08.02(b) The unanimous consent of the Commissioners present at the meeting shall be required to add an item to the consent agenda. 1.09 Voting. 1.09.01 All votes shall be taken by raised hand, except those which the chair handles through unanimous consent (i.e., "If there are no objections ... "), and unless there is a request for a roll-call vote. A single objection will require that a counted vote be taken. An affirmative vote of at least six (6) members of the Commission-Council shall be required to adopt a motion, except where otherwise indicated. 1.09.02 Any Commissioner shall have the right to request a roll call vote on any issue, in which event the chair shall direct the Clerk to call the roll in alphabetical order, except that the Chairman-Mayor's name shall be called last and only when his vote will create or break a tie. As each Commissioner's name is called, such Commissioner shall vote either "yes" or "no" to the question presented. To verify the vote and to correct possible errors, the Clerk repeats the vote after each member responds to his name. At the conclusion of the roll call, the Chairman-Mayor can ask if anyone entered the room after his name was called. Changes of the vote are also permitted before the result is announced. 1.09.03 When an entire agenda "tab" has been moved to be voted upon by an en gross vote (see Section 3.01.05 herein), a Commissioner may, without discussion state that he/she is voting in the affirmative on all of the agenda items on that "tab" except certain ones which he/she will name by number. In such cases, the votes of the Commissioner(s) will be recorded as negative for the items named, unless the Commissioner abstains as provided in Section 1.09.06. 1.09.04 If a motion has been voted on without discussion and a Commissioner feels that it is necessary to explain his/her vote, he/she may have no more than one minute to give public reasons for his/her vote. The chair will not allow the Commissioner to repeat discussion that has already taken place at the same meeting, however. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 12 of 28 1.09.05 A tie vote shall cause all procedural motions to be defeated. A tie vote on a main motion shall keep the motion as pending before the Commission-Council and the motion shall be rescheduled for another time; Provided, however, the Chairman-Mayor shall have the right to vote to create or break a tie. 1.10 Public Participation Iin Commission-Council Meetings. 1.10.01 Persons wishing to address the Commission-Council shall do so during the Public Comment portion of the agenda. 1.10.02 Subject to the limitations provided for herein, Sspeakers will be allowed to appear before the Commission-Council at the public comment session prior to the regular agenda with each speaker allotted a maximum of five (5) minutes for their presentation. 1.10.02(a) Persons seeking to complain about the performance or lack thereof of an employee of Augusta, Georgia shall submit such requests to the Administrator for resolution. Such requests for public comment will not be heard by the Commission or any committee. 1.10.02(b) Persons or businesses seeking to do business with Augusta, Georgia shall submit such requests to the Administrator for consideration in accordance with the requirements of the Procurement Code. Requests to make presentations for products or services will not be heard by the Commission or any committee except as permitted by the Procurement Code. 1.10.03 Each speaker must submit a request in writing, including his/her address, which will state the topic of discussion, to the Clerk's office no later than 59:00 pa.m. on the WednesThursday preceding the next regularly scheduled Commission Council meeting. l.10.04 An extension of the five (5) minute limit per person may be granted upon the affirmative vote of six (6) members of the Commission-Council. 1.10.05 If deemed advisable by the Chairman- Mayor, a written response to a speaker may be provided by the appropriate County staff within thirty (30) days. The Commission- Council may respond verbally at the completion of any speaker's presentation. 1.10.06 After each individual speaker's remarks have concluded, the Chairman Mayor may, but shall not be required to, briefly respond, either personally or through another member of the Commission- Council whom the Chairman-Mayor shall designate. In addition, when a request for special action or a grievance has been heard the matter will be referred to the Administrator (or his/her designee) who will prepare a response to the matter. If necessary, action on the matter for consideration of the Commission-Council will be placed on the agenda for the second regular meeting following the date of the comment. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 13 of 28 1.10.07 No speaker will be allowed to return on public comment on the same issue within a period of ninety (90) days; however a speaker may return on another issue following the policy and procedure. 1.10.08 All speakers, other than salaried members of the Augusta-Richmond CountyAugusta, Georgia staff, shall address the Commission-Council in the following manner: l.10.08(a) Stating name and address (address is required only if individual has not previously provided address to Clerk). l.10.08(b) Stating whether he/she is speaking for himself/herself or for another; l.10.08(c) Stating if he/she represents an organization and whether he/she is being compensated by the organization for whom he/she speaks; l.10.08(d) Stating whether he/she or any member of his/her immediate family has a personal interest in the pending matter. l.10.08(e) Stating his/her comments. 1.10.09 All remarks shall be to the Commission-Council as a body and addressed through the chair. Remarks shall not be made to a particular Commissioner. 1.10.10 Questions from Commissioners, the Administrator, and/or the Augusta Richmond County Attorney may be made for clarification. However, no person shall be permitted to enter into any discussion, either directly or through a member of the Commission-Council, without permission of the chair. 1.10.11 All remarks must be related to the issue on which the speaker has requested to be heard. No person shall be allowed to make impertinent, derogatory, offensive or slanderous remarks while addressing the Commission-Council. 1.10.ll(a) A person may be barred from further speaking before the Commission- Council in that meeting if his/her conduct is deemed "out of order"; 1.10.ll(b) Once barred for improper conduct, a speaker shall not be permitted to continue or again address the Commission-Council in that meeting unless a majority vote of the Commission-Council allows; 1.10.ll(c) In the event a speaker who is barred fails for improper conduct to obey the ruling, the chair may take such action as is deemed appropriate, including the removal of such person from the assembly; 1.10.ll(d) The Commission-Council may bar a person from addressing Commission-Council meetings for up to sixty (60) days for improper conduct. A Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 14 of 28 person barred by the Commission-Council for this period may request a hearing by written request to the chair, which request shall state the reason(s) for a reversal of the decision. All requests for hearings shall be placed on the agenda and heard by the Commission-Council. An affirmative vote of six (6) members of the Commission-Council shall be required to overturn the previous decision to bar the persons. 1.10.ll(e) If not otherwise recognized by the Chair, upon motion and the affirmative vote of six (6) members of the Commission-Council, the Commission-Council may allow public comment on an agenda item at the time the item is being considered by the Commission-Council. These 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 can be waived by the affirmative vote of six (6) members of the Commission-Council. 1.10.ll(f) The Commission-Council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the Commission-Council. Hearings may be held immediately prior to or following a meeting of the Commission Council or at such other places and times as the Commission-Council may determine. No official action shall be taken at any such public hearing. 1.11 Appointments Bby Tthe Commission-Council. 1.11.01 Appointments shall be made as necessary. When it is has been determined, by the Consolidation Act or other rule or manner, that it is the "right" or "turn" of a particular Commissioner to nominate a candidate for a position, such nominee must be elected by a majority of the Commission-Council. If any nominee, however nominated, fails to receive a majority vote, alternate candidate(s) may be nominated until the position is filled by majority vote. 1.11.02 Any appointment to fill an expired or a new term on any board or commission, which appointment is made by the Commission, shall not have less than six (6) votes of approval. 2.00 Decorum Oof Debate. The following practices shall be followed in debate on motions and matters presented to the Commission-Council. 2.01 Adherence Tto Agenda. 2.01.01 In discussion, the remarks made by the Commissioners shall be confined to the motion or matters immediately before the Commission-Council. 2.01.02 All Commissioners must conduct themselves in a professional and respectful manner. All remarks should be directed to the Chairman-Mayor and not to individual Commissioners, staff or citizens in attendance. Personal remarks are inappropriate. A Commissioner may not speak at a meeting until he has been recognized by the Chairman- Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 15 of 28 Mayor. All comments made by a Commissioner shall address the motion that is being discussed. 2.01.03 During these remarks a Commissioner must observe the same rules of decorum as those set forth in Section 2.02 below, and may be called to order by the Chairman-Mayor or another Commissioner if there is a breach of those rules. 2.01.04 A Commissioner may not interrogate another Commissioner, staff or citizens. No one shall attempt to enter into discussion with a Commissioner who has chosen to avail himself/herself of this opportunity to share his/her opinions with the public. 2.02 Discussion Oof Tthe Issue. In discussion, a Commissioner may condemn the nature of likely consequences of the proposed measure in strong terms, but must avoid a discussion of personalities, and under no circumstances may he/she attack or question the motives of another Commissioner or staff. The issue, and not a person, shall be the item under discussion. Any Commissioner wishing to discuss an issue shall be allowed to do so; however, discussion of any particular issue by any particular Commissioner shall be limited to two (2) minutes of discussion and one (1) minute of rebuttal, unless debate is extended by the chair or by motion as provided in Section 3.04.05 hereof. 2.03 Call Tto Order, Remarks. The chair shall immediately call as "out of order" any remarks made outside the issue being addressed. Additionally, another Commissioner may call this breach of procedure to the attention of the chair and other Commissioners. In either case, the speaking Commissioner shall be required to continue with his/her remarks confined to the issue. 2.04 Discussion Through Tthe Chair. All discussion shall be made through the chair, and one Commissioner may not interrogate another Commissioner or person speaking from the public except through the chair (or with the permission of the chair). 2.05 Disruptions. During discussion or voting, no Commissioner shall disturb the other Commissioners in any way that may be considered disruptive to the proceedings or that may hamper the transaction of business by the Commission-Council. 2.06 Call Tto Order, Action. The chair may rule as "out of order" any action deemed inappropriate or dilatory and may interrupt a speaker for reasons deemed necessary by the chair. The Chairman-Mayor shall say, "Commissioner/speaker, those remarks are out of order. Please cease this line of comment and make appropriate comment to the issue. 2.07 Call Oof "Out Of Order". 2.07.01 If a member of the Commission Council refuses to comply with these Rules of Procedure the following procedure shall be used: 2.07.0l(a) The Commissioner shall be "called to order" by the chair, who shall say, "Commissioner ______ [using name], you are now out of order. If you persist a reprimand will be entered into the record." Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 16 of 28 2.07.0l(b) If a Commissioner defies the ruling of the chair, the Chairman Mayor shall state, "Commissioner, you are personally out of order. Let the record indicate a reprimand against Commissioner ____________Commissioner ______ ______, you have a right at this time to appeal the ruling of the chair by asking that a roll call vote of the Commissioners present be taken and a statement by each Commissioner be recorded as to why he/she is for or against the ruling of the chair. A majority vote of the members of the Commission-Council present shall govern." 3.00 Procedure Iin Meetings. 3.01 Motions. 3.01.01 In order for the Commission Council to take any official action on any subject, a Commissioner must propose a Main Motion or there must be an Recommended Main Motion, as provided in Section 3.01.02(a). A proposed Main Motion must be seconded before there will be discussion on the motion. A second does not require the Commissioner seconding the motion to support the motion. A Commissioner may withdraw a Main Motion that he has made as provided in Section 3.01.04 hereof, at any time before the Commission-Council has voted on that motion. Prior to taking a vote, the chair shall state the motion (or resolution) or its substance, or he/she may call upon the Clerk or secretary to do so. 3.01.02 If the motion presented contains two (2) or more parts capable of standing as separate motions, a Commissioner may move to "Divide the Motion." This motion shall require a second and discussion shall be allowed only on why it should or should not be divided. A majority vote shall be required to adopt the motion to "divide the motion." 3.01.03 If a main motion is in the form of a resolution or document containing several paragraphs or sections which are not separate motions but could be discussed more efficiently if discussed in sections, a motion to Discuss by Paragraphs, Sections, or Numbered Agenda Items under a "tab," may be made. A second shall be required and discussion shall be brief as to the necessity for the action. A majority vote shall be required to "consider by paragraphs, sections, or numbered agenda items under a 'tab'." 3.01.04 Once a motion has been moved and seconded, it belongs to the entire Commission- Council and not to the maker of the motion; therefore, if a Commissioner wishes to Withdraw a motion that is officially before the Commission-Council, action of the Commission-Council must be taken in either of the following ways: 3.0l.04(a) The chair may ask the Commission-Council if there are any objections to the motion being withdrawn. If there are no objections, the motion shall be withdrawn by unanimous consent, without the need for the seconder to withdraw his/her second; 3.0l.04(b) If there is an objection to the motion being withdrawn, then the chair shall take an official vote on the "motion to withdraw the motion", a second being Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 17 of 28 required. A majority vote shall be required to adopt the motion to "withdraw the motion." 3.01.05 If a Commissioner feels that time could be saved by acting on all of the agenda items under a "tab," he/she may move that it be "Considered en Gross." (See Section 1.08.02.) 3.01.06 When several alternatives need to be considered (such as staff recommendations that propose various options for the Commission-Council to consider), unlimited choices may be considered by "Filling the Blank" in the motion: 3.0l.06(a) No Commissioner may suggest more than one proposal for filling the blank without unanimous consent from the other Commissioners; 3.01.06(b) Each proposal shall be debatable and shall be treated as an independent item to be voted on separately until one has been approved by a majority. As soon as one proposal has received a majority, no others shall be considered; 3.0l.06(c)Alternatives (from staff recommendations and/or suggestions by Commissioners) are listed in logical order for voting: 3.0l.06(c)(l) Names are listed in the order in which they were proposed, 3.0l.06(c)(2) Other proposals are listed in the order of their probable acceptability, beginning with the least popular choice. 3.02 Main Motions. 3.02.01 A main motion is a motion whose introduction brings business before the Commission-Council. 3.02.0l(a) Recommended Main Motions- A recommendation from staff, or another item published in the agenda for action, shall be handled as an Recommended Main Motion by the chair. That is, the chair shall, upon the conclusion of a report, state, "The question (or motion) before you is ... " (stating the motion in the affirmative). No second will be required in these instances and the chair, in assuming such motion, is not presumed to be in favor of the motion and may speak against it if he/she so wishes. 3.03 Ranking Oof Motions. 3.03.01 Each subsidiary and privileged motion is assigned a specific rank. A motion of higher precedence can interrupt motion of lower precedence. The higher motion must be decided before the Commission-Council returns to consider the motion of lower precedence. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 18 of 28 3.03.02 A main motion has the lowest rank and does not take precedence over any other motion. A motion to adjourn has the highest rank and will take precedence over all other subsidiary and privileged motions. The order of precedence of motions shall be in accordance with this Section. Motions at the top of the following list take precedence over motions at the bottom of the list. HIGHEST RANK: PRIVILEGED MOTIONS (Undebatable) 1. Adjourn 2. Recess 3. Question of Privilege SUBSIDIARY MOTIONS (Undebatable) 4. Lay on the Table (Postpone Temporarily) 5. Vote Immediately (Previous Question) 6. Limit Debate or Extend SUBSIDIARY MOTIONS (Debatable) 7. Postpone to a Time Certain (Postpone Definitely) 8. Refer to Committee (Commit) 9. Amend 10. Postpone Indefinitely OTHER MOTIONS LOWEST RANK- 11. Main Motion 3.04 Subsidiary Motions. During the course of debate, Commissioners may introduce motions that propose that the Commission-Council take a particular action on a main motion. These motions are called subsidiary motions and they allow the Commission-Council to reach a conclusion on the main motion. Subsidiary motions require a second before they can be voted on or debated. Three subsidiary motion, Amend, Limit Debate, and Vote Immediately, also can apply to other subsidiary motions. 3.04.01 Postpone indefinitely. If a Commissioner believes that the main motion should not be considered by the Commission-Council, that Commissioner may move to postpone the consideration of the main motion indefinitely. If the motion is successful, consideration of the main motion stops and the main motion is tabled for the duration of the meeting. A motion to postpone indefinitely can be debated, but it can be amended. A majority vote of the Commission-Council is required for the motion to pass. 3.04.02 Amend. If a Commissioner believes that a main motion that is on the table should be changed in order to make it more acceptable, he can move to amend the motion. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 19 of 28 Amendments must be closely related to the original motion and must not change the nature of the motion that they amend. Motions to refer, amend, postpone to a time certain and the motion to recess can also be amended. A motion cannot be amended more than two times. Debate is allowed on a motion to amend only if the original motion is debatable. Debate is limited to the proposed amendment. A majority vote is required for the Commission- Council to adopt an amendment. If the amendment is adopted then the Commission- Council shall consider the amended version of the motion. Concerning the amending of particular motions: 3.04.02(a) If a Commissioner feels that the main motion might be more acceptable stated other than as presented, the Commissioner may amend through substitution, insertion of stipulations, striking out portions, or striking out and inserting portions. A substitute motion shall be treated as a motion to amend. Such proposed amendments shall be handled in one of the following ways: 3.04.02(a)(l) by unanimous consent of the Commissioners; the chair, or another Commissioner, through the chair, may suggest changes or stipulations, and if there are no objections from the Commissioners, the motion shall be amended by unanimous consent. 3.04.02(a)(2) with a second, discussion and a majority vote on the proposed amendment. 3.04.02(b) If a proposed amendment fails to obtain unanimous consent or a majority vote, the main motion considered shall be the one originally presented. 3.04.02(c) An amendment must be germane (relating to the substance of the main motion) and may not introduce an independent question. 3.04.02(d) Improper amendments shall be: 3.04.02(d)(l) one(s) which are not germane, 3.04.02(d)(2) one(s) which would make the adoption of the amended motion equivalent to a rejection of the motion; 3.04.02(d)(3) one(s) which are, in the opinion of the Chairman Mayor, frivolous or absurd. 3.04.03 Refer Tto A Committee (Commit). If a Commissioner believes that further information is needed before the Commission-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, then a committee may be formed as a part of the motion. A motion to commit should specify the date that the committee or department will report back to the Commission-Council. A motion to refer shall require a second and shall be debatable only as to whether or not it shall be referred, to whom it shall Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 20 of 28 be referred, or when the person to whom it is referred shall report back. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to refer. This motion is amendable. A majority vote is required for the motion to pass. 3.04.04 Postpone Tto Aa Time Certain (Postpone Definitely). A motion to postpone to a certain time may be proposed if a Commissioner 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. It is debatable and can be amended. A motion to hold to a time certain shall require a second and discussion shall be limited to the reason for holding the motion or the time to which it is to be held. If the motion fails, the motion to be considered shall be that motion which was on the floor prior to the motion to hold to a time certain. If this motion is passed, the Chairman-Mayor will bring the original motion back to the Commission-Council for consideration at the specified time which may be at the same meeting, at a subsequent meeting, or upon the occurrence of a specified event. A majority vote of the Commission-Council is required for the motion to pass. 3.04.05 Limit Oor Extend Limits Oof Debate. A 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 Commissioner who makes the motion. This motion can also be used to extend the limits of debate if a limit on debate already exists. Debate is not allowed on this motion. A majority vote of the Commission-Council is required for the motion to pass. 3.04.06 Vote Immediately (Call The Question). A Commissioner may move to "call the question" (i.e., move to end discussion) when it is clear that further discussion is unnecessary or that discussion is becoming repetitive. This motion shall not require a second and no discussion on the motion shall be allowed. If there is no objection, then it will be presumed there is unanimous consent. Should there be an objection, an affirmative vote of a majority of the Commission-Council shall be required. 3.04.07 Lay Oon Tthe Table (Postpone Temporarily). A motion to lay on the table proposes that the consideration of a main motion be postponed until a later time in the same meeting. The main motion can be brought back for consideration only if a motion to Resume Consideration is accepted by the Commission-Council during the same meeting. The motion will die if it is not taken up during the meeting. Debate is not allowed on this motion and the motion is not amendable. A majority vote of the Commission-Council is required for the motion to pass. 3.05 Privileged Motions. Privileged motions facilitate the running of the meeting. They do not address or relate to a main motion and can be introduced whether or not there is a main motion under consideration. Privileged motions take precedence over all subsidiary motions. Debate is not allowed on these motions. 3.05.01 Question Oof Privilege. A formal question addressed to the chair concerning the rights of a Commissioner or of the Commission-Council as a whole is referred to a question of privilege. It does not require a second and cannot be debated or amended. The chair is Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 21 of 28 required to make a ruling on the question, and no vote is required unless a motion arises out of the privilege. 3.05.0l(a) If any matters occur which impede the Commission's completion of its business (e.g., noise, mechanical difficulties with equipment, matters that affect the safety, orderliness, or comfort of the Commissioners, or affecting the honor of an individual Commissioner) any Commissioner may state to the Chairman Mayor that he/she has a question of privilege and the matter must be addressed before the pending business of the Commission-Council continues. 3.05.02 Recess. A motion to recess proposes that the meeting be suspended for a particular amount of time when business is still pending. It is a temporary intermission of the proceedings. A recess may be taken as it appears on the agenda or as it is declared by the chair when he/she deems it advisable or by a motion from a Commissioner. The motion must specify the length of the recess. The motion must also be seconded. Debate is not allowed on this motion, but the motion can be amended. A majority vote is required for the motion to pass. 3.05.03 Adjourn. The highest ranking motion shall be the motion to adjourn, requiring a second and a majority vote with no discussion allowed, except that the motion shall contain a time to hear any non-completed items on the agenda, if such exist. If all business on the agenda has been completed, the chair may assume the motion and, without a second, obtain unanimous consent to adjourn. 3.06 Incidental Motions. Incidental motions allow Commissioners to exert their rights as a member of the Commission-Council. Incidental motions can be introduced at any time during a meeting. 3.06.01 Appeal. Whenever a Commissioner believes that the chair is mistaken in a ruling, a Commissioner may Appeal the Chair's Decision. An appeal shall require a second and shall be debatable with the chair speaking first to explain his/her ruling. The chair may also close out the debate with a statement defending the ruling. An appeal may be made only on a ruling and may not be made: 3.06.0l(a) in response to a parliamentary inquiry or point of information; or 3.06.0l(b) in areas that challenge verifiable rulings of a factual nature. 3.06.0l(c) The chair shall state the motion as Shall the Chair's decision be sustained? A tie vote shall sustain the chair, because a majority vote of the Commission- Council shall be required to overturn the chair's ruling. An Appeal is high in precedence and can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.02 Parliamentary Inquiry. A Parliamentary Inquiry is a question directed to the chair to obtain information on a matter of parliamentary law or the rules of the Commission- Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 22 of 28 Council. This question should take the form of a parliamentary inquiry and should relate to the current business of the Commission-Council. The chair will answer such questions or may ask the Augusta-Richmond CountyAugusta, Georgia Attorney or parliamentarian for an opinion. The chair's reply, whether or not he/she has requested advice from the Augusta Richmond County Attorney or parliamentarian, is an opinion, not a ruling. If a Commissioner does not agree with the chair's opinions he/she may act in a way contrary to this opinion and if ruled out of order may then appeal the chair's ruling. The chair is not obligated to respond to hypothetical questions. 3.06.03 Point of Order (Question of Order). If a Commissioner believes that a violation of the rules of parliamentary procedure has occurred, he can raise a point of order. A second is not required. The chair can make a ruling on the question or can allow the Commission-Council to debate and then rule on the question by majority vote. A point of order can only be interrupted by a privileged motion or by a motion to lay on the table. 3.06.04 Point of Information (Request for Information). If a Commissioner has a question about the facts of a particular issue that is being considered, he may ask a point of information. A Point of Information is a request, directed to or through the chair, for information relevant to the business at hand, but not related to parliamentary procedure. This motion is addressed first to the to the appropriate person. A second is not required, and the motion is not debatable or amendable. 3.07 Supplementary Main Motions. Three motions allow the Commission-Council to act on a main motion that has either been passed or tabled by the Commission-Council. These motions are considered to be main motions but differ from usual main motions in the ways specified. 3.07.01 Reconsider. The motion to reconsider allows the Commission-Council to debate whether or not to overturn a decision made at the meeting that is in progress. It allows the Commission-Council to consider new information that may affect the decision that has already been made. Any Commissioner can make a motion to reconsider and any Commissioner may second the motion. The motion is debatable, but it cannot be amended. A majority vote of the Commission-Council is required for the motion to pass. If a motion to reconsider is passed, the original decision will be voided, and the Commission-Council will return to debate and revote the original motion. 3.07.02 Rescind. A motion to rescind proposes that the Commission-Council overturn a motion passed at a previous meeting. A motion to rescind can be made by any Commissioner. It is in order as long as the original motion has not been implemented, but the motion to rescind shall not be in order if: 3.07.02(a) the motion to rescind is made, at the same meeting in which the action was taken; 3.07.02(b) a motion to reconsider was taken and lost; Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 23 of 28 3.07.02(c) the matter is routine and only part of the action needs to be changed, in which case the motion to "amend a previously adopted action" shall be used; 3.07.02(d) something has been done as a result of the vote to implement the earlier action adopted. An announcement of the intention to rescind a motion may be made at the meeting where the decision was made, or the Commissioner seeking to rescind may place the matter on the agenda for the next meeting. The motion to rescind will then be placed on the agenda for the next meeting. At the next meeting, the motion to rescind will formally be made. If it is seconded, then the Commission- Council shall debate and vote on revision. A majority vote of the Commission- Council is required for the motion to pass. If a motion to rescind is passed, the original decision will be voided. 3.07.03 Resume Consideration. The motion to resume consideration allows the Commission-Council to consider a motion that has been temporarily postponed. This motion requires a second and is not debatable or amendable. It is a main motion but ranks higher than any debatable motion. A majority vote is required for the motion to pass. 4.00 Actions Oof Tthe Commission-Council. All communications to persons, firms or corporations affected by actions taken at a called or regular meeting of the Commission shall be made by the Administrator for Augusta, Georgia, informing them of the action taken. 4.01 Ordinances Aand Resolutions. 4.01.01 Every ordinance or resolution proposed for adoption by the Commission-Council shall be introduced in writing and the caption of each ordinance shall be read previous to the adoption of the ordinance, unless some member of the Commission shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. . No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codification and revisions of ordinances and resolutions of the Commission Council. 4.01.02 Except for emergency ordinances under subsection 4.01.03 of this section or ordinances amending the Zoning Map for Augusta-Richmond CountyAugusta, Georgia, or upon a unanimous vote of the Commission-Council, no ordinance shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. A resolution may be adopted at the same meeting at which it is introduced. The affirmative vote of at least six (6) members of the Commission Council shall be required for the adoption of any ordinance or resolution; Provided, however, a vote of two-thirds of the Commission-Council, excluding the Chairman Mayor, shall be required to change any provision of the Consolidation Act which conflict with existing or future state or federal laws, as required by said Consolidation Act. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the Commission-Council voting for and against each proposed ordinance or resolution or Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 24 of 28 amendment thereto shall be entered in the minutes of the proceedings of the Commission- Council. 4.01.03 To meet a public emergency threatening life, health, property, or public peace, the Commission-Council may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew or extend a franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least six (6) members of the Commission-Council shall be required for its adoption. It shall become effective upon adoption or at such later time as it may specify. 4.01.04 The caption of each ordinance shall be read once previous to the adoption of the ordinance. All readings of every ordinance shall be by reading the caption of such ordinance only, unless some member of the Commission-Council shall then and there demand that the entire ordinance be read. Upon such demand being made, the clerk shall read the entire ordinance. 4.02 Signing, Authentication, Aand Recording. 4.02.01 Every ordinance or resolution adopted by the Commission-Council shall be submitted to the Chairman-Mayor for his/her signature as promptly as practicable following its adoption. The Clerk of the Commission-Council shall authenticate by the Clerk's signature and cause to be recorded in full all ordinances and resolutions adopted by the Commission Council and signed by the Chairman Mayor or otherwise becoming law in a properly indexed book kept for such purpose which shall be a public record and open to public inspection. The Commission Council shall further provide for the periodic updating, revision, codification, and printing of all ordinances or resolutions of a general and permanent nature, together with such codes of technical regulations and other rules and regulations as the Commission-Council may require. 4.03 Publication of Ordinances, Notices, Eetc. It shall be the duty of the Chairman-Mayor to have published in the official gazette or newspaper of Augusta-Richmond CountyAugusta, Georgia the ordinances of the Commission-Council, the proclamations of the Chairman-Mayor and all other official notices of either the Commission Council or the Chairman-Mayor ordered to be published by them, respectively; also, such other matters as the Chairman-Mayor may deem advisable to publish. The ordinances of the Commission-Council shall be published one time; all other matters shall be published such number of times as the Commission-Council or the Chairman-Mayor may direct. The Chairman Mayor shall have published in such official gazette or newspaper only the captions of the ordinances of the Commission-Council and shall not have the bodies of such ordinances published. Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 25 of 28 5.00 Parliamentarian. 5.01 The Augusta-Richmond CountyAugusta, Georgia Attorney or his/her designee shall serve as parliamentarian and shall advise and assist the chair and the Commission-Council in matters of parliamentary law. A professional parliamentarian may be consulted as deemed necessary. 6.00 Parliamentary Authority. 6.01 The latest edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern meetings of the Augusta-Richmond CountyAugusta, Georgia Commission- Council in all areas in which it is applicable and in which it is not inconsistent with these rules adopted by the Commissioners, or with higher law. 7.00 Amendments. 7.01 These Rules may be amended by a majority of the entire Commission-Council at a regular meeting or special meeting of the Augusta Richmond County Commission-Council, provided notice has been given of the amendment(s) at the meeting prior to the vote on the amendment(s). APPENDIX Parliamentary Definitions The following parliamentary definitions apply to the RULES OF PROCEDURE FOR THE Augusta-Richmond CountyAugusta, Georgia Commission-Council adjourn - to officially terminate a meeting adjourned meeting - a meeting that is a continuation at a later time of a regular or special meeting adopt - to approve or pass by whatever vote is required for the motion affirmative vote - a vote in favor of the motion as stated agenda - the official list of items of business planned for consideration during the meeting approval of minutes - formal acceptance of the record at a meeting, thus making this record the official minutes of the Commission-Council chair - the Chairman-Mayor or Vice Chairman- Mayor Pro Tempore Code of Conduct - The Richmond County Code of Conduct Commission-Council - the Augusta-Richmond CountyAugusta, Georgia Commission- Council Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 26 of 28 Commissioner - any of the ten members serving on the Commission-Council elected from the ten (10) districts established by the Consolidation Act Commission-Council parliamentary rules- the body of rules and principles that is applied by the courts in deciding litigation involving the procedure of any organization does not include statutory law or particular rules adopted by any organization or Commission- Council Consolidation Act - the Act consolidating the City Council of Augusta and Richmond County found in 1995 Ga. Laws p. 3648 convene - to open a meeting debate - formal discussion of a motion under the rules of parliamentary law and more often herein referred to as discussion defer or hold - to delay action by referring the motion to staff (or an agency, committee, etc.) for more information, or by postponing a vote to a certain time demand - an assertion of a parliamentary right by a Commissioner dilatory motions or tactics - misuse of procedures or motions that are out of order or would delay or prevent progress in a meeting floor - when a person receives formal recognition from the chair, he/she "has the floor" and is the only person entitled to speak germane amendment - an amendment relating directly to the motion to which it is applied germane discussion - discussion relating directly to the matter involved hearing - a meeting for the purpose of listening to the views of an individual or of a particular group on a particular subject in order - permissible and right from a parliamentary standpoint majority vote - an affirmation vote of at least six (6) Commissioners or the vote of five (5) Commissioners and the vote of the Chairman-Mayor in the event of a tie minutes - the legal record of the action of the Commission-Council after the record has been approved by vote of the body motion - a proposal submitted to the Commission- Council for its consideration and decision; it is introduced by the words, "I move that ... " objection - the formal expression of opposition to a proposed action Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 27 of 28 order of business - the adopted order in which the business is presented to the meeting of the Commission Council out of order - not correct, from a parliamentary standpoint, at the particular time parliamentary authority - the code of procedure adopted by the Commission Council as its parliamentary guide, governing in all parliamentary situations not otherwise provided for in the Consolidation Act, the Code of Richmond County, the Code of the City of Augusta, or other governing Bodies pending motion - sometimes referred to as pending question; a motion that has been proposed and stated by the chair for the Commission-Council's consideration and that is awaiting decision by vote precedence - the order or priority governing the motion precedent - a course of action that may serve as a guide or rule for future similar situation procedural motion - motion to assist the Commission-Council in treating or disposing of a main motion; or, motion relating to the pending business otherwise at hand proposal or proposition - a statement of a motion of any kind for consideration and action O.C.G.A. - Official Code of Georgia Annotated quorum - the number of persons that must be present at a meeting of the Commission- Council to enable it to act legally on business; seven (7) members of the Commission- Council shall constitute a quorum for any meeting of the Richmond of the Augusta- Richmond CountyAugusta, Georgia Commission Council recognitions - acknowledgement by the chair, giving a person sole right to speak reconsider - to review again a matter previously disposed of and to vote on it again; must be made on the same day of business request - a statement to the chair asking a question or some "right" rescind - to nullify or cancel out a previous action, cannot be made if action has already been taken to implement the motion it wishes to rescind resolution - a formal motion, usually in writing, and introduced by the word "resolved" that is presented to the Commission-Council for a decision ruling - the chair's decision as it relates to the procedure of the Commission Council Rules of Procedure Augusta, Georgia-Richmond County Commission-Council Adopted July 3, 1996 Page 28 of 28 second - a Commissioner's statement that he/she is willing to have the motion considered seriatim - consideration by sections or paragraphs statute - a law passed by the Georgia legislature technical inquiry - request for information relevant to the business at hand tie vote - a vote in which the affirmative and negative votes are equal on a motion unanimous consent - deciding on a motion without voting on it but where no Commissioner voices objection, with a single objection a vote must be taken unfinished business - any business that is postponed definitely to a time certain Note-The Rules of Procedure for the conduct of parliamentary business coming before the Augusta, Georgia-Richmond Commission were first adopted by the Commission in 1996. and re- adopted Nov. 18, 2003. Secs. 1-2-14-1-2-25. Reserved. Commission Meeting Agenda 12/20/2016 2:00 PM Animal Services Ordinance Amendment Department:Augusta Animal Services Department:Augusta Animal Services Caption:Motion to approve an amendment to the Animal Services Ordinance Section 4-1-7, related to the bylaws of the Animal Services Advisory Board and Section 4-1-39, related to Registration Requirement.(Approved by Commission December 3, 2016-second reading) Background:The Animal Services Ordinance adopted on 2/16/2016, did not include recent changes in state laws. Therefore, it is necessary to amend sections of the Animal Services Ordinance accordingly. Analysis: Financial Impact: Alternatives:Deny motion. Recommendation:Approve motion. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo 1 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE TITLE FOUR, CHAPTER ONE, ARTICLE TWO, SECTION 4-1-7 RELATED TO BY-LAWS OF THE ANIMAL SERVICES ADVISORY BOARD; AND SECTION 4-1-39 RELATED TO REGISTRATION REQUIREMENT; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, it is the desire of the Board of Commission to update and improve the Animal Services provisions of the CODE applicable to the community; and WHEREAS, the provisions of the animal control ordinances have been revised at various times to meet the needs of the growing population of Augusta, Georgia; and WHEREAS, at the request of the Animal Services Staff the Commission has been asked to again revise these ordinances to address a recent change in state law; and WHEREAS, these regulations are hereby adopted to advance the fundamental goal of protecting the health, safety and welfare of the citizens of Augusta, Georgia, and to further legitimate government interests. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Section 4-1-7, Article II, II (XX) as set forth in the Augusta, Ga. Code, adopted February 16, 2016, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 4-1-7, as set forth in “Exhibit A” hereto. SECTION 2. AUGUSTA, GA. CODE Section 4-1-39 as set forth in the Augusta, Ga. Code, adopted February 16, 2016, is hereby amended by striking this section in its entirety and inserting in lieu thereof new Code Section 4-1-39, as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall become effective on January 1, 2017 in accordance with applicable laws. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of , 2017. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: 2 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on_________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: First Reading Second Reading 3 EXHIBIT A Strike: Sec. 4-1-7. Animal Services Advisory Board By-Laws. ARTICLE I PURPOSE AND ROLE Section 1. The Animal Services Advisory Board (hereinafter "ASAB”) shall be constituted to advise the city of Augusta and the Animal Services Director on matters pertaining to animal services through recommendations and reports. The ASAB is a recommending body. The Animal Services Director does not report to or work for the ASAB. The ASAB must remain committed to the following principle that Animal Services is a public safety agency. Section 2. The ASAB shall seek out and recommend programs that may enhance the animal services in Augusta, Georgia. Section 3. The ASAB shall make recommendations to enhance animal welfare and safety. Section 4. The ASAB shall seek out and recommend alternate funding sources to startup or sustain animal services programs. Section 5. The ASAB shall take the lead in recruiting qualified volunteers who are interested in serving to enhance Augusta, Georgia’s Animal Services. ARTICLE II MEMBERSHIP Section 1. The ASAB shall consist of ten (10) members. Each appointee shall be designated by the commission-council member representing a designated district. Each of the ten (10) members of the ASAB shall be nominated by the individual Commissioner representing District 1, District 2, District 3, District 4, District 5, District 6, District 7, District 8, District 9, and District 10. Each member of the ASAB appointed pursuant to this paragraph shall be required to reside in the district of the appointing Commissioner. Section 2. In addition, two (2) members may be recommended by the Augusta-Richmond County delegation in the General Assembly of Georgia and appointed by the Augusta, Georgia Commission. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. 4 Section 3. In the event that there are unfilled vacancies on the ASAB for any period of time, a ASAB consisting of six (6) or more members may exercise all powers delegated to the ASAB until the vacancies are filled. Section 4. Advisory Board members may resign by submitting a written resignation to their appointing authority, copying the Chairman of the Advisory Board, the Director of Animal Services, and the Clerk of Commission. Section 5. Each ASAB member shall serve at the pleasure of their appointing commissioner and may be removed at any time, with or without cause. Section 6. Members of the ASAB serving as of January 1, 2016, shall serve until their fixed term has expired and continue to serve until their successors are appointed and qualified by the Commissioner representing the respective Districts. I. CHAIRMAN A Chairman shall be elected by the ASAB from among its members for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Chairman shall serve as such for no more than two (2) consecutive terms. A. The Chairman shall preside over the ASAB and shall have the right to vote. B. The Chairman shall decide all points of procedure, subject to these bylaws and the latest edition of Roberts Rules of Order, unless otherwise directed by the majority of the ASAB in session at the time. C. The Chairman shall appoint any committees found necessary to investigate any matters before the ASAB. II. VICE-CHAIRMAN A Vice-Chairman shall be elected by the ASAB from among its members in the same manner for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Vice-Chairman shall serve no more than two (2) consecutive terms. A. The Vice-Chairman shall serve as “Acting Chairman” in the absence of the Chairman or when that officer has to refrain from participation because of a conflict of interest and shall have the same powers and duties as the Chairman. B. The Vice-Chairman shall have the right to vote. C. Upon the resignation or disqualification of the Chairman, the Vice-Chairman shall assume the chairmanship for the remainder of the unexpired term or until a new Chairman is elected. 5 III. SECRETARY The Secretary of the ASAB shall be responsible for keeping records of board actions, including overseeing the taking of minutes at all board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each board member, and assuring that ASAB records are maintained. Notice of Regular Meetings - Notice of the time, place, and dates of regular meetings (e.g., the Advisory Board’s monthly meeting) must be made available to the general public and be posted in a conspicuous place at the regular meeting place of the agency and must be posted on Augusta’s website. For any meeting that is not conducted at the regular meeting place or time, Augusta, Georgia, through its Advisory Board must post the time, place, and date of the meeting for at least (24) hours at the regular meeting location and give written or oral notice at least (24) hours in advance of the meeting to the legal organ of the county or a newspaper with equal circulation. In counties in which a legal organ is published less than four times per week, the time, place, and date of the meeting must be posted for at least (24) hours at the regular meeting location and, upon written request from broadcast or print media in the county, notice must be provided to the requesting media outlet (24) hours in advance of the meeting. Upon written request from any local broadcast or print media outlet, a copy of the meeting’s agenda must be provided by fax, by e- mail, or by mail through a self-addressed, stamped envelope provided by the requester. Notice of Special/Emergency Meetings - For emergency meetings (i.e., meetings with less than (24) hours notice), the meeting notice must include the date, time and location of the meeting, the subjects expected to be covered at the meeting and the reason for meeting with less than (24) hours notice.1 Notice must be provided to the county legal organ or a newspaper with greater circulation in the county than the legal organ. Notice must also be provided by telephone, fax or e-mail to any broadcast or print media outlet whose place of business and physical facilities are located in the county when such media outlet has made written request for such notice within the previous calendar year. The Secretary of the Advisory Board shall ensure that the Clerk of Commission and the public are aware of all special called meetings or emergency meetings of the board. IV. ELECTIONS Election of the ASAB officers shall be held during the regular meeting in December, with newly elected officers taking office in the following January. To be considered for office a committee member must have served on the ASAB for at least one (1) calendar year. V. TERMS OF APPOINTMENT 1 OCGA §50-14-1(d)(3). 6 Each ASAB member shall serve at the pleasure of their appointing authority and can be removed from the ASAB by the appointing authority, with or without cause, at any time. For all members appointed by individual Commissioners, the term of membership shall coincide with the appointing Commissioners term of office. Members may continue to serve on the ASAB until their successors are appointed and qualified. Members of the ASAB shall not receive a salary unless such is provided for by the Augusta, Georgia Commission. VI. CONFLICT OF INTEREST MEMBERS In connection with any actual or possible conflict of interest, the interested board member must disclose the existence of the conflict and be given the opportunity to disclose all material facts to the ASAB. At any time the ASAB is to undertake any official action which will affect a monetary or other vested interest of a member of the Commission, that ASAB member shall reveal the existence of that interest to the Commission at the next meeting after the member becomes aware of the conflict of interest. The ASAB member shall abstain from voting on that matter. VII. RESIGNATION Advisory Board members may resign by submitting a written resignation to their appointing authority, copying the Chairman of the Advisory Board and the Clerk of Commission. VIII. STAFF LIAISON The Augusta Animal Services Department shall serve as the staff liaison for the ASAB. The Director, or designee, shall assist the Chairman in preparing meeting agendas, recording and transcribing the minutes of all meetings, and handling all related correspondence with Committee members. The Animal Services Department shall be responsible for notifying the Clerk of Commission and the general public with advanced notice of all meetings of the ASAB in accordance with the Georgia Open Meetings Act.2 ASAB support shall not restrict the Animal Services Departments ability to carry out its primary service mission. IX. VOTING A. Each Committee member, including the Chairman and Vice-Chairman, shall vote. A committee member shall abstain from voting in the event of a conflict of interest. The committee member shall state for the record the basis for the abstention and complete a Statement of Potential Conflict of Interest form. B. Voting by proxy or absentee is prohibited. 2 OCGA §§ 50-14-1 et seq. 7 X. ATTENDANCE AT MEETINGS AND REMOVAL OF MEMBERS Faithful and prompt attendance at all meetings of the ASAB, and conscientious performance of the duties required of members, shall be a prerequisite to continuing membership on the ASAB. Should a member fail to attend three (3) consecutive regular meetings of the ASAB, and should there be no adequate excuse for such absences, the ASAB, by a majority vote may remove such person from membership and shall recommend to the appointing authority that a vacancy exists and that the vacant position be filled in an expeditious manner. The determination as to what constitutes “adequate excuse” shall be determined by a majority vote of the ASAB. XI. QUORUM A quorum of the ASAB shall consist of a majority of the total number of members of the Advisory Board. For purposes of calculating a quorum, vacant seats shall not be considered. Where no quorum exists no official meeting can take place; no official action can take place; and no minutes are to be created. XII. MEETINGS Meetings will be conducted according to the latest version of Roberts Rules of Order, except as modified by these by-laws. Regular Meetings: Regular meetings of the Animal Services Advisory Board shall be held on the third Thursday of each month at 5:45 P.M. in the Augusta Animal Services Department, 4164 Mack Lane, Augusta, GA 30906, or in any other designated meeting place, provided the location is specified in all notices required by law. If a regularly scheduled meeting occurs on a legal holiday, the Chairman, with the concurrence of a majority of the ASAB, may set an alternate date for the meeting. The Secretary of the ASAB shall have the responsibility of notifying the Clerk of Commission and others of the date, time and location of meetings of the ASAB as required by the Georgia Open Meetings Act. 3 If a quorum is not present at a regular meeting of the Committee, a special meeting may be held within fourteen (14) working days from such scheduled meeting. XIII. SPECIAL/EMERGENCY MEETINGS Special meetings of the ASAB may be called at any time by the Chairman. At least forty-eight (48) hours’ notice of the time and place of special meetings shall be given to each member of the ASAB and the Secretary. The Secretary shall have the responsibility of notifying the Clerk of Commission and others as required by the Georgia Open Meetings Act. XIV. CANCELLATION OF MEETINGS 3 OCGA §§ 50-14-1 et seq. 8 Regularly scheduled meetings can be cancelled or postponed whenever there is no business for the ASAB to consider. The Chairman may dispense with a regular meeting by giving notice to all board members not less than twenty-four (24) hours prior to the time set for the meeting. XV. ADJOURNED MEETINGS Should the business before the Advisory Board not be completed, the Chairman may adjourn the same from day-to-day until the matters before the Advisory Board are completed. XVI. OPEN MEETINGS Unless otherwise determined in advance, all meetings of the ASAB will be open to the public. Once an open meeting has begun, it will not be closed for any reason. All materials brought before, or presented to, the ASAB during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, will be available to the public for review or copying at the time of the scheduled meeting. Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may at the determination of the Chairman, offer oral comment at such meeting. Comments will be limited to five (5) minutes. The Chairman may decide in advance to exclude oral public comment during a meeting, in which case the meeting announcement will note that oral comment from the public is excluded and will invite written comment as an alternative. Members of the public may submit written statements to the ASAB at any time. XVII. AGENDA, SUMMARY AND MINUTES The agenda for each meeting shall be prepared by the Secretary at the direction of the Chairman. The order of business before the board shall be: (1) Determination of Quorum, (2) Approval of Minutes of the Previous Meeting, (3) Reports, (4) Old Business, (5) New Business, (6) Announcements, (7) Adjournment. An agenda of all matters expected to come before the ASAB must be made available upon request and must be posted at the meeting site as far in advance as is practicable during the two weeks prior to the meeting.4 If a particular issue is not included on the posted agenda it may still be considered by the board if it is deemed necessary to address it. The clear intent of this provision is to ensure that the public is informed of the matters that will come before the body. Members of the public shall be allowed access to the meeting and must be allowed to make visual and sound recordings of the open portions of any meeting.5 A written summary of the subjects acted on and a list of the members attending the meeting must be prepared and made available within two (2) business days of the meeting.6 Minutes of the meeting must be prepared and made publicly available after having been approved as official; such 4 OCGA §50-14-1(e). 5 OCGA § 50-14-1(c). 6 OCGA § 50-14-1(e)(2) 9 approval is to occur at the next regular meeting of the agency. The minutes must, at a minimum, contain the names of the members present at the meeting, a description of each motion or other proposal made, a record of who made and seconded each motion, and a record of all votes including who voted for and who voted against each motion. It shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. For meetings with less than (24) hours notice, the minutes must also describe the notice given and the reason for the emergency meeting. XVIII. STAFFING ARRANGEMENTS. Assistance shall be provided to the ASAB by the Augusta Animal Services Department staff. The Animal Services Department staff shall assist the Director, or designee, in coordinating all information submitted from other sources to the Committee. Specifically, it shall be the responsibilities of the Animal Services staff, under the direction of the Director, to: A. Make available, in conjunction with the Chairman, relevant information and prepare recommendations. B. Make available copies of comments, proposals or any other information submitted from other sources, in accordance with the Georgia Open Records Act and Georgia Open Meetings Act in a timely fashion. C. Serve as a liaison between the ASAB and other departments. XIX. NOTICE AND PUBLIC INFORMATION. The Animal Services Director, or designee, is required to comply with guidelines pertaining to matters of public notice and scheduling as provided by the Clerk of Commission. XX. AMENDMENTS. All amendments, modifications, or changes to these by-laws shall first receive an affirmative vote of two-thirds majority of the members of the ASAB. All amendments, modifications, or changes require the legislative authorization of the Augusta Board of Commissioners before becoming effective. 10 Replace With: Sec. 4-1-7. Animal Services Advisory Board By-Laws. ARTICLE I PURPOSE AND ROLE SECTION 1. The Animal Services Advisory Board (hereinafter "ASAB”) shall be constituted to advise the city of Augusta and the Animal Services Director on matters pertaining to animal services through recommendations and reports. The ASAB is a recommending body. The Animal Services Director does not report to or work for the ASAB. The ASAB must remain committed to the following principle that Animal Services is a public safety agency. SECTION 2. The ASAB shall seek out and recommend programs that may enhance the animal services in Augusta, Georgia. SECTION 3. The ASAB shall make recommendations to enhance animal welfare and safety. SECTION 4. The ASAB shall seek out and recommend alternate funding sources to startup or sustain animal services programs. SECTION 5. The ASAB shall take the lead in recruiting qualified volunteers who are interested in serving to enhance Augusta, Georgia’s Animal Services. ARTICLE II MEMBERSHIP SECTION 1. The ASAB shall consist of ten (10) members. Each appointee shall be designated by the commission-council member representing a designated district. Each of the ten (10) members of the ASAB shall be nominated by the individual Commissioner representing District 1, District 2, District 3, District 4, District 5, District 6, District 7, District 8, District 9, and District 10. Each member of the ASAB appointed pursuant to this paragraph shall be required to reside in the district of the appointing Commissioner. SECTION 2. In addition, two (2) members may be recommended by the Augusta-Richmond County delegation in the General Assembly of Georgia and appointed by the Augusta, Georgia Commission. In the event the appointed authority of the Legislative Delegation is removed from the Consolidation Act, this subsection shall automatically be repealed. 11 SECTION 3. In the event that there are unfilled vacancies on the ASAB for any period of time, a ASAB consisting of six (6) or more members may exercise all powers delegated to the ASAB until the vacancies are filled. SECTION 4. Advisory Board members may resign by submitting a written resignation to their appointing authority, copying the Chairman of the Advisory Board, the Director of Animal Services, and the Clerk of Commission. SECTION 5. Each ASAB member shall serve at the pleasure of their appointing commissioner and may be removed at any time, with or without cause. SECTION 6. Members of the ASAB serving as of January 1, 2016, shall serve until their fixed term has expired and continue to serve until their successors are appointed and qualified by the Commissioner representing the respective Districts. ARTICLE III MISCELANIOUS PROVISIONS SECTION 1. CHAIRMAN A Chairman shall be elected by the ASAB from among its members for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Chairman shall serve as such for no more than two (2) consecutive terms. A. The Chairman shall preside over the ASAB and shall have the right to vote. B. The Chairman shall decide all points of procedure, subject to these bylaws and the latest edition of Roberts Rules of Order, unless otherwise directed by the majority of the ASAB in session at the time. C. The Chairman shall appoint any committees found necessary to investigate any matters before the ASAB. SECTION 2. VICE-CHAIRMAN A Vice-Chairman shall be elected by the ASAB from among its members in the same manner for a one (1) year term. The term shall run from January 1 of each year until December 31 of each year. The Vice-Chairman shall serve no more than two (2) consecutive terms. A. The Vice-Chairman shall serve as “Acting Chairman” in the absence of the Chairman or when that officer has to refrain from participation because of a conflict of interest and shall have the same powers and duties as the Chairman. B. The Vice-Chairman shall have the right to vote. 12 C. Upon the resignation or disqualification of the Chairman, the Vice-Chairman shall assume the chairmanship for the remainder of the unexpired term or until a new Chairman is elected. SECTION 3. SECRETARY A. The Secretary of the ASAB shall be responsible for keeping records of board actions, including overseeing the taking of minutes at all board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each board member, and assuring that ASAB records are maintained. B. Notice of Regular Meetings - Notice of the time, place, and dates of regular meetings (e.g., the Advisory Board’s monthly meeting) must be made available to the general public and be posted in a conspicuous place at the regular meeting place of the agency and must be posted on Augusta’s website. For any meeting that is not conducted at the regular meeting place or time, Augusta, Georgia, through its Advisory Board must post the time, place, and date of the meeting for at least (24) hours at the regular meeting location and give written or oral notice at least (24) hours in advance of the meeting to the legal organ of the county or a newspaper with equal circulation. In counties in which a legal organ is published less than four times per week, the time, place, and date of the meeting must be posted for at least (24) hours at the regular meeting location and, upon written request from broadcast or print media in the county, notice must be provided to the requesting media outlet (24) hours in advance of the meeting. Upon written request from any local broadcast or print media outlet, a copy of the meeting’s agenda must be provided by fax, by e-mail, or by mail through a self-addressed, stamped envelope provided by the requester. C. Notice of Special/Emergency Meetings - For emergency meetings (i.e., meetings with less than (24) hours notice), the meeting notice must include the date, time and location of the meeting, the subjects expected to be covered at the meeting and the reason for meeting with less than (24) hours notice.1 Notice must be provided to the county legal organ or a newspaper with greater circulation in the county than the legal organ. Notice must also be provided by telephone, fax or e-mail to any broadcast or print media outlet whose place of business and physical facilities are located in the county when such media outlet has made written request for such notice within the previous calendar year. The Secretary of the Advisory Board shall ensure that the Clerk of Commission and the public are aware of all special called meetings or emergency meetings of the board. SECTION 4. ELECTIONS Election of the ASAB officers shall be held during the regular meeting in December, with newly elected officers taking office in the following January. To be considered for office a committee member must have served on the ASAB for at least one (1) calendar year. 1 OCGA §50-14-1(d)(3). 13 SECTION 5. TERMS OF APPOINTMENT Each ASAB member shall serve at the pleasure of their appointing authority and can be removed from the ASAB by the appointing authority, with or without cause, at any time. For all members appointed by individual Commissioners, the term of membership shall coincide with the appointing Commissioners term of office. Members may continue to serve on the ASAB until their successors are appointed and qualified. Members of the ASAB shall not receive a salary unless such is provided for by the Augusta, Georgia Commission. SECTION 6. CONFLICT OF INTEREST MEMBERS In connection with any actual or possible conflict of interest, the interested board member must disclose the existence of the conflict and be given the opportunity to disclose all material facts to the ASAB. At any time the ASAB is to undertake any official action which will affect a monetary or other vested interest of a member of the Commission, that ASAB member shall reveal the existence of that interest to the Commission at the next meeting after the member becomes aware of the conflict of interest. The ASAB member shall abstain from voting on that matter. SECTION 7. RESIGNATION Advisory Board members may resign by submitting a written resignation to their appointing authority, copying the Chairman of the Advisory Board and the Clerk of Commission. SECTION 8. STAFF LIAISON The Augusta Animal Services Department shall serve as the staff liaison for the ASAB. The Director, or designee, shall assist the Chairman in preparing meeting agendas, recording and transcribing the minutes of all meetings, and handling all related correspondence with Committee members. The Animal Services Department shall be responsible for notifying the Clerk of Commission and the general public with advanced notice of all meetings of the ASAB in accordance with the Georgia Open Meetings Act.2 ASAB support shall not restrict the Animal Services Departments ability to carry out its primary service mission. SECTION 9. VOTING A. Each Committee member, including the Chairman and Vice-Chairman, shall vote. A committee member shall abstain from voting in the event of a conflict of interest. The committee member shall state for the record the basis for the abstention and complete a Statement of Potential Conflict of Interest form. 2 OCGA §§ 50-14-1 et seq. 14 B. Voting by proxy or absentee is prohibited. SECTION 10. ATTENDANCE AT MEETINGS AND REMOVAL OF MEMBERS Faithful and prompt attendance at all meetings of the ASAB, and conscientious performance of the duties required of members, shall be a prerequisite to continuing membership on the ASAB. Should a member fail to attend three (3) consecutive regular meetings of the ASAB, and should there be no adequate excuse for such absences, the ASAB, by a majority vote may remove such person from membership and shall recommend to the appointing authority that a vacancy exists and that the vacant position be filled in an expeditious manner. The determination as to what constitutes “adequate excuse” shall be determined by a majority vote of the ASAB. SECTION 11. QUORUM A quorum of the ASAB shall consist of a majority of the total number of members of the Advisory Board. For purposes of calculating a quorum, vacant seats shall not be considered. Where no quorum exists no official meeting can take place; no official action can take place; and no minutes are to be created. SECTION 12. MEETINGS Meetings will be conducted according to the latest version of Roberts Rules of Order, except as modified by these by-laws. Regular Meetings: Regular meetings of the Animal Services Advisory Board shall be held on the third Thursday of each month at 5:45 P.M. in the Augusta Animal Services Department, 4164 Mack Lane, Augusta, GA 30906, or in any other designated meeting place, provided the location is specified in all notices required by law. If a regularly scheduled meeting occurs on a legal holiday, the Chairman, with the concurrence of a majority of the ASAB, may set an alternate date for the meeting. The Secretary of the ASAB shall have the responsibility of notifying the Clerk of Commission and others of the date, time and location of meetings of the ASAB as required by the Georgia Open Meetings Act. 3 If a quorum is not present at a regular meeting of the Committee, a special meeting may be held within fourteen (14) working days from such scheduled meeting. SECTION 13. SPECIAL/EMERGENCY MEETINGS Special meetings of the ASAB may be called at any time by the Chairman. At least forty-eight (48) hours’ notice of the time and place of special meetings shall be given to each member of the ASAB and the Secretary. The Secretary shall have the responsibility of notifying the Clerk of Commission and others as required by the Georgia Open Meetings Act. 3 OCGA §§ 50-14-1 et seq. 15 SECTION 14. CANCELLATION OF MEETINGS Regularly scheduled meetings can be cancelled or postponed whenever there is no business for the ASAB to consider. The Chairman may dispense with a regular meeting by giving notice to all board members not less than twenty-four (24) hours prior to the time set for the meeting. SECTION 15. ADJOURNED MEETINGS Should the business before the Advisory Board not be completed, the Chairman may adjourn the same from day-to-day until the matters before the Advisory Board are completed. SECTION 16. OPEN MEETINGS Unless otherwise determined in advance, all meetings of the ASAB will be open to the public. Once an open meeting has begun, it will not be closed for any reason. All materials brought before, or presented to, the ASAB during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, will be available to the public for review or copying at the time of the scheduled meeting. Members of the public may attend any meeting or portion of a meeting that is not closed to the public and may at the determination of the Chairman, offer oral comment at such meeting. Comments will be limited to five (5) minutes. The Chairman may decide in advance to exclude oral public comment during a meeting, in which case the meeting announcement will note that oral comment from the public is excluded and will invite written comment as an alternative. Members of the public may submit written statements to the ASAB at any time. SECTION 17. AGENDA, SUMMARY AND MINUTES A. The agenda for each meeting shall be prepared by the Secretary at the direction of the Chairman. The order of business before the board shall be: (1) Determination of Quorum, (2) Approval of Minutes of the Previous Meeting, (3) Reports, (4) Old Business, (5) New Business, (6) Announcements, (7) Adjournment. B. An agenda of all matters expected to come before the ASAB must be made available upon request and must be posted at the meeting site as far in advance as is practicable during the two weeks prior to the meeting.4 If a particular issue is not included on the posted agenda it may still be considered by the board if it is deemed necessary to address it. The clear intent of this provision is to ensure that the public is informed of the matters that will come before the body. 4 OCGA §50-14-1(e). 16 C. Members of the public shall be allowed access to the meeting and must be allowed to make visual and sound recordings of the open portions of any meeting.5 D. A written summary of the subjects acted on and a list of the members attending the meeting must be prepared and made available within two (2) business days of the meeting.6 Minutes of the meeting must be prepared and made publicly available after having been approved as official; such approval is to occur at the next regular meeting of the agency. The minutes must, at a minimum, contain the names of the members present at the meeting, a description of each motion or other proposal made, a record of who made and seconded each motion, and a record of all votes including who voted for and who voted against each motion. It shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. For meetings with less than (24) hours notice, the minutes must also describe the notice given and the reason for the emergency meeting. SECTION 18. STAFFING ARRANGEMENTS. Assistance shall be provided to the ASAB by the Augusta Animal Services Department staff. The Animal Services Department staff shall assist the Director, or designee, in coordinating all information submitted from other sources to the Committee. Specifically, it shall be the responsibilities of the Animal Services staff, under the direction of the Director, to: A. Make available, in conjunction with the Chairman, relevant information and prepare recommendations. B. Make available copies of comments, proposals or any other information submitted from other sources, in accordance with the Georgia Open Records Act and Georgia Open Meetings Act in a timely fashion. C. Serve as a liaison between the ASAB and other departments. SECTION 19. NOTICE AND PUBLIC INFORMATION. The Animal Services Director, or designee, is required to comply with guidelines pertaining to matters of public notice and scheduling as provided by the Clerk of Commission. SECTION 20. AMENDMENTS. 5 OCGA § 50-14-1(c). 6 OCGA § 50-14-1(e)(2) 17 All amendments, modifications, or changes initiated by the ASAB to these by-laws shall first receive an affirmative vote of two-thirds majority of the members of the ASAB. All amendments, modifications, or changes require the legislative authorization of the Augusta Board of Commissioners before becoming effective. 18 EXHIBIT B Strike: Sec. 4-1-39. Registration Requirement. Any person owning, keeping, harboring, or having custody of a dog or cat (6) months old or older within the limits of Augusta, Georgia are required to register each animal with the Augusta Animal Services Department and obtain a registration license tag. To obtain a registration license tag, owners must provide proof of current rabies vaccination and proof of spay/neuter if registering an altered animal. Replace With: Sec. 4-1-39. Registration Requirement. 1. Any person owning, keeping, harboring, or having custody of a dog or cat (6) months old or older within the limits of Augusta, Georgia are required to register each animal with the Augusta Animal Services Department and obtain a registration license tag. To obtain a registration license tag, owners must provide proof of current rabies vaccination and proof of spay/neuter if registering an altered animal. 2. Pursuant to OCGA § 4-8-1.2 any domestic dog that is registered with the American Kennel Club or United Kennel Club as a sporting breed group dog, hound breed group dog, or nonsporting breed group dog or that is of a breed used in the lawful pursuit of hunting in the State of Georgia pursuant to OCGA Title 27, that is used during an established hunting season to aid an individual to pursue or hunt wildlife, and whose owner or other member of the household has a hunting permit from the Department of Natural Resources shall be classified as a hunting dog, and the owner of any such dog shall receive the same registration, licensing, or permitting fee from any local government as is available to owners of dogs which have been spayed or neutered. Nothing in this Code section shall affect the ability of local governments to deal with vicious dogs, abandoned dogs, or stray dogs. Commission Meeting Agenda 12/20/2016 2:00 PM ARFF Fire Truck Department: Department: Caption:Motion to approve the purchase of a 2007 Airport Rescue Fire Fighting (ARFF) Fire Truck from Georgia Department of Administrative Services - Surplus Property Division for the cost of $25,000.00 to be funded from the Augusta Fire Fund Balance. (Approved by Public Safety Committee December 13, 2016) Background:See attached information. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo -t Fire Department/Emgrgency ManagementAgency Christophcr E. James, Fire Chief/EMA Director AGENDA ITEM: EDITION: December 6, 2016 The Honorable Hardie Davis, Jr. Mayor Members of the Commission Commissioner William Lockett, Chairman, public Safety Committee Janice Allen Jackson, Administrator Chrislopher E, James, Fire Chief /t DATE: TO: THROUGH: FROM: SUBJECT: ARFF Fire Truck CAPTION: Motion to approve the purchase ot a2007 Airport Rescue Fire Fighting (ARFF)Fire Truck from Georgia Department of Adminiskative Services- Surplus Property Division foitheiost of $25,000,00 to be funded from the Augusta Fire Fund Balance. BACKGROUND: The Fire Department does nol have an ARFF Fire Truck to respond lo aircraft incidents at Daniel Field. We have hained personnelat Station 8, across from Daniel Field in Airport Rescue Firefighting. This will better serve our city and this airport by providing service yve've never been'able to provide. ANALYSIS: Augusta Fire Department needs the ARFF Fire Truck to respond to aircraft incidents at Daniel Field' Without this vehicle, firefighting is greatly compromised when responding to an aircraft incident.we cunently are left to mix foam from b gallons buckets to extinguish jet fuel fires. FINANCIAL IMPACT: The purchase of the ARFF Fire Truck is at a cost of $25,000.00 from Fund Balance.This allows us to purchase a used vehicle from the federal government at a great cost savings, The cost ofa new vehicle similar to this ARpp Fire Fighting Truck is estimated over 940d,000,00. Fire DepartmenUEmerge ncy Management Agency3l l7 Deans Bridge Road, Augusta CA 30906 (1 06) 82r -2909 - Phone (j 06) 82t -2907 -F ax WWW.AUGUSTAGA.GOV AGENDA ITEM: EDITION: DATE: December 6, 2016 PAGE 2 ALTERNATIVES: None at this time RECOMMENDATION: To approve the purchase of the ARFF Fire Truck and authorize the cost oJ $25,000.00 to be paid from the Augusta Fire Deparlment Fund Balance. REQUESTED AGENDA DATE: DEPARTMENT FUNDS AVAILABLE IN THE FOLLOWINGDIRECTOR: Christopher E. James, Firc Chief ACCOUNTS: The Augusta Fire Department Fund Balance ADMINISTRATOR:FINANCE: To: I Georgia State Agency for Surplus Property Rslrcrting Aatiritlr; Agreuc'y Bur€au: 9?1S | 200 PiedmonlAve. Ste 1208W__________ I Attanta, GA 30334_9010 DLA Ds Anni.stoa I Telephone: 470-819-2890 ? rnAxronD A\rE Br-Dc 202 I +04-657-8544 Anaiston AI 35201 .IASOI{ UATTSOIT256-235-7134 (rAxl256-235_dt68 L,ocatior of Properby: DI-A DS .Anni,ctoa 7 En.TXTOBD AI/E BII'G 282 AnnistoE AL 36201AI.AI' I{IIffY256-235-?133 (EA;rl256_235_,1{58 Truck is located in Meridian, MS POC Enail CC : DRMSAnnistonRID0DIA.MfLCustodian Email : DRMSAnnisIonRTDODLA.MIL Date: 12106116 Letter of Authorization to Remove property l, Lisg Moghazy, the undersigned, oj the Georgia State Agency for Surplus property (GASASp),hereby authorize Augusta Georgia Fire Depart-ment to remove the property listed below on my behalf. POC: Chris James or Wayne Taylor - (706) g21_1640 Extent of Authority: To remove property. SIGNATURE OF CUSTOMER: s.Nd*s Lrsa Moghazy, Federal property Specialist List !tems(s) by Requisition Number: 13-7-0i30-01 rten control- No. Stock No. ;l;Y "t- unir cost ur cond Fair Mkt val N63043 6231 9861 42Lo oLA,Bi-aoG 1 $44r,sr1.oo EA F7Itee NaBe:TRUCK,FTRE FIGHTTNG APITDNS3oII3NASLTNsRDr o{DEc2016 Danil: A Requieition No: az1,3vr 63{0 D256 Grand Total for 1 Line (e): g4{1,511.00 Pick up must be arranged in advance directly with the propefi custodian. Last day to pick up theproperty is December 26,2C1A. DATE: L2/05/16 TOr EKfN, gTElrEN GA DEPT OF AU{INrSTRATrr,E SVC(r}l() 000-000-0000 FROM: Federal ecquiaitiou gervice / "B Dear SASp Approviag Officlal: At,tsacbed is a GSA Allocating Officlal (AO) eleetrooically approved coEputergcacrated Tra-efer Order for Surplue property. PLease coordinate plck up of your ?ropertsy items by contacting tbc ReporEiagacEiviEy or Property custodi.aa rleted oq the attacbed Tra-gfer order. rf you bave any queetioasr fou may colrtaet elttrer the GSA Ao or the ReportingActiviEy listed l-a the Traaefer Order. TRIT.ISFEB ORDER (NIII{BER: 13 Z O13O 01) SUR?LUB PERSONIL pROpERfy Page: To: Geaeral Servl.cee Adsrinistratloa: csA/Fss ({QSCB) -nO PROPERry MANAGEUETIT77 FORSYTE STNEE? ATITAIITA APO: SHELIA BI,OI,NT 4 0{ -331 -0538 Reportiag Activity: DLA DS AD,DiEtoD7 TR}'NXFORD Al'lE BLDG AEaisto! ,rAgoN !{},TTSON 2s6-235-?L31 Locatlon of propertsy; Orderiag Agency: Ageacy Bureau: {75? GA DEPT OT .aDMIIIIST&ITIVB SVC 8URFTUS PNOPERTY DT1IISION200 prEDiaotfir AvE, srE 1802 w. ToxER cA 3033{-9010 CA DEPT OF AD!{INTSTNATTVE gVC ST'RPLUS PB,OPERTY DTVISTON 2OO PXEDMOIIT AIfE, STE 1802 W, TOWERA?LAtlrA cA 30334_9010 Shlppiag IDEtrucEioDE ! cA 30303 ASI.AIITA !{OGEAZY, LrgA(FU<) lO+ -33]--]-877 404_657_5951 EXrX, STwENAgency Bureau: 9215 (fAI() OOO_OO0_OOO0--- Sbip To: 282 Ar, 36201 (FAr() 256-235-4458 DIJA DS Anaigtou7 SR.ENKFORD Al'E Annieton ALAil WII,XIY 256 -235 - 7133 BLDC 282 Ar 36201 (rex) zse-235 -4468 POC Enai.1 CC : DRMS.A:rniBtoDRTD@DLe.UfL Cue todle- Enai l. : DRMSArr.rli 6 EoDRTD@DIJA. Mf LTbe state ageacy agreea to tbe terms aud. coaditione of this traTrsferae outliaed in tbe SF X23 CerElflcaEione, Agreeneata, a:rd Agsuraaccaeertsificatioa docrrment er(ecuted oa Ag/$/ZOLS. GSA APO Email : gBELfi,.BLOUlfT@cgA.cOV Screener Enail ; LTBA.MOGBAZY@DOAS.cA.cOV POC Email : DRI.TSAaai6 tonRTD@DI.A. I4IIJ Ordering Ageacy Approval: Sigraature 3 Sd,/ -EtrIN, STEIVEN Dater L2/05/20L6 Tit1e : Approv:lng Official Item Control No. gtock No. cSA Approval: sLgEature : sd/_ BLouNt, sgELIA Date: L2/05/20L6Title: GSA Area propcrty Officer ITEII LXST Qty. UaLt Coet UI Coad Fair Mkt Vel N53043 6231 9851 42LO OL11BL406ftem Narae :IRUCK, FfRE FfcHTfNGSRD: 04DEe2015 Dem:lt: A s44L,511.00 EL Requiei.tJ.oE No: F7 APIJDN63043NASLXN 4743yN 63{0 D256 Gra-d Totsal for 1 Line(a): g4{1,511.00 B:<ceptl'oa to sF-123 approved by GsA Form policy aact rrtaaagelreDt, wiew lhecertifl.cation ar bttp: //geaxceia.gov/ttr./d"""ligzZS CerEificatioa.pdf . 1 ,. r i Irt '#;tHt| -' EfrAvE ITfr ,.1 Fd FonI*HHALJ 7, tt?H l:rlFHHIJl-{lh 2\t7l.-\w HE |;3 Ir IE ['ui{irl,lq iFd IuiO rrl{a, './,1 ol-ll-l.Jl Iol HI I ? JEt*eg Wlll tHbL:lt ltL'l:t rritYr *r* Commission Meeting Agenda 12/20/2016 2:00 PM Continuation of Radio Services Contracts Department:Information Technology Department Department:Information Technology Department Caption:Motion to approve the continuation of Augusta’s radio services contracts. (Approved by Public Safety Committee December 13, 2016) Background:The City of Augusta, currently, has 1,483 radios on the South Carolina Statewide 800 MHz Radio and Mobile Data System which is a cost-shared public/private partnership between state government, local governments and power utilities. Augusta will continue to utilize these services on a month to month basis until a private Land Mobile Radio System (LMRS) can be purchased and installed. Analysis:Participation in a shared radio system has, historically, been the only affordable method of achieving radio coverage in the City of Augusta. Due to recent industry price reductions, for entry level radio systems, it is now affordable for the City of Augusta to purchase our own radio system. As Augusta moves forward with purchasing our own system we will continue to require the services of the South Carolina Statewide 800 MHz Radio and Mobile Data System. Following the procurement and installation of Augusta’s private LMRS, these services will no longer be required. The proposed contract allows Augusta to cancel services without penalty. Financial Impact:Funds are available in each department's operating budget. Alternatives:N/A Recommendation:Approve the continuation of Augusta’s radio services contracts. Funds are Available in the Following Cover Memo Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Fire Department Land Lease Renewal - With Unitarian Universalist Church for Station 9 Parking Lot Department:Fire Department:Fire Caption:Motion to approve the renewal of the land lease with the Universalist Unitarian Church for the parking lot at Station 9 and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee December 13, 2016) Background:Since 2002 the City of Augusta has been leasing a strip of paved land from the Universalist Unitarian Church to use as a drive way for Station 9 apparatus to pull into the fire station and for additional parking as needed. Analysis:Without the use of this property, the fire apparatus would have to back into Fire Station 9 which is located at 3507 Walton Way Ext. This is a very heavy traffic area most of the day and would create a safety risk for firefighters who would be required to maneuver the fire trucks into the fire station. Financial Impact:The new lease is for five years beginning in January 2017 with a total cumulative cost of $6,900. The Fire Department will pay this lease annually in the amount of $1,380 due by January 31st of each calendar year of the Agreement. Alternatives:None at this time Recommendation:To approve the renewal of the land lease with the Unitarian Universalist Church for a portion of the parking lot at Station 9 and to authorize the Mayor to execute the appropriate documents. Funds are Available in the Following Accounts: Funds are available in the Fire Department 2017 budget in line item 52234110 Land Leases. Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Emergency Construction Services - Patterson Bridge Road Culvert Department:Engineering Department:Engineering Caption:Motion to approve and receive as information from AED, the emergency construction services provided by Blair Construction and J. S Rowe, Inc. on the Patterson Bridge Road in the amount of $643,918 funded through the Stormwater Utility Program. (Approved by Engineering Services Committee December 13, 2016) Background:Heavy rains on April 1, 2016 caused Patterson Bridge Road to wash out and fail. Due to the magnitude of the problem and limited access to adjacent neighborhoods, the bridge replacement became an emergency. To mitigate impact to the area, AED requested assistance from Blair Construction and J.S Rowe, Inc., to facilitate bridge/culvert field design engineering, drainage & road construction work. Analysis:Work was done under an emergency condition that warranted a timely response by AED to minimize public exposure to hazards, and Augusta’s exposure to potential liability. It also warranted immediate action to establish a detour route through the Albion Kaolin Mine area. AED did not have sufficient in-house resources to complete all the required tasks in a timely manner and had to request assistance from outside local sources. Financial Impact:The latest invoice in the amount of $185,824 totals $643,918; funded through the city’s Stormwater fund. Alternatives:1) Approve and receive as information from AED, the emergency construction services provided by Blair Construction and J. S Rowe, Inc. on the Patterson Bridge Road in the amount of $643,918 funded through the Stormwater Utility Program. 2) Do not approve and seek alternate funding source Cover Memo Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 581-044320-5414710 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM GDOT grant for James Brown Boulevard phase 2 project Department:Engineering Department:Engineering Caption:Motion to approve the acceptance of a Georgia DOT Transportation Alternatives Program (TAP) grant for the James Brown Boulevard phase 2 streetscape project, and authorize the Mayor to sign the necessary documents from the Georgia DOT.(Approved by Engineering Services Committee December 13, 2016) Background:The Transportation Alternatives Program (TAP) was authorized under Section 1122 of Moving Ahead for Progress in the 21st Century Act (MAP-21) and is codified at 23 U.S.C. sections 213 (b), and 101(a)(29). Section 1122 provides for the reservation of funds apportioned to a State under section 104(b) of title 23 to carry out the TAP. The national total reserved for the TAP is equal to 2 percent of the total amount authorized from the Highway Account of the Highway Trust Fund for Federal-aid highways each fiscal year. (23 U.S.C. 213(a))The TAP provides funding for programs and projects defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. Analysis:It is in the City’s best interest to continue this next phase of James Brown Boulevard improvements from Twiggs Street to Laney- Walker Boulevard. Phase I involved improvements from Jones to Telfair Street and Walton Way to Barnes Street. This effort will continue to build on those enhancements. Financial Impact:By accepting this grant, Augusta will receive $472,000 in federal funds. The Downtown Development Authority will be providing Cover Memo the local matching funds of $125,188 from its SPLOST VI allocation, so no new or additional City funds are required. Alternatives:None recommended. Recommendation:Approve the acceptance of the Georgia DOT Transportation Alternatives Program (TAP) grant for the James Brown Boulevard phase 2 streetscape project, and authorize the Mayor to sign the necessary documents with the Georgia DOT. Funds are Available in the Following Accounts: $472,000 in federal funds from the GDOT TAP grant, and $125,188 from the DDA from its SPLOST VI allocation REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2- 113-00-0); 2644 Wheeler Road Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2-113-00-0); 2644 Wheeler Road. (Approved by Engineering Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: PI #: 0011413 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2-113-00-0) 2644 Wheeler Road BACKGROUND: Owner died intestate and all heirs cannot be determined or located. Therefore, the City seeks to acquire property through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of .008 acre (351.67 sq. ft.) for right-of- way and 400.04 sq. ft. of temporary for one driveway easement. The appraised value is $1,700.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: PI #: 0011413 DEPARTMENT DIRECTOR_______________________ ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Sarah Berry, deceased, by and through her known and unknown heirs Commission Meeting Agenda 12/20/2016 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2- 158-00-0); 2027 Willow Street Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-158-00-0); 2027 Willow Street. (Approved by Engineering Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-158-00-0) 2027 Willow Street BACKGROUND: Owner signed Option; however, a Title Search reveals numerous outstanding federal and state tax liens in excess of $100,000.00. In order to proceed and avoid further project delays, condemnation is recommended to obtain clear title. The required property consists of 7,500 sq. ft. The appraised value is $6,500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Billie M. Hill Commission Meeting Agenda 12/20/2016 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2- 159-00-0); 2029 Willow Street Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-159-00-0); 2029 Willow Street. (Approved by Engineering Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-159-00-0) 2029 Willow Street BACKGROUND: Owner signed Option; however, a Title Search reveals numerous outstanding federal and state tax liens in excess of $100,000.00. In order to proceed and avoid further project delays, condemnation is recommended to obtain clear title. The required property consists of 7,500 sq. ft. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Billie M. Hill Commission Meeting Agenda 12/20/2016 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2- 160-00-0); 2031 Willow Street Department:Engineering Services Department:Engineering Services Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-160-00-0); 2031 Willow Street. (Approved by Engineering Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-160-00-0) 2031 Willow Street BACKGROUND: Owner signed Option; however, a Title Search reveals numerous outstanding federal and state tax liens in excess of $100,000.00. In order to proceed and avoid further project delays, condemnation is recommended to obtain clear title. The required property consists of 7,500 sq. ft. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Billie M. Hill Commission Meeting Agenda 12/20/2016 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4- 066-00-0);2049 Golden Rod Street Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-066-00-0); 2049 Golden Rod Street. (Approved by Engineering Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-066-00-0) 2049 Golden Rod Street BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner as to the property’s value and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,500 sq. ft. for Right of Way. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Donald E. Evans Commission Meeting Agenda 12/20/2016 2:00 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4- 113-00-0); 2060 Golden Rod Street Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-113-00-0); 2060 Golden Rod Street. (Approved by Engineering Services Committee December 13, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-113-00-0) 2060 Golden Rod Street BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner as to the property’s value and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,500 sq. ft. for Right of Way. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Evelyn Smith Lowe Commission Meeting Agenda 12/20/2016 2:00 PM Motion to Determine Abandonment of Alley between 512 Reynolds Street and 514 Reynolds Street Department:Law Department:Law Caption:Motion to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party (ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee December 13, 2016) Background:Rafik Bassali has requested that the alley be abandoned. Mr. Bassali is the owner of 512 Reynolds Street and 514 Reynolds Street. The alley lies between his two properties. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on November 21, 2016 for this matter. The legal description and plat of said Alley between 512 Reynolds Street and 514 Reynolds Street portion of are attached. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact: Alternatives:Cover Memo Recommendation:Approve determination and request for abandonment of the Alley between 512 Reynolds Street and 514 Reynolds Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON THE ALLEY BETWEEN 512 REYNOLDS STREET AND 514 REYNOLDS STREET AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that the Alley between 512 Reynolds Street and 514 Reynolds Street as shown on the attached plat, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on November 21, 2016 at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on November 10, 2016 and November 17, 2016, and that the property owners located on the Alley between 512 Reynolds Street and 514 Reynolds Street were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held, December 20, 2016, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2016. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Commission Meeting Agenda 12/20/2016 2:00 PM On-Call Asphalt Patch Repair and Concrete Curb and Sidewalk Replacement Department:Utilities Department:Utilities Caption:Motion to approve award to provide on-call asphalt and concrete repairs. Bid 16-224 (Approved by Engineering Services Committee December 13, 2016) Background:Augusta Utilities received sealed bids for providing on-call asphalt and concrete repairs. This service will be used when repair of Augusta Utilities underground assets requires removal of asphalt or concrete. Utilizing an on-call contractor we can limit the amount of time that a road cut or sidewalk cut remains unrestored to its condition prior to the repairs. Expedient repairs to the roadway and sidewalk limits the potentially negative impact on our customers. The bid was prepared to allow for up to three additional one-year period renewals with this contractor. Analysis:Augusta Utilities has been successful in past years with this type of project. Utilities personnel have compared all received bids and found that Georgia-Carolina Paving Company provides the best value for the department. Financial Impact:The requested amount is $127,575.00. Funds are available in account 506043410-5311912 in the following breakdown: 2016- $75,000.00 2017-$52,575.00 Alternatives:Deny the request. Recommendation:We recommend approval of the purchase order to Georgia- Carolina Paving Company. Funds are Available in the Following Accounts: Funds are available in account 506043410-5311912 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 OF 27 REVISION DATE: November 2016 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONTRACTOR SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND GEORGIA-CAROLINA PAVING COMPANY CONTRACTOR: Georgia-Carolina Paving Company PROJECT: On-Call Asphalt and Concrete Curb, Gutter, and Sidewalk Repair DATE EXECUTED: DATE COMPLETED: Revision date: November, 2016 2 OF 26 Revision Date: November, 2016 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ON-CALL ASPHALT AND CONCRETE CURB, GUTTER, AND SIDEWALK REPAIR Augusta, Georgia The Honorable Hardie Davis, Jr., Mayor Commissioners: William Fennoy Dennis Williams Sammie Sias Ben Hasan Bill Lockett Sean Franton Mary Davis Wayne Guilfoyle Marion Williams Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 DATE ______________________________ 3 OF 27 REVISION DATE: November 2016 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONTRACTOR SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND GEORGIA-CAROLINA PAVING COMPANY This Agreement is made and entered into this _____________ day of __________________, 2016 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the “CITY” and GEORGIA-CAROLINA PAVING COMPANY a Corporation authorized to do business in Georgia, hereinafter called the "CONTRACTOR." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: On-Call Asphalt and Concrete Curb, Gutter, and Sidewalk Repair and, WHEREAS, the CONTRACTOR has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONTRACTOR that: The CONTRACTOR scope of work will consist of evaluating and repairing hydrants and valves as assigned by AUD team. The scope will also include allowing AUD staff to shadow CONTRACTOR so as to establish a policy and procedure for this program for future in-house use. The scope of services is more precisely defined in Attachment A Scope of Services. 4 OF 27 REVISION DATE: November 2016 GENERAL PROVISIONS CONTRACTOR has agreed, in this Agreement with CITY to provide the on-call services of providing asphalt and concrete for the various projects in accordance with the requirements as outlined in and attached as Attachment A – Scope of Services and other relevant data defining the Project. CONTRACTOR COORDINATION The CONTRACTOR shall cooperate fully with all municipalities, local government officials, utility companies, and other CONTRACTORs as directed by the CITY. CITY, CONTRACTOR and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or CONTRACTORs practicing under similar conditions. CONTRACTOR will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONTRACTOR and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONTRACTOR. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONTRACTOR, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. 5 OF 27 REVISION DATE: November 2016 TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONTRACTOR on behalf of the CITY under this Agreement. However, CONTRACTOR will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONTRACTOR'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. BINDINGS It is further agreed that the CITY and CONTRACTOR each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONTRACTOR shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations and agreements, either written or oral. 6 OF 27 REVISION DATE: November 2016 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONTRACTOR executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONTRACTOR under this Agreement. CITY –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONTRACTOR - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONTRACTOR or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONTRACTOR signed by CITY and accepted by CONTRACTOR, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONTRACTOR. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONTRACTOR under this Agreement. 7 OF 27 REVISION DATE: November 2016 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 4. Bid Package Documents 8 OF 27 REVISION DATE: November 2016 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONTRACTOR and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONTRACTOR of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONTRACTOR under this Agreement will be the level of care and that is ordinarily used by members of CONTRACTOR’S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONTRACTOR’s compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. 4. PERSONNEL The CONTRACTOR represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONTRACTOR under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONTRACTOR under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONTRACTOR’s Key Personnel without the prior written approval of the CITY or his designee. The CONTRACTOR shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONTRACTOR shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONTRACTOR and responsible for the work prescribed by this Agreement. 9 OF 27 REVISION DATE: November 2016 5. ACCURACY OF WORK The CONTRACTOR shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONTRACTOR shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONTRACTOR of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONTRACTOR agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONTRACTOR pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONTRACTOR without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONTRACTOR, but should any such information be released by the CITY or by the CONTRACTOR with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONTRACTOR acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). CONTRACTOR shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONTRACTOR with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONTRACTOR arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONTRACTOR, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 10 OF 27 REVISION DATE: November 2016 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Agreement, CONTRACTOR will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONTRACTOR of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONTRACTOR under this Agreement shall become the property of the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONTRACTOR. 9.1 SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONTRACTOR is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONTRACTOR. The CONTRACTOR shall be paid for any validated services under this Contract up to the time of termination. CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR which will fix the date on which Work will be resumed. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONTRACTORS CONTRACTOR shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONTRACTOR shall fully cooperate with such other CONTRACTORs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by CITY employees. 11 OF 27 REVISION DATE: November 2016 12. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business and that the CONTRACTOR has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONTRACTOR shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONTRACTOR, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. Indemnification: To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless CITY, and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, architects, attorneys and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR , any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The obligations of CONTRACTOR under this paragraph shall not extend to the liability of CITY's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. CONTRACTOR , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONTRACTOR shall review its understanding of the Project requirements with CITY 12 OF 27 REVISION DATE: November 2016 and shall advise CITY of additional data or services which are not a part of CONTRACTOR’s services, if any, necessary for design to begin. 14. INSURANCE The CONTRACTOR shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify both the CITY against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONTRACTOR in performance of the work during the term of this Agreement. The CONTRACTOR shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONTRACTOR’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONTRACTOR agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 13 OF 27 REVISION DATE: November 2016 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY’s Personnel: The CONTRACTOR shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONTRACTOR shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONTRACTOR shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) the CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONTRACTOR will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONTRACTOR shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONTRACTOR shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONTRACTOR may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate 14 OF 27 REVISION DATE: November 2016 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONTRACTOR hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONTRACTOR shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONTRACTOR shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONTRACTOR agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONTRACTOR against all claims arising out of such use of documents and materials without the CONTRACTOR’s knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONTRACTOR shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONTRACTOR or any of its agents or employees to be the agent, employee, or representative of the CITY. 15 OF 27 REVISION DATE: November 2016 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONTRACTOR: ADMINISTRATOR ADMINISTRATION AUGUSTA, GEORGIA Duke’s Root Control 535 Telfair Street, Ste. 910 1020 Hiawatha Blvd. West Augusta, GA 30901 Syracuse, NT 13204-1131 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 26. LOCAL SMALL BUSINESS: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor. 27. E-VERIFY: All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in 16 OF 27 REVISION DATE: November 2016 connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services 28. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between AUGUSTA and CONTRACTOR and supersedes all prior negotiations, representations and agreements, either written or oral. ACKNOWLEDGEMENTS “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts [SIGNATURES ON FOLLOWING PAGE] 17 OF 27 REVISION DATE: November 2016 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONTRACTOR: AUGUSTA, GEORGIA (CITY) BY: BY: PRINTED NAME: Mayor Hardie Davis Jr. PRINTED NAME: AS ITS: MAYOR AS ITS:: ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME: AS ITS: Clerk of Commission AS ITS:: DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 18 OF 27 REVISION DATE: June 2006 CONTRACTOR’S RESPONSIBILITIES CONTRACTOR , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONTRACTOR shall review its understanding of the Project requirements and shall advise CITY of additional data or services which are not a part of CONTRACTOR’s services, if any, necessary for design to begin. PROJECT UNDERSTANDING Upon request from the CONTRACTOR, CITY may provide all criteria and full information as to CITY's and CONTRACTOR'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONTRACTOR may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONTRACTOR'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONTRACTOR to submit progress reports and/or plans shall be cause to withhold payment to the CONTRACTOR until the CONTRACTOR complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONTRACTOR. CONTRACTOR'S INSURANCE CONTRACTOR will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 – Insurance. 19 OF 27 REVISION DATE: November 2016 CITY’S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONTRACTOR all data in CITY's possession relating to CONTRACTOR's services on the PROJECT. CONTRACTOR will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONTRACTOR will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONTRACTOR shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONTRACTOR, the CITY will provide the necessary documents identifying the CONTRACTOR as being in the employ CITY for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONTRACTOR's services or PROJECT construction. TIMELY REVIEW CITY will examine CONTRACTOR's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other CONTRACTORs as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONTRACTOR whenever CITY observes or becomes aware of any development that affects the scope or timing of CONTRACTOR's Services, or of any defect in the work of CONTRACTOR or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. 20 OF 27 REVISION DATE: November 2016 ATTACHMENT A – SCOPE OF SERVICES GENERAL The purpose of this bid item is so the Augusta Utilities Department (AUD) can secure an on-call contractor to provide asphalt pavement patch repairs in a timely manner. AUD will provide an area ready to receive 2” thick asphalt. The area will be made ready with straight-cut edges. Square or rectangle areas will be cut out when possible, however sometimes the nature of the work might require oddly shaped cuts be made. The base for the asphalt will be prepared by AUD crews. On occasion, the contractor may need to repair the area with graded aggregate base prior to installing the asphalt. Bituminous tack or other materials necessary for asphalt patch to adhere to the surfaces and remain in place will be provided by the contractor and included in the asphalt price. Asphalt rolled curb will be replaced to match existing work in the area. Removal of traffic plates and temporary traffic control will be provided by AUD. The contractor is responsible for site safety and ensuring traffic control measures are sufficient. The contractor and AUD’s project manager will discuss traffic control measures to be provided at least one day in advance of beginning the work. If traffic flaggers are needed, certified flaggers will be provided by the contractor at no additional cost to the department. In the event that AUD crews cannot prepare the area in advance, it will be up to the contractor to make the area ready for asphalt. This may include, but is not limited to, moving protective plates, excavating graded aggregate base from cut area to make ready for 2” of asphalt. Any preparation work necessary that is performed by the contractor will be included in SY price shown on bid sheet. All preparation work will be approved in advance by AUD management. Patched area will be made to look neat and clean before opening to traffic. Patches will be even with the existing surrounding road surfaces. Any depressed or raised areas in the patch will not be acceptable. Concrete curb, gutter and sidewalk repairs will be prepared by the contractor by neatly cutting the existing curb and gutter or sidewalk at the nearest control joint. At minimum, asphalt expansion joint will be placed on each end of the newly poured concrete. Longer stretches of work may require additional expansion joint be used. Control joints and additional expansion joint material will be provided by the contractor to match existing work in the area. Placing and removal of forms, procurement and delivery of concrete is the responsibility of the contractor. After forms are removed, spaces on both sides shall be backfilled with suitable earth, uniformly spread and compacted. The area will be left smooth with no dips or edges that may create a tripping hazard. Edges and concrete surfaces shall be finished to match existing work in the area. Exposed aggregate surfaces or ADA compliant raised walking areas will not be included in this contract. Concrete shall contain coarse and fine aggregate with a minimum 3,000 pounds compressive strength per square inch at 28 days. Water used for concrete work will be free from salt, oil or organic substances. Water from creeks, rivers, ponds or ditches shall not be used. The contractor will provide “Sidewalk Closed” signs and additional barriers or caution tape to prevent damage to the newly poured concrete as necessary. Removal of pedestrian barriers will be the responsibility of the contractor and will take place as soon as possible once the concrete is 21 OF 27 REVISION DATE: November 2016 cured enough for use. The contractor will call AUD’s project manager once work is complete for a final field inspection of the concrete repairs. Item Description Unit Quantity Asphalt 2” thick SY 3,500 Preparation work SY 3,500 Curb & Gutter LF 200 Concrete Sidewalk, 4” SF 200 Graded Aggregate Base CY 200 Saw Cutting (when approved by AUD) LF 25 When work requires the department to remove asphalt or concrete, the contractor will be provided a list of locations that require asphalt placement on a daily basis. If no cuts are made, the contractor will not receive a list. The asphalt shall be placed within one week after receiving the location report, unless authorization has been received otherwise from AUD. The contractor will provide one full working day notice (24 hours) to AUD’s project manager prior to beginning asphalt repairs. This will allow for scheduling removal of plates (as necessary) and providing temporary traffic control measures as needed. Discussion of traffic control measures to be provided will take place during this time as well. Removal of discarded, surplus or rejected materials will be by the contractor. AUD reserves the right to require removal of any defective work. Upon written notification, contractor shall take immediate action to correct faulty work at contractor’s expense. All remedial work shall be completed within three working days, weather permitting. In the event traffic control or additional permits are necessary for replacement of defective work, those shall be provided by the contractor at no expense to AUD. All work will have a 180-day guarantee against defects in materials or workmanship. During this period, any repairs required will extend the warranty for an additional 180-day period from the date of the remedial work. Due to changes in the price of asphalt based materials, the contractor may present a cost change request every 90 days for the life of this contract. Proof of rising costs must be provided by the contractor. The cost change request will be reviewed and approved or denied within 5 working days by AUD. If denied, this contract shall end in 30 days from the date of written notice from AUD. Work required in that 30 days will be at current contract prices. Contract Period The initial term of the contract shall be for the period of one year. The contract may be extended for additional one-year periods up to a total of three additional years, with the mutual consent of AUD and the Contractor. Price changes for succeeding years shall be adjusted in accordance with the consumer price index for Augusta, Georgia locale. 22 OF 27 REVISION DATE: November 2016 See detail. 23 OF 27 REVISION DATE: November 2016 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONTRACTOR for services, which have been authorized by the CITY under the terms of this Agreement. The CONTRACTOR may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONTRACTOR to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONTRACTOR shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONTRACTOR to proceed with the work authorized in a Task Order, it agrees to pay the CONTRACTOR for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. Compensation for design services shall be invoices based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONTRACTOR shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of the CONTRACTOR, but the premium time portion of the overtime will not be billed to the CITY unless the CONTRACTOR has requested acceleration of the scheduled work in writing. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Defective pricing To the extent that the pricing provided by PLUMBER is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 24 OF 27 REVISION DATE: November 2016 25 OF 27 REVISION DATE: November 2016 ATTACHMENT C – LISTING OF KEY PERSONNEL CONTRACTOR shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Project Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: 26 OF 27 REVISION DATE: November 2016 ATTACHMENT D – SCHEDULE FOR PERFORMANCE The work sequence and work schedule will be in accordance with specifications as defined in Attachment A. 27 OF 27 REVISION DATE: November 2016 CONTRACTOR SERVICES AUGUSTA UTILITIES DEPARTMENT CONTRACTOR BY: BY: PRINTED NAME: PRINTED NAME: TITLE: DIRECTOR TITLE: DATE: DATE: ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONTRACTOR (i.e., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONTRACTOR. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Other not described above, as approved by the CITY. Invitation to Bid Sealed bids will be received at this office until Friday, September 16, 2016 @ 11:00 a.m. for furnishing: Bid Item #16-224 On-Call Asphalt and Concrete Curb, Gutter and Sidewalk Repair – Augusta Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 2, 2016 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 11, 18, 25, September 1, 2016 Metro Courier August 17, 2016 OFFICIAL VENDORS Attachment B E-Verify #Addendum 1 SAVE Form Asphalt 2" Total Price Curb & Gut Total Price Pre for As Total Price Con Side 4 Total Price Gra Agg Ba Total Price Saw Cutt Total Price Total Blair Construction P. O. Box 770 Evans, GA 30809 Yes 224004 Yes Yes $75,600.00 $47,495.00 $25,000.00 $7,000.00 $44,000.00 $2,500.00 $201,595.00 Georgia-Carolina Paving Company 3020 Milledgeville Rd. Augusta, GA 30904 Yes 100183 Yes Yes $87,500.00 $33,250.00 $4,400.00 $2,000.00 $400.00 $25.00 $127,575.00 Sitec LLC 522 Railroad Ave North Augusta, SC 29841 Yes 212379 Yes Yes $56,980.00 $70,000.00 $3,900.00 $2,020.00 $5,600.00 $75.00 $138,575.00 The following vendors did not respond: J & B Construction / 3550 Gordon Highway / Grovetown, GA 30813 Beam's Contracting / 15030 Atomic Rd / Beech Island, SC 29842 Contract Management / 1827 Killingsworth Rd / Augusta, GA 30904 Harris Construction / P. O. Box 14311 / Augusta, GA 30909 Horizon Construction / P. O. Box 798 / Evans, GA 30809 Bid Opening Bid Item #16-224 On-Call Asphalt and Concrete Curb, Gutter & Sidewalk Repair for Augusta, Georgia - Utilities Department Bid Due: Friday, September 16, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 Commission Meeting Agenda 12/20/2016 2:00 PM Procurement of Replacement Parts for Hypochlorite Generation Equipment Department:Utilities Department:Utilities Caption:Motion to approve Procurement of Replacement Parts for Hypochlorite Generation Equipment. (Approved by Engineering Services Committee December 13, 2016) Background:Augusta's new and upgraded surface water treatment plants utilize a technology which allows onsite generation of sodium hypochlorite which is used as a replacement for chlorine gas as a disinfectant in drinking water. The system used at our facilities is manufactured by Severn Trent Services. These units require periodic replacement of generation cells due to normal deterioration of the electrodes. The purpose of this procurement is to purchase a replacement cell for one of the units at the Highland Avenue Water Treatment Plant. Analysis:This is a replacement part for an existing piece of equipment which is proprietary in its design and construction. The only source for this procurement is the equipment manufacturer. Financial Impact:$59,461.20 from budgeted funds. Alternatives:No feasible alternatives are available. Recommendation:Approve the sole source procurement of a replacement cell assembly from Severn Trent Services at a cost of $59,461.20. Funds are Available in the Following Accounts: 506043520-5425110 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo ;0: Dofee" Hester (Utilities) 11/16/16sh Sole Source Justification (Reference Article 6, Procurement Source Selection Methods and Contract Awards, § 1-10-56 SOLE SOURCE PROCUREMENT Vendor: __ ~S~e~y~e~rn~T~re~n~tuD£e~Nuour~a~T~e~x~a~s~l_LC~ __ E-Verify Number: __ ~STS 130722 Commodity: HyPO Generation Parts Estimated annual expenditure for the above commodity or service: Initial all entries below that apply to the proposed purchase. Attach a memorandum containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). _ .... ___ x __ I. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER. THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certitication that no regional distributors exist. Item no. 4 also must be completed.) 2. SOLE SOURCE REQUEST IS FOR ONLY THE AUGUSTA GEORGIA AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's -not the distributor's -written certification that identifies all regional distributors. Item no. 4 also must be completed.) . 3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 4. THIS IS THE ONL Y KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) . 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memomndum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier ofthe service or material described in this sole source justification be authorized as a sole source for the service or material. Name: Gene 8odie..___ Department: AVD Administrator Appro COMMENTS: " /,'(/ w rt/LOuiJf'~ Rev. 09110/12 Date: 10/18/20 .. Date: ( 0/ t-.+f '" Date: ~J!!? jl Y ~~ Date: \ \ l ""V ~~C= I2D ADMINISTRATOR'S OFFICE NOV 15 2016 , /~ "---~ o __ ~ __ ~~F----CHECK ALL THAT APPI. Y: AUGUSTA UTILITIES DEPARTMENT IN-HOUSE REQUISITION REQUISITION # \ -l \ DATE: 10/18/2016 o WATER o EQUIPMENT 0 CHEMICAL 0 LAB o IT 0 ROUTINE o SEWER o SUPPlIES FUND#: 506043520 -5tf;51/o 0 SERVICE D1V1SION Highland Water Filter Plant o TOOLS 0 GASES 0 UNIFORM o SAFETY 0 REPAIR 0 UFT STATION o OFFICE 0 MAINTENACE 0 OTHER o SCADA 0 EMERGENCY o INVENTORY 0 SOLE SOURCE o BID ITEM 0 PREFER ITEM SHIP TO: VENDOR: Severn Trent DeNora Texas Highland Water Filter Plant ADDRESS: 1110 Industrial Blvd, Sugarland TX 77478 2835 Central Ave. PHONE#: 281.240.6770 QUOTE!) RY: Najmeh Quote: QP04697 ITEM ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE # 1 L 1 ()-U I)Ub-l 1 58,000.00 58000.00 0.00 CT/)U CELL A:S:SY 0.00 0.00 0.00 0.00 2 5604-044 2 705.60 I 411.20 0.00 ANODE (+) END CAP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 o.oe 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SHIPPING CHARGES I 50.00 50.00 0.00 TOTAL ------59.461.20 ------0.00 ------.JUSTIFICATION ANI) EXPLANATION FOR 1'llIU:lIASE: Parts required to maintain hypo system .. THIS CELL ASSEMBLY IS VITIAL TO HIGHLANDS CHLORINE DISINFECTION PROCESS REQUESTED BY: /(Jt;/P, 1/ Received by: OCT 182016 Doreen Hester APPROVED BY: r;/. hi /it' ~proved:' '" ~(~D.~ AUD Director ~\\~ . TOTAL PRICE ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Rev. 4/29/2013 Tom D. Wiedmeier, P.E. Director Sole Source Justification for Hypo Generator Parts The hypo cell units are proprietary to manufacture and no others' can be used in application. Highland Ave WTP require these items to maintain the systems integrity and provide disinfectant for water production. Regards -~ C_Gene Bodie 10/18116 ~roved: ,~])W~ AUD Director Augusta Utilities Administration 360 Bay Street -Suite 180 -Augusta. OA 3090 I (706) 312-4154 -Fax (706) 312-4123 WWW.AlJOUSTAOA.OOV Date: To: Copy: 18 October 2016 Mr. Gene Bodie Augusta Utilities Augusta Georgia Allen Walker, Templeton & Associates Joe Kelly -Temsco DeNera Water Texas LlC (Formerly Severn Trent De Nora Texas, LLC) 1110 Industrial Blvd Sugarland TX 77478 Direct:+l (281) 274 ·6770 Fax:+ 1 (281) 240-6762 www,denoracom From: Subject: Kyle T. Cook, Eastern RSM De Nora Watwer Technolgies Clortec Exclusivity for Georgia Dear Mr. Bodie, Denora Water Technologies is the sole manufacturer of the Clortec Onsite Hypochlorite Generation System, inclusive of any new equipment manufactured by Denora Water Technologies which works in conjunction with and/or is compatible with the Clortec product line. Kyle T. Cook Eastern Regional Sales Manager De Nora Water Technologies We are now a De Nora company and we are aDe Nora Water Technologies Business Unit". Our company is changing name and the new name shall be De Nora Water Technologies, Inc. QUOTATION UUOl729 1110 Industrial Blvd Sugarland TX 77478 Telephone: 281-240-6770 Fax: 281-274-8492 HIGHLAND AVE WTP WATER FILTER SERVICES 2835 CENTRAL AVE ATTENTION: GENE BODIE AUGUSTA GA 30909 USA [ QUANTITY I UM ITEM I DESCRIPTION QUOTE NUMBER: QP04697 PAGE: 1 QUOTE DATE: 10/12/16 EXPIRATION DATE: 01/10/17 AUTHORIZED REPRESENTATIVE: TERMS: NET 30 DAYS UNIT PRICE 1.000 CT6-0750E-1 58,000.00000 EA CELL, ASSEMBLY, CT750, DRINKING/NSF, 2.000 5604-044 705.60000 EA PLUG, ANODE (+), 11 INCH DIA., ACRYLIC, CUSTOMER'S ACCEPTANCE OF THIS QUOTATION IS EVIDENCED BY THE SIGNATURE APPLIED HERETO AND CONSTITUTES A CONTRACT TO PURCHASE SUBJECT ONLY TO THE TERMS AND CONDITIONS PROVIDED HEREWITH. ANY CONFLICTING TERMS AND CONDITIONS PROVIDED BY BUYER ARE EXPRESSLY DISCLAIMED. SIGNATURE: DATE: * Country of Origin: USA * Sch B: 8421.99.0040 *ECCN: NLR-EAR99 *Lead time is 1-3 Weeks ARO. **Based on factory workload.** **Availability is subject to prior sale** 58,000.00 1,411.20 De Nora Water Technologies, Inc. QUOTATION QUOTE NUMBER: QP04697 PAGE: 2 1110 Industrial Blvd Sugarland TX 77478 Telephone: 281-240-6770 Fax: 281-274-8492 QUOTE DATE: 10/12/16 EXPIRATION DATE: 01/10/17 AUTHORIZED REPRESENTATIVE: UUOl729 HIGHLAND AVE WTP WATER FILTER SERVICES 2835 CENTRAL AVE ATTENTION: GENE BODIE AUGUSTA GA 30909 USA UM ITEM I DESCRIPTION * EXWORKS, our crating company, Houston, TX If you wish to order the part please sign the attached quote and provide your PO number and Bill and ship to address to avoid approval delays. Minimum order of $50.00 required Standard documentation and packaging are provided. We cannot pack to military specifications nor do we offer bar-coding services. Seller may freely assign any order issued by Buyer to any of Seller's affiliates, and shall notify the Buyer of same, at its option. Seller reserves the right to manufacture, or to have manufactured at an affiliated facility worldwide, any of the Products, in whole or in part, associated with an order issued hereunder. Per attached De Nora Water Technologies Texas LLC Terms and Conditions EXW (Ex-Works): Sugar Land, Texas 77478 U.S.A. Best Regards, Najmeh Dehghani TERMS: NET 30 DAYS UNIT PRICE ·De Nora Water Technologies, Inc. QUOTATION UUOl729 1110 Industrial Blvd Sugarland TX 77478 Telephone: 281-240-6770 Fax: 281-274-8492 HIGHLAND AVE WTP WATER FILTER SERVICES 2835 CENTRAL AVE ATTENTION: GENE BODIE AUGUSTA GA 30909 USA QUANTITY I UM ITEM I DESCRIPTION Inside Sales Representative QUOTE NUMBER: QP04697 PAGE: 3 QUOTE DATE: 10/12/16 EXPIRATION DATE: 01/10/17 AUTHORIZED REPRESENTATIVE: TERMS: NET 30 DAYS UNIT PRICE De Nora Wate~ Technologies Texas LLC (Formerly S~vern Trent De Nora Texas, LLC) T: 001 (281) 240-6770 Main T: 001 (28i) 274-8429 Direct F: 001 (281) 240-6762 E: Najmeh.dehghani@Denora.com W: www.denora.com Sale Amount: Sales Tax: Mise: Total Amount: Thank you for your order! Please verify & respond if any changes are necessary,otherwise your order will be processed as stated. Freight & Tax are determined at Invoicing. NETAMOUN~ 59,411.20 0.00 0.00 59,411.20 Controlled Document: Version 1.0 -17 Aug 2016 DE NORA WATER TECHNOLOGIES (AFTER SALES AND SERVICE) ®DENORA GENERAL TERMS AND CONDITIONS OF SALE OF PARTS 1. APPLICABLE TERMS The sale hereunder of Parts, Spare Parts, Replacement Parts, Refurbished Parts, Repaired Parts, other Parts (collectively, the "Parts''') to any customer ("Buyer") is limited to and made expressly conditional on Buyer's acceptance of these teons and conditions of sale. These teons and conditions shall control over any inconSistent or additional terms or conditions proposed or issued by Buyer, including any additional or different teons contained in any purchase order, acknowledgement, proposal or other communication, written or otherwise, unless specifically agreed to in writing by both parties. Buyer's acceptance of delivery or the full or partial payment of the purchase price hereunder, shall constitute Buyer's acceptance of all the terms and conditions stated herein, notwithstanding any other inconsistent terms and conditions, prior dealings or usage of trade. 2. PRICES AND PAYMENT TERMS Buyer shall pay the full purchase price as set forth in the applicable purchase order or on the face of that certain document to which these terms are attached ("Seller's Documentation"), (collectively with these terms and conditions. the "Contract") without any deduction by way of, set-off, counterclaim, discount or otherwise. All prices and payments shall be in U.S. currency. Unless specifically noted otherwise in Seller's Documentation, prices are exclusive of any and all sales, use, excise, ad valorem. property or other taxes, duties or levies of any kind due or applicable to this transaction. Buyer shall pay directly or reimburse Seller immediately upon demand for any and all such taxes. Payment terms are cash in advance unless Buyer has applied for and Seller has granted credit terms. Where payment on credit teons is approved, payment terms are Net Thirty (30) Days from date of invoice. No discounts shall apply. Any payments delayed beyond thirty (30) days from the specified due date shall be subject to interest on the unpaid balance at the rate of one and one-half (1-1/2%) percent per month or the maximum rate permitted by applicable law, whichever is less. Seller reserves the right, among other remedies, to suspend further deliveries in the event Buyer fails to pay for anyone shipment when payment becomes due. All Contracts are subject to credit approval. Should Buyer's financial condition become unsatisfactory to Seller, Seller shall have the right, al ils option, to payment in advance, to cash payment upon delivery or to satisfactory security. 3. DEUVERY AND RISK OF LOSS Delivery dates set forth in Seiler'S Documentation are approximate and Seller will make all reasonable efforts to meet same. Timely delivery is subject to prompt receipt from Buyer of accurate and complete technical and Shipping infoonation. Seller reserves the right to make partial shipments, invoices for which shall be due and payable in accordance with the payment terms speCified above. Where payment is due in advance or by Letter of Credit, timely delivery is further subject to timely receipt of such payment or issuance of such Letter of CredIt. All Shipping and handling costs are to be paid by Buyer. Buyer Is liable for compliance with all laws and regulations goveming the unloading, storage, handling and use of all Parts. Whether or not installation services are performed by Seller, title and risk of loss shall pass to Buyer in accordance with the stated shipping terms under Incoterms 2010. Unless otherwise agreed and specified on the purchase order or Seller's Documentation, shipping terms are EXW Seller's Facility. Seller will notify Buyer when Parts are available for shipment. Buyer must provide Seller with specific written instructions as to Buyer's preferred method of shipment or common carrier. If Buyer does not arrange for a freight carrier or freight forwarder to collect the Parts within seven (7) calendar days following notification that the Parts are available, Seller may, at its own discretion and at Buyer's cost, arrange for Parts to be collected by a freight carrier or freight forwarder for shipment to Buyer. Alternatively, Seller may choose to store the Parts and may charge Buyer a storage fee. In the event Buyer requests a postponement of delivery beyond the date specified In Seller's Documentation, Seller may invoice the Buyer and title and risk of loss shall pass to Buyer at such time as Parts are made available for shipment, but in no event earlier than the deHvery date specified in SeUer's Documentation. If delivery is postponed by Buyer, Seller shall endeavor but shall not have the obligation to either store the Parts or secure a storage location at Buyer's expense and based upon terms and conditions agreeable to the parties. Prior to installation, Parts must be stored by Buyer in accordance with the storage instructions that may be a part of Seller's instructions for Parts installation, maintenance and care. In the absence 01 specifIC instructions, Parts must be stored prior to their installation in an enclosed space affording protection form weather, dust and physical damage and providing appropriate temperature, humidity and ventilation conditions to prevent deterioration. Buyer's failure to follow Seller's storage instructions may cause damage to the Parts and will void the warranties provided hereunder. Seller shall have the right to inspect Parts stored by Buyer prior to installation. If Parts are stored by Buyer for a period of 90 days or more, Buyer shall reimburse Seller for all reasonable costs of inspection. 4. PERMITS, REGISTRATIONS AND LAWS Buyer is responsible for all peonits and registrations and for compliance with local laws concerning permitting, registration, installation and use of the Parts.. Buyer shall indemnify and hold harmless Seller from any and all costs, damages, fines and penalties resulting from Buyer's failure. to comply with local laws, permits and regulations. Buyer shall strictly comply with and refrain from exporting or re-exporting the Parts in violation of United States' laws regarding trade restrictions and embargoes, as such laws may be amended from time to time. Unless otherwise agreed according to the speCified Incoteons goveming shipment of the Parts, Seller shall have no obligation or liability for export clearance, customs clearance or import duties of any kind. Issued 17 August 2016 Controlled Document: Version' ,0 -17 Aug 2016 ®DENORA Seller may provide reimbursement to Buyer or Buyer's representative, either directly or indirectly through intermediaries, for their reasonable and bona fide travel and lOdging expenses in connection with Buyer's purchase of Parts hereunder. Any such reimbursement is NOT a payment, gift. offer or promise of anything of value, but is rather provided to Buyer for the sole purpose of reimbursing Buyer's reasonable travel and lodging expenses related to the promotion. demonstration or explanation of the Parts being offered by Seller to Buyer. Should Seller discover that a violation of the U,S, Foreign Corrupt Practices Act or the UK Bribery Act 2010 has occurred or is likely to occur. Seller shall have the right to unilaterally terminate the Contract. 5. INSPECTION AND ACCEPTANCE Buyer has the right to inspect Parts at Seller's facility prior to shipment provided that advance written arrangements are made by Buyer and are confirmed in writing by Seller, Any and all costs associated with inspection and testing requested by Buyer at Seller's facility will be paid by Buyer, Buyer shall inspect and examine all Parts immediately upon receipt and shall notify Seller in writing of all discrepancies and damages within ten (10) calendar days after receipt. If Buyer receives Parts with visible or suspected damage or loss, including damages to the packaging, or with discrepancies in specification. Buyer shan make relevant notes in receiVing documents and notify Seller immediately, Such notice shall be reasonably detailed and shall specify the damage or discrepancy. Buyer's failure to inspect the Parts and give written notice to Seller of any alleged defects or non-conformity within a reasonable period of time after receipt at the point of destination shall waive Buyer's right to reject the Parts and return them to Sener for credit and Buyer's sole remedy for non-conforming or defective Parts shall be warranty claims made in accordance with Article 8 herein. Notwithstanding any right conferred upon the Buyer to inspect or test the Parts prior to acceptance, any use or alteration of the Parts by Buyer, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute Buyer's irrevocable acceptance of the Parts, Accordingly, in the event of any discovery by Buyer of a non-conformity or defect following such acceptance of the Parts, Buyer's sole recourse is a warranty claim pursuant to the warranty provisions stated in Article 8 herein, 6. INSTALLATION SUPERVISION SERVICES If Seller's scope of supply inctudes installation supervision services, Buyer will confirm to Seller at least two (2) weeks prior to the date SeUer's personnel wiU be required on site to perform such services that Buyer has fuRy completed all work necessary for such installation superviSion services in accordance with Seiler'S instructions. In the event that the completion of such services is delayed by Buyer for any reason not the fault of Seller following Seller's arrival on sile, Buyer shall pay for any additional costs resulting from the deiay, Seller shall not be responsible for the means and methods selected for such installation, nor for the manner in which such inslallation services are performed, including the efficiency, adequacy and safety of same. Seller makes no warranty, express or implied, with respect to such installation supervision services, except that the Seller shall be responsible for any claims or damages resulting from its own negligence, 7. CANCELLATION Unless otherwise provided in Seller's Documentation, if Buyer cancels or partially cancels a Contract, Buyer shall promptly pay Seller for all work performed on account of the Parts prior to suspension and/or cancellation plus any other reasonable costs incurred by SeUer as a result of such suspension and/or cancellation including, if applicable, an appropriate restocking fee. 8. WARRANTY SUbject to the conditions stated below, Seller warrants the Parts against defects in materials and workmanship in accordance with the following table. Seller shall, at its sole option, repair or replace any Parts that prove upon examination to the satisfaction of Seller to be defective, only if Buyer notifies Seller in writing immediately upon the defect becoming apparent and the defect is due to the faulty design. materials or workmanship of Seller, In the event that Seller fails to initiate a corrective action plan to repair or replace the defective components within ten (10) days following Buyer's notification. Buyer may, at their option, take action to repair or replace such defective Part, In such circumstances, Seller has no warranty obhgation with regard to Ihe repair or replacement performed by Buyer, Further, if Buyer improperly repairs or replaces the defective Parts and/or uses incompatible components. Seller is not responsible for any costs, damages or malfunctions resulting therefrom, Product Condition Warranty Spare part For part previously supplied by DNWT 30 days Replacement part Original part still in warranty Balance of the original DNWT warranty Replacement part Original part not in warranty 30 days Repaired part Original part still in warranty Balance of the Original DNWT warranty Repaired part Original part not in warranty 30 days Electrolytic cell casing Original part still in warranty Balance of the original DNWT warranty Electrolytic cell caslno Original part not in Warranty 1 year Refurbished electrolytic cell Original part not in warranty 6 months New electrolytic cell ' Original no! in fuR ortlrorated warranty 2years full warranty plus Sy_ears of prorated warranty New electrode assembly Replaces cell In prorated warranty Balance of the original prorated warranty period New electrode assembly Replaces cell in full warranty Balance of the original DNWT warranty All others (including media) Only as quoted Only as quoted Issued 17 Augusl2016 • Controlled Document: Version 1.0 -17 Aug 2016 ®OENORA Any alteralion, disassembly. storage or use of the Parts not in accordance with Seller's instructions shall void the warranty. Buyer assumes full responsibility in the event Buyer uses the Parts in combination with other goods or in any manner not stated in Buyer's specifications provided prior to sale. All costs associated with removing the Parts from service and re-installing same follOWing examination, repair or replacement are to be bome by Buyer. Seller may. in its sole discretion, require that the Parts be shipped to Seiler's facility for examination. repair or replacement. All transportation costs to and from Seller's fadlity. if required, are to be prepaid by Buyer. THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES. EXPRESS OR IMPLIED. STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY EXCLUDED; PROVIDED, HOWEVER, THAT THE PARTS ARE WARRANTED TO CONFORM IN ALL MATERIAL RESPECTS TO THE RELEVANT AND KNOWN SPECIFICATIONS. AND PERFORMANCE STANDARDS, INCLUDING ANY MUTUALLY AGREED MODIFICATIONS THERETO. SELLER'S LIABILITY AND BUYER'S EXCLUStVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PARTS THAT MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO. AT SELLER'S OPTION. THE REPAIR OR REPLACEMENT OF THE NON-CONFORMING PARTS. 9. INDEMNIFICATION Buyer and Seller shall each defend, indemnify and hold the other harmless from and on account of all bodily injury and property damage claims asserted by third parties as a result of the other's negligent acts or omiSSiOns. To the extent that both Buyer and Seller are determined by a finder of fact to be negligent and the negligence of both is a proximate cause of a claim by a third party against either Buyer or Seller. then in such event, Buyer and Seller shall each be responsible for a portion of the liability. including costs and expenses, attributable to its comparative share of the total negligence. Seller agrees to indemnify and hold harmless Buyer against any third party claim alleging that the Parts infringe upon a valid and enforceable United States patent, provided Buyer gives Seller written notice immediately when such claim is asserted, directly or indirectly. Notwithstanding the foregoing, Seller shall have no liability to Buyer if any patent infringement or claim thereof is based upon or arises out of (a) compliance with designs, plans or specifications furnished by or on behalf of Buyer; (b) use of the Parts in a manner for whiCh the Parts were neither designed nor contemplated; or (c) the claimed infringement of any patent in which the Buyer or any affiliate or subsidiary of Buyer has any direct or indirect interest by license or otherwise. 10. LIMITATION OF LIABILITY Seller's total aggregate liability to Buyer with respect to any cause of action or claim hereunder shall not exceed the purChase price payable hereunder. In no event shall Seller be liable. either directly or as indemnitor of Buyer, for any special, punitive, indirect or consequential damages, including but not limited to damages for loss of use. loss of income or loss of profit Notwithstanding the above, this limitation of liability shall not apply to claims arising from Seller's gross negligence or willful misconduct. All of Buyer's claims or actions of any deSCription whatsoever against the Seller shall be brought not later than one (1) year after the occurrence of the event upon which each such claim or action is based. 11. FORCE MAJEURE Force Majeure shall mean any act. event or condition that is beyond SeUer's reasonable control, that materially and adversely affects Seller's ability to perform its obligations hereunder. and that is not the result of Seller's willful neglect, error, omission or failure to exercise reasonable due diHgence. Seller shall not be liable for any delay in performance or failure to perform any obligation hereunder jf, and to the extent that, such failure or delay is caused by an event of Force Majeure. If Seller is unable to perform any of its obligations hereunder as a resu" of a Force Majeure event, Seller shall be required to resume performance upon termination of the event and shall have reasonable additional time for performance. In addition, to the extent that a Force Majeure event materially increases Seller's cost of performance hereunder, Seller shall be entilled to an equitable contribution from Buyer towards such additional costs of performance. excluding any costs that are covered by Seller's insurance. 12. DEFAULT AND TERMINATION The substantial failure of either party to comply with the terms herein shall constitute default hereunder. Upon default by one party, the other nondefaulting party shall provide written notice clearly specifying the nature of the default. The defaulting party shall have thirty (30) days to cure the default. If the default is capable of being cured within thirty (30) days and is not cured within thirty (30) days, this Contract may be terminated. In the case of default that cannot be cured within thirty (30) days, this Contract shall not be terminated so long as the defaulting party has given written notice of extension to the other party and the defaulting party has commenced and is diligently pursuing a cure. Issued 17 August 2016 .. Controlled Docume!lt: Version 1.0-17 Aug 2016 ®OENORA For purposes of this Contract, the failure of Buyer to pay Selier in accordance with the payment terms hereunder shall be considered a substantial default for which no cure period beyond thirty (30) days shall be allowed. In the event of the Buyer's default. Seller may, in addition to the right to terminate set forth in this paragraph, elect to suspend work until the default has been cured. In the event of any termination. Seller shall be paid for Parts delivered and services rendered (including Parts specifically manufactured/assembled or special ordered for the Buyer that have yet to be supplied) through the date of termination. No delay or omission on the part of the Seller in exercising any right or remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion. 13. INTELLECTUAL PROPERTY All devices, equipm~nt. designs (including drawings. plans and specifications). estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller in connection with the Parts sold hereunder shall remain Seller'S exclusive property. Buyer shall not disclose any such material to third parties without Seller's prior written consent. Buyer will not undertake any analyses or 'reverse engineering' of the Parts for the purpose of designing, developing or manufacturing by the Buyer or by any third party of Parts that compete with the Partes). Seller will retain sale ownership of all discoveries, improvements, inventions, patents, trademarks. copyrights, know-how, trade secrets, or other intellectual property rights associated in any way with the Parts. The parties specifically agree that all improvements, inventions. discoveries and copyright in works of authorship, including those in formative stages, made by either party hereto (either alone or jointly with others) improving upon or related to the Parts shall from the time of conception or. in the case of works of authorship, from' the time of creation. be the property of SeUer. 14. REUANCE ON INFORMATION Buyer acknowledges that Seller has used and relied upon information provided by the Buyer, if any, regarding site conditions. speCifications and other technical requirements. Seller shall not be obligated to establish or verify the accuracy of the information furnished by the Buyer nor shall Seller be responsible for the impact or effect on its Parts(s) and any services provided by Seller hereunder of the information furnished by the Buyer in the event that such information is In error. 15. DISPUTE RESOLUTION Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof. including the determination of the scope or applicability of this agreement to arbitrate. shall be determined by arbitration in New YOrk, New York. USA. or other location agreed by the parties, before a sale arbitrator, conducted In the English language in accordance with the ICC Arbitration Rules as currently in force, administered by the ICC. Judgment on the arbitration award may be entered in and enforced by any court of competent jurisdiction. 16. MISCELLANEOUS PROVISIONS These terms and conditions constitute the entire Contract of sale and purchase between Buyer and Seller and supersede all prior or contemporaneous communications, representations, understandings or agreements, whether written or oral, unless such document states that it intends to modify this Contract and is signed by both parties. No modification of this Contract (including changes in scope, speCifications, price or delivery schedule) shall be of any force or effect unless made pursuant to a writing signed by both parties. No course of dealing or performance or usage of trade may be used to modify this Contract. The English language shall be the official text of this Contract. The failure on the part of either party to enforce its rights as to any provisions herein shall not be construed as a waiver of its rights to enforce such provisions in the future. Should any provisiqn of this Contract for any reason be declared invalid or lIoid, such declaration will not affect the remaining provisions of this Contract. which shall remain in full force and effect. Buyer may not assign or permit any other transfer of this Contracl without Seller's prior written consent. Buyer acknowledges that Seller shall be entitled to manufacture or have manufactured the Parts at any of its or its partners' faCilities worldwide. The Sener shall inform the Buyer of any change to the manufacturing location of any of the Parts and the parties shall sign any further documents required to give effect to the intent of this provision. This Contract is entered into solely between. and may be enforced only by, the Buyer and Seller; and this Contract shan not be deemed to create any rights in third parties, including customers of the Buyer. or to create any obligations to any such third parties. These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America, State of Texas. The United Nations Convention on Contracts for the International Sale of Goods ("CISG") shall not apply to this Contract. Issued 17 August 2016 Commission Meeting Agenda 12/20/2016 2:00 PM Thermoplastic Material Purchase – Traffic Engineering Department:Traffic Engineering Department:Traffic Engineering Caption:Motion to approve Traffic Engineering’s purchase of thermoplastic striping material.(Approved by Engineering Services Committee December 13, 2016) Background:The Traffic Division of the Engineering Department is responsible for maintaining the striping on all county roads. As such, through the years, Traffic Engineering has purchased thermoplastic from state annual bid throughout the year. Traffic has ordered $31,680 worth of materials from the annual bid. This amount is within our annual budget and leaves some room to address unforeseen issues; however, this triggers the amount at which the commission must be informed. Analysis:The material is essential not only to the operation of the Traffic Engineering Division but, to the safety of the motoring public. Financial Impact:The material will be purchased from the State of Georgia’s annual bid NO. 48400-179-DOT0000144-001 with Crown Technology in the amount of $31,680.00 for yellow and white thermoplastic. Alternatives:None. Recommendation:Receive as information. Funds are Available in the Following Accounts: 101041710-5311630 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held December 6, 2016 and Special Called Meeting December 13, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 12t6t2016 ATTENDANCE: Present: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D. williams; Hasan and Davis, members of Augusta Richmond County Commission. INVOCATION: Rev. Dr. Julia D. Crim, Minister of Missions and Discipleship, Triniry on the Hill United Methodist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA- CONSENT AGENDA (Items l-12) PLANNING l. SA-51- A request for concurrence with the Augusta Georgia Planning Item Commission to approve a petition to amend the Land - Subdivision Action: Regulations for Augusta Georgia by amending the following sections: Rescheduled' Section 302 - Development Plan - require multiple access points andinterconnectivity to unsubdivided lands. . Section 40b - Generai Standardsfor Streets require multiple access points and interconnectivity tounsubdivided lands and length of cul-de-sacs. (Approved by theCommission November 15, 2016 - second reading) [B sa-5l.odf lB ItemAporovalSheet.html Motions Y.:':' Motion Text Made ByI ype Defer Motion to refer this item to the next Commissioner Seconded By Motion Result commissioner other Commission meeting. Sammie Sias Ben Hasan No action is taken on this motion due to the passage of the substitute motion. Motions Motion =-"".. Motion TextI ype Substitute motion to refer this item back to the next committee meeting. Mr. D.Defer Williams abstains. Voting No: Commissioner Sammie Sias. Motion Passes 8-l -1. PUBLIC SERVICES lB Villase Deli.pdf lB ItemAoprovalsheet.html Motions S3lion Motion Textrype Motion to ^ lDDrOVe.APProve uotion passes lo- 0. Made By Seconded By #r|il Commissioner William Fennoy Commisioner Sean Frantom Passes 2. Motion to approve New Ownership Application: A.N. 16-37: request by Item Heather M. Chancey for an on premise consumption Liquor, Beer, & Wine Action: License to be used in connection with Village Deli located at 2803 Wrightsboro Approved Road, Suite #28. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee November 28,2016) Made By Seconded By Motion Result Commissioner Commissioner Sammie Sias Ben Hasan Passes 3. Motion to approve amendments to Augusta, Georgia Codes (Scrap Tire ltemManagement, International Properfy Maintenance Codi, Mothball'Ordinance, Action:Nuisance Ordinance, Automobile Junk Yards/Salvage Yards, and Approved Comprehensive Zoning Ordinance) that will provide for a Re-Inspection Fee. Waive second reading (Approved by Pubtic Services CommitteeNovember 28,2016) E Budget 2017 Ordinance Code Enforcement Reinspection Fee Amendment 20l6ll29.doc [E BUdqCt 2OI7 OTdiNANCC REDLINE CODE ENFORCEMENT REINSPECTION FEE 2OI6III8.dOC E ltemApprovalsheet.html Motions f#:"" Motion rext Made By Seconded By Motion Result Motion to approve putting in the word A ...^_^--^ "shalliin place of the commission commissionerApprove ""i:',, ::l_1,11'-".:1"'" \'ommrssroner Marion passes- -rr--'- work "may" in the Ben Hasanordinance Williams Motion Passes l0-0. 4. A motion to approve John E. Pleveich as the new General Manager for McDonald Transit. (Approved by Public Services Committee November 28, 2016\ Item Action: Approved lB ItemApprovalSheet html Motions X:11" Motion Text Made Bylype Motion to ^ aDDrove.APProve vtotion passes 1o- 0. Commissioner Commissioner Sammie Sias Ben Hasan Passes Seconded By Motion Result 5. Motion to approve amendments to the Augusta, Georgia Code - Finance and Taxation, that will provide for new administrative fees for the collection of past due taxes, and identiffing businesses that relocate without notification.Waive second reading (Approved by Public Services Committee November 28, 2016) B Brds"t 2017 O.di."r"" O""rrutio, Tu* Cod. A-e.d-"ot" 2016ll29.doc [B Budsrt 2017 ordinance REDLINE occuoation Tax Code Amendments 20l609l4.doc lB ItemAnorovalsheet.html Motions Motion Item Action: Approved Motion Type Motion Text Motion to ^ zDDrove.APProve Motion passes 1o- 0. Motions Y:l'"" Motion TextI ype Motion to ^ aDDrove.APProve uotion passes lo- 0. Motions Motion Motion Textr ype Motion to APProve il3,#;*ses ro- 0. Made By Seconded By Result Commissioner Commissioner Sammie Sias Ben Hasan Passes 6. Motion to approve amendments to the Augusta, Georgia Code - Finance andTaxation, that will provide for increases in the Adminiitrative Fee, RegulatoryFees, Failure to Submit Required Documents Fees, and Occupati6n 1'ax Schedule as presented and approved during the 2017 Budget Hearings.Waive t9*ld reading (Approved by Public Services Committee November 28,2016) IE Budget 20I7 Ordinance REDLINE Occupetion Tax Fee Amendment Ord 20l6l0lg.doc lB Budset 2017 ordinance occuoation Tax Fee Amendment ordinance 2016ll29.doc E ItemAporovalSheet.html Item Action: Approved Made By Seconded By Made By Commissioner Sammie Sias Seconded By Commissioner Ben Hasan Motion Result Motion Result Passes Commissioner Commissioner Sammie Sias Ben Hasan Passes PUBLIC SAF'ETY 7. Motion to approve an amendment to the Animal Services Ordinance Section 4- Iteml'7, telated to the bylaws of the Animal Services Advisory Board and Section 4- Action:l-39, related to Registration Requirement.(Approved by Pubtic Safety ApprovedCommittee November 28, 20lG) E zote oRnnn Ncn anrrNoueNr_rtnal_onlRr.oor IB ItemApprovalsheet.html 8. Motion to approve a grant award for the continuation of the Victims of Crime Item Act (VOCA) Grant with funding from the Criminal Justice Coordinating Action: Council of Georgia to provide services to crime victims for the period from Approved October 1,2016 through September 30, 2017. (Approved by Public Safety Committee November 28, 2016) lB Attachment - VOCA Grant Award.pdf E VOCA Grant Proposal.pdf B ItemAonrovalsheet.html Motions f#:"' Motion rext Made By seconded By Ht,lil Motion to ^ approve. Commissioner CommissionerApprove illtio, passes 10- Sammie Sias Ben Hasan Passes 0. FINANCE 9. Motion to approve General Obligation Bonds (SPLOST) Series 2016 bond Item resolution and authoize the Mayor and Clerk to sign all necessary documents. Action: (Approved by Finance Committee November 28,2016\ Approved B Bond Resolution Series 2016_Aususta SPLOST 7_2016lllS.final.pdf IB Preliminarv Oflicial Statement l6-Aususta SPLOST ll-15-l6.odf B ItemAoorovalsheet.html Motions X:j]"Il Motion Text Made By seconded By MotionlYPe ''---- -r Result Motion to Approve ffi3,',il'*^ses 10, ff##,:'Ji*er ;:f#;il';"' passes 0. 10. Motion to approve transfer of funds to cover Workers' Compensation Item expenses through the end of 2076. (Approved by Finance Committee Action: November 28,2016) epproved E ItemAnorovalsheet.html Motions X:jtl" Motion Text Made By seconded By ffiiiirype Motion to ^ approve. Commissioner CommissionerApprove ftotion passes l0- Sammie Sias Ben Hasan Passes 0. PETITIONS AND COMMUNICATIONS 11. Motion to approve the minutes of the regular meeting of the Commission Item held November 15,2016 and Special Called Meeting November 28,2016. Action: Approved B Reeular Commission l\leetins November-|5-20l6.odf E Called Commission llleetinq November 28 20l6.odf E ItemAonrovalsheet.html Motions Motion Motion Text Made By Seconded By ffitjilrype Motion to Aoorove approve. Commissioner Commissioner - -rr- - - Motion Passes l0- Sammie Sias Ben Hasan Passes 0. APPOTNTMENT(S) 12. Motion to approve the appointment of Mr. Frank W. Scharite to the General Item Aviation Commission-Daniel Field representing District 3. Action: Approved lB Frank Scharite,ndf lB Comm. Davis Aoot. Gen. Aviation (lommission .ndf E ltemApnrovalSheet.html Motions X:t1" Motion Text Made By seconded By Motion I ype - ---- -'t Result Motion to Approve ffi3ffi"r*ses 10- ff#'#','j'Ji*.' ;:f#::f'* passes 0. ,S**'IEND CONSENT AGENDA** ** AUGUSTA COMMISSION t2/6t2016 AUGUSTA COMMISSION REGULAR AGENDA t2t6t20t6 (Items l3-39) ADMINISTRATIVE SERVICES 13. Request the Commission approve the Public Defender Office Building be Item named the William H. Mays, III Public Defender's Office. Action: Approved B PDO Mavs_Sisnape.pdf B PDO Sisn Centered.ipe B PIjBLIC HEARING minutes. Nov. 20l6.docx E ItemApprovalsheet.html Motions X:jt1" Motion Text Made By seconded I- Motion r ype )rlon I ext [raoe lly seconoeo tly Result Motion to approve the naming of the building with an ordinance amendment to the policy to Commissioner Approve include the allowance to Marion ::TT:Y:: passes name buildings after living Williams rean rrantom people and to waive the second reading. Motion Passes 10-0. 14. Request the Commission approve the name change of the Diamond Lakes Item Regional Park Community Center to the Robert Howard Community Center at Action: Diamond Lakes Regional Park. Approved E Pl:BLIC HEARING minutes. Nov. 20l6.docx B ltemAnnrovalsheet.html Motions []j:"ll Motion Text Made By seconded p-- Motion f ype - - rrr(,[ r €'nf, lvraue lly Decon0e0 l5y Result Motion to approve the naming of the building with an ordinance amendment to the policy to Commissioner Approve "x*:tT:'xHTfl*ili,* #?,1',:L, ;:#Tff,:[ Passes people and to waive the second reading. Motion Passes l0-0. 15. Discuss the Commission's consensus appointments on the various boards, Itemcommissions and authorities. (Requested by Commissioner Marion Action:Williams) approved E Consensus Appointments.pdf E ItemAonrovalsheet.html Motions H:t:" Motion Text Made By seconded By MotionIYPe -'---"- -r Result Motion to approve ^ receiving this item as commissioner commissionerApprove information. William Fennoy William Lockett Passes Motion Passes 10-0. 16. Update on the status of approved compensation paid to the Planning & Item Development Board. (Requested by Commissioner Marion Witliams) Action: Approved IB ItemAoorovalsheet.html Motions X:11"" Motion Text Made By seconded By Motion I YPe vvlvusvu uJ Result Motion to approve receiving this item as Commissioner Approve ;11ffi::'#; YJ;l'&1"' X1,;3il ;."##':'Jl*" Passes out. Voting No: Commissioner Marion Williams. Motion Passes 7-l -1. 17. Discuss city officials access to the Jamestown Community Center. (Requested ltem by Commissioner Marion Williams) Action: None B ItemAonrovalsheet.html Motions Motion rr 1! m Made Seconded MotionMotion TextType By By Result Discussion was held; no action was taken on this item. 18. Discuss the zoning ordinance to allow for distillery & brew pubs to locate in Item downtown Augusta. (Requested by Commissioner Frantom) Action: Approved lB Sean Frantom llem.odf E ItemAnprovalsheet.html Motions []j:"Il Motion Text Made By Seconded By Motion t YPe ''---- -r Result Motion to adopt the schedule presented by the Director of Planning & Development. Mr. Sias A Commissioner Approve i,rj,,fl?i" !J#T;f,::' M;;il - Passesm williams Commissioner Ben Hasan. Motion Passes 8-1 -1. Motions [|j:" Motion Text Made By Seconded By MotionIYPe '.---- -r Result Substitute motion to approve slowing the process down for a six- month period and to have Commissioner Commissioner conversation with the Ben Hasan current business owner to Approve see how we can assist her before any further action is taken. Mr. Lockett withdraws his second on the substitute motion. PUBLIC SAFETY 19. Move to authortze the Emergency Management Director, Chief Chris James, Item to meet with Gold Cross to formulate a contract proposal reference emergency Action:ambulance service for Augusta-Richmond County. (Requested by ApprovedCommissioner Sammie Sias) E Comm. Sias Proposal Ambulance Contrect 12.06.16.pgJ IB ItemAnorovalsheet.html Motions Y:li" Motion rextr ype Motion to approve deleting this item fromDelete the agenda. Mr. Lockett out. Motion Passes 9-0. tB 2017 VOCA Grant Award Solicitor s Office.pdf E ItemAnnrovalsheet.html William Lockett Made By Seconded By Made By Seconded By Commissioner William Fennoy Commissioner Commissioner Sammie Sias c;.dy -S;ir-i-^ Passes Other Motion Result Motion Result Passes 20. Motion to accept2016-2017 VOCA Continuation grant award in the amount of Item $61,710 from the Criminal Justice Coordinating Council (CJCC) to the Action:Solicitor's Office for the Victims'/Witness Assistanci Program. Approved Motions f#:'" Motion rext Motion to approve. Approve Mr. Lockett out. commissioner Motion passes 9-0. Sammie Sias ENGINEERING SERVTCES 21. Approve and authorize the Engineering Department (AED) to accept and Item E srant anproval letter ll.l4.20l6.ndf tB scooe olwork_t l.l0.2016.odf IE ),iew qrant app form.pdf lB ItemAonrovalSheet html Motions *j:"" Motion Text Made By seconded By Motion IYP€ ''"'- -r v!!v'sls sJ ReSUlt Motion to approve. Approve Mr. Lockett out. Commissioner Commissioner Motion passes g_0. Sammie Sias Dennis williams Passes 22. Approve the execution of the resolution and contract authorizing financial Item reimbursement from Georgia's Environmental Protection Division (Epn). Action: Approved lB 2016-ll-l Resolution to Execute Contract.doc.docx B GA EPD Asreement Governins Expenditures for State Local Government Costs.pdf E 2015.05.19 ApproYal Letter - Resolution for financiel reimbursement from GA_EpD.pdf B 2016.10.04-GA EPD --Hazardous-wrste Trust-Fund Application-for Reimbursement - HsI l0g40.pdf E 2015'05'19 Resolution - Authorization to Make Aonlication for Financial Assistance - ['.xpcrrred .nnwn.tf receive federal financial assistance through Section 319(h) Nonpoint Source Action:Implication Grant Program. Also, grant authoization peimitting Augusta's Approved Mayor to sign all documentation as requested by the AED. E ltemApprovalsheet.html Motions X:11" Motion Text Made By seconded By Motion I YPe '.---- -r Result Motion to approve. Approve Mr. Lockett out. Commissioner Commissioner Motion passes 9_0. Ben Hasan Grady Smith Passes 23. Consider approving the Augusta National, Inc. Agreement for Relocation of ltem Easement. B Aupusta National Relocarion of Easement.ndf B ItemApprovalsheet.html Motions Action: Approved [,oi:" Motion Text Made By seconded By f""riiirype Motion to approve. Approve ffi,1-;$*:Jb] $"##ffi1f"!,. ff##,:'Ji*.' passes 24. Consider approving the Benton House Easement Exchange and Maintenance ItemAgreement. Action: Approved IB Benton House Aususta SLP Exchanse of Easements.ndf IE Benton House Augusta SLP Maintenance Asr.odf lB ltemAnnrovalsheet.html Motions Motion Motion rext Made By seconded By f*iilI ype Motion to approve. Approve Mr. Lockett out. Commissioner Commissioner Motion passes 9-0. Wayne Guilfoyle Sammie Sias Passes 25. Discuss the inoperable status of the Broad Street fountains and lights. Item (Requested by commissioner Marion williams) action: Approved {E ltemAonrovalsheet.html Motions *j1'" Motion Text Made By seconded By MotionrYPe Result Motion to approve receiving this item as Commissiont-- Commissioner Approve information. Mr. \-ommrssloner Dennis passes Lockett out. Ben Hasan williams Motion Passes 9-0. 26. Conect typographical error made in the original request for change order #l for Item construction of the Goodrich Street Water Pumping Station (RWPS). Action: Approved B Chanqe 0rder Letter.odf E Ztl- anoroval-Rubv C'ollins Chenoe Order Nn I nrtf [B ARC approYal letter.pdf E ItemApprovalsheet.html Motions X:':'" Motion Text Made By seconded By Motion I YPe svluuuuu uJ Result Motion to approve. Approve Mr. Lockett out. Commissioner Commissioner Motion passes 9_0. william Fennoy Sammie Sias Passes 27. Approve the deed of dedications, maintenance agreements, and road Itemresolutions submitted by the Engineering Department ani the Augusta Utilities Action: Department for Haynes Station Phase VI. Approved [E Havnes Statiion Phase VI Location_Mao.odf IB Haynes Station Phase VI Inspection Memo.pdf lE Havnes Station Phase Vl Dedication Documents.odf IE ItemAoorovalsheet.html Motions *j:" Motion Text Made By Seconded By MotionrYPe '''--- -r Result Motion to Aoorove approve. Commissioner Commissionera rvvrv v v tvtotion passes l0- Sammie Sias william Lockett Passes 0. 28. Consider Award of Bid #16-241 for the construction of the electrical Item improvements at Highland Avenue Water Treatment Plant CIP Project to Action: Hebbard Electric, Inc. Approved lB DBE-anoroval ktter.otlf IB Director s Memo-Bid awerd-revised2 dooy ndf lB ZfLR...o..ndrtion l.tt.r-Highl"nd, El""t.i.rr-r,\,i.d..i". Bid R.. rt..pdf B l6-241_ITB -_Newspaper.pdf B TAB SHEET 0FFICIAL.Ddf B to-zll Mpg.nof IB Mail List and Demandstar Planholders.pdf B ItemAonrovalsheet.html Motions Motion Motion Text Made By Seconded By Motion TYPe Result Motion to Approve ffi:,lil'r*ses 10- ff##,:'Ji* ;:flH::';'* passes 0. 29. Approve the deed of dedication, maintenance agreement, and road resolution(s) Itemsubmitted by the Engineering Department for McCoys Creek Subdivision, Action:Section 4. Approved lB McCovs Creek Section 4 Location Mao.odf IB McCovs Creek Section 4 Insoection trlemo.ndf @ McCovs Creek Section 4 Dedication Roads and Storm Drse.pdf B ItemAnnrovalsheet.html Motions X:j:"t Motion Text Made By seconded By Motion I YPe -''-'- -r Result Motion to Approve ffi5i"#;^ses r0- S;##,'j'Jl*' $",il,T#il:i:,. passes 0. 30. Approve the deed of dedication, maintenance agreement, and road resolutions ltem submitted by the Engineering Department for McCoys Creek Subdivision, Action: Section II.Approved lB McCovs Creek Sect II Location Map.odf lB McCoys Creek Section II lnspection Memo.pdf lB McCoys Creek Section Il Dedication Roads and Storm Drge.pdf lB ItemApprovalsheet.html Motions Motion -r^+:^*'T,^-.a rr-r-n Motion;- ---- Motion Text Made By Seconded Byf YPe -'"'- -r vvlv'svu sJ ReSUlt Motion to Approve ffi5,l:I"*ses r0- S;ffi,:'Ji*" fil,ll,T#ilffi:,. passes 0. 31. Approve the deed of dedication, maintenance agreement, and road resolutions Item submitted by the Engineering Department for McCoys Creek Subdivision, Action: Section III. Approved E McCoys Creek Section lll Location lllap.pdf IB McCovs Creek_section-Ill Insoection Memo.ndf B l\{cCovs Creek Section III Dedication Roads and Storm Drse.ndf E ItemAnnrovalsheet.html Motions H:':" Motion Text Made By Seconded By MotionrYPe ''---- -r vvlv'sls ,-J Result Motion to Approve fl[|,#r*ses r0- !;##,,j'Jl#' $",i,ffil:i:- passes 0. 32. Approve the deeds of dedication, maintenance agreements, and road Itemresolutions submitted by the Engineering and AugustiUtilities Departments Action: for McCoys Creek Subdivision, Section 5. Approved B McCovs Creek Section 5 Inspection l\femo.pdf B McCovs Creek Section 5 Location Man.ndf lB Mccovs Creek Sertion 5 Dedicafion Documenfc nrtf lB ltemAnnrovalsheet.html Motions Motion rr^a:^*m^--. r,r^r-n ^ Motion;- ---- Motion Text Made By Seconded ByIYPe -'--'- -r svlv'svs sJ ReSUlt Motion to ^ approve. Commissioner CommissionerApprove Motion passes r0- Sammie Sias william Lockett Passes 0. 33. Consider Approving the McCoys Creek, Section I Deed of Dedication and ltem Maintenance Agreement for Water and Sanitary Sewer. Action: Approved B lVlcCovs Creek Section I Deed of Derticrfinn nrtf IB McCoys Creek Section I Maintenance Asr.odf IB M"C.r" Creek Secfion I Plqr nrtf [B ItemAonrovalsheet.html Motions X:t:"' Motion Text Made By seconded By Motion lype -'^--- .-J vvlv.sls vJ Result Motion to Approve ffiffi"J';*ses r0- S;##,:'Ji*.' i^i,il,ffilffi:.. passes 0. 34. Approve the deed of dedication, maintenance agreement, and road resolutions Itemsubmitted by the Engineering Department foi UcCoys Creek Subdivision, Action: Section II, Phase 2. Approved lB Mccovs Creek Section II Ph 2 f .ocetion Mqn nrtf B McCovs Creek Section II Ph 2 Insoection lVemo,odf E McCovs Creek Section lI Ph 2 Dedication Roeds enrt Sform Droe nrtf B ItemApprovalsheet.html Motions Motion f,!^*i^-rrr^-+ r,r^r^D-. cr---,r rh Motion;----" Motion Text Made By Seconded ByI YPe -'^--- -J Result Motion to a _ , -__--- approve. Commissioner CommissionerApprove Motion passes l0- Sammie Sias william Lockett Passes 0. 35. Consider Approving the McCoys Creek, Sections Il, II-2,III and 4 Deed of Item Dedication and Maintenance Agreement for Water and Sanitary Sewer. Action: Approved B Mccovs Creek Sections lI II-2 III 4 Deert of ficrtinqrinn nrtf IB McCovs Creek Sections lI II-2 Ill 4 Maintenance Aqr.odf E Mccovs Creek Sections II Il-2 Ilt 4 Ptqrs n.tf lB ltemApprovalsheet.html Motions il,'r'|" Motion Text Made By seconded By f""rtjil Motion to Approve ffiffi"J'n*ses r0- ff##,:'Jl*.' $",il,H"iffi:- passes 0. 36. Approve the continued funding of the current On-Call Construction Item Management, Construction Inspection and Field Engineering (CM_CI_FE) Action: Services contract in the amount of $750,000. Funding is available in aBO ApprovedsPlosr vII on call Emergency construction, as requested by AED. B CPB Chanse Numher Two 1l-tS 20I6 rlcy E ltemAoorovalsheet.html Motions $otion Motion Textr ype Motion to ^ dDDrove.APProve uotion passes 1o- 0. Made By Seconded By Motion Result Motion Result Passes A. "Pop" Item Action: Approved Commissioner Commissioner Ben Hasan William Fennoy Passes 37. Approve the continued funding of the current On-Call Field and Laboratory Item Testing for Soil and Construction Material, and Geotechnical Inspection and Action: Investigation (CMT-Geotech) Services contract in the amount of $1,000,000. Approved Funding is available in TIA Discretionary Funds as requested by AED. lB AED Proiects List 2016 2017 Construction ll.l5.2016.docx B CPB On Call Seryices-phase Two ll.ls.xlsx B ItemAonrovalsheet.html Motions $otion Motion Textrype Motion to ^ zDDrove.APProve uotion passes lo- 0. Seconded By Commissioner William Fennoy Made By Commissioner Ben Hasan PETITIONS AND COMMUNICATIONS 38. Motion to adopt Resolution of Condolences for former Mayor Lewis Newman. [B Resolution of Condolences for l\levor Ncwmqn ndf B ItemApprovalsheet.html APPOINTMENT(S) 39. Motion to approve the appointments of Mr. Frank Middleton to Board of Tax ItemAssessors to fill the seat currently held by Tracy Williams effective April25, Action:2017 and Juanitu L. Burney to the seat currently held by Charles f. Smith Approvedeffective immediately. (Requested by Commissioner Marion Williams andBen Hasan) E Talent Bank Annlicefion Frrnk Middternn nrtf [B Board of Tax Acspsrors ndf Motions f#:" Motion rext Motion to ^ ?DDrOVe.APProve Motion passes l o- 0. lB Juanita Burnev.odf E ItemAoorovalsheet.html Motions Motion Motion Textr ype Motion to approve. Mr. Lockett out. Voting No: A ---^-.^ Commissioner WayneAPProve Guilfoyle, Commissioner Grady Smith. Motion Passes 7-2. Motions Y:ll" Motion rextr ype Motion to call for the question. Mr. Lockett out. Voting No: Commissioner Approve Wayne Guilfoyle, Commissioner Grady Smith. Motion Passes 7-2. Commissioner Commissioner Sammie Sias William Fennoy Passes Made By Seconded By Made By Seconded By Commissioner Commissioner Ben Hasan Sammie Sias Made By Seconded By Commissioner Sammie Sias Motion Result Motion Result Passes Motion Result Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 40. Motion to approve execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act.Action: None [Ipcoming Meetings www.auqustaga.gov CALLED MEETING COMMISSION CHAMBER December 13,2016 Augusta Richmond County Commission convened at 11:00 A.M., Tuesday, December 13, 2016, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D. Williams, Hasan and Davis, members of Augusta Richmond County Commission. Mr. Mayor: All right, good morning, everybody. All right, we'll go ahead and get started. The Chair recognizes Attorney MacKenzie. 1. Motion to approve an ordinance to amend Augusta, GA Code section 1-2-3 Section 1- 2-13 (Rules of Procedure) and Section l-2-30 relating to adding items to the commission and committee agendas: To consolidate related provisions of these sectionsl to repeal all code sections and ordinances and parts of code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. waive second reading. (Requested by commissioner sammie sias) Mr. Mayor: All right, thank you, Madam Clerk. The Chair recognizes Commissioner Sias. Mr. Sias: Thank you, Mr. Mayor. This is nothing more than what we had did in the rules committee. It was apart of the rules and procedures that all came out of the Code book and when we approved it, through some kind of glitch I wasn't approved to go back into the Code book. So this is nothing more than just to correct it where it came out of the Code book every section of that is in the Code and it's not been changed through that. So we just need to put it back in the Code book. That is simply what this is and for the clarification, Mr. Mayor, I ask that the attorney also kind of explain that as well. Mr. Mayor: All right, before the attorney does that, the Chair recognizes the commissioner from the 4n and I'm going to direct this question to you. What you're indicating is that I think we all know historically this has been a part of the Code and you're suggesting that we one, adopt this and leave it in the Code. Is that correct? Mr. Sias: That's correct. Mr. Mayor: When we first established the sub-committee during the retreat last year, one of the things that came out of that discussion in terms of establishing a sub-committee on rules was this broad discussion about taking the rules which generally can and should be evergreen, taking them out of the Code actually. There was a broad conversation about there was no reason for us to codifiu this because it is simply nothing more than procedural way for us to act and conduct business and what you're suggesting is putting it back in the code. Mr. Sias: Yes, but let me clarify that a little further, Mr. Mayor. In the commission, inthat sub-committee meetings when we were in discussion, that particular discussion as you mentioned was discussed but it was not adopted. That committee adopted the fact that it would go back into the Code book. Yes, there was a good discussion on it bulthe discussion was codifi, those changes because they are all Code excerpts that were in there in the first place. Mr. Mayor: All right. I'm going to defer and I'm going to come back to you again with aquestion. Is it not true that the Code was cleaned up and these things were stripped out of the Code so that they could be placed in this singular document and as such be put in nothing more than a rules book. Is that not true? Mr. Sias: That is not true. They were not stripped out. They were used to make the rules and things (inaudible). They were not stripped out. They were simply excerpted from the Code that were changed. Mr. Mayor: Okay. Mr. Sias: And let me just further clarify the committee had no authority to strip the Code. That would have required an ordinance change to strip the Code. The Code is actually an ordinance adopted in2007. Mr. Mayor: Right. We all agree on that. There is no debate about that. But I think the posture of the sub-committee even in its initial conversations was to make this document..what it should be" and that is commission rules of procedure as opposed to local law. I'm going to defer now. I'll give you a chance to speak to that. Mr. Sias: Real quick. To ensure that, that was the discussion, Mr. Mayor, that you raised and that was a discussion that the committee did not accept. As to the committee's discussion was that it should be in the Code as the excerpts came from the Code. Mr. Mayor: All right. The Chair recognizes Commissioner M. Williams. Mr. M. Williams: Thank you, Mr. Mayor. We know that we looked at the Code and we've changed some things. We added some language to this what we're tryrng to adopt today and I've got no problem with that. But I do have a problem with waiving the second reading. We send it from the sub-committee to the committee. Committee looked at it and we talked about all the things that (inaudible) and everybody was satisfied with what we had brought forth. So I've got no problem approving those things but not waiving the second reading. You don't have unanirnor,s consent for that. Mr. Mayor: Okay, ['m going to ask you then, so we can do it one of two ways. The Chairdirects this to the commissioner from the 4ft. Do you. yield on waiving the second reading? Commissioner from the 4ft. Commissioner from tlr" 4tn, do you yeld on waiving the secoid reading? Again, we'll let it have a second reading. Mr. Sias: If we already know we're not going to get unanimous consent on that, I don,t have a problem with that. Mr. Mayor: Very good, okay. Mr. Sias: Since it was requested, if I may, I move to approve with deleting waiving the second reading. Mr. Mayor: All right, Madam Clerk. The Clerk: Yes, sir. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: Sure. A lot of what was said I think is a little confusing because we had some Code sections that were amended and consolidated with the rules. I do think the discussion related to making the rules book a separate document is something that would need to be addressed in the future because we would have to amend the Code to be able to merge those anyway. The document in front of you does not deal with the issue of separating this from the Code. It still makes it part of the Code but it does make it easier if you wanted to do that down the road. At least they're all going to be in one place in the Code so it's exactly the same as what was approved by the Commission as far as the substance of the rules. It just adds the Code amendment language to it. Mr. Mayor: That is correct. All right. Okay. Our posture is the following. It is to approve the ordinance amendment, rules of procedure, and not waiving the second reading. Mr. Lockett: Second. Mr. Mayor: Okay, all right. All those in favor will vote yea and those opposed, vote no. Ms. Davis, Mr. Frantom and Mr. Smith out. Mr. Guilfoyle votes No. Motion carries 6-1. Mr. Mayor: I want to take a moment for all of us, I think everyone is aware at this time that I believe our Mayor Pro Tem's father passed away on this weekend and that is why Grady isout. I don't have any information about the arrangements at this time. Tomorrow? Okay. Can we get that information gathered, Ms. Bonner, and send that out to everybody? So let's take a moment, pause in silence, for Mayor Pro Tem Smith and his family for their loss. (Moment of silence) Mr. Mayor: May God bless the Smith family. All right, Attorney MacKenzie. 2. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discusspending and potential litigation and personnel. Mr. Lockett: So move. Mr. D. Williams: Second. .. Mr. Mayor: We've got a motion and a second. Second from the commissioner from the 5th. All right, voting. Ms. Davis, Mr. Frantom and Mr. Smith out. Motion carries 7-0. [LEGAL MEETING] Mr. Mayor: Okay, we'll call this meeting back to order. The Chair recognizes Attorney MacKenzie. 3. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Smith: So move. Mr. Sias: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to authorize the purchase of 1803 MarvinGriffin Road in the amount of $299,000 from SPLOST YII records retention funds and toauthorize the Mayor to execute appropriate closing documents for this property under theguidance of the law firm. Mr. Lockett: So move. Mr. Hasan: Second. Mr. Mayor: I've got a motion and a proper second. All those in favor will vote yea and those opposed will vote no. Voting. Motion carries 10-0. Mr. Mayor: The chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to authorize the purchase of l4g2r l4g2and 1494 Railroad Avenue in the amount of $5501000 from the Laney Walker/BethlehemRedevelopment Bond Fund and to authorize the Mayor to execute appropriate closingdocuments for this property. Mr. Lockett: So move. Mr. Smith: Second. Mr. Mayor: Voting. Mr. M. Williams votes No. Motion carries 9-1. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the settlement of all claims in the condemnation for the address of 2744 Washington Road, -ivil Action 2015RCCV255 in the aggregate amount$227,300 which wiII result in the additional deposit of $201000 more into the registry of the court. Mr. Lockett: So move. Mr. Sias: Second. Mr. Mayor: Motion and a second. Voting. Motion carries 10-0. Mr. Mayor: I would recognize Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve a Resolution authorizing the sefflement of the condemnation for 3378 Milledgeville Road for a right of way ur *"ll u.permanent and temporary easements for the Civil Action File No. 2015RCCV565 in the aggregate amount of $61600 which will result in the deposit of $21000 additional more dollars into the registry of the court. Mr. Lockeff: So move. Mr. Hasan: Second. Mr. Mayor: A motion and proper second. All those in favor vote yea and those opposed, vote no. Voting. Motion carries 10-0. Mr. Mayor: Attorney MacKenzie, any further business before us? Mr. MacKenzie: That's all I have, thank you. Mr. Mayor: All right, thank you. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certifu that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held onDecernber 13,2016. Clerk of Commission Commission Meeting Agenda 12/20/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:New Ownership Application: A.N. 16-43: A request by Miguel Chavez for an on premise consumption Liquor, Beer & Wine License to be used in connection with Habanero's Mexican Grill located at 235 Boy Scout Road. There will be Sunday Sales. District 7. Super District 10. (No recommendation from Public Services Committee December 13, 2016) Background:This is a New Ownership Application. Formerly in the name of Felipe Mata. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,715.00 Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Jamestown Community Center Department: Department: Caption:Presentation of the Jamestown Community Center's operations, Augusta's support, and its SPLOST projects. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Commissioner Sammie Sias Tuesday, December L3,2016 6:02 PM Lena Bonner Nancy Morawski Commission Agenda Item for 20 December 20L6 Hello Ms Bonner, Please add the following item to the Commission agenda for 20 December 20L6. "Presentation of the Jamestown Community Center operations, Augusta's support, and it's SPLOST projects". This will be a powerpoint presentation. Please place this item immediately after the delegation portion of the agenda. Thanking you in advance. Sammie L. Sias Commissioner, Augusta Richmond County "Failure is not an Option" Please consider the environment before printing this email. This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do nol necessarily represent those of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the conlent of this message which arise as a result of the e-mail transmission. lf verification is required, please request a hard copy version. AED:'104.1 Commission Meeting Agenda 12/20/2016 2:00 PM Ban-the-Box Policy Department: Department: Caption:Motion to approve adopting a Ban-the-Box Policy for Augusta, GA in accordance with the State of Georgia, Cities of Atlanta, Columbus, Macon-Bibb policies and the National Employment Law Project. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Georgia Becomes First Southern State to "Ban the Box" for Criminal Records on Government Job Applications PolicyLink Page I of6 Contact Donate Press OgO@ Policylinlr Focus Areas Equity Tools Find Resources News and Events Blog Get lnvolved Search Search Equity Blog ) Blog Georgia Becomes First southern state to ,.Ban the Box" forcriminal Records on Government Job Apptications 04 Mar 2015 | lq o e e hup ://www.policylink. or gblog/ georgia-ban-the-box t0/17t2016 PolicyLink rage z or o Above:9to5's 'Georgia Fair Hiring (Ban the Box) Coalition, including members, allies, and supporters from 9to5, Georgia Justice Project, Women on the Rise, and ABLE, on the Georgia Capitol steps. Advocates in Georgia won a major victory last week in the fight to connect the state's 3.8 million residents with criminal backgrounds to quality job opportunities. Republican Governor Nathan Deal signed an executive order on February 23 adopting a "Ban the Box" policy that will remove criminal history questions from state job applications and prohibit the use of a criminal record as an automatic bar to employment. This allows applicants to be considered primarily for their qualifications, with the opportunity to explain the circumstances of their arrest to potential employers in person. Georgia is the first Southern state to adopt a Ban the Box policy, joining 13 other states and a hundred localities in passing similar ordinances. Given that Georgia has the fourth highest unemployment rate in the country, this policy could have enormous impact for the millions of residents in the state who face a lifelong struggle to find jobs because of their criminal record. I chatted with Shannan Reaze, an organizer at the Georgia chapter of 9to5, about her organization's work on the Ban the Box Campaign throughout the state. What were the key elements to your success? Getting odvocate voices into stote and municipal meetings: "When we were advocating for the policy in Atlanta, folks created the Reform Citizen Council, which was made up of formerly incarcerated people. [The Council] was talking to different commissioners about what's needed to get the policy passed. After we won [the localordinance] in Atlanta, we started pounding the pavement in other municipalities and we provided input to the governor's CriminalJustice Reform Council, which was tasked with helping the governor do a series of criminaljustice reforms. Our presentation focused on Ban the Box as a necessary reform." Personalizing the policy through individual stories: "We had people in the community willing to tell their stories to people in power, and our campaign provided the institutional strength behind their efforts. Marilyn Winn was the 9to5 member leader whose story carried a lot of our advocacy. She is formerly incarcerated and was fired from 18 different jobs just because they would find out about her criminal record, without giving her the opportunity to explain why she was arrested." http : //www.policylink. org/blo g/georgia-ban-the-box tolt7/2016 Policylink Page 3 of6 What were the biggest obstacles to passing this policy? Pushbackfrom the business sector: "Everyone is terrified of any policy that will regulate business, and the governor was getting pushback from his fellow Republicans, so we always have to highlight that this policy doesn't affect hiring practice for private company jobs - just the government ones. While we know [a policy for affecting] public and private jobs is possible - 3 states have done it - we know the state demonstrating efficacy is importa nt." Stigmo oround incarcerotior?."'We're also always dealing with huge stigma about what it means to be formerly incarcerated, but when you have one in three people with a background in the state, most of the time we're talking about somebody who was L7 and got caught up with a felony theft charge and is now 43 and that charge is still stopping them from getting a job." How will this policy build equity? Connecting those left behind to goodiobs."'The problem with the box is that we're creating barriers to people accessing employment when they need it most. We know that half of people without a job in the first year after being released from prison willend up back in prison, compared with only 15 percent of those who can find a job. So this policy is about funneling people into jobs that are likely to have benefits and decent wages' and many Sovernment jobs do. lt's also a public safety issue: people commit crimes when they are in an economic struggle and can't sustain themselves, so by connecting people to jobs it's better for them and safer for the community. Plus, we know that these policies have teeth: When we look back at the implementation of this at the city level in Atlanta, we've seen a 12 percent increase of hiring of those with a criminal background, so this policy is making a real difference in people's lives." Tags: economy, equity o c e Popular Posts 05 Oct 2016 Equity is... 28 Sep 2016 Urban lnnovator of the Week: Angela Glover Blackwell 22Sep2OL6 Beyond Affordable Housing: Creating Opportunities in Every Community http ://www.policylink .or g/blo g/ georgia-ban-the-box t0/17t2016 Policylink Page 4 ot 6 24Aug20L6 Preparing Future Leaders to Lead with Equity 18 Aug2016 Community Artists Envision a Thriving Baltimore without Displacement 05 Aug 2016 To Fund Transit Equity, Local Advocates Turn to Ballot lnitiatives 06 May2016 From Grand Rapids to New Orleans: Breaking the Prison Cycle By Hiring Former lnmates 21 Apr 2016 "This ls a Nationwide Epidemic": A Frank but Hopeful Conversation with Evicted Author Matthew Desmond http : //www.poli cyl ink. org/blo g/georgia-ban-the-box r0t17120t6 CITY OF ATLANTA, GA ORDINANCE ,,Ban the Box,, Approved October 6, 2014 Atlanta City Council Approves "Ban the Box" Ordinance I Georgia Justice Project Page 1 of 1 GEORGIA iJusrmi PROJECT i il*E Ir Atlanta City Council Approves "Ban the Box" Ordinance posted on October gth, 2014 On Monday, October 6th the Atlanta City Council voted to approve a "ban the box" ordinance that gives applicants with criminal records a fair chance at a job with the city by allowing them to wait to answer questions about their criminal history until after they have been interviewed. Though the City of Atlanta removed the question from the employment application in January of last year, it was extremely important to formalize the City's commitment to this fair hiring policy through legislation. Thank you to Councilmember Kwame Hall for sponsoring the ordinance and congrats to 9to5 Atlanta, Women on the Rise and all the people and organizations that worked so hard to make this happen! Read the full article: http: / /atlantadailyworld.com / 20 I 4 / I 0 /06 /atlantar citv-cou nci l-approves- ban-the-box-leo islation Login Username Password http://www.gjp.org/articles/atlanta-city-council-approves-ban-the-box-ordinance/t0tr7t2016 ,*lrHri!;';'.*o Page I of8 14-O-139e AN ONPnIANCE BY COI.'NCILMEMBf,IT XWANZA HALI., ANDRT' DICKf,IiS. ITATALIIY ABCITTBONG, JOYCE SITEPERD, MARY NORWOOD, KEISHA I,ANCE BOTTOMS,IVOBY Lf,EY{xrf,G JR., rELIctA A. M(x)nE AND c.T. MARTTN As suBsrITurED By tsINANCf,/gXf,CUITYf, COMMITTEf, AND AMENDED BY FULL COUNCIL TO SUPPOBT THE BAlf TrIf BOX PROCRAM By ACTIVATING SECI'|ONS ll+53 TI|ROUGII Sf,CTtON il+S6 f{)B1'IIT PI'NIlr'Sf, OT CODIrI'IHG I,ANGUAGE REGARDTNG THf, EMPLOYMINI- OF f,X.()FFENDERS WITII THI.I CITY Of ATI-ANTA; AITID FOR OTIIBR PURROSES. WI{IrRLAS, individuals with criminal records suffer from pervasive discrimination in many areas of life. including u'hen attempting !o find cmploymem; and WHF,RIjAS. cnrployers have incrcascd thc use of bacltground checks considerably. with the majority of largc cmplol'ers in tlx U.S- now screening thcir polential worhsri far prior convictions: and WIIEREAS. thc (iit1'of Atlnnla ('fily") and Iulton Counly havc ?,400 poplr rcturning home cvcry ycar liorn (ic.orgia's jails and prisons srrking rrnploymcnl; and wHliRIiAS. rcstarch shows thnt lack of ernploymenl is n signifrcant faclor in n"cidivism rales, wirh pople rvho arc rmploycd proving significantly less lihcly to bc rc-arrtslcd; CInd \f'llnREAS. climinuting ubstaclcs to cmploymr:nt providcu rconomic and social opFrrtunitics ro a largr grnup of thc cilv's rcsidcnts; and WllERl:AS. barricrs tn cmploytncnl Jirr fonncrly incurccratcd pcoplc arc significant factors crcalion of a pcnnanenl underclass thal (lusalens the hcallh of rhc comrnunily, and weakcrrs safctl': und WHEIIEAS, thc [Jan the tsox l]rogram ("Ban the l]ox"] is a national nrcvcmrnt incrcasing cnrplol'mcnt opprflunities for indivjduals with pior crinrina.l convictions qucstion rcgarding prior crinrinal history from employmenr appiicarions; and TI}|iU1RF-AS, trn Frtrruary* 21,2013 thc Commissioner of thc l)cpanmcnl ollluman Resourccs irsued a )Frrglurandum which contirmcd a changc to the City's appiiculion proccss to ensure potenrial applicanls (1wlpbackground challcnges arc fully considcrcd as thcy pursuc employmenr op;xrnunities: andma Equal Ernploymcnl Opportunity Comrnission prohibits thr usc exclude an tpplicanl fion'r cmploymcnt u'ithout considcring in thc public with thc goal of by removing thc luff.nrAS. unrlcr t'cdr:ral lau, rheOcGnal rscords ils a msilsurc lo ol' lhe-IJftD*ine forrr (4) lircrors:Ao I { | ) \f$rhcr tlrc applicanr commincd rhc offcnsr (if nnly an arrLril): (o(o https://www.municode.com/library lgalatlarrta/ordinances/code of ordinances?nodeld:67... l0l1712016 Page 3 of8 (2) The nnturc and gravity of the offense; (3) Ttredme sincc thc offcnre;and (4) T'nc- naturc of thc jotr for which rhe applicanr has applicd lVlll;REAS, it is thc intenl and puryose of this ordinance to todify this languap into lhe Ciry's Code of Ordinances. NO\\' TIIERETORII, TIIE COIJNCII, OT THF: CIT}' OT ATLAN'rA, GEOROIA IIEBT1BY(}RI)NINS AS FOI,LOWS: $gIlOlS I: City cmploymsnt applicathns sholl not oontain a "Box" or ilquiry regarding anapplicant's prior criminll history, -$ltll9j!& t*s+Pl os o0rcrwisc pmvidcd by rLlc radlor ftdoml lar6 lhc Ciry shdl nol inquire abour an applicant's convidion higory ufrl rfu ir hrs boen dc'lGnnincd rhnt thi npplicant is othsrwisequaliH for the position for which ht/she applied. lF.g[lQ]!.] That Chaptcr I l4 ("Personnel"), Articte tll ("Equal Employmcnt Opporruniry"). Sccrions I l4-53 thmugh I l4-56 ol'the City of Atlanta Codc of Ordinances is hereby acrivat;d as fbtlo*'s: Sec. I I4-53. l)cfinitions, As uscd in this Chaprcr the ftrllowing tcrms ha'c rhc follorying mcanings: ( l) "Applicanl" means any person considercd or who requesu lo bc considercd for cmployment by theCity of Atlanta. (?) "city' agcncl'" msons any olfrce, departmcnl. agcncy, board or comrnission of thc Cily ol'Atlanta. (3) "llmploycc" rtlcrtts ull pcrsons engagcd in thc o,xrutiun or conduct of any businc.qs, whelhcr as owtlelr an,v ntcmbcr of ouryrer',s farnity, partncr. asso*iate. agenl. managcr, or rcprtscntative, and uny andall other pcnons cngaged or crnploycd in said busincss. q(5"Employntstll" msans any occupation, vocation, job, wo* for pay or cmploymcnt" including tQpotou or scasonal wo*, contraclcd rtn*, contingcnl *ork nnd work lhrough thc serviccs of aItpporary or othcr employmcnt agency."Emplolmcn" shall nor, for the pu.poies oI this Chaprer,i$lude membership in any law enforcement ag€ncy. $'Con"iclion" means any senlencc arising from a vcrdict or plea of guilty or noto conlenderc. iSur.lins a s.enlerlce of incarccratiun. a suspcndcd scnlcncc, a scnlEncc of protlation or a scntencc ofulcondrltonal dtschargc. lp"tnquiry" mcons any dircst or indirect corducl intcndcd lo garhcr informalion, using any mo,rtc ol'r$rnrunicution, (o(o T om N o-n A https://www.municode.com/library lgatatlanta/ordinances/code_olordinances?nodeld:67... lOl17 /2016 Page 5 of8 (7) "lnlervielry" mc$ns any direcl contrct by Oe cmploycr wilh the applicant, whcther in prson or by tclcphctc, lo dissuss the employnent treing sought or thc applicant's quali{ications. i -. t'' Sec. I l4-54. llan-the-Box. In connection with printed andlor on-line cmplolment applicalion forms of thc City. ir shall be an unlar.r'ful discriminstory practice for thcm to conlain a 'llox' or inquiry regarding an appticant's prior criminal history. Scc. I l4-55" Unlawful Discriminatory l)ractice - [x-Offendcrs. Trt prohibit unfuir disicrimination against pcrsons prcviously conviclpd of one or nrcrc crirninsl ofl'rnsr:s: {a) ln connection with lhe liccosing or cmploymcol of any pcrson, ir shall be an unlawful discriminatory praclicc fior lhc Cily lo rnake any inquiry rcgarding or to rcquirc any pl.rson ro disclose or revcal any criminal conviction(s) during thc application procss$, 'lhe application process shall br:gin when thc applicanl inguircs aboul the cmployment being sought and shallend nhen an employer has acccptcd an cmployment application. (b) Il shall further be an unlau{ul discriminatory practice for the Cily to malie any inquiry regartling, or to require any person to disclose or reveal any criminal conyictions against such person befors and during the sr,'cond inlervierv. (c) Prior to an applicant being selected for hirc rvith the City, a background check and drug test is rcquired [ur consideralion of employnEnl. Scc. I l4-56. Advcrrc linrploymcnt l)ccision - Ex-Olli;ndcrs. Oncc.thc applicant has bcen deem(d qualified for thc lnsition for u'hich hr/shc applied, thc City maythrn inquirc inlo thc upplicant's criminul history'. If rhc Ciry makcs an advcu,c cmploymcnl dccirion. including, bul nol linrilcd lo| lhc refusal, rcscission, or rcvocalion of a conditional olTcr of cmptoyment. or lermination of employnrcnl, aflir thc criminal history inguiry is conducted, the City shatl within a reasonablc priod nf time , not to rxcecd thirty days: +) Lgify tlre upplicanl of the nrlversc employmenr decision; and [] QviO.l thc applicant with a photocopy of fie rcsults of rhe crinrioal inquiry, indicarlng rhe parricularf,) Svicrion(s) that rclate(s) to tlrc position's rcsponsibilirics.mA(,.N, ,-\ }ry. l14-57. Disseminarion ofCriminal l{isrory. H & information obtaincd by the Ciry that pcrrains ro an applicanr's criminal history: Sl $rf remain confidenrial; (b) :l!ll onry bc shared \r'ith individuals thal havc a nccd to \now rhe contcnls for the purpos€ of cvaluaring deldidates or emnloyees in a rnanncr consistcnl r+.ith this sc.ction, cxc€pl as dictated bylaw;(o(o https://www.municode.com/library lga/atlanta/ordinances/code of ordinances?nodeld:67 ... lO/1712016 Page 7 of8 {c) shall nol bc uscd, distribulcd, or diss,eminated by lhe City for arly rr.sr olhcr than thosc pcrmittcd undcr this policy; and (d) slull not trc used. distritrutfd, or disseminated by rhe City ro any othcr cnrity or individual, rxcepr 8sdictutxl by state or fcderal law- Sec. I l4-58 Exemplions. the tlity hiring for positions *.here ccrtain conviclions or violations are a bar to empto),menr in rhalposition under stalc or l'ederal law, including but not limited to posirions lhat inyolve u,orl withchildrcn and positions in law enforccment, shall nol trr conslraincd from asking quanrions aboul lhose convictions or yiolutions. Sccs, I 11.59-l 14.75. llcservcd. SEC l'lON4: All ordinances in conflict hcre*'ith are hrreby waivrd for purposcs ol'this Ordinancc only, and only lo thc cxtent of said conflict. AOOPTED rs urrrrl(Nfi rr AUrnrr C,ry CouncltAPPROVED re pcr cny crrene, soc'uiilJol ocT 05, 2l ocT t5,2i/U+t*-- FHOEma5j\o=11 As? (,(o(o https:i/www.municode.com/library lgalatlantatordinances/code of ordinances?nodeld:67 ... l0l1712016 City of Columbus, GA POLICY AJYD PROCEDT]RE POLICY NUMBER: 220-101 POLICY TITLE:Anti-Recidivism Administrative Policy CONSOL'OAfED GOVERNMEIIT Wfrl protN! ,lr Dnrlrwd EFFECTNTE D APPROVED B Confirmed dated the CITY MANA by Council of The Columb 26th day of May RE o ted Government, Ordinance No. 15-21 ,20t5, STATEMENT OF POLICY: It is the policy of the Columbus Consolidated Government that otherwise qualified individuals with a criminal history record, including parole or other forms of court ordered supervision for felony crimes will not be excluded from consideration for hiring where doing so does not unduly put the government, its employees or the citizens at risk. Pursuant to Sec, 168-1-3.2 of the Columbus Code of Ordinances, the CCG provides for an executive committee that may approve the hiring of applicants with felony convictions (the "Executive Committee"); this administrative policy is consistent with that objective and the guidelines set forth by the Crime Prevention Commission. SCOPE: This policy applies to general government positions. Public Safety departments are exempt from this policy. RESPONSIBILITY: It is the responsibility of the hiring rnanager and department director to administer this policy fairly and with an open mind toward hiring formerly convicted individuals when there is sufficient indication that they have been rehabilitated and possess a strong desire to be productive citizens. PROCEDURE: The standard employment application for non-public safety Departments will no longer inquire into the existence of an applicant's prior criminal record. When an applicant emerges from the selection and interview process as the most qualified candidate, the department will proceed as follows: l lPage 1. The hiring manager may ask the candidate whether there is any past criminal record, and the candidate should respond truthfully explaining the circumstances of any such record. 2.Whether or not a candidate has disclosed a criminal record history, the department will obtain a signed release from the candidateandrequest a criminal background report from Human Resources. The background report will be for Georgia and other jurisdictions where the candidate lived or is known to have a criminal record. 3.The Human Resources Director will review the criminal background report for felony violations and if any exist will proceed to determine if employment of the individual is consistent with the intent of this policy and if so repofi that information back to the hiring department director, If the Human Resources Director detetmines that the bandidate is not qualified for employment, the process will stop and the deparlment will be asked to bring forth a new candidate. 4. A candidate deemed employable based on the initial criminal background check will be returned to the hiring department for employment and personal reference investigation, including recommendations of prison, parole or probation officers where possible. If references are satisfactory or better, the hiring department will forward their file to Human Resources with a recommendation to proceed with the hiring process' 5. The Human Resources Director will then submit the employment file of the recommended applicant to the Executive Committee for review and approval. Based on standards outlined in Sec. 16B-1-3.2, should a majority of the members of the Executive Committee approve employment as requested, then Human Resources will complete normal pre-employment processes. 6. As a condition of employment, applicants offered and accepting employment through this anti-recidivism policy shallsign an employment agleement acknowledging (1) the benefits of participating in the anti-recidivism program and (2) that the probation period for the program is 12 months from the date of employment. During said probation period, the employee will not enter the Merit System and will remain an at-will employee. Policy #220-101 2lPage Memorandum To: From: Date: Subject: Department Directors, Elected Officials & Agency Directors Reather Hollowell, Director April 13,2015 BAN THE BOX c0rtrs0U0ATtD G0vtiilMt tfhat proars: hu ptsttrtd, Human Resources Department The Columbus Consolidated Government is committed to building a solid workforce that is inclusive and representative of the community we serve, honors and respects the beneficial and worthwhile differences and abilities of all our employees and residents, and provides employees and applicants, tools and support to achieve their maximum potential. Georgia Governor Nathan Deal recently issued an Executive Order that directed government entities of the State of Georgia to "implement a hiring policy intended to encourage the full participation of motivated and qualified persons with criminal histories in the workforce, reduce recidivism and assure public safety." The City of Columbus has already made strides towards providing opportunities to ex-felons with the adoption of an Anti-Recidivism administrative policy in2013. The state's "Ban the Box" policy further helps us to broaden our applicant pool. The "Ban the Box" policy is intended to improve public safety, enhance workforce development, and provide increased employment opportunities for applicants with criminal convictions on their records by removing the criminal history related questions from the initial stage of the employment application process. The "Ban the Box" policy establishes practices that:o Prohibit the use of a criminal record as an automatic bar to employment.o Prevent the use of an application form that inappropriately excludes and discriminates against qualifi ed job applicants.o Promote the accurate use and interpretation of a criminal record. ' Provide qualified applicants with the opportunity to discuss any inaccuracies, contest the content and relevance of a criminal record, and provide information that demonstrates rehabilitation.o Shall not affect applications for sensitive governmental positions in which a criminal history would be an immediate disqualification and initial disclosure on such applications shall still be required. Effective April 15,2015, all criminal history related questions will be deleted from the CCG general employment job application. While the criminal history questions will not appear on the CCG employment application, questions regarding criminal histories can be asked during the interview process. Criminal history background checks will also continue as a part of the on-boarding process. The implementation of "Ban the Box" is outlined in detail on the attached supplement. If you have questions or suggestions regarding the "Ban the Box" implementation and procedure, pleaselet me know. l. BAN THE BOX The curent Columbus Consolidated Government job application includes criminal history screening questions. Effective April 15. 2015, all criminal history related questions will be deleted from the job application. Human Resources will conduct an initial screening of all applications for qualifications that are consistent with the job description and requirements. A limited number of qualified applicants are then forwarded to the hiring department for further screening. The hiring department will make selections for validity testing and interviews, and conduct reference checks. During the selection process, applicants may be asked legal questions related to their background. This may include questions about past criminal history record. Examples of criminal history related questions may include: '/ Have you ever been convicted of a felony or misdemeanor? If yes, please explain. (A conviction willnot be an automatic bar to employment),/ Are you awaiting a trial for a felony or misdemeanor?,/ Is there anl,thing in your background that would prohibit you from accepting employment with the Columbus Consolidated Government?'/ The CCG conducts criminalhistory background checks on all applicants before they are hired; is there any.thing in your background that could impact the hiring decision?'/ Because this position involves supervising prison inmates; applicants with felony convictions will not be offered employment. Have you ever been convicted of a felony? Once a decision has been made to hire an applicant and a pre-offer made, the Human Resources Department will assist with the on-boarding process. Applicant hires will be contingent upon satisfactory completion of the following: Criminal background checks*, verification of credentials, drug/alcohol testing, and other department specific pre- selection requirement, and preparation of an offer of employment letter. Applicants not selected will be notified via e-mail, or by letter. When an applicant's criminal history record check reveals convictions (felony or misdemeanor), Human Resources will consult with the hiring department to determine if the applicant's criminal history record makes the applicant suitable for employment or if another applicant should be selected. If the applicant's criminal history record reveals felony convictions and the hiring department, after consultation with the Human Resources Director, wishes to continue the selection process; the applicant will be presented to the Executive committee for review and consideration. 2. 3. 4. 5. 6. When considering an applicant who has a criminal history record, the following guidelines are recommended: a. The nature of the crime b. The time since the crime(s) occurred c. The nature of the job applied for d. The facts or circumstances surrounding the offense or conduct e. The number of offenses for which the individual was convictedf. Evidence that the individual performed the same type of work, post conviction, with the same or a different employer, with no known incidents of criminal conduct g. The length and consistency of employrnent history before and after the offense or conduct h. Rehabilitation efforts, e.g., education/trainingi. Employment or character references and any other information regarding fitness for the particular positionj. Whether the individual is bonded under a federal, state, or local bonding programk. Each applicant is different and should be considered on a case by case basis NOTE: Public Safety positions are exempt from Ban the Box*Criminal history checks may be completed before drug/alcohol testing Ban the Box, Effective April 75, 2075 Page 2 .33 5.-!iU!3,3tfEg.g.36t3fi.8gEbEb3€3gE .: .a' .2p.s pOOp!-4.ddpdatodqrCp !--O , ,-n.;Od Oi; ;i:;ulEB[,e;:*;;:;:t;;r;[ia;li : i :i* 3E'.9.* E! s;i! H s E ';;gii: $i glr;r -,:t:3;es I H i iiiiliiiiiiiiiffliiiiiilllilliiiiil;i:ii E s ?H E;aiIgHrl3r,#er;:iv;ie ,ts:eE;i? s !, s E.s a it i ili ;iil#il;iaglffiti;ffiruery6 ii fi s;; ill ;l;illi:a;iifiliir;F;fl;i;ilii *i ru ii" J3' 'r'3.5Jo: .ucd! D @.A-e > E !!:uoo@ gI EF gX.c .4 ioOOo.Q C.p>.:c.doFCd.aXCo o O c,oo. cuaar 4lloorrE.idocc.4"o!oiio!>i:d @q o( op oG?qC, HE>oo.d:!rp.doroEooo .;-o.;1.4.;.)XEa.a= E Ea i8.1 | , Cdq 4>:>pttoe criU o!ortpapyiiHEO ts> F> F>5ii 5'6XU":E b&E[.::U;A8E-.33;tef"3 6 I 3:.:j4 ?qu@o!qlEeq-.;o.oo!!ooE>-oci s oo k e qoxa o4qf 2oEQccg!@oorf x!oc!ooqoctrL o o o ! E 0 d .nodbo>o.i 6CpC;;'3E#fi ocoanii'..:; a b ::; cr o--;Xda ko - 6. II oo f,Q -o c o:@Xco!qdXo@5u- H! b 3*h / od oi H a;: sU;:rdE'.Y 3: E ;dr 6.d Oiqo5>.do o c o.il ot\ 4 O q" q!.dA.d c o -@dr6o);5d !;.Q ! 6!E.d ooF -J, o! o 6 ,ni0cdJl;io H i >d;;;u !.4 o l;c!Hl'xml99 6fL o n)-aIpEtHrl>.r1.;cqiioO H d!!4!..1 ...: u 6 Pr ouo!ofi.,33.'tt;YD-an) o;r:.duroq!"Ei"f!;6O!c q; rl o A H qd ^q" o o.d -o>iON@CC.riH-do<.4!aq!.id ru o o o, o rt.4H O O O paox!arooo!!do "rb\n N sL\N\ s\\\ Il,l I(JIzlsl *61 {z !o o -!q @o 6 0pao EE> ir1dt s N,,iENT;.ItEEf ed9 iO€ EooaqX ! a: c'U o" a4 Coaq'.! Poo odo ON.i -c oI'a .tr.iP >J d06ooo z r) , o! '' d - 1!i63gio.ueItf,A o E cq!E.d o o .5 Eo oo -N! ,i!.O! oi d lEo-r l\: -*(hll5 3NN H .NIIT 3 f,\: o@ a>E A-d! Ipo !E*I, ;qE IqO4aDq,' Oo: .4 ,! ulaqbc o6a ocStd :oo :..ia:1 - a ori9o 9 I ; h.A J J0vc qo i c Xo 06*1 0 ;a'l;qu E-'Y 0 oo '^^ o@ oX. o a .pnu q;o:>N i O. ;.Qoo ooN ooC -a\o tr f;n ^o- ai'56; gti'A > Y!HnO :o;9 H. EI'aria :o!.:6 I !o-i I d!ol&i oo 4 noE ) iCFCO <6o-i e.a> -4f o !o! s<a o *thHc c./ Dc.n.d ! c.d!! o-d!oo>!o5> O>a>c!o q0 0 c!-iii ! o >dd6rod,0moo H!C!!ooooo u000000uuocct:ccdccccaaaa)a)a)aooooooooooUOOUOOUOOO ilE fis H gtr $ €h[*.;N\E-OFON '!t l} EooD EEd oE E Ia c cno o !o Macon-Bibb County, GA. MACON-BIBB COUNry GOVERNMENT APPLICATION AND EMPLOYMENT INFORMATION Please read and answer every question on the application carefully and thoroughly. lf you are in doubt of howtoansweraquestion,pleaseconsultwiththeHumanResourcesstaffforassistance. Falsification,omission,ormisrepresentation of information on your application will result in disqualification and/or termination ofemployment with Macon-Bibb County Government. Federal law prohibits the employment of any individual not authorized to work in the United States. ALt PERSONS HTRED must submit verification of identity and employment authorization to work in the United Stateswithin three (3) days of the first date of employment. Failure to submit such proof within the required timemay result in immediate termination of employment. Depending on the position, new employees may be subject to passing a local/national fingerprint check,background investigation, motor vehicle report, and/or medical examination (which includes substance abusetesting). A negative background report does not automatically disqualify an applicant from emptoyment.conviction, length of time and position will be taken into consideration. The AGREEMENT: By signing by Electronic Signature, I agree that my electronic signature is the legally bindingequivalent to my handwritten signature. Applicant's Signature Date MBC General Application Revised 8.5.15 MACON-BIBB COUNTY GOVERNMENT HUMAN RESOURCES DEPARTMENT GENERAL EM PLOYM ENT APPLICATION Name:Date: (Please Print Full Legal Name) Address:City:State:zip: Telephone (Home): (_)Business (other): (_) Position(s) Applying For: PLEASE READ AND ANSWER CAREFULLY Answer every question on this application by checking YES or No. lf you check a yES or No answer that is MUST f n the li the oue . lf at any time before, during or after your employment process, it is found you have answered any questions falsely, you may be disqualifiedrsqua or dismissed from your employment with the Macon-Bibb county Government. t. Are you 18 years of age or older?IvrsI*o 2,Do you have any relatives(s) working for any department with the Macon-Bibb county Government? lf yes, list relative name, what relation, and in what department? 3. Are you related to the Mayor, commissioner, or any Elected official? lf yes, list relative name, what relation, and in what department. Have you ever been terminated /fired from any employment? lf yes, please explain. 5. Have you ever resigned from any employment in lieu of termination? lf yes, please explain. 6. 7. Have you ever been in any military service? Have you ever applied for any other position with Macon_Bibb County Government? lf yes, when and what position(s)? Ivrs Iro n ves l_l ruo Ivrs E*o [] vrs E *o I Yrs Ero I ves E*o 4. MBC General Application Revised 8.5.15 8. Have you previously been employed with Macon-Bibb County Government? lf yes, indicate when and in which department(s) below. List all information if employed more than once. 9. Do you have a valid driver's license? Do you have a Commercial Driver's License? Class? 10. Are you authorized to work in the United States? (pRopER DOCUMENTATTON MUST BE qROV\DED AT THE TIME OF HIRE.) 14. ls there any reason that would prevent you from working after normal scheduled working hours or on holidays or weekends? Ere- I*o I ves E*o Ivrs f*o I vrs I*o tt. Have you read the job description for the position you are applying?I vrs [ro 1.2. After reading the job description, are you able to perform the essentiaf f] vrS E *O Functions of this job with or without reasonable accommodations? tr YES E*o lf you wish to make further comments, please write the number of the question on a separate sheet of paper and continue your response. I certify that I have answered the above questions truthfully to the best of my knowledge. Applicant's Signature Date EQUAL OPPORTU NITY EMPLOYER MBC General Application Revised 8.5.15 MACON-BIBB COUNTY GOVERNMENT GOVERNMENT CENTER ANNEX BUILDING 682 CHERRY STREET . SUITE 4OO P.O. BOX247 MACON, GEORGIA 37202 APPLICATION FOR EMPTOYMENT IN COMPLIANCE WITH THE FEDERAL AND STATE EQUAL OPPORTUNITY LAWS QUALIFIED APPLICANTS ARE CONSIDERED FOR ALL POSITIONS WITHOUT REGARD TO RACE, COLOR, RELIGION, GENDER, NATIONAL ORIGIN, AGE OR DISABILITY. PTEASE PRINT NAME (futt tegat name)i ADDRESS: DATE: CITY: HOME TELEPHONE: (_) CELL PHONE: (_) STATE:ZIP CODE: BUSINESS PHONE: (_) E-MAIL ADDRESS: NAME OF REFERRAL SOURCE: PLEASE NOTE: THIS APPLICATION FORM WAS DESIGNED FOR USE BY PERSONS APPLYING FOR VARIOUS WPES OF POSITIONS WITH MACON-BIBB COUNW GOVERNMENT. PLEASE ANSWER ALL QUESTIONS TO THE BEST OF YOUR ABILITY SO THAT YOUR APPLICATIONWILI- BE GIVEN FULL CONSIDERATION FOR POSSIBLE EMPLOYMENT WITH MACON-BIBB COUNTY GOVERNMENT. INCOMPTETEAPPLICATIONS WITt NOT BE PROCESSED. APPLICATIONS MUST BE RETURNED BY THE END OF THE JOB POSTING CLOSING DATE.NO APPLICATION WILL BE ACCEPTED FOR A POSITION PASSED THE CLOSING DATE. A CURRENT RESUME MUST ACCOMPANYTHE APPLICATION. MBC General Application AN EqUAt OPPORTUNIW EMPLOYER Revised 8.5.15 lF ANY OF THE FOLLOWING QUESTTONS DO NOT Apply rO you, pur "Nor AppLtcABLE" oR ,N/A" tN THE ANSWER SPACE. WHAT IS YOUR MINIMUM WEEKLY SALARY REQUIREMENT? DATE AVAILABLE FOR WORK: DO YOU HAVE ANY COMMITMENTS TO ANOTHER EMPLOYER, WHICH MAY AFFECT YOUR EMPLOYMENT WITH US? IF YES, PLEASE EXPLAIN ['r' f*o AREYoUoNLAY-oFFANDsUBJEcTToREcALL?lFYES,PLEAsEEXPLAlN SPECIAL SKILLS TYPING SPEED WORDS PER MINUTE OTHER EDUCATIONAL DATA (OFFICIAL TRANSCRIPTS MAY BE REQUIRED) SCHOOLS PRINT NAME, NUMBER AND STREET, CITY, STATE AND ZIP CODE FOR EACH SCHOOL LISTING TYPE OF COURSE OR MAJOR GRADUATED?DEGREE RECEIVED HIGH SCHOOL COLLEGE GRADUATE SCHOOL TECHNICAL COLLEGE OTHER MIIITARY EXPERlENCE WERE YOU IN THE U.S. ARMED FORCES? [ "S I'O IF YES, WHAT BRANCH? DATES OF DUW: FROM RANK AT SEPARATION BRIEFLY DESCRIBE YOUR DUTIES: TO MBC General Application Revised 8.5.15 EMPLOYMENT HISTORY (RESUMES WttL NoT BE ACCEPTED tN PLACE OF THE AppUCATION) LIST PRESENT EMPLOYER OR MOST RECELI5I PKEStN I TMPLOYER OR MOST RECENT FIRS MAY WE CONTACT YOUR PAST EMPLOYERS?YES NO EMPLOYER NAME: EMPLOYMENT DATES (MO./YR) SUPERVISOR'S NAME ADDRESS FROM:YOUR JOB TITLE: IELEPHONE:TO:YOUR SALARY STARTING PAY: ENDING PAY: DUTIES REASON FOR LEAVING: EMPLOYER NAME: EMPLOYMENT DATES {MO./YR} SUPERVISOR'S NAME ADDRESS:FROM:YOUR JOB TITLE: TELEPHONE:TO:YOUR SALARY STARTING PAY: ENDING PAY: DUTIEST REASON FOR LEAVING: EMPLOYER NAME: EMPLOYMENT DATES (MO./YR) SUPERVISOR'S NAME ADDRESS:FROM:YOUR JOB TITLE: TELEPHONE:TO:YOUR SALARY STARTING PAY ENDING PAY: DUTIES REASON FOR LEAVING: EMPLOYER NAME: EMPLOYMENT DATES lMO./YR) SUPERVISOR'S NAME ADDRESS:FROM:YOUR JOB TITLE: TELEPHONE:TO:YOUR SALARY STARTING PAY: ENDING PAY: DUTIES: REASON FOR LEAVING: MBC General Application PLEASE USE ADDITIONAL SHEETS IF NECESSARY FOR YOUR EMPLOYMENT HISTORY Revised 8.5.15 GENERAL INFORMATION YOU MUST COMPLETE THIS SECTION GIVE THE NAME, ADDRESS AND PHONE NUMBER OF THREE PROFESSIONAL REFERENCES, NOT RELATED TO YOU. GIVE THE NAME, ADDRESS, AND PHONE NUMBER OF THREE PERSONAL REFERENCES, NOT RELATED TO YOU, PLEASE INCLUDE ANY ADDITIONAL INFORMATION YOU THINK WOULD BE HELPFUL TO US IN CONSIDERING YOU FOR EMPLOYMENT, SUCH AS ADDITIONAL WORK EXPERIENCE, ARTICLES/BOOKS PUBLISHED, ACTIVITIES, ACCOMPLISHMENTS, VOLUNTEER WORK, ETC. YOU MAY EXCLUDE ALL INFORMATION INDICATIVE OF AGE, GENDER, RELIGION, COLOR, NATIONAL ORIGIN OR DISABILITY. PERSON TO BE NOTIFIED IN CASE OF EMERGENCY NAME:TELEPHONE #: (_) ADDRESS: -___ __ _r AGREEMENT (Please read the following statements carefully) I CERTIFY THAT THE ANSWERS GIVEN HEREIN ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I AUTHORIZE MACON-BIBB COUNTY GOVERNMENT TO MAKE SUCH |NVEST|GAT|ONS AND |NQUIR|ES OF My PERSONAL,EMPLOYMENT, AND OTHER RELATED MATTERS AS MAY BE NECESSARY IN ARRIVING AT AN EMPLOYMENT DECISION. I HEREBYRELEASE EMPLOYERS, SCHOOLS AND PERSONS FROM ALL LIABILIry IN RESPONDING TO INQUIRIES IN CONNECTION WITH MYAPPLICATION. I UNDERSTAND THAT IF I AM OFFERED EMPLOYMENT BY MACON-BIBB COUNTY GOVERNMENT A CRIMINAL BACKGROUND REPORToR INVESTIGATION wlLL BE CONDUCTED. I FURTHER UNDERSTAND THAT A CONVTCTTON MAy OR MAy NOT DtSQUALtFy ME FROMEMPLOYMENT WITH MACON-BIBB COUNry. THE DECISION IS BASED UPON THE CONVICTION AND THE POSITION FOR WHICH I AMAPPLYING. IN EVENT OF EMPLOYMENI I UNDERSTAND THAT FALSE AND/OR MISLEADING INFORMATION GIVEN ININTERVIEW(S) WILL RESULT IN TERMINATION OF MY EMPLOYMENT WITH MACON-BIBB COUNTY. I FURTHERAM REQUIRED TO ABIDE BY ALL RULES AND REGULATIONS OF MACON-BIBB COUNTY GOVERNMENT. MY APPLICATION OR UNDERSTAND, THAT I APPLICANT SIGNATURE MBC General Application DATE Revised 8.5.15 National Employment Law project "Ban the Box" I{ATIONAL EMPLOYMENT LAW PROJECT Best Practices and Model Policies: Creating a Fair Chance Policy Asyou craft a fair chance poliq, including "ban the botg" here are the top tcn principles to follow. These have been distilled from our work with jurisdictions across the country and are applicable to any state or region. 1. Avoid stigmatizing language such as "ex-offenders" or "ex-felons." Use terms that lead with "people," such as "people with records." NELP was educated by the language campaign of the Center for Nuleadership on Urban Solutions on tlris point 2. A background check may be unnecessary for a iob position because most iobs do not involve unsuperuised access to sensitive populations or handling sensitive information. Ifthe background check is not legally required, it may be cost-saving to forego. Even if a background check is legally mandated, it is unnecessary to exempt a position from the majority of these best practices as these practices do not i nterfere witlr conducting background checks. 3. Avoid blanket exclusions and instead include an equal opportunity statement on iob applications to indicate that a record will not automatically disqualify anyone from a iob, unless there is a specific legal exclusion. If a background check is required or ifthere is a specific legal barrier, inform applicants that "a background check will be conducted for this position." However, avoid phrases such as "must pass a background check " or "clean background only''as this language may be interpreted as a categorical exclusion. If a background check is necessary, only consider those convictions with a direct relationship to iob duties and responsibilities and consider the length of time since the ofrense. Follow the best practices of the 2012 U.S. Equal Employment 0pportunity Commission guidance in evaluating convictions and avoid consideration of records ofarrest not followed by a valid conviction. Do not consider sealed, dismissed, or expunged convictions, misdemeanor convictions where no jail sentence can be imposed, and infractions. Renove inq*lcr lnto eoavlciloue ftm trc foL.ppltE t6, The most effective poliry is to delay all conviction inquiries, oral or written, until after a conditional offerof emplo]rmenL Do not include a provision to permit'voluntary disclosure" of background check information from the applicanL "Volunary disclosure" circumvents "ban the box" as applicants are often directed to provide background check information by job services. NELP I FA|R CHANCE BEST pRACflCES & MODEL pOLtCtES I ApRtr 2015 Remove self-reporling quefi ons about conviction hlstory. Discrepancies between self-disclosed information and background checks are often caused by workerc'misunderstanding of their own records, and too often are inaccurate "truth tests." If a background check will be run, there is no benefit to this additional step which trips up well-intentioned workers. Prior to any discussion about the applicant's conviction history, provide the applicantwith a copyofanybackground check Ifa fob applicant is refected because ofa record, inform the applicanL Provide the applicant with written notice of the specific item in the background check report that is considered iob-related and provide the applicant with a copy ofthe report Background check reports are often inaccurate, so give applicants tbe chance to verify or challenge the information. Provide the applicant the right and sufficient dme to submit evidence of mitigadon or rehabllltation when a record is considered in hiring Evidence may include letters of recommendation from community members and certificates from programs or education. Hold the position open until the review is complete. Epand the falr drance pollcy to prinate employers To maximize the impact of the fair chance policy, apply the policy to government contractors and private employers. Another method of strengthening the policy for goverilnent contractors is to combine it with targeted hiring as shown in 'Community Hiring Model language' in the Appendix 10. Combine data collection and effectlve enforcement Ata minimurn a government agency should have the infrastructure to proc€ss complaints and to audit compliance. If the poliry applies to private employers, the ability to bring a lawsuitbased on a violation ofthe ordinance maybe an eftctive means of enforcement With government contractors, the ability to rescind the contract is motivation to comply. Data collection to ensure that the policy is opening iob opportunities for people with records will also support enforcement Ultimately, a robust enforcement regime will ensure that the law or policy is not iust well- intentioned, but effective. NELP is currently developing a chapter for the Fair Chance Toolkit on best practices that are specific to enforcement and implementadon. 7. 8. 9. NELP I FA|R CHANCE BESI PRACTTCTS & MODET. POUOES I ApR[.2015 A. ModelAdministrative Memo for Cities and Counties A moyor, city manager, or human resources director reody to enact a fair chance policy may be able to do so by developing an administrotive memo or by executive order. This could be the mostviable option if a local council or board is unwilling to entertain a fair chance poliqt. Legislation is o more permanent solution, but an administrative chonge may provide the foundation for a new low. However, an administrative policy change moy be inapproprio* if the goal of the campaign is to apply the foir chance policy to non-government employerc. This model administrative memo provides a comprehensive approach. A more limiUd opproach could be taken by omitting sections below. Note that local- and stotc-spcific terms, such as criminal justice related terms, must be adjustcd for local law. For exampleg see Ookland. California and Durhom. North Carolina. A downloodable textversion of the model policy is avqilqble. Sec 1. Policy The City will not conduct background checks on applicants unless it is required by law or the City has made a good hith determination that the relevant position is of such sensitivity that a background check is warranted. Applicants will be considered for emplolrment opportunities on the merits of their skills and experience related to the position sought, and will not be denied employment solely or in part because of a prior conviction, unless the City determines that the conviction is job-related. If the City has determined that a background check is warranted for the positiory the background check will be conducted after the Cip has selected the best candidate for the position. If a background check yields information t}tat is of conoern to the City, the applicant will be provided an individualized assessrnenl The applicant will be given an opportunity to review the background check findings and present information regarding inaccurary, mitigating circumstances, and rehabilitation. Sec 2. Definitions 'Adverse action'means to refuse to hire, to not promote, to discharge a persorL orto revoke an applicant's conditional offer of employmenl "Applicanf means a person who has filed an application for examination to a City job position. 'CiQl means the City, department agency, or office thereof. Sec.3. ExistingLaw The City will comply with state and federal law requiring background checks for certain positions and dictating certain disqualiffing offenses and other existing law An employer's use of an individual's arrest and conviction record in making employrnent decisions to automatically disqualify applicants may violate the prohibition against employment discrimination under federal law, Title Vll of the Civil RightsActof 1964. The u.S. Equal Employment opportunity commission t"EEoc) Guidance recommends employers adopt the following best practices to avoid violating federal law. The employer should only consider job-related convictions taking into account length oftime since the conviction. In addition the guidelines recommend that the employer perform an individualized assessment on the applicanf which would allow the applicant to demonstrate NELP I FA|R CHANCE BEST pRACflCES & MODEL pOLtCtES I ApRtL 2015 that the conviction history is inaccurate or provide evidence of mitigating circumstances or ofrehabilitation The federal Fair Credit Reporting Act, 15 U.S. Code Sec.168l, et seqn governs the use of commercially-prepared background reports. The subject of the background report must authorize the reporL These reports should not include information on arrests older than seven years and the applicant should be provided a copy ofthe report prior to any adverse action. Sec. 4. Consldering Convicdon History in Employment Decisions 1. ldentifying posldon as requir{ng background checlc Human Resources analyst performs initial review of position to determine ifthe position is of such sensitivity that a background check is warranted or ifa background check is required by law. Posting iob announcements. All job announcements and position descriptions shall contain the following statement if the position requires a background chech unless otherwise required by law: "Thb position is subjea u o boclqqround check for ony convictions direcdy relatcd to its duties and rcspnsibilities Only job-relattd convictions will be considered ond will not aunmotically diqualifr tihe condidatc." lob applications, fob applications shall not inquire into an applicant's conviction history. Examlnation process. A list of eligible applicants will be created based on examination results and the list will be sent to the hiring departrnent The hiring department will conduct interview(s) and select an indMdual hom the list of eligible applicants. Notice of rights. Once an individual has been selecte4 the hiring department shall notiff Human Resources (HR), and HR shall send the individual a conditional offer letter, nodce ofrights under this policy, and a request for authorization to conduct a background check, ifso required. Limitadon to conviction bistory. HR shall not use or access the following criminal records in relation to a background checlc records ofarrest not followed by a valid conviction, sealed, dismisse{ or expunged convictions, misdemeanor convictions where no iail sentence can be imposed, and infractions Conviction history inquiry. lf required, HRshall consider job-related convictions only. lfa statute explicidy reguires that certain convictions are automatic bars to employment then those convictions shall be considered as well. 0therwise, no person shall be disqualified from employmen! solely or in part because of a prior conviction, unless it is a job-related conviction. In determining if a conviction is job-related, HR shall consider: (a) Whetherthe conviction is directly related to the duties and responsibilities of that emploSrment position; (b) Whetherthe position offers the opportunity for the same or a similar offense to occur; and 6. 7. NEIP I FA|R C}TANCE BEST pRAcrrcts & MODEL POUC|ES I ApRtr 2015 10. (c) whether circumstances reading to the conduct for which the person was convicted will recur in the position; and (d) The length of time since the offense occurred. Pre'adverse action notice. lf an applicant's conviction history contains information that may be the basis for an adverse action, HR shall: (a) ldentify the conviction item(s) that are the basis for the potential adverse action; [b) Provide a copy ofthe conviction history report, ifany; (c) Provide examples of mitigation or rehabilitation evidence that the applicant may voluntarily provide; and [d) Provide the applicant with an individualized assessment as described below. lndividualized assessment A job-related conviction shall not be the basis for an adverse action if the applicant can show evidence of mitigation or rehabilitation and present fitness to perform the duties of the position sought Tbe applicant shall have ten (10) business days, after issuance of the notice, to respond with any information rebutting the basis for the adverse actiorL including challenging the accurary ofthe information and submitting mitigation or rehabilitation evidence. HR shall hold the position open until it makes the final employrnent decision based on an individualized assessment of the information submitted by the applicant and tte factors recommended by the EEoc. Evidence of mitigation or rehabilitation. Evidence of mitigation or rehabilitation may be established by: (a) Evidence showing that at least one year has elapsed since release from any correctional institution without subsequent conviction of a crime; and evidence showing compliance with terms and conditions of probation or parole; or (b) Any other evidence of mitigation or rehabilitation and present fitness provided including but not limited to, letters of reference. Final notice. If HR makes an adverse decision, the applicant shall be informed of the final decision, the appeal process, and that the applicant may be eligible for other city positions. 12. Appeal. Applicans may appeal the final decision to the Director of Human Resources. 13. confidentiality. Any information pertaining to an applicant,s background check obtained in conjunction with the hiring process shall remain confidential, and shall not be used, distributed, or disseminated by the City or any of its agencieg or its vendors, to any other entier, except as required by law 14. Data Collection. The Human Resources Department shall maintain a record of the number of positions requiring background checks and for those positions, shall maintain a record of the number of applicants: (a) for a position; (b) who were found eligible for a position; and (c) who were provided a conditional offer for a position. In addition, the Department shall maintain a record of the number of applicants with a record for aposition: (a) who were provided a pre-adverse action notice; [b) who provided evidence 11. NEIP I FAIR CHANCE BEST PRACTICES & MODET POLICIES I APRIL 2015 of mitigation or rehabiliation; (c) who were provided a final adverse notice; and (d) who were hired. The Department shall also regularly conduct a confidential, anonymous survey ofemployees in positions, in which background checks are not conducted, to determine the number of people with records hired. 15. AudiL The Human Resources Deparurent shall conduct a quarterly audit and submit a report to the City Council which will review the City's hiring practices in an effort to ensure that people with records are not unreasonably denied employment with the City. NEIP I FA|R CHANCE BEST PRACT|CES & MODEL POUC|ES I ApRtr 2015 B. Model Resolution for Cities and Counties A resolution, os o formal expression of the inuntion or position of the city or counet, often entails a simpler process than legislation. Although an ordinance has the benefit of typically being more detailed and thus, potentially more effective, a resolution may be the best course for o foir chance poliqt that applies only to public employment In addition, a resolution moy be appropriate as an initial skp if you need to build your campaign to push for on ordinonce thot applies to private employers. This model resolution provides a comprehensive and effective approoch. A more limited opproach can be ochieved by omitting sections. Note thotlocal- and stotc-specific terms, such as criminal justice related terms, must be adjustcd for locol law. For examples of resolutions, see Minneapolis. Minnesota ond Petersburq. Virginia. A downloadable text version of the model policy is ovailable. Purpose Ensuring that the hiring practices of the City do not unhirly deny people with arrest and conviction records employment with the City and further encouraging rehabilitation of people with records to strengthen communities. WHEREAS, the ability of people witJr records to successfully reintegrate into their communities contributes to reduced recidivism, strengthens families, and leads to safer communities; and WHEREAS, people with records suffer from pervasive discrimination in many areas of life, including employmen! housin6 education, and eligibility for many forms of social service benefits; and WHEREAS, people of color are arrested, convicted, and incarcerated in numbers disproportionate to their representation in the population as a whole; and WHEREAS, many people with records in the city are likely to be unemployed or underemployed; and WHEREAS, people with records represent a workforce that have skills to contribute and a desire to add value to their communitl4 and WHEREAS, the City seeks to assist the rehabilitation of people with records and ensure healthier, safer communities; and WHEREAS, studies indicate that sable emplo5rment is one of the best predictors of post- conviction success; and WHEREAS, states and cities across the countr5r have adopted fair chance hiring policies to remove unfair barriers to emploSrment of people with records; and WHEREAS, the U'S. Equal Employment Opportunity Commissiory to maximize compliance with federal anti-discrimination law, recommends delaying inquiry of a job applicant s NE|_P I FAIR CHANCE BESr pRAgflCES & MODEL pOLtCtES I ApRtL 2015 conviction history and considering the iob-relatcdness ofthe conviction taking into account Iength of time since conviction, and providing an individualized assessment affording the opportunity to correct any inaccuracies and to submit evidence of mitigation or rehabilitatiory and WHEREAS, it is the public policy of the City to encourage the employment of people previously convicted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIT OF THE CITY, ttrat the City Human Resources Departrnent shall enact a fair chance policy and prohibit inquiry into conviction history information on all Gty employment applications unless required by state or federal law; and be it FURTHER RDSOLVEX), that the City shall make a good faith determination as to which specific positions of emploSnnent are of such sensitivity that a background ched< is warranted orare required by laW and shall conduct background checks for these positions only; and be it FURTHER RESOLITED, if it has been established that a position requires a baclqround check, the City shdl not conduct the check until after the applicant has been provided a conditional offor of employment and be it FURTHER RESOLVED, the City shall not use or access the following crimind records in relation to a baclqround check records of arrest not followed by a valid convictiorL sealed, dismissed, or expunged convictions, misdemeanor convictions where no jail sentence can be imposed and infractions; and be it FURTHER RESOLVED, that the Cip shall consider job-related convictions taking into account the length oftime since the offense occurred such that no person shdl be disqualified from employment solely or in part because of a prior convictior! unless it is a job-related conviction; and be it FURTHER RESOLVm, that if an applicant has been convicted of an offense that is direcdy related to the position soughq the Human Resources Department shall notify the applicant and conduct an individualized assessment that permits the applicant to submit information regarding inaccuracy ofthe record and evidence of mitigation or rehabilitatiorl as appropriate; and be it FURTHER RESOLVEX), the Human Resources Department shall conduct an audit and submit a report to the Gty Council which will review the City's hiring practices in an effortto ensure that people with records are not unreasonably denied employment with the City; and be it FURTHER RESOLVD, that the City urges private employers and government contractors to adopt fair hiring practices that encourage the rehabilitation and employment of people with records. NELP I FA|R CHANCE BESr pRAgflCES & MOOEI_ pOLtCtES I ApRtr 2015 C. Model Ordinance for Cities and Counties Enacting local low is the best option for regulating private employers. Because it hos the force of low, an ordinance is more permanent and outhoritative than a resolution. This model ordinance provides a comprehensive approoch including the governmenfvendors, and an option for private employers. A more limited approach could be token by omitting sections. Note thatlocal'ond state-specific terms, such as criminal justice relatnd tcrms, mustbe adjusted for locol law. For examples, see New Haven. connecticut ond san Francisco. Californio. A downloadable text version of the model poticy is ovailable. IEXAMPt.E OF PREAMBLE ARE PROVIDED IN "WHEREAS" SECTTON OF MODEt. RES0LUTTONI Sec. 1. Definitions 'Adverse action" means to refuse to hirg to not promote, to discharge a person, or to revoke an applicant's conditional offer of employmenL "Applicand means any person considered for, or who requests to be considered for, employment or any employee considered for, or who requests to be considered for, another employment position, by the employer. "Awarding authoriQf means any department, agency, or office of the City that authorizes a vendor to provide requested goods and/or perform services. "Cit5/ means the City, departmen! agency, or office thereofl "Employer'meansthe city; [tFAppLytNG To PRIVATE EMpLoyERs, THEN INCLUDE:] any person regularly employing five or more persons; any person acting as an agent ofan employer, directly or indirectly; or any person undertaking for compensation to procure employees or opportunities for employmenl "Emplo5rmenf means any occupation, vocation, job, or work for pay, including temporary or seasonal work, contracted worlg contingent work and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. "vendor" means any vendor, contractor, or supplier of goods or services to the city. Sec. 2. Considering Conviction History in Employment Decisions1. Identifying position as requiring background check The employer shall not conduct background checks on applicants unless the employer has made a good faith determination that the relevant position is of such sensitivity that a background check is warranted or if a background check is required by law. 2. Posting iob announcements. All job announcements and position descriptions shall contain the following information if the position requires a background chech unless otherwise required by law: 'This position is subject n o bockground check for any convictions directly related to its duties and responsibilities. Only job-related convictions will be considered qnd will not automatically disqualily the candidate." 3. Job applications. fob applications shall not inquire into an applicant's conviction history. itELp I FA|R CHANCE BEST pRAgnCES & MODET poLtctEs I ApRtL 2015 4, Notice of rights. Prior to any conviction history chech the employer shall send the applicant a conditional offer letter, notice ofrights under this ordinance, and a request for authorization to conduct a background check, ifso required. 5. Limitation to conviction history. The employer shall not use or access the following criminal records in relation to a background check records of arrest not followed by a valid conviction, seale4 dismissed, or expunged convictions, misdemeanor convictions where no jail sentence can be imposed and infractions. 6. Convicdon history inquiry. The employer shall not inquire into or consider an applicant's conviction history until after the applicant has received a conditional offer. If the employer is considering the conviction history of the applicant, tlre employer shall consider iob-related convictions only. If a statute e:plicitly requires that certain convictions are automatic bars to employment then those convictions shall be considered as well. Otherwise, no person shall be disqualified from employmen! solely or in part because of a prior conviction, unless it is a job-related conviction ln detennining if a conviction is job-related, the employer shdl considen (a) Whether the conviction is directly related to the duties and responsibilities of that employment position; (b) Whether the position offers the opportunity for the same or a similar oftnse to occur; [c] Whether circumstances leading to the conduct for which the person was convicted will recur in the position; and (d) The lengh of time since the offense occurred, 7. Ple'advense action notice. If an applicant's conviction history conains information that may be the basis for an adverse action, the employer shdl: (a) ldentiff the conviction item(s) that are the basis forthe potential adverse actiou (b) Provide a copy ofthe conviction history report ifany; [c) Provide examples of mitigation or rehabilitadon evidence that the applicant may voluntarily provide; and (d) Provide the applicant with an individualized assessment as described below. 8. Individudized assessment. A job-related conviction shall not be the basis for an adverse action if the applicant can show evidence of mitigation or rehabiliation and present fitness to perform tlre duties ofthe position soughL The applicant shall have ten (10) business days, after issuance of t}te notice, to respond wit}t any information rebutting &e basis for the adverse action, including chdlenging the accuracy of the information and submitting mitigation or rehabilitation evidence. The employer shall hold the position open until it makes the final employrnent decision based on an individualized assessment of the information submitted by the applicant and the factors recommended by the U.S. Equal Employment Opporhrnity Commission. 9. Evidence of mitigation or rehabilltation. Evidence of mitigation or rehabilitation may be established by: NEtp I FA|R CHANCE BESI PRACT|C€S & MODET POUC|ES I ApRtL 2015 (a) Evidence showing that at teast one year has elapsed since release from any correctional institution withoutsubsequentconviction of a crime; and eyidence showing compriance with terms and conditions of probation or parole; or(b) Any other evidence of mitigation or rehabilitation and present fitness provided, including but not limited to, letters of reference. 10. Final notice. If the employer makes an adverse decision, the applicant shall be informed of tlre final decision and that he or she may be eligible for otherpositions. 11. Appeal. lf denied employment by the employer, applicants may appeal adverse decisions to the Enforcement Agency. 12. confidentiatity. Any information pertaining to an applicant,s background check obtained in conjunction with the hiring process shall remain confidential, and shall not be used, distributed, or disseminated by the employer or any of its agencies, or its vendors, to any other entity, except as required by law. Sec 3. Vendorc [CoNSTDER COMBINING WrTH TARGETEp HIRING]1. The City shall do business only with vendors that have adopted and employ conviction history policies, practices, and standards that are consistent with City standards outlined in this chapter. 2. During the bid or contracting process, the Awarding Authority shall review all vendors, conviction history policies for consistency with City standards. The yendors'conviction history standards shall be part ofthe criteria to be evaluated by the cier when determining whether to award a Cit5r contracL Further, the City will be able to evaluate a vendor's execution ofthe conviction history standards as a part ofthe performance criteria of said City contract(s). The Awarding Authority shall consider any vendorJs deviation from these conviction history standards as grounds for fines or rejectiorl rescissiorL revocation, or any other termination of the contract, or debarment hom all City contracts. Sec4. Compliance 1. EnforcementAgency. The employer shall retain application forms, records of employmen! and other pertinent data and records required under this chapteri including but not limited to, communication with the applican! for a minimum of three years, and shall allow the Enforcement Agency access to such records to monitor compliance with this chapter. Any person who is aggrieved by an employert violation ofthese provisions may contact the Agenry to report any problems, concerns, or suggestions regarding the implementation, compliance, and impact of these sections, and t}te Agency shall keep a record. In addition, the Agenry shall conduct periodic reviews to assess compliance with these sections. The Agency shall investigate and review complaints. The Agency shall report quarterly on complaints, investigations, and reviews. 2. Data Collection. The employer shall maintain a record of the number of positions requiring background checks and for those positions, shall maintain a record ofthe number of applicans and the number of applicants who were provided a conditional NErp I FA|R CHANCE BEST pRACflCES & MODEL pOLrctES I ApRtr 2o1s offer. In addition" the employer shall maintain a record of the number of applicants with a record for a position: (a) who were provided a pre-adverse action notice; @) who provided evidence of mitigation or rehabilitation; (c) who were provided a final adverse notice; and (d) who were hired. The City shall also regularly conduct a confidential, anonymous survey of employees in City positions, in which background checks are not conducted to determine tle number of people with records hired. 3. Audit The Human Resources Departrnent shall conduct an audit and submit a report to the City Council which will review the City's hiring practices in an effort to ensure that people with records are not unreasonably denied emplolment with the City. [IF APPLYING TO PRIVATE EMPLOYERS, THEN INCLUDE:] 4. Penalty. The Enforcement Agency may issue a fine of up to $1000 for a first violation of this chapter and provide counseling to the private employer to ensure future compliance. Subsequentviolationsaresubjecttofinesofupto$2000perviolation. In addition, an individual may bring a civil action in any court of competent jurisdiction against the employer or other person violating this chapter, and upon prevailing shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, but not limited to damages, injunctive relief, and reasonable attorney's fees and costs. Where an employer does not maintain or retain adequate records documenting compliance or does not allow the Enforcement Agency reasonable access to such records, it shall be presumed that the employer did not comply, absent clear and convincing evidence otherwise. NEIP I FA|R CHANCE EESI PRACr|CES & MODEL pOLtCtCS I ApRil.2015 D. ModelState Executive Order In both California (2010) and lllinois (2013), the governors were committed to enocting a foir chance policy at a time when passing o bilt was not feasibte. Although legislation is o more permanent solution, it is also resource-intensive to initiate a statewide campaign. With the governor's backing assured, on executive order moy be on appropriotEfirst step in a legislotive campaign. In fact, in both Califurnia ond lllinois, the legislatures passed fair chance legislation in 2013 and 2074, respectively. If the goal of the foir chance campaign is to apply the poliqr toprivate employers, a bill may be the only vehicle. This model executive order provides o comprehensive opprooch for state ogencies. A more limited approach could be taken by omitting sections. Note that state-specific terms, such os criminol justice reloted terms, must be odjusted for state low. For on exomple of o stote odministrative order, see lllinois. A downloadoble textversion of the model policy is ovailable. Sec.1. Scope This Order shall apply to all positions in State agencies, boardg and commissions. This Order also urges private employers and government contractors to adopt similar fair hiring practices that encourage the rehabilitation and emptoyrnent of people with records. Sec. 2. State Employment Applications The State Personnel Department shall modify the application for state emploSrment to remove any questions about the applicant,s conviction history. Sec 3. Authorization ofRelease ofBackground Check To the extent a background check is conducted fort}e position being filled, each agency, board, and commission shall use an Authorization for Release form tlat obtains an applicant's consent to acquire information relating to the applicant's conviction history. The form shall indicate that the State shall not base employment decisions on the information contained in the background check ofan applicant unless the law prohibis hiring an individual with a certain conviction for the position sought ortle applicant's conviction is directly related to the duties and responsibilities ofthe position soughL The form shall indicate that iob-related convictions will not automatically disqualify tlre candidate. Sec" 4. considering conviction History in Employment Decisions1. Establish procedure. Each agency, board, and commission shall establish a documented review process: (a) to determine whether the relevant position is of such sensitivity that a background check is warranted or ifa background check is required by law; and (b) to evaluate an applicant's background check in accordance with procedures below. 2. Limitation to conviction history. The agency, board, or commission may not inquire into or consider records of arrest not followed by a valid conviction, sealed, dismissed, or expunged convictions, misdemeanor convictions where no jail sentence can be imposed, and infracfions. 3' Conviction history inquiry. The agency, board, or commission shall not inquire into or consider an applicant's conviction history until after the applicant has received a conditional offer. If the agency, board, or commission is considering the conviction NELP I FA|R CHANCE BEST PRACT|CES & MOOEL poLtctEs I ApRtL 2O1s history of the applican! the agency, board, or commission shall consider iob-related convictions only. If a statute explicitly requires that certain convictions are automatic bars to employmen! then those convictions shall be considered as well. Otherwise, no person shall be disqualified from emplo5rment, solely or in part because of a prior conviction, unless it is a job-related conviction. In determining if a conviction is fob- related, the agenry, boar{ or commission shall consider: (a) Whether the conviction is directly related to tle duties and responsibilities of that employment positiory (b) Whether the position offers the opportunity for the same or a similar offense to occur; [c) Whether circumstances leading to the conduct for which the person was convicted will reanr in the position; and (d) The length oftime since the offense occurred. Pre.adverse action notice. If an applicant's conviction history contains information that may be the basis for an adverse action, the agency, boar{ or commission shall: (a) Identiff the conviction item(s) thatare the basis for the potential adverse action; (b) Provide a copy of the conviction history report, if any; (c) Provide examples of mitig3tion or rehabilitation eyidence that the applicant may voluntarily pmvide; and (d) Provide the applicantwith an individualized assessment as described below. Individualized assessmenL A job-related conviction shall not be the basis for an adverse action if the applicant can show evidence of mitigation or rehabilitation and present fihess to perform the duties ofthe position soughl The applicant shall have ten (10) business days after issuance of the notice, to respond with any information rebutting the basis forthe adverse action, including challenging the accurary ofthe information and submitting mitigation or rehabilitation evidence. The agency, board, or commission shall hold tle position open until it makes the final employment decision based on an individualized assessrnent of the information submitted by the applicant and the hctors recommended by the US Equal Employment Opportunity Commission Evidence of mitigation orrehabilitadon. Evidence of mitigation or rehabilitation may be established by: (a) Evidence showing that at least one year has elapsed since release from any correctional institution without subsequent conviction of a crime; and evidence showing compliance with terms and conditions of probation or parole; or (b) Any other evidence ofmitigation or rehabilitation and present fitness provided, including but not limited to, letters of reference. Final notice. If the agency, boar4 or commission makes an adverse decision, the applicant shall be informed ofthe final decision, the appeal procest and that the applicant may be eligible for other State positions. 8. Appeal. Applicants may appeal the final decision to the Personnel Department 7. Ntlp I tArR CHANCE BEST PRACrTCES & MODEr POUCIES I APRII 2015 9. confidentiality. Any information pertaining to an applicant's background check obtained in conjunction with the hiring process shall remain confidential, and shall not be used, distributed, or disseminated by the Statg except as required by law. 10' Data Collection. The State Personnel Department shall maintain a record of the number of positions requiring background checks and for those positions, shall maintain a record of the number of applicants and the number of applicants who were provided a conditional offer. In addition, the Department shall maintain a record of the number of applicants with a record for a position: [a) who were provided a pre-adverse action notice; (b) who provided evidence of mitigation or rehabilitation; (c) who were provided a final adverse notice; and (d) who were hired. The Department shall also regularly conduct a confidential, anonymous survey of employees in positions, in which background checks are not conducted to determine the number of people with records hired. 11' Audit. The State Personnel Department shall conduct an audit and submit a report to the Governor's Office which will review the State's hiring practices in an effort to ensure that people with records are not unreasonably denied employment with the State. NELP I FA|R CHANCE BEST PRACT|CES & MODEL pOLtCtES I ApRtt 2015 D. Model State Legislation The first stote, Hawoii, has had its fair chance stnfrttr in ploce since 1998. Eoch year an increosing number of legislatures ore introducing foir chonce bills. The model legislation below provides a comprehensive exomple opplyrng a oll public employmenl including state ogencies, cities, counties, ond state licensing, and contactors with an option for private employers. A mare limited approach could be token by omitting sections. Note that stab- specific terms, sz,ch os criminal justice reloted tcrms, must be odjusUd. For on exomple of a comprehensive stote law, see Minnesota. For an example of a more modest state law, see Colifornia A downloadable textvercion of the model legislation is available. Sec 1. Policy The Legislature finds and declares that reducing barriers to employment for people with arrest and conviction records, and decreasing unemployment in communities with concentrated numbers of people with records, are matters of satewide concern The Iegislature further finds and declares that increasing employment opportunities for people with records will reduce recidivism and improve economic stability in our communities Sec2. Definitions 'Applicanf means:rny person considered for, or who requests to be considered for, emplo5nnent or any employee considered for, or who requests to be considered for, another employment positioa by the employer. 'Employef means the State, its agencies, or political subdivisions; [F ADDING PRIVATE EMPLOYERS, THEN ADD:l and any person in this State employing four [4J or rnore individuals; any person acting in the interest of an employer directly or indirectly; or any person undertaking for compensation to procure employees or opportunities for employment. 'Hiring authoriS shall mean tle person, board, commission, or departsnent of tbe State, its agencies or political suMivisions, responsible by law for the hiring of persons for public emplo5rment 'Licenslngauthorit5f shall mean the persory board, commission, ordepartrnentofthe State, its agencies orpolitical subdivisions, responsible by law for the licensing of persons for occupations -License* includes all licenses, permits, certificateq registrations, or other means required to engage in an occupation which are granted or issued by the State, its agents, or political subdivisions before a person can pursue, practice, or engage in any occupation -Ocotpation'includes all occupations, trades, vocationg professions, businesses. or employrnent of any kind for which a license is required to be issued by the State its agencies, or political subdivisions. Sec 3. Auailability of Records (a) The following criminal records shall not be used, distributed, or disseminated by the State, its agen6 or political subdivisions in connection with any application for employment nor in connection with an application for a license: NELP I FA|R CHANCE BESr PRACT|CES & MODEL pOLlCtFs I ApRtt 2015 Arrest not followed by a valid conviction Convictions which have been sealed, dismissed, or expunged. Misdemeanor convictions for which no iair sentence can be imposed or infractions. (b) Any information pertaining to an applicant's background check obtained in conjunction with the hiring process shall remain confidential, and shall not be used, distributed, or disseminated by the State, its agents, or political subdivisions, except as required by law. Sec 4. Considering Conviction History (a) An employer or hiring authority shall not inquire into or consider an applicant,s conviction history until after tle applicant has received a conditional offer. (b) A licensing authority shall not inquire into or consider the conviction history ofan applicant for licensing unti! after an applicant is found to be otherwise qualified for the license. (c) fob applications and licensing applications shall not inquire into an applicant s conviction history. Sec S. Relation of Conviction to Employment or Occupation (a) No person shall be disqualified from employmeng nor shall a person be disqualified from pursuing practicing or engaging in any occupation for which a license is required, solely or in part because ofa prior conviction, unless it is a directly related conviction to the position of emplolrment sought or to the occupation for which the license is sought If a statute explicitly requires that certain convictions are automatic bars to employment or licensing then those convictions shall be considered as well. Otherwise, no person shall be disqualified from employment or licensing solely or in part because of a prior conviction, unless it is a directly related conviction to the position of emplo5rment sought or to the occupation for which the license is sought (b) In determining if a conviction directly relates to the position of employment sought or the occupation for which the license is sought, the employer, hiring authority, or licensing authority shall consider: (1) Whether the conviction is directly related to the duties and responsibilities of that employment position or occupation; (2) Whether the position or occupation offers the opportunity for the same or a similar offense to occur; (3) Whether circumstances leading to the conduct for which the person was convicted will recur in the position or occupation; and (a) The lengh of time since the offense occurred; sec. 6. Notification of Denial of Employment or Disquatification from occupation [a) If an employer, hiring authority, or licensing authority intends to deny an applicant a position of employment or intends to disqualify an applicant from pursuing practicing or engaging in any occupation for which a license is required, solely or in part because of the applicant's prior conviction of a crime, the employer, hiring authority, or licensing authority shall notify the applicant in writing of the following prior to a final decision: (1) (2) t3) NELP I FAIR CHANCE BEST pRACflCES & MODEL pOLtCtES I ApRil_ 2015 (1) Identify the conviction item(sJ that are the basis for the potential denial or disqualification; (2) Provide a copy ofthe conyiction history report, ifany; and (3) Provide examples of mitigation or rehabilitation eyidence that the applicant may voluntarily provide. (b) The applicant who has been convicted of an offense which directly relates to the emplo3rment sought or to tlte occupation for which a license is sought shall not be disqualified from the employment or occupation if the applicant can show evidence of mitigation or rehabilitation and present fitness to perlbrm the duties of the employment sought or the occupation for which the license is sought (c) The applicant shall have ten (10) business days, after issuance ofthe notice, to respond with any information, including challenging the accuracy ofthe information and submitting mitigation or rehabilitation evidence. The employer or hiring authority shall hold the position open until it makes the final employment decision based on an individualized assessment of the information submitted by the applicant and the factors recommended by the U.S. Equal Employment Opportunity Commission (d) Evidence of mitigation or rehabilitation may be esUblished by: (1) Evidence showing that at least one year has elapsed since release from any correctional institution without subsequent conviction ofa crime; and evidence showing compliance with terms and conditions of probation or parole; or [2) Any other evidence of mitigation or rehabilitation and present fitness provide4 including but not limited to, letters of reference. (e) If an employer, hiring authority, or licensing authority denies an applicant a position of employment or disqualifies the applicant from pursuing practicing or eng3ging in any occupation for which a license is required, solely or in part because of the applicant's prior conviction of a crime, the employer, hiring authority, or licensing autlrority shall notiff the applicant in writing of the following: [1) The fina] denial or disqualificatio4 (2) The appeal process; (3) The applicant may be eligible for other employnent or occupation; and (a) The earliest date the applicant may reapply for a position of employnent or a license. Sec.7. Contractors (a) It shall be the policy of the State to do business only with contractors that have adopted and employ written policieg practices, and standards that are consistent with the requirements of Sections 1-6. [b) SEte agencies shall review all contractors' background check policies for consistency with the policies ofthe State as expressed in Sections 1-6, and shall consider background check policies and practices among the performance criteria in evaluating a contract" NELP I FA|R CHANCE BEST PRACT|CES & MODEL pOUCtEs I ApRtL 2O1S 1t Sec. 8. Compliance (a) The employer shall retain application forms, records of employment, and other pertinent data and records required under Sections 1-6 including but not limited to, communication with the applican! for a minimum of three years, and shall allow the Enforcement Agency access to such records to monitor compliance with Sections 1-6. Any person who is aggrieved by an employer's violation of these provisions may contact the Agency to report any problems, concerns or suggestions regarding the implernentation, compliance and impact of these sections, and the Agenry shall keep a record. In addition, the Agency shall conduct periodic reyiews to assess compliance witl these sections. The Agency shall investigate and review complaints. The Agency shall report quarterly on complaints, investigations, and reviews. (b) The employer shall maintain a record of the number of positions requiring background checks and for those positionq shall maintain a record of the number of applicants and the number of applicants who were provided a conditional offer. In additiory the employer shall maintain a record of the number of applicants with a record for a position: (a) who were provided a pre-adverse action notice; (b) who provided evidence of mitigation or rehabilitation; (c) who were provided a final adverse notice; and (d) who were hired. Public employers shall also regularly conduct a confidential, anonymous survey of employees in public employment positions, in which background checks are not conducted, to determine the number of people with records hired. [c) Any appeals or complaints or grievances concerning violations of these sections by public employers shall be processed and adjudicated in accordance with established State procedures. [d) The State Personnel Department shall conduct an audit to review the State's hiring practices in an effort to ensure that people with records are not unreasonably denied employment with the State. IIF ADDING PRIVATE EIvIPI,OYERS, THEN ADD:] (e) The Enforcement Agency may issue a fine of up to $ 1000 for a first violation of Sections 1-6 and provide counseling to the private employer to ensure future cornpliance. Subsequent violations are subiect to fines ofup to $2000 per violation. In addition, an individual may bring a civil action in any court of competent jurisdictiop against the ernployer or other person violating Sections 1-6, and upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to renredy the violation including, but not limited to damages, injunctive relief and reasonable attorney's fees and costs. where an employer does not maintain or retain adequate records documenting compliance or does not allow the Enforcernent Agency reasonable access to such records, it shall be presumed that the employer did not comply, absent clear and convincing evidence otherwise. Sec" 9. Application The provisions of these sections shall prevail over any other laws and rules which purport to govern the granting denial, renewal, suspension, or revocation of a license or the initiation, suspension, or termination of employment on the grounds of conviction of an offense. In deciding to gran! deny, revoke, suspend, or renew a license, or to deny, suspend, or NELP I FA|R CHANCE BEST pRACflCES & MODEr pouoEs I ApRil_ 2015 terminate employment for a lack of good moral character or the likg tlre hiring or licensing authority may consider evidence of conviction of an offense but only in the same manner and to the same effect as provided for t}rese sections. Nothing in tlese sections shall be construed to otherwise affect relevant proceedings involving the granting denial, renewal, suspension, or revocation of a license or the initiation, suspensio0 or termination of employment r O 2015 N.tional tmPbym.nt taw Project. This report is correrad by thc Crcrtivc Comrnom 'Attributbn-Noncomrncrciel-l{oDcriw' lkcnsc fec lrc€ httg:llctctlivxommons.oq/lkcnres|. For furthcr inquirics, ple.sG Gontrct Ntlp (nehendp.orfl. NELP I FA|R O{AilCE BESr pRACflCES & MODEL pOuCtES I ApR[ 2015 Commission Meeting Agenda 12/20/2016 2:00 PM Compensation Planning and Development Board Department: Department: Caption:Update on the status of approved compensation paid to the Planning & Development Board. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Gold Cross Contract Department: Department: Caption:Update on the new contract with Gold Cross and finding solutions to resolving this issue: 2) Request Gold Cross representatives to be present for discussions: 3) Update from the Administrator on progress and process of negotiations of new contract . (Requested by Commissioner Wayne Guilfoyle) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: lo: Subject: Commissioner Wayne Guilfoyle Wednesday, December 07,20L6 2:03 pM Lena Bonner Gold Cross L,ena, can you put on the Administrative Committee r. Update of the new contract with Gold Cross and finding solutions to resolving this issue.z. Request Gold cross representatives to be present for discussions. 3. Update from the Administrator on progresi and process of negotiations of new contract . Thank you, Walme Sent from my iPad Please consider the environment before printing this email. This e-mail contains confidential information and is intended only for the individual named. 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If verification is required, please request a hard copy version.AED:ro4.r Commission Meeting Agenda 12/20/2016 2:00 PM Hawthorne Welcher Laney-Walker Project Department: Department: Caption:Five (5) minute update/presentation from Director Hawthorne Welcher, Augusta Housing & Community Development Department regarding the Laney-Walker/Bethlehem Revitalization Initiative. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Motion to Approve Personnel Policies Department:Human Resources Department:Human Resources Caption:Motion to approve the twenty-four (24) policies submitted by the PPPM subcommittee as developed by the consultant and for the Administrator to develop a personnel procedures manual and bring back an appropriate ordinance to abolish the current PPPM. Background:Augusta, GA Human Resources was asked to prepare policies to cover personnel activities for Augusta, GA. The last time the manual was updated was in 2011. A consultant was hired to recommend best practices. The consultant developed and recommended 24 policies to guide the actions of the personnel department. The goals of this review was to separate policies from procedures thereby reducing the number of actions to be taken by the Commission, the review the current policies to reflect changes in law and to build in best practices. The Administrative Services Chair appointed a subcommittee consisting of Commissioner Lockett Subcommittee Chair, and three commissioners; Commissioners Williams, Smith and Hasan Analysis:There has been a series of meetings between the subcommittee and the consultant discussing possible policies and determining appropriate oversite responsibilities. These meetings have resulted in 24 policies being developed to replace the current Personnel Policies and Procedures Manual (PPPM). Following approval of the policy statements, small committees will begin work with the consultant on reviewing and revising procedures. Financial Impact:There is not any direct financial impact to adopting these policies. Alternatives:Keep the current Personnel Policies and Procedures Manual (PPPM). Cover Memo Recommendation:Approve the recommendation of the subcommittee. Funds are Available in the Following Accounts: Not Applicable REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Index Decemb er 12, 2016 After Policies pppM I Conflict (Dispute) Resolution 8.0 (A) 2 Conflict of Interest 3.0 3 Corrective Action 3.0 4 Discharge from Employm ent 2.0 5 Equal Employment Opportunity policy 4.0 6 Fair Chance Policy 9.0 7 General Provisions 5.0 8 Holidays 3.0 9 Hours of Work 6.0 10 Leaves of Absence 4.0 11 Layoff and Recall 3.0 12 Performance Evaluation 2.0 13 Personal Appearance and Dress Code 2.0 1 4 Position Classifi cation 2.0 15 Probationary Period 6.0 l6 Retaliation and Whistleblowing 3.0 17 Safety 3.0 l8 Severance Pay 3.0 19 Substance Abuse 7.0 20 Use of Augusta Georgia Technology Equipment and Property 4.0 2l Affirmative Action 2.0 22 Attendance and punctuality 1.0 23 Employee Records 1.0 24 Hiing 4.0 ( i Conflict (Dispute) Resolution 8.0 December 9,Z;OLG 1.0 POLICY SUMMARY This policy provides direction and authority to resolve employment related disputes. lt provides for two internal procedures: one for complaints alleging improper termination of employment; and one for any othel non-excluded, employment related dispute that does not involve termination of employment. lf a dispute is not resolved with internal procedures, the parties may submit the dispute to voluntary external mediation (Step 5), and if needed, may appeal to the Richmond County Superior Court. All internal appeals with the exception of those related to unlawful discrimination or harassment end with the Administrator as the final review unless the issue is resolved at a lower level. 2.0 POLICY STATEMENT: A. General It is the poliry of Augusta, Georgia to facilitate the fair, equitable and timely resolution of disputes arising from employment with Augusta, Georgia. The goal of the dispute resolution process is for the parties to the dispute-to exchange and review information in order to determine whether revision or rescission is warranted of an employment action, corrective action, discharge or other end of employment, or other application of policy, ('tovered employment dispute"). INTERNAT With all disputes an employee is encouraged initially to attempt to resolve the issue informally with his or her immediate supervisor with advice and counselfrom the Human Resources Department, (Step 1), although this is not required and-does not extend the deadline for filing a written complaint (see Section D. (Timeliness)). #1 !.. Page 1 of 6 J {' *''^ t /'t "/1' 111 t t #1Conflict (Disputel Resolution 8.0 December 9,2016 Disputes NOT involvine allegations of unlawful discrimination or harassment lf informal discussions cannot resolve a covered employment dispute that does not involve allegations of unlawful discrimination or harassment, it should be submitted initially to the employee's chain of command, to be addressed, in accordance with department procedure, by a manager(s) who was not involved in the dispute ("Department Review"). This step (Step 2) maybe skipped if all the managers in the Department were involved in the decision that is the subject of the dispute. NonTermination lf the Department Review does not resolve a non-termination_dispute it should be submitted to the Administrator's office who will have final internal authority to resolve the dispute (Step 4). Step 3 does not apply to non-termination appeals which do NOT involve allegations of unlawful discrimination or harassment). Termination lf the Department Review (Step 2) does not resolve a termination dispute, it should be submitted to the Personnel Board ("Board"), (Step 3). The Board will be composed of ten (10) individuals, one from each of the Commissioner districts. Member of the Board will serve for four (4) year terms and may serve no more than 2 consecutive terms. ln order to be qualified to serve on the Board an individual should have professional or academic experience in employment relations. The Board shall issue an award with thirty (30) days of the close of the hearing, or submission of post hearing briefs, whichever is later. The award of the Board shall be in writing which shall set forth the reasons for its decision regarding the dispute. Augusta, Georgia will pay the costs to administer the Board and the fees of the Board membe(s). Each party will bear their own costs. lf the Board proceeding does not resolve the termination dispute, it should be submitted to the Administrator's office who will have final internal authority to resolve the dispute, (Step 4). The Administrator's office may receive information and evidence related to the dispute, but must maintain a record of such information and evidence including a transcript of any testimony. At any of those proceedings, the employee can be awarded a make whole remedy, but may not be awarded damages for emotional distress or punitive damages. EXTERNAT Disputes that are not resolved through the Equal Employment Opportunity Complaint Resolution Procedures or at the Administrator's Office may be submitted to External Mediation, (Step 5) by joint atreement. Page 2 of 6 L Conflict (Dispute) Resolution 8.0 December 9,20tG An individual's acceptance of employment with or an employee's continuing employment with Augusta Georgia constitutes an agreement to use and abide by this Policy. This Policy does not preclude an employee from filing an administrative complaint with a state or federal government agency. B. Retaliation An employee who files a complaint or participates in the complaint process shall not be retaliated against. C. Scope 1. Disputes Within the Scope of this Policy A complaint is a written claim by an employee regarding a specific management action(s) that is alleged to have: a. adversely affected that employee's existing terms and conditions of employment in a materialway, and b. violated a provision of the Personnel Policies or Procedures or c. constituted unlawful discrimination or harassment 2. Disputes Outside the Scope of this eolicy a. Concerns or inquiries regarding classification standards, benefits, salary rates for job titles, salary ranges for job classifications, or the contents of the personnel policies. These concerns or inquiries may be submitted to Human Resources for consideration. b. With the exception of a corrective salary decrease (which is within the scope of this poliry), concerns or inquiries regarding an individual employee's rate of pay or change in rate of pay, unless the employee's complaint alleges that the action was taken for unlawful discriminatory or retaliatory reasons in violation of the Equal Employment Opportunity Policy. These concerns or inquiries may be submitted to Human Resources for consideration. c. A request for review of a decision on the classification of a position. d. A management action taken pursuant to a policy or procedure, unless the complaint alleges that the action was taken violated the terms of the policy or procedure, or for unlawful discriminatory or retaliatory reasons. D. Timeliness For the steps within this Policy prior to the Board, the employee must file a written complaint with Human Resources or the Compliance Office within 30 calendar days after the date on which the employee knew or could reasonably be expected to have known of the event or action that gave rise to the complaint, or within 30 calendar days after the date of separation from employment with Augusta, Georgia, whichever is earlier. Dl lf the complaint alleges a series of policy violations or pattern of management actions that are subject to review under this policy, the complaint must be filed within 30 calendar days after the most recent alleged policy violation or management action. Page 3 of 6 (- Conflict (Disputel Resotution 8.0 #t December 9,2OtG D2 For a complaint regarding a layoff, the employee must file the written complaint within 30 calendar days after the effective date of the layoff. tf a laid off employee is alleging violation of his or her recall or preference for reemployment rights, the employee must file the complaint within 30 calendar days after the date on which the employee could reasonably be expected to have known of the alleged violation, but no later than 30 calendar days after the employee's recall or preferential reemployment eligibility period ends, whichever is earlier. D3 To file a complaint to be heard by the Board, the employee or Augusta, Georgia must file a written complaint within the statute of limitations that governs the cause of action alleged in the complaint. D4 A complaint is considered "filed" on the date it is postmarked, the date it is personally delivered, the date it is faxed, or the date it is emailed. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator. 5.0 APPLICABILITY This Policy is applicable to all employees except SES employee. 6.0 DEFINITIONS 6.1 Unlawful discrimination - an employment decision made in whole or in part on a status protected by law or Augusta's Equal Employment Opportunity Policy. 6.2 Unlawful Harassment - Unwelcome conduct involving any status protected by law or Augusta, Georgia's Equat Opportunity Policy which has the effect of unreasonably interfering with the terms and conditions of employment of an Augusta, Georgia employee. 6.3 Termination dispute- A complaint by an employee that his or her employment with Augusta, Georgia was terminated unlawfully or in violation of Augusta, Georgia policy. Page 4 of 6 {t'y'*it; #1 I Conflict (Disputel Resolution 8.0 December 9,Z:OLG 6.4 Non-Termination Disputes - Any covered employment dispute not involving a termination of employment or excluded under section 2.0, C 2 above. 6.5 Compliance Office - Created and monitors all activity to insure that no person witl encounterl discrimj nation i n emptoyment. f*tc,'A L6***r,r'* 6.6 lnternairesolution - Attempts to resolve the dispute within the authority of Augusta, Georgia. steps 1 through 5 of the conflict (Dispute) Resolution Policy 6.7 External resolution - lndependent agencies outside the jurisdiction of Augusta, Georgia. 6.8 Covered Employment Dispute - Except as set forth in section 2.0, C2, any employment action taken byAugusta, Georgia, including corrective action, discharge or other end of employment action, or other application of Augusta, Georgia's Personnel Policies and Procedures. G.9 personnel Board ("Board") - The Board will be composed of ten (10) individuals, one from each of the Commissioner districts. Member of the Board will serve for four (4) year terms and may serve no more than 2 consecutive terms. tn order to be qualified to serve on the Board an individual should have professional or academic experience in employment relations. A selection process will be outlined in procedures. 6.10 Mediation - Mediation is a process whereby a neutral third person called a mediatoL who is jointly selected by both parties, acts to encourage and facilitate the resolution of a dispute between the employee and Augusta, Georgia. lt is a confidential, informal, non- adjudicative and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and votuntary agreement. ln mediation, the mediator is not authorized to make decisions or force a decision on any party to the dispute. The role of the mediator includes, but is not limited to, assisting the parties to identify issues, fostering joint problem solving and exploring settlement opportunities. Augusta, Georgia will pay the costs of the mediator. The mediator may suggest, but may not impose a resolution on the parties. 6.11 Complaints - A complaint is a written claim by an employee regarding a specific management action (s) that is alleged to have: a. adversely affected that employee's terms and conditions of employment in a materia! way, and b. violated a provision of the Personnel Policies or Procedures or c. constituted unlawful discrimination or harassment Page 5 of 5 : {r,. v-n-, /-i. t:)r.'ttitt #t December 9,zOLoConflict (Dispute) Resolution 8.0 7.0 REVISION HISTORY This policy was implemented.... Page 6 of 5 Conflict of lnterest 3.0 7.0 POLICY SUMMARY{ The policy addresses activities by an employee that may be considered a conflict of interest. 2.0 POLICY STATEMENT: A. General An employee shall not engage in any activities which create a conflict of interest between the employee's assigned functions and any other interest or obligation. Listed below are summaries of some of the important policies set forth in detail in the Procedures. Questions or requests forfurtherinformationshouldbedirectedtothe Administrator or desisnee. B. Performance of Duties No one employed by Augusta, Georgia shall devote to private purposes any portion of time due to Augusta, Georgia nor shall any outside employment interfere with the performance the employee's Augusta, Georgia duties. C. Gifts An employee shall comply with the provisions of state and federal law and Augusta, Georgia policy governing the acceptance of gifts and gratuities. ln addition, Augusta, Georgia employees must avoid the appearance of favoritism in all of their dealings on behalf of Augusta, Georgia. All Augusta, Georgia employees are expected to act with integrity , and good judgment and to recognize that the acceptance of personal gifts from those1'' Ooing business or seeking to do business with Augusta, Georgia, even when lawful, may give rise to legitimate concerns about favoritism depending on the circumstances. lf an Augusta, Georgia employee has any question regarding the propriety of a gift, disclosure of the gift or proposed gift, an inquiry should be made to the employee's supervisor, the Administrato/s designee €enfliet+f lnterest €eerdinater or et$€+€ppr€pdet€ the Augusta. Georgia Clerk of Commission eff,eial for a determination of the proper course of action. D. Financial Conflict of Interest An employee may not make or participate in the making of a decision if there exists a financial conflict of interest E. Employee-Vendor Relationships It is the policy of Augusta, Georgia to separate the employee's Augusta, Georgia and private interests and to safeguard Augusta, Georgia and its employees from charges of favoritism in acquisition of goods and services. Goods or services shall not be purchased from an employee or near relative of the employee unless there is a specific determination that the goods or services are not available otherwise. Augusta, Georgia credit, purchasing power, and facilities shatl be used for the purchase of goods and services that relate directly to Augusta, Georgia business and shall not be used to purchase material for an individual's or non-Augusta, Georgia activities. #2 Page 1 of 2 Conflict of lnterest 3.0 #2 3.0 COMPTIANCE RESPONSIBITITIES The Administrator's desisnee @ is responsible for this policy and has theauthoritytoimplementthepolicy.Thedesienee@andtheHuman Resources Director may apply appropriate interpretations to administer and clarify the poliry providedthat the interpretations do not result in substantive changes to the underlying poticy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources and the desisnee may develop procedures or other supplementary information tosupport the implementation of this policy. such supporting documentation requires the approval of theAdministrator rieii€ner€. 5.0 APPLICABILITY This Policy is applicable to allAugusta Georgia employees. 5.0 DEFINITIONS 7.0 REVISION HISTORY This policy was implemented.... Page2ot2 Corrective Action 3.0 ( 1.0 POLICY SUMMARY This policy describes the types of informal and formal corrective action - verbal counseling, letter of warning, written reprimand, performance improvement plan, corrective salary decrease, suspension without pay, demotion with a pay reduction and discharge - Augusta, Georgia may take to address concerns regarding the conduct or work performance of regular Augusta, Georgia employees. 2.0 POLICY STATEMENT: A. General Augusta, Georgia may take corrective action when an employee fails to meet acceptable conduct or work performance standards. The types of corrective action that can be used to provide an opportunity for an employee to correct conduct or work performance deficiencies are: written reprimand; performance improvement plan; corrective salary decrease; suspension; and demotion. Supervisors are responsible for informing employees of conduct and performance expectations as befe+e problems arise. As appropriate, any corrective action taken due to conduct or unsatisfactory work performance may be noted in the employee's performance appraisal. As appropriate, before imposing corrective action, a supervisor may conduct a Verbal Counseling or impose a Letter of Warning. The types of conduct or work performance that may result in corrective action include, but are not limited to: . failure to meet acceptable work performance standards; . unexcused absenteeism or tardiness; o insubordination; . unethical behavior; . violation of federal or state law; . theft or misappropriation of Augusta, Georgia property; . fighting on the job; . discrimination, harassment, exploitation or intimidation, including sexual; . acts endangering to employees, Augusta, Georgia citizens, visitors, or other Augusta, Georgia constituents; or . any other violation of Augusta, Georgia policies Corrective action should generally follow a course of progressive discipline that will use increasingly serious actions if there is not sufficient improvement or if there is repeated failure to correct unacceptable conduct or work performance. When determining the appropriate corrective action to use, supervisors should take into account the severity and circumstances of the situation and the employee's work history. Before imposing any form of corrective action supervisors mus[ discuss the matter with the employee; advise him of the allegations and provide him with an opportunity to respond orally, in writing or through documents or other forms of informatiofi and seek advice fr determine whether corrective action is approoriate. and if so what is the appropriate level. Supervisors are not required to use all types of corrective action and immediate discharge may be warranted in situations of serious misconduct or failure to maintain acceptable work performance standards. The process for discharging a regular employee is described in Procedure.... ln some cases, an employee may Page 1 of 3 #3 Corrective Action 3.0 be placed on a paid or unpaid leave with or without notice to investigate a conduct or workperformance issue. The process for placing an employee on an investigatory leave is described inProcedure.... B. Types of Corrective Action There are five types of corrective action that can be used in the progressive disciplineprocess; however, corrective action does not need to follow a specific order. Asappropriate, the corrective action taken should correspond to the severity andcircumstances of the situation. Discharge is the most severe and final form of discipline. All forms ofcorrective action will be placed into the employee's official personnel file in Human Resources. 1. Written Reprimand Generally, at least one written reprimand will be given to an employee prior to proceedingwith any other corrective action; however, no written reprimand will be needed if thecorrective action is a result of misconduct or work performance that an employee knowsor reasonably should have known was unacceptable. The written reprimand mustdescribe how the employee failed to meet acceptable conduct or work performance standards and what needs to be done to bring the conduct or performance to a satisfactory level. 2. Performance lmprovement plan The Performance lmprovement Plan ("PlP") is designed to facilitate constructive discussion between anemployee and his supervisor about the employee's unsatisfactory conduct or performance and whatneeds to be done to bring the conduct or performance to a satisfactory level. The plp should be written. 3. Corrective Salary Decrease An employee may be subject to a temporary or permanent corrective salary decreasewhen removalfrom the workplace is not appropriate; yet corrective action is warranted. 4. Suspension An employee may be subject to removal from the workplace and suspended for adefined period of time without pay. For exempt employees, suspension without paymust be imposed in a minimum increment of one workday. 5. Demotion An employee may be subject to a temporary or permanent demotion for oerformance or disciplinaryreasons. D. Records of Corrective Actions Records of corrective actions will be maintained in accordance with the Augusta, Georgia,s procedure....Records of corrective actions taken in response to complaints filed by members of the-public againstemployees in police titles will be retained for --- years and filed as ,.qrir.Juv rt.t" ri*. 3.0 COMPLIANCE RESPONSIBILITIES S'q"*it"" .r" t"tr Human Resources is responsible for thispolicy and has the authority to imptement the policy. rhe nurnan Resources Director may applyappropriate interpretations to administer and clarify the policy provided that the interpretations do notresult in substantive changes to the underlying policy. #3 Page 2 of 3 Corrective Action 3.0 , 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator$utdees.net+eqr . 5.0 APPLICABILITY This Policy is applicable to.... 6.0 DEFINITIONS Corrective Action: The use of increasingly serious actions Augusta, Georgia may take to address concerns regarding the conduct or work performance of regular status employees. The types of corrective action that can be used are written reprimand, performance improvement plan, corrective salary decrease, suspension, and demotion. Depending upon the seriousness of conduct or work performance issues, the employee's length of employment and prior record, Augusta, Georgia may skip some or all of types of corrective action and may impose immediate discharge. Verbal Counseling: A discussion between an employee and supervisor regarding a conduct or performance issue. The discussion should reinforce the supervisot's expectations and clarify the course of action for improvement. A verbal counseling is not a type of corrective action, but should be documented by the supervisor. Letter of Warning: A written memo to an employee to identify and.address a conduct or performance issue. The memo should reinforce the supervisor's expectations and clarify the course of action for improvement. A counseling memo is not a type of corrective action. Exempt Employee: An employee who, based on duties performed and manner of compensation, is exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. 7.0 REVISION HISTORY This policy was implemented.... #3 f: Page 3 of 3 Discharge from Employment { The policy describes the process for discharging an employee due to misconduct or the employee's failure to maintain appropriate work performance standards. 2.0 POLICY STATEMENT: A. General Regular status employees may be discharged from employment because of misconduct or failure to maintain appropriate work performance standards. Normally, discharge is preceded by corrective action (see Corrective Action Policy) unless unsatisfactory performance or misconduct warrants immediate dismissal. B. Written Reprimand When discharge is for failure to maintain appropriate work performance standards, at least one written reprimand shall precede the discharge. Discharge for misconduct does not require a written reprimand. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy' The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator rlthe4emmissiener+. 5.0 APPLICABILITY This Policy is applicable to.... 6.0 DEFINITIONS 7.0 REVIS]ON HISTORY This policy was implemented.... #4 ( Page 1 of 1 EEO Policy 4.0 November 78,20L6 1.0 POLICY SUMMARY( Augusta, Georgia is committed to nondiscrimination in employment and creating and maintaining a workplace free of harassment. 2.0 POLICYSTATEMENT: A. General It is the policy of the Augusta, Georgia not to engage in discrimination against or harassment of any individual employed by or seeking employment with Augusta, Georgia on the basis of race, color, national origin, religion, age, sex, sexual orientation, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, maritalstatus, citizenship, or service in the uniformed services. This policy is intended to be consistent with the provisions of applicable state and federal laws. B. Harassment Augusta, Georgia is committed to creating and maintaining a community in which all individuals who participate in Augusta, Georgia's programs and activities can work together in an atmosphere free of all forms of harassment, exploitation, or intimidation, including sexual. Specifically, every member of the Augusta, Georgia community should be aware that Augusta, Georgia is strongly opposed to sexual harassment and that such behavior is prohibited both by law and by Augusta, Georgia policy. lt is the intention of Augusta, Georgia to take whatever action may be needed to prevent, correct, and, if necessary, discipline behavior which violates this policy. C. Retaliation Augusta, Georgia policy prohibits retaliation against any employee or person seeking employment for bringing a complaint of discrimination or harassment pursuant to this policy. See Retaliation Policv This policy also prohibits retaliation against a person who assists someone with a complaint of discrimination or harassment, or participates in any manner in an investigation or resolution of a complaint of discrimination or harassment. Retaliation includes threats, intimidation, reprisals, andlor adverse actions related to employment. D. Complaints lnformation regarding applicable procedures for resolving complaints of discrimination and harassment and for pursuing available remedies is available from Human Resources and is described in Procedure...... 3.0 COMPLIANCE RESPONSIBILITIES Human Reseurees Compliance is responsible for this policy and has the authority to implement the policy. The Human Reseurees Comoliance Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POL]CY #5 Page 1 of 2 EEO Policy 4.0 November 78,2010 tlumaa+eseur€es compliance may develop procedures or other supplementary information tosupport the implementation of this policy. such supporting documentation requires the approval of theAdministrator +nrissiee€rs. 5.0 APPLICABILITY This Policy is applicable to ail employees and applicants 6.0 DEFINITIONS Gender: The sex of a person, incruding a person's gender identity, and gender expression. Gender expression: A person's gender-related appearance and behavior whether ornot stereotypically associated with the person,s assigned sex at birth. Gender identity: An individual's personal sense of himself/herself as being male andmasculine or female and feminine, or ambivalent. Pregnancy: includes pregnancy, childbirth, and medical conditions related topregnancy and childbirth. Service in the Uniformed Services: includes service in the uniformed services asdefined by the Uniformed Services Employment and Reemptoyment Rights Act of 1994(USERRA), as well as state military and naval service. 7.0 REVISION HISTORY This policy was implemented.... #5 Page 2 of 2 FAIR CHANCE 9.0 November L8,Z.OLG 1.0 POLTCY SUMMARY Augusta Georgia is committed to a hiring policy that affords individuals with a criminal background the opportunity to be considered for emptoyment without compromising the values or safety concerns of Augusta, Georgia and its citizens. An audit of the application of this Policy will be conducted periodically, but at least ne-.lessthan annually, in order to determine whether this Policy is being applied in a manner that does not adversely impact any demographic group. 2.0 POLICY STATEMENT: It is the policy of Augusta, Georgia to inquire about the background, criminal and otherwise, of all individuals who are considered for employment, either for a new or for a different position and to conduct a background investigation on any individual who is a finalist for selection. Arrest records will not be considered in employment decisions. Augusta Georgia will inquire into an applicant's criminal background during the initial application process. The inquiry will be part of the demographic portion of the application and the response will not be shared with the hiring manager-?tliis{ime.Jhe existence of a criminal background will not automatically disqualify an applicant from consideration. Rather; if a criminal background exists, Augusta Georgia's Human Resources Department ("Human Resources") will initially make a determination as to whether the position for which the individual applied requires an occupational licensing or certification requirement that is denied to individuals with criminal convictions by federal or state laws or regulation. ln such a situation a conviction will disqualify an individual ("targeted exclusion")and the application will be rejected. Alternatively, if a targeted exclusion is not applicable, Human Resources will make an individualized assessment of the relevance of the criminal record to the duties and responsibilities of the position ("individualized assessment"). As part of that process Human Resources will afford the individual an opportunity to explain the circumstances that lead to the conviction and present any mitigating factors. lf following the individualized assessment Human Resources determines that the candidate should be rejected, that determination will be reviewed by the EEO/Compliance department ("EEO"). lf EEO agrees with Human Resources' determination, the candidate will be rejected and not forwarded to the hiring manager. lf EEO disagrees with Human Resources' determination, then the two departments will attempt to resolve their disagreement. lf they cannot resolve the disagreement it will be referred to the Administrator for a final determination. lf based upon the results of the individualized assessment the candidate-is not rejected-Human Resources will forward the application to the hiring manager and not disclose the existence of the criminal conviction to the hiring manager. An applicant who durins the application process misrepresents his/her criminal background will be subiect to the reiection of his/her application or discharee from emplovment. lndividuals who apply to serve as volunteers for Augusta, Georgia programs may, depending upon the nature and responsibilities of the volunteer duties sought, be subjected to a background investigation as part of the application approval process. All Augusta, Georgia employees or volunteers are required to report to their immediate supervisor any arrest(s), indictment(s), and/or criminal conviction(s) by the next business day. Convictions will be subjected to the same analysis as in the application process and may result in corrective action or #6 Page 1 of 2 FAIR cHANcE 9.0 #6 November Lg,zot6 discharge' The underlying facts relating to an arrest may result in corrective action or discharge. Underno circumstances may.an employee be in paid status while incarcerated, including sheriff and FireDepartment personnel. Under direction of the General counsel an audit of the application of this policy will be conductedperiodically' but at least ne-less{han annually, in order to determine whether this policy is being appliedin a manner that does not adversely impact any demographic group. 3.0 COM PTIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. TheHuman Resources Director may apply appropriate interpretations to administer and clarify the policyprovided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURESS TO IMPLEMENT POLICY Human Resources may deverop procedures or other supprementary information tosupport the implementation of this policy. such supporting documentation requires the approval of theAdministrator, ir"i**. 5.0 APPTICABITITY This Policy is applicable to.... 6.0 DEFINITIONS individualized Assessment - The nature and gravity of the offense; when the offense occurred and theindividual's subsequent record and experience; and the nexus that the conviction has to the duties andresponsibilities of the position. Targeted Exclusions - Positions which require an occupational license or certification requirement that isdenied to individuals with criminal convictions by federat or state laws or regulations. 7.0 REVISION HISTORY This policy was implemented.... Page? of 2 'a-2.-r.,*o./; t|)/o.i c t ^ Reset All Fornt Fields Application for Employmenl Augusta, Georgia HU MAN RESOURCES DEPARTM ENT ROOM 601, MUNICIPAL BUILDING, AUGUSTA, GEORGTA 309It ly$"E.ausu$4Serg JOB LINE: {706)SZl-2305 PHONE: 1706)82t-2303 FAX: (706) E2l-2E61 ln order to be considered lbr a Inust musl PRINT. SIGN and DATE yourapDlrcatioD in INK. Position Applyine For Date Name Last First MI Current Address City State Zip Code TelephoneNumber(s) ( )()() Have you ever been employed with the City of Augusta or Richmond Counlv before?tr Yes trNo If yes, Dale Position Education Hieh School School Name and Address Did vou eraduate? Yes No Ifnot a hieh school sraduate. do vou have a GED?Yes No Technical or Business Schools School Name and Address Number of vears attended Course ofstudy Did you graduate?Degree obrained Yes [-il No Yes Ei No Colleees/Universities School Name and Address Number of veare attended Course of sfudy Did you graduate?Degree oblained Yes f-j No EYes E tto Yes [] No Yes F-{ No Yes Fil No WE ARE AN EQUAL OPPORTUNITY EMPLOYER Augusta is an Equal Opportunity Employer and does not disoiminate on the basis of racg religion, color, gender, age, national origin or disability. Applications are kept on file for 90 days. On whal date would you be available for work? Ifyou are under l8 years ofage, can you provide required proofofyour E Yes E No eligibility to work? E N/A If you are required to register with the Selective Service, can you show proof of El Yes tr No registration?inequiredofmalesages 18-26.) E NIA Are you currently employed? tr Yes E No May we conlact your presenl empltSyer? tr Yes tr No A - Are you legally etigibie ro *qr#in tire U.S.? E Yes tr No X" lS Do you have any relatives.effi'ptoyed with us? E Y,e-f '1 E No {U_\P If yes, Name -"r*f' Relation Dept .;:"-.,''', '- S ltyes,Name *.'..#' ReJqtion Dept . ",:;,' 1, -,0, fffir" you eyer ueei=Siiiryicrea o[ pte.ai Btilty or nocofrEst ro a miidenibanor?*- . Ei' yes i. Ei No '_N- Jt J 'tf yes, please givedite and exptanai'i6ii. "'' i.fl ' ' + Nr\U -\ Hur" you ever be.en convicred of, plead guilty or nfcbntest to a felony?* tr Yes E No\ 5 Ltfves,pleasegivedateandexplariaqion. i r; (i ;i i; I .i. "A misdcmernor or felony conriclion uill sot occessrrily ilKquelify i job ccndidete from bcing considcrcd for-r position, unless rpplicrble by hn'. Application for Employment Augusta, Georgia references u,ho are nol related 10 and are not : List moql recenl or currenr :.j::f::1i:::t rraining, skiils or equipmenr you are ski[ed in operaring Describe Specific loU Ouries May we contact thEemployer? compri.' applic"ril;;:il;;:tfiffi;#.:i;:f;j:rf,flT* relared to rhe Dosirion in,viich you are apptyins. (rhis may inctudc x,",.::ffi:ffi.8*:'J,',*'H'".t,H"li[i.iililyfi.{$#,#,,{ii,[]ur_i*j,q,:!.*ir#,##,r--,,r,,,,*,, dismissal' resardhss or when discoveied l undersf,nd ihri ;;; emplovmcnr prii*, i" iiiiirper*",i"i ;fi b. ilfi;o rile conairion rhsr r Fs rhe pre-cmplo'vment drug screcnins urinalvsis ,o, "rJir,nliio-'#L.nli"'r;;;;;;i!il',.,, iliJl,r* ro rhe appropriare county,cpresenrarive as a parr orrhe#fiyiil:,trdt[ilTj,L'#,3Hriiltr;T;H,Hl]]*l**]#{:d*"":T;;rj.f;"r^iffi;},:Ji"Tj.1*"r.::.::::*r:*rmlormallon COnlrincd in m' analicsria- .hi .^ .,--:a. ..^ .--- .,,nfornarion con.,ined ' n'1' uppri*r;oi,, .,a i. ".,iry'ir- ;;rffi;#,#ffi1ll :ffiidl*.ii,ni:ffii*ilj:"i"i H',:y .r:H;*;,u m:;xmil;ase n$,' ot educarional instilution ro release u'r inroinoiiln'*n'ruin 9- , ;i.i;;i.ffii'?i" iiJ111 gTl *y1 r hcreby rercase any individual providingre4uesred ioformation from all liability and agrei ;;;;;;;;marion or orher crai* oorJo',rpon oaemen* B.udc ro 8ny rcprcsrnralave of Augusa. Signature of Applicant Date flote Qoertioi!helc-/--n,---r-*-t'yt o z.i t ^ APPLICANT DATA SHEET Note: A prior conviction witt not arbitrarily disqualify any applicant from employment with Augusta' . GeorgiaSuRuEY rNsrRUCrroNspAT,+ e*tod rs uaeJi;Eev The Augusta government is an equal opportunity emilloyer committed to the policies and principles of affirmative action. To help us comply with federal equal opportunity record- keeping requirements, please answer the questions on this survey. This information rvill assist the Human Resources Department in ensuring that our recruitment efforts are reaching all. areas in the community and thar all protected classes are represented in our applicant pool. This data will be used in periodic government reporting and will be kept in a confidential file separate from the Application for Employment. Failure to submit this data will not in any way effect your present or future employment. L Ethnic Background (Please check only one): Caucasian (Not of Hispanic Origin)tr Hispanic African Ameri-qn (Not of Hispanic Origin) e. lI American lndidn/Alaskan Native f. I--r lti lf AsianiPacific Islander I--'i Other b. n Female 5. Horv did you hear about this job? (Please check all that apply) d e, f. e. f. a.fi b. llc.tr ,rrj a. l-,r Male,:.- i a. b. c. d. e. _ Local Newspaper _ State Employment Agency _ Minority Organization Job Announcemgnl Job Line Internet Other f._g._h._ _ Professional Publication i. _Curent Employee NAME DATE OF APPLICATION TITLE OR POS]T]ON FOR WHICH YOU ARE APPLYING Applicants are considered for all positions without regard to raceo color, religion, gender, national origin, age or disability. General Provisions 5.0 1.0 POLICY SUMMARY This policy provides direction and authority regarding personnel policies applicable Augusta, Georgia employees, officers and volunteers' 2.0 POLICY STATEMENT: A. Application of Personnel Policies The Personnel Policies for Employees describes the employment relationship between employees and effieersi and Augusta, Georgia. These policies, and their implementing procedures, describe certain rights, benefits, expectations and obligations which define the employment relationship. Augusta, Georgia management retains all other rights and prerogatives in order to manage the oreanization m{Jni€ipe+:lt# so that it may attain its mission. Subiect to the approval of the Adminisirator. or delesate. these policies may be supplemented by the terms of a Memorandum of Understanding entered into by some employees and Augusta, Georgia, but in case of a conflict between these policies and the Memorandum, the policies shall prevail. B. EmPloYees Covered These policies apply to all employees of Augusta, Georgia, and by adoption of Augusta, Georgia's elected officers to the employees within their offices, and all boards, commissions and authorities, unless specifically excluded by these policies or by other state law or Augusta, Georgia ordinance. These policies are not and do not form an express or implied contract between Augusta, Georgia and its , employees. Department Directors and SES emplovees are at-will employees. The Administrator shall have the right to recommend appointment and discharge of Department Directors to the Commission and the Commission shall, at its sole discretion, approve or deny such recommendation. The Administrator, Clerk of Commission, Director of Equal Employment Opportunity and Minority and Small Business Opportunities, and General Counsel shall be appointed and discharged directly by the Augusta, Georgia Commission. The Mayor shall have the authority to appoint and terminate any employee who is a direct and sole report to the Mayor and is responsible for performing duties in support of the Office of the Mayor. Nothing in these personnel policies and procedures should be construed as allowing SES employees or employees of elected officials to attain a property interest in their positions. However, exclusion from all or part of these policies does not exempt any emplovee ene from equal employment opportunity practices that may be required by state and federal laws. C. Amendments These Personnel Policies may be amended only by the Commission. D. Delegation of Authority and lmplementing Procedures . Authority for implementing these policies is set forth in each policy. EmployeesL, *7 Page 1 of 2 General Provisions 5.0 should consult the implementing procedures and department regulations in addition to the policies setforth here for further information regarding their employment relationship with Augusta, Georgia. 3.0 REVISION HISTORY This policy was implemented.... 4.0 Definitions Page 2 of 2 Holidays 3.0 ( 1.0 PoLtcY sUMMARY #8 The purpose of this policy is to permit Augusta, Georgia to provide eligible employees with paid time off for specific holidays as directed by action of Augusta, Georgia Commission. 2.0 POLICY STATEMENT: It is the policy of Augusta, Georgia to provide its employees with eleven (11) paid holidays each year. The following holidays will be observed: New year's day Martian L. King Jr. day Good Friday MemorialDay lndependence Day Labor Day Veteran's Dav Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Holiday schedules for the subsequent year will be announced in November of each year by the Administrator. Certain Departments may observe alternate holiday schedules. A. Holiday Pay a. Employees who work a standard schedule, e.g.,7 .5 hours per day, 5 days per week will be etigible to receive 7.5 hours of holiday pay for each holiday. b. Employees who work an alternative schedule of 12 hours per day will be eligible for -hours of holiday PaY Per Year.c. Employees who work an alternative schedule of 24 hours per day will be eligible for -hours of holiday pay Per Year. d. Some employees may be required to work on holidays. Employees who are required to work on a scheduled holiday will receive either pay or compensatory leave at a rate of one and one half times their regular rate of pay for all hours worked in addition to their holiday pay, in accordance with department procedure. B. Eligibility - Employees must work or be on approved leave on their scheduled work days before and after the holiday in order to receive holiday pay. Contract, temporary and part-time employees are not eligible for holiday pay. C. Employees who are on paid time off when a holiday occurs will not have their paid time off account charged for the holidaY. 3.0 COMPLIANCE RESPONSlBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO ]MPLEMENT POLICY Page 1 of 2 Holidays 3.0 Human Resources may develop procedures or other supprementary information tosupport the implementation of this policy. such supporting documentation requires the approvat of theAdministrator, but does not require the approvar of the commissioners. 5.0 APPLICABILIW This Policy is applicable to.... 6.0 DEFINITIONS 7.0 REVISION HISTORY This policy was implemented.... #8 Page 2 of 2 Hours of Work 6.0 ( 1.0 POLICY SUMMARY This policy provides guidelines for departments to schedule reasonable and flexible work hours and locations for employees as well as to provide convenient and consistent hours for citizens to transact business with the Augusta Georgia 2.0 POLICY STATEMENT: A full-time employee works a schedule of at least 37.5 hours per week. Employees working a schedule of less than 37.5 hours per week are part-time. The normal hours of operation for Augusta, Georgia are 8:30 am to 5:00 pm Monday through Friday. The standard workday is at least 7.5 hours. Unless otherwise indicated, official statements including policy and handbook references to "workday'' mean a 7.5-hour period. Each Department Director, with the approval may establish alternative work schedules for the Department or subunits within the Department as necessary for the operation of their Department to best meet the needs of Augusta, Georgia and its citizens. For most jobs, an unpaid, 50-minute meal break is required. ln addition, Departments may provide two (2) fifteen-minute paid breaks, typically one in the morning and one in the afternoon. These breaks may not be used to cover missed time, to extend the meal period or taken at the beginning or end of the workday. The supervisor is responsible for scheduling both tvpes of these breaks. It is the policy of Augusta, Georgia to promote general work efficiencies and to comply with its accommodation obligations by permitting Department Directors to authorize individual employees to work alternative work schedules or at alternate work locations for all or part of their workweek. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator . 5.0 APPLICABILIW This Policy is applicable to.... 6.0 DEFINITIONS 7.0 REVISION HISTORY This policy was implemented.... #9 Page 1 of 1 i Leaves of Absence 4.0 #10 1.0 POLICY SUMMARY This poticy provides direction for the accrual, use and recording of all paid and unpaid leave available to eligible employees. Augusta, Georgia understands and appreciates that employees require time away from work for a variety of reasons. To that end, Augusta, Georgia provides a full array of time off policies to help eligible employees integrate work and personal obligations. This policy explains the types of time off benefits available to assist employees in managing events requiring time away from work. lt also explains what responsibilities employees have with respect to certain leaves of absence' 2.0 POLICY STATEMENT: A. General Leave Provisions Augusta, Georgia's policy is to administer requests by employees for time off from work fairly and to treat similarly situated employees consistently. Eligibility and leave entitlements vary under the FMLA, and other legislated leave provisions. ln determining whether time off or a leave request should be granted and whether paid leave is appropriate, supervisors should, at a minimum, consider the reason for the request, any applicable policy provisions, and the impact the absence will have on Augusta, Georgia's operations. Employees are responsible for informing their supervisors in advance of the need to take time off if foreseeable, or as soon as possible under the circumstances, depending on the nature of the leave. B. Annual Leave Augusta, Georgia provides annua! leave to eligible employees for personal use, such as rest, relaxation, and renewal. Consistent with this objective, Augusta, Georgia encourages employees to use their accrued annual leave each year, but caps the amount of annual leave that maybe accrued. C. Sick Leave Augusta, Georgia provides paid sick leave to continue the salary of eligible employees who are absent from work because of illness or injury, medical appointments, for parental bonding, family illness or while on other Leaves as outlined within this policy. sick leave accrual is capped as set forth in the Procedures. D. Famity and Medical and Other Life Event Leaves Augusta, Georgia provides leave to eligible employees under the Family and Medical Leave Act ("FMLA"), as well as for personal matters such as pregnancy, attendance at funerals for immediate family members, jury or civic duty, days of mourning, emergency or personal reasons. Qualifying reasons for FMLA leave include: the employee's own illness; the illness of an employee's immediate family member; parental bonding; military caregiver; qualifying exigency; and Military Spouse/Domestic partner Leave. Leave will also be provided for employees who sustain injury or illness while working consistent with the requirements of Georgia Worker's Compensation. Leaves and benefits thereunder for these purposes may overlap and may therefore run concurrently. E. Military Leave Page 1 of 5 Augusta' Georgia provides, benefits and reinstatement rights for employees who elect or are called tomilitary service or training in accordance with the Uniformed services Emptoyment and Re-EmploymentRights Act of 1994 (USERRA) and Georgia law. F. Beieavement Leave Employees on the active payroll shall receive up to three (3) consecutive, paid days of bereavementleave when a death occurs in their immediate family and up to seven (7) consecutive, paid days whenmultiple deaths occur in their immediate family for regulariy scheduled work days. Employees who workalternative schedules will be provided a comparabt. .rornt of bereavement leave by theirDepartments' lmmediate family is defined as parent, grandparent, spouse, child, grandchild, brother,sister, mother-in-law, father-in-law, brother-in-law, sister-in-law and domestic partner. Bereavementleave will normally be taken within ten (10) calendar days following the death (fourteen (14) daysfollowing multiple deaths) Extraordinary circumstances will be handled on a case-by-case basis. G. Jury or Witness Duty An employee who is called for jury duty or receives a court summons to appear as a witness in a judicialproceeding in which the employee is neither a party in nor a real party of interest in the judicialproceedings during working hours (witness duty) will receive his or her full pay. A copy of the summonsfor jury or civic duty that is received by the employee must be furnished to the Department Directorbefore jury or civic duty leave begins. Employees called for jury or witness duty are excused fromreporting for work only for the time required traveling to and from the courthouse and the time actuallyon jury or civic duty' lf the court releases an employee lotner than a Firefighter) from jury or witnessduty during normal work hours, he/she must return to his or her department as soon as possible. Theemployee will retain any compensation paid by the court. H. MedicalLeave A Medical Leave of Absence may be granted to employees who have completed their probationaryperiod for periods in excess of those covered by the FMLA when the employee is unable to work due tohis medical condition' such leaves may be for up to thirty (30)carendar days and may be extended forup to a total of three (3) consecutive months upon presentation of a physician,s statement verifying thatthe employee is unable to perform his position duties because of an occupational or non-occupationalmedical condition. A medical leave' when combined with other leaves taken consecutively or for the same medicalcondition may not exceed six (6) months. lf an employee returns from Medical Leave after FMLA leaveexpires but prior to six (6) months, the employee wi[: 1' Be allowed to fi, a position herd by a temporary emproyee, or temporaryagency personnel, provided that the individual is qualified to perform theposition's duties; or shall Leaves of Absence 4.0 #10 Page 2 of 5 Leaves ofAbsence 4.0 #10 2. Be offered any open position in the employee's previous job classification for which the employee is qualified. l. Personal Leave Limited personal leaves of absence may be granted upon request of employees who have completed their probationary period. Such leaves shall be not more than thirty (30) calendar days. A maximum of two (2) extensions may be approved by Augusta, Georgia. J. Worke/s Compensation All aspects of Workers Compensation are governed by Georgia State Worker's Compensation law. The procedures under this policy will provide guidance and information to employees who assert that they have been injured in the course and scope of employment with Augusta, Georgia regarding the benefits and time off available to them. K. Statutory Compliance lf applicable state or federal law requires the Augusta, Georgia to offer any leave in a manner that would be more generous to employees than is currently provided in this policy, Augusta, Georgia will comply with the law. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy, provided that Risk Management is responsible for and will apply appropriate interpretations to administer and clarify the Worker's Compensation policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy, provided that Risk Management will develop procedures or other supplementary information to support the implementation of the Worke/s Compensation policy. SuchsupportingdocumentationrequirestheapprovaloftheAdministrator@ @. 5.0 APPLICABILITY This Policy is applicable to allAugusta, Georgia employees. 5.0 DEFINITIONS Covered active duty or callto covered active duty status: For purposes of Family and Medical Leave - Qualifying Exigency Leave, "covered active duty or call to Page 3 of 6 Leaves of Absence 4.0 #10 covered active duty status" is defined as (1) in the case of a member of the regutarArmed Forces, duty during the deployment to a foreign country or (2) in the case of amember of the Armed Forces Reserve, duty during the deproyment to a foreigncountry under a Federal call or order to active duty in support of a contingenJyoperation, during a war, or during a national emergency dlclared by the president orCongress so long as it is in support of a contingency operation. covered servicemember: For purposes of Family and Medical Leave - Miritarycaregiver Leave, a "covered servicemember" is a current member of the Armed Forces (including amember of the National Guard or Reserves) who is undergoing medical treatment, recuperation, ortherapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list; ora covered veteran who is undergoing medicar treatment, recuperation, or therapy fora serious injury or illness. covered veteran: For purposes of Famiry and Medicar Leave - Miritary caregiverLeave, a "covered veteran" is an individual who was a member of the Armed Forces(including a member of the Nationar Guard or Reserves), and was discharged orreleased under conditions other than dishonorable at any time during the five-yearperiod prior to the first date the eligible employee takes FML to care for the coveredveteran. lmmediate Family members: Except for purposes of Family and Medical leave, an employee,sspouse, domestic partner, children (including children of the employee,s domesticpartner), parents, siblings, grandparents, and grandchildren. step-reratives, in-laws,and relatives by adoption are included on the same basis as the above-listed bloodrelatives' lf an employee was raised by persons other than his/her biological parents,these individuals also are included in this category. Likewise, if an employee is raisinga child who is not his/her biological child, that child is included in this category. Family members for purposes of Famity and Medicar Leave: an emproyee,sspouse, domestic partner, children who are under 1g years of age or incapable ofself-care because of a mental or physical disability (including chiidren of theemployee's domestic partner), and parents. step-relatives and relatives by adoptionare included on the same basis as the above-listed blood retatives. ln-laws are notincluded' lf the employee was raised by persons other than his/her biological parents,these individuals are also inctuded in this category. Likewise, if an employee is raisinga child who is not his/her biological child, that child is included in this category. tf theemployee is taking Military caregiver Leave to care for a son or daughter who is acovered servicemember, the son or daughter may be of any age. Family and Medicar leaves: Leaves that Augusta, Georgia offers emproyees forspecified family and medical reasons, consistent with the federat Family and MedicalLeave Act (FMLA), and as set forth in the appticable procedures. Family and Medical leave Act: A federar raw that ailows an emproyee to take unpaidleave (1) due to the employee's serious health condition (incluiing disability resultingfrom pregnancy, childbirth or related medicalcondition), (z)to caie for certain familymembers if they have a serious health condition, (3) to bond with his/her new child Page 4 of 5 Leaves of Absence 4.0 #10 a after the child's birth or placement with the employee for adoption or foster care, (4) for Military Caregiver Leave, or (5) for Qualifying Exigency Leave. ln loco parentis: For purposes of Family and Medical Leave, a person stands "in loco parentis" to a child if the person has day-to-day responsibilities to care for the child or financially supports the child. Next of kin: For purposes of Family and Medical Leave - Military caregiver Leave, "next of kin" is either (a) the nearest blood relative of the covered servicemember (other than the covered servicemember's spouse, domestic partner, parent, son or daughter) or (b)the person who the covered servicemember has designated in writing as his/her nearest blood relative for purposes of Military caregiver Leave. outpatient status: For purposes of Family and Medical Leave - Military caregiver Leave, "outpatient status" is the status of a servicemember assigned to a military medical treatment facility as an outpatient, or assigned to a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. Parent of a military member: For purposes of Family and Medical Leave - Qualifying Exigency Leave, a "parent of a military member" is a military membe/s biological, adopted, step or foster parent or any other individual who stood in toco parentis to the military member when the military member was a child. The definition does not include parent's in-law. Parent of a covered servicemember: For purposes of Family and Medical Leave - Military Caregiver Leave, a "parent of a covered servicemember, is a covered servicemember's biological, adopted, step or foster parent or any other individual who stood in loco parentis to the covered servicemember when the covered servicemember was a child. The definition does not include parent's in-law. Period of military conflict: For purposes of Military Spouse/Domestic Partner Leave, a "period of military conflict" is a period of war declared by the United States Congress, or a period of deployment for which a member of a reserve component is ordered to active duty as defined in Military & Veterans code section 395.10. Qualified Member: For purposes of Military spouse/Domestic partner Leave, a "qualified member" is a person who is (1) a member of the Armed Forces of the United states who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States, (2) a member of the National Guard who has been deployed during a period of military conflict, or (3) a member of the Reserves who has been deployed during a period of military conflict. serious injury or illness of a covered servicemember: For purposes of Family and Medical Leave - Military caregiver Leave, a serious injury or illness of a covered servicemember is (a) for a current member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred or aggravated by the covered servicemember in the line of duty on active duty in thef, Page 5 of 6 Armed Forces that may render the servicemember medicaly unfit to perform theduties of his/her office, grade, rank, or rating; and (b) for a veteran of the ArmedForces, an injury or illness that was incurred or aggravated in the tine of duty on activeduty in the Armed Forces and manifested itself before or after the member became aveteran. single 12-month leave period: For purposes of Family and Medical Leave - Militarycaregiver Leave, a "singre 12-month reave period,, means the period beginning on thefirst day the employee takes leave to ..r" io, the covered servicemember and ending12 months after that date. son or daughter of a military member: For purposes of Family and Medical Leave _ Qualifying Exigency Leave, a son or daughter of a miritary member is of any age andis a biological, adopted, or foster chird, stepchird, or regai ward of a miritary member orsomeone for whom the military member stood in loco parentis when that person was achild. Leaves of Absence 4.0 7.0 REVISION HISTORY This policy was implemented.... #10 Page 6 of 6 LAYOFF and RECALL 3.0 #17 September 8,20!6 1.0 POLICY SUMMARY( This policy provides direction and authority to effectuate permanent and temporary layoffs and permanent and temporary reductions in employee work schedules when reductions in the workforce or reductions in employee work schedules are necessary to support Augusta Georgia's needs, and to recall laid off employee(s) when vacancies occur. 2.0 POLICY STATEMENT: A. General It is the policy of Augusta, Georgia to minimize the effects of permanent layoffs and reductions in employee work schedules on regular status employees when reductions in the workforce or reductions in employee work schedules are necessary due to lack of work, lack of funds, including lack of work, elimination of a position(s) or other material changes in the duties, responsibilities, or structure of the Augusta, Georgia organization due to reorganization. lf, in the judgment of Augusta, Georgia, budgetary or operational considerations make it necessary to curtail operations, reorganize, reduce the hours of the workforce and/or reduce the workforce, staffing levels will be reduced in accordance with this policy. lt is solely Augusta, Georgia's responsibility to determine the need for layoffs, the classifications of employees to be laid off, and the layoff unit, and the number of e off. To minimize the effects of indefinite layoff or reduction in employee work schedules, Augusta, Georgia will give regular status employees opportunities for reassignment or transfer prior to permanent layoff ( or reduction in employee work schedules when reassignment or transfer opportunities arise and are' operationally feasible. B. Temporary Layoff or Temporary Reduction in Time An employee will be given written notice of the effective date and the ending date of a temporary layoff or temporary reduction in schedule. Periods of temporary layoff or temporary reduction in schedule need not be adjacent; however, periods of temporary layoff or temporary reduction in schedule will not exceed a cumulative total of four (4) calendar months in a calendar year. An employee may be temporarily laid off or temporarily reduced in schedule irrespective of length of service or classification, and is ineligible for the right to recall or preference for reemployment. Accrued sick leave will not be used during tempot:ary layoff. lf an indefinite layoff or indefinite reduction in time should occur during a temporary layoff or temporary reduction in time, the procedures for permanent layoff or reduction in employee work schedules will apply.Aususta. Georgia will inform emplovees who may be impacted bv temoorarv lavoff or schedule reduction as soon as feasible. C. lndefinite Layoff or lndefinite Reduction in Time lndefinite layoffs and indefinite reductions in employee work schedules are administered by defined layoff units, job classifications, and salary grades (in the event of a classification assigned to Page 1 of 3 TAYOFF and RECAIL 3.0 #77 September 8, 2016 different salary grades). criteria for consideration when determining setection for layoff mustinclude relevant skills, knowledge and abilities, documented performance, and length ofservice' Assessment of performance will be based on written performance appraisalsand disciplinary records. when murtipre emproyees have the iame ski1s, knowredgeand abilities, and are performing equally, employees with greater length of service willhave priority for retention. such employees may choose to waive their length of service in orderto be designated for rayoff, subject to approvar by the Department Director. An employee will receive at least sixtv (60) 3e calendar days' advance written notice prior toindefinite layoff or indefinite reduction in ichedule, or witl receive pay in lieu of notice or a combinationthereof. D. Recall Hiring departments may take a laid off employee's relevant skills, knowledge and abilities,documented performance, and length of service into consideration when recalting anemployee or providing preferential consideration to an employee. see probationary policy for whethera recalled employee willexperience a new probationary period. A regular status employee will have the right to recall for three years from the date oflayoff. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. TheHuman Resources Director may apply appropriate interpretations to administer and clarify the policyprovided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information tosupport the implementation of this policy. such supporting documentation requires the approval of theAdministrator+u*do€s net require the app . 5.0 APPLICABITITY This Policy is applicable to.... 6.0 DEFINITIONS Lay-off - A reduction in the workforce and separation from employment due to lack of work, lack offunds, elimination of a position(s)or other material changes in the duties, responsibilities, or structure ofthe Augusta, Georgia organization. Recall - Placement of former employee(s) who were laid off into a vacancy. 7.0 REVISION HISTORY Page 2 of 3 LAYOFF and RECALL 3.0 #17 This policy was implemented.... September 8,20LG L, Page 3 of 3 Performance Eva luation 2.0 #72 /. 1.0 POLTCY SUMMARY { This policy provides direction for conducting performance evaluations for employees. 2.0 POLICY STATEMENT: A. General Performance evaluation is an ongoing process of communication between a supervisor and an employee that occurs as needed throughout the year, in support of accomplishing the objectives of Augusta, Georgia. The communication process includes setting objectives, identifying goals, providing feedback, and evaluating results. B. Performance Evaluation The performance of each employee shall be appraised at least annually in writing by the employee's immediate supervisor, or more frequently as needed. The written performance evaluation is an opportunity for the supervisor and employee to review whether previously discussed performance expectations and goals have been met, to discuss professional development opportunities, and to identify options for acquisition of additional skills and knowledge to foster performance improvement and career growth. Additionally, the appraisal provides appropriate documentation to support any requests for promotion or job applications, layoff consideration, recommended merit increases and/or other performance-based awards. 3.0 COMPLIANCE RESPONSIBlLITIES . Human Resources is responsible for this policy and has the authority to implement the policy. Thei. Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator . 5.0 APPLICABILITY This Policy is applicable to.... 5.0 DEFINITIONS 7.0 REVISION H]STORY This policy was implemented.... Page 1 of 1 Personal Appearance and Dress Code 2.0 #13 1.0 POLICY SUMMARY All Augusta, Georgia employees are expected to maintain high personal and professional standards. One of the most noticeable expressions of these standards is dress and appearance. All employees are representatives of the Augusta, Georgia and therefore dress, appearance and hygiene should: (1) present a professional or identifiable appearance for customers, suppliers, and the public; (2) promote a positive working environmenU (3) limit distractions caused by inappropriate dress; and ( ) ensure safety while working. 2.0 POLICY STATEMENT: Employees are expected to dress in a manner that is normally accepted in the environment in which they work and the function they perform. All attire should be appropriately fitted. Where uniforms are required, they must be worn during working hours. The uniforms should be neat and clean when the employee arrives for work. (Employees required to wear uniforms should also refer to their specific departmental directions.) Each Department Director should inform their employees of the Augusta, Georgia's Personal Appearance and Dress Code policy, and inform employees of the specific dress requirements for their positions. COMPLIANCE RESPONSIBITITIES Human Resources is responsible for this policy and has the authority to implement the policy. The 1 Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 3.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator . 4.0 APPLICABILIW This Policy is applicable to all employees 5.0 DEFINITIONS 6.0 REVISION HISTORY This policy was implemented.... L- Page 1 of 1 Position Classification 2.0 - 7.0 POLICY SUMMARY( This policy describes how a position is classified and the availability of a classification review. 2.0 POLICY STATEMENT: A. Policy Positions are established and classified based on the level and scope of assigned duties and responsibilities as documented in approved job descriptions. Positions with similar duties and responsibilities are grouped together in the same job class. As duties and responsibilities undergo significant changes, positions may be reviewed for reclassification. Procedures provide further guidance regarding use of classifications and titles. B. Classification Review ln addition to requests for classification review by the Administrator and Department Directors, emptoyees may request that their assigned duties and responsibilities be reviewed for appropriate classification level. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator, but does not require the approval of the Commissioners. 5.0 APPLICABIL]TY This Policy is applicable to.... 5.0 DEFINITIONS 7.0 REVISION HISTORY This policy was implemented.... #L4 L Page 1 of 1 PROBATIONARY PERIOD 5.0 #75 September 9,2016 ,/ 1.0 POLICY SUMMARY { This policy describes the terms of the probationary period for employees hired by Augusta Georgia. 2.0 POLICY STATEMENT: A. General ' All employees hired shall serve a twelve (12) month probationary period during which time their work performance and general suitability for employment with Augusta, Georgia shall periodicallv be evaluated in writing. Time on leave with or without pay is not qualifoing service for the completion of the probationary period. Employees who are rehired following a break in service shall serve a new probationary period whether or not they previously completed a probationary period, provided that an emDlovee recalled to his former position shall not serve a probationarv period if he completed his orobationarv period orior to lavoff. No employee shall have a property interest in his/her position during any probationary period. An employee who has satisfactorily completed the probationary period shall be informed in writing of the attainment of regular employee status. B. Release During Probationary Period Employees serving a probationary period or holding limited, casual/restricted or floater status may be released at any time at the discretion of Augusta, Georgia. C. Extension of Probationary Period Ii Under appropriate circumstances, e.g., change of supervisor, transfer to a different job during the probationary period, marginal performance or unsuitability for the position, the probationary period may be extended at the discretion of the Department Director. Such an extension shall be for a specific period of time, but not for more than three monthsJn tola|Lls months). Anv such extension and the reasons therefore shall be supported bv written documentation. D. Employees of Elected Officials Employees of elected officials do not serve a probationary period and their employment may be terminated at will. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of theAdministrator@@. { , 5.0 APPLrcABrLrw Page 1 of 2 PROBATIONARY PERIOD 5.0 This Policy is applicable to... 6.0 DEFINITIONS #15 September 9,2076 Break in service: Any separation from employment status. ln addition, a break inservice occurs, effective the last day on pay status, when an emptoyee is off pay status for fourcomplete, consecutive calendar months without an approved leave without pay, furlough, or temporarylayoff. A return to pay status from an approved leave without pay, furlough, temporary layoff, orindefinite layoff during a period of right to recall and preference for reemployment, is not a break inservice 7.0 REVISION HISTORY This policy was implemented.... Page 2 of 2 Retaliation and Whistleblowing 3.0 1.0 POLICY SUMMARY Augusta, Georgia is committed to high standards of ethical, moraland legal business conduct. This policy describes: Augusta, Georgia's expectation that its employees will report any lmproper Government Activity; the protection employees and former employees will be provided against an Adverse Employment Action if they report an lmproper Government Activity; and the complaint process available to an employee or former emplovee if an employee believes that he/she has been retaliated against in violation of this Policy. 2.0 POLICY STATEMENT: Augusta, Georgia seeks to provide a work environment where: employees are free to report suspected lmproper Governmental Activity or conditions that significantly threaten the health or safety of emptoyees or the public without fear of retaliation; employees can and must be candid and honest without reservation in conducting Augusta, Georgia's business; employees and former employees will be protected against an Adverse Employment Action if in good faith they reveal or report an lmproper Government Activity or the possible existence of such, and describes where an employee should go to report an lmproper Governmental Activity or file a complaint if they believe that they have been subjected to an Adverse Employment Action because they have revealed or made a good faith report of lm proper Government ActivitY. An individual who has knowledge of or believes that lmproper Government Activity has occurred or believes that they have been subjected to an Adverse Employment Action because they have revealed or made a good faith report of lmproper Government Activity must report such knowledge to a responsible arm of Augusta, Georgia. That includes: 1. The employee's supervisor, 2. A manager in the employee's management hierarchy, 3. The Office of the Administrator, 4. The Augusta, Georgia Law Department, 5. The Augusta, Georgia Human Resources Department, or 6. The Comoliance Department An employee who makes a complaint or reports information under this Policy knowing that it is false or in reckless disregard for the truth shall be subject to disciplinary action up to and including discharge. Any individual associated with Augusta, Georgia who causes an Adverse Employment Action to be taken against or otherwise retaliates against another individual who, in good faith, revealed or reported an lmproper Government Activity or participated/assisted with the investigation of the alleged lmproper Government Activity, shall be subject to disciplinary action up to and including discharge. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. *76 I Page 1 of 3 Retaliation and Whistleblowing 3.0 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supprementary information tosupport the implementation of this policy. Such supporting documentation requires the approvar of theAdministrator+u*d€€srq€+_r€q,,#re the a^prevalef . 5.0 APPTICABILITY This Policy is appticable to all individuals under the authority of the Augusta, Georgia Board ofcommissioners, inctuding, but not limited to staff, whether full-time, part time, temporary emptoyees,or term appointments, to all volunteers, to all who provide contract services, and to alt officers andofficials' each of whom shall be entitled to protection. However, Augusta is entitled to take appropriateaction against employees and other individuals that are subject to privilege or confidentiality obligationsrecognized by constitutional, statutory, or common law, who report lmproper Governmental Activity ina manner that violates those obligations. such actions against the subject employees and individualsshall include, but are not limited to discipline and discharge. 6.0 DEFINITIONS Adverse Employment Action: A management action that affects the complainant,s existing terms andconditions of employment in a material and negative way, including, but not timited to, failure to hire, ,tffi::tj|,eo:ction (including written reprimand, corrective satary decrease, demotion, suspension), and complainant: An emproyee or appricant for emproyment who submits a compraintunder this policy' For purposes of this policy, "employee" incrudes a current Augusta, Georgia employeeor a former Augusta, Georgia employee who was employed at the time the relevant events occurredand includes academic appointees. Good Faith means having reasonable grounds for believing that the information revealed or reportedindicates that lmproper Government Activity occurred. lllegal order: A directive to viotate or assist in violating a local, state or federal law,rule' regulation or ordinance, or an order to work or cause others to work in conditions that woutdunreasonabry threaten the hearth or safety of emproyees or the pubric. lmproper Governmentar Activity: Any activity undertaken by Augusta, Georgia or by anAugusta, Georgia employee that is undertaken in the perforr.n* of the employee,s duties,whether or not that activity is within the scope of his/her employment, and that (1) isin violation of or noncompliance with any local, state or fedeiar raw, regulation or ordinance, or Augusta,Georgia policy including, but not limited to, corruption, malfeasance, bribery, theft of governmentproperty' fraudulent claims, lraud, coercion, conversion, malicious prosecution, misuse of governmentproperty (including Augusta, Georgia property and facilities), or willful omission to perform duty, (2) is :::ffili:1'y"T:X#:JJl'"lves gross misconduct, g,o* ir.orpetence, orsross ine*Liencx o..1s1 #16 Page 2 of 3 ( Retaliation and Whistleblowing 3.0 #76 7.0 REVISION HISTORY This policy was implemented.... f Page 3 of 3 Safety 3.0 ( 1.0 PotlCY SUMMARY Augusta, Georgia considers the health and safety of its employees to be of paramount importance and seeks to establish and maintain an Occupational Safety and Health Program for its employees by providing a safe and healthy work environment. ln addition, Augusta, Georgia shall follow appropriate safety and health standards. 2.0 POLICY STATEMENT: It is incumbent upon Augusta, Georgia employees to comply with safety and health standards and all rules and regulations which are applicable to the employee's work site and personal safety. Any employee who willfully or repeatedly violates or causes to be violated a safety standard, rule, regulation, or order shall be subject to corrective action up to and including discharge. It is incumbent upon management personnel to notify the appropriate Department Director if employees working under their authority are adversely affected by safety standards or hazardous working conditions. lt is then incumbent upon the Department Director to immediately notify the Human Resources Director, who has authority for the administration of this program. No employee shall be discharged or discriminated against because such employee has filed a complaint or instituted or caused to be instituted any proceedings or inspections relating to the Augusta, Georgia's Occupational Safety and Health / Program. See Retaliation Policy 3.0 COMPLIANCE RESPONSIBILITIES Risk Management is responsible for this policy and has the authority to implement the policy. The Risk Management Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO ]MPLEMENT POLICY Risk Management may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of theAdministrator . 5.0 APPLICABILIW This Policy is applicable to all employees and officials 5.0 DEFINITIONS 7.0 REVISION HISTORY This policy was implemented.... #t7 Page 1 of 1 Severance Pay 3.0 #78 1.0 POLICY SUMMARY SES employees are employed on an at-will basis, have no propriety interest in their positions and thus are not afforded due process rights with respect to the termination of their employment. Accordingly, this policy sets forth Augusta Georgia's policy to provide severance pay to SES employees under defined circumstances. Emolovees who are not in an SES position at the time of termination of emplovment are not elieible to receive severance pay under this Policv. 2.0 POLICY STATEMENT: A. Eligibility 1. Onlv SES emplovees are entitled to receive severance pav under this Policv. 2. An SES employee who has completed one year of continuous employment with Augusta, Georgia and whose employment is terminated without cause, by vote of the Commission, is eligible to receive severance pay. 3. An SES employee who is emploved has eempleted ene year ef eentinueus empleyment with Augusta, Georgia as of January 1,2OL7 and who provides at least thirtv sixty (30 6e) calendar days' notice of his/her resignation from employment with Augusta, Georgia ("notice period") and continues to perform in a satisfactory manner during the notice period is eligible to receive severance pay. 4. Employee must execute a Separation Agreement and General Release B. Severance Schedule 1. SES Groups l-lll shall be eligible for one (1) month of severance pay after the first year of employment and an additional month of severance pay for each additional full year worked in a SES position, not to exceed a maximum of six (6) months of severance pay. 2. SES Group lV shall be eligible for three (3) months' severance pay after the first year of employment as a SES Group lV employee and an additional month of severance pay for each additional full year worked as a SES level lV employee not to exceed a maximum of three (3) additional months of severance pay (for a total not to exceed 6 months) 3. Employment time serving in a non-SES position will not be credited for prior years of service under this policy if subsequently promoted to a SES position. 4. Severance pay shall be based on the employee's most recent date of hire. C. No Severance Pay Employee(s) are not entitled to severance pay if they leave employment with Augusta, Georgia under the following conditions: L. Discharge for Cause 2. Disability covered by Worker's Compensation 3. Retirement 4. ln the event an Augusta, Georgia function or service is contracted, assigned or otherwise transferred to another entity and Augusta, Georgia employees in that function or service are offered employment by the other entity within thirty (30) days of contract, assignment or transfer, whiehever is later, provided the employee receives a substantially similar salary and benefit package. 5. Except as provided in 2.0 A 3, resignation. Page 1 of 2 Severance Pay 3.0 #18 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. TheHuman Resources Director may apply appropriate interpretations to administer and clarify the policyprovided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPTEMENT POLICY Human Resources may develop procedures or other supplementary information tosupport the implementation of this policy. such supporting documentation requires the approval of theAdministrator r+issiener+. 5.0 APPLICABILITY This Policy is applicable to SES employees 6.0 DEFINITIONS severance Pay: rs carcurated based on the emproyee,s base rate of pay. 7.0 REVISION HISTORY This policy was implemented.... Page2 of 2 ( I SUBSTANCE ABUSE 7.0 #L9 November 78,201G 1.0 POLICY SUMMARY Augusta Georgia is committed to providing its employees and citizens with a workplace and facilities that are free from alcohol and controlled substances or individuals who are under the influence of alcohol or controlled substances. 2.0 POLICY STATEMENT: It is the policy of Augusta, Georgia to maintain a workforce, workplace and its facilities free from the abuse of or illegal use, possession or distribution of alcohol or of controlled substances as defined in schedules lthrough V of the Controlled Substances Act,2l United States Code section 812 and by regulation at 21 Code of Federal Regulations, section 1308. Unlawful manufacture, distribution, dispensing, possession, use or sale of alcohol or of controlled substances by Augusta, Georgia employees in the workplace, during working hours, while on Augusta, Georgia business, at Augusta, Georgia official functions or on Augusta, Georgia premises is prohibited. ln addition, employees may not use illegal substances or abuse legal substances in a manner that impairs their work performance or impairs the public's trust in the employee's ability to carry out his job responsibilities. Augusta, Georgia recognizes that dependency on alcohol or other substances is a treatable condition and offers programs and services for employees with substance and dependency problems. Employees are encouraged to seek assistance, as appropriate, from Risk Management or through a referral. lnformation regarding an employee obtained through such programs or services will be treated as confidential in accordance with Federal and State laws. Augusta, Georgia regards violations of this Policv as a serious matter that will not be tolerated. $rillapply Emolovees who violate this Policy will be subiect to disciplinarv action, consistent with job requirements and the provisions of the Corrective Action Policy,-up to and including discharge, and may be required as a condition of continued employment, or elisibilitv for future emplovment. at the discretion of Augusta, Georgia, to participate satisfactorily in an Employee Assistance Program. 3.0 COMPLIANCE RESPONSIBILITIES Risk Management and Finance are responsible for this policy and has the authority to implement the policy. Risk Management and Finance_may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Risk Management and Finance may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approvalof the Administrator . 5.0 APPLICABILITY This Policy is applicable to all employees and officials. 5.0 DEFINITIONS Page 1 of 2 SUBSTANCE ABUSE 7.0 7.0 REVISION HISTORY This policy was implemented.... #1.9 November 18,2016 Page 2 ol 2 ( USE of AUGUSTA GEORGIA TECHNOLOGY, EQUIPMENT and PROPERTY 4.0 #2O September 8,2016 1.0 POLICY SUMMARY This policy covers the use of electronic technology, equipment and other property belonging to, or used by, Augusta, Georgia. lt includes, but is not limited to, all computer systems of any size and function and their attached e-mail systems, software, network resources, lnternet resources, radios, cellular telephones, and pagers. The purpose of this policy is to establish guidelines and requirements governing the acceptable use of Augusta provided technology and other property and to communicate them to employees. 2.0 POLICY STATEMENT: All technology resources, equipment or other property owned or used by Augusta, Georgia are in place to facilitate Augusta, Georgia's ability to carry out its mission and for its employees to perform their job duties efficiently and productively. exceDt for minimal usase. e.s.. a brief telephone call. these systems and property are to be used solely for business purposes. All equipment, property and technology resources and all information transmitted by, received from, and stored on Augusta, Georgia systems are the property of Augusta, Georgia and as such, are subject to inspection by Augusta officials. They are not the property of any employee. Consequently, employees and users should not have any expectation of privacy with respect to their messages and files or other uses. Augusta, Georgia has the right to monitor any and all aspects of it's property, equipment and electronic technology resources. Augusta, Georgia reserves the right to audit and monitor the information on all systems, electronic mail, and information stored on computer systems or media, and to insoect its propertv and eouipment without advance notice. . This might include, but is not limited to investigation of theft, unauthorized disclosure of confidential business or proprietary information, personal abuse of the system or monitoring workflow and productivity. Any employee found to have violated this policy may be subject to corrective action, up to and including discharge. A. Obiectives Ensure the protection of proprietary, personal, privileged, or otherwise sensitive data and resources that may be processed in any manner by Augusta, Georgia, or any agent for the City and the protection and proper use of other Augusta, Georgia property. Provide uninterrupted network resources to employees and the public. Ensure proper usage of networked information, programs, and facilities offered by Augusta, Georgia. Maintain security of and access to networked data and resources on an authorized basis. Secure email from unauthorized access. Protect the confidentiality and integrity of files and programs from unauthorized individuals. b. c. d. e. f. Page 1 of 2 USE of AUGUSTA GEORGIA TECHNOLOGY, EQUIPMENT and PROPERTY 4.0 il20 September 8,2OL6 g. lnform employees and other users there is no expectation of privacy in their use of Augusta-owned hardware, software, or computer network access and usage or other property. h. Provide lnternet and email access to employees and the public of Augusta, Georgia.i' Piovide the necessary technology resources to enable employees to perform duties 3.0 COMPLIANCE RESPONSIBILITIES lnformation Technology is responsible for this policy and has the authority to implement the policy. The Human Resources and lnformation Technology Directors may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY lnformation Technology may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of theAdministrator . 5.0 APPLICABILITY This Policy is applicable to all persons, whether employees, independent contractors or agents ofAugusta, Georgia. All persons using Augusta, Georgia's electronic resources must comply with all software licenses, copyright laws and all other State and Federal laws governing intellectual properties. 6.0 DEFIN]TIONS 7.0 REVISION HISTORY This policy was implemented.... Page 2 of 2 Affirmative Action 2.0 #27 November 18,20!6 . 7.0 POLICY SUMMARY( This policy statement describes Augusta, Georgia's commitment to affirmative action as a recipient of funds from the US government. 2.0 POLICY STATEMENT: Consistent with its status as a recipient of funds from the US government, Augusta, Georgia undertakes affirmative action for minorities and women, for persons with disabilities, and for covered ,eierans 3.0 COMPLIANCE RESPONSIBILITIES Human Reseurees Compliance is responsible for this policy and has the authority to implement the policy. The Human Reseurees Compliance Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Reseurees Compliance may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator, but dees net r eval ef the Cemmissi€'t1€rs. 5.0 APPLICABILITY i " This Policy is applicable to.... 6.0 DEFINITIONS Covered Veterans: For purposes of this policy, "covered veterans" includes veterans with disabilities, recently separated veterans, Vietnam era veterans who served on active duty in the U.S. Military, Ground, Naval or Air Service during a war or in a campaign or expedition for which a campaign badge has been authorized, or Armed Forces service medal veterans. 7.0 REVISION HISTORY This policy was implemented.... Page 1 of 1 Attendance and Punctuality 1.0 #22 , 7.0 POLICY SUMMARY( This Policy describes Augusta, Georgia's expectations and emptoyee obligations regarding attendance and punctuality 2.0 POLICY STATEMENT: Dependable attendance and punctuality are expected of all employees. Unptanned absences and tardiness must be reported as soon as possible. lf problems arise relating to an employee's attendance or punctuality, the supervisor or manager should not delay in taking corrective action. 3.0 COM PLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and ctarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this poliry. Such supporting documentation requires the approval of the Administrator+utd€€s-n€t{equire the approva . 5.0 APPLICABItlry i rhis Policy is applicable to.... 5.0 DEFINITIONS 7.0 REVISION HISTORY This policy was implemented.... L Page 1 of 1 Employee Records 1.0 #23 1.0 POLICY SUMMARY The policy describes personnel records, access to personnel records by persons inside or outside Augusta, Georgia, as well as the location of records and the period of retention. 2.0 POLICY STATEMENT: A. Employee Personnel Records Augusta, Georgia will establish and maintain employee personnel records. The records will be maintained with accuracy, relevance, timeliness, and completeness, and appropriate and reasonable safeguards will be established to ensure security and confidentiality. B. Access to lnformation in Employee personnel Records Access to employee personnel records will be made in accordance with the following provisions. specific legal requirements regarding an employee's access to the employee,s own personnel records, right to correct or amend the records, and third party access to thepersonnel records are governed by the Georgia open Records Act (o.c.G.A.5o-1g-70) Access to peace officer personnel records and the right to correct or amend those records is also governed by the Georgia law provisions related to the confidentiality of peace officer personnel records. euestions regarding an employee's records should be directed to the official designated by the Administrator for this purpose. 1. Access to an Employee's Own personnel Records within 30 calendar days from the receipt of a request for records, an employee will be provided a copy of the employee's own personnel records or within 60 calendar days from the receipt of a request for records that are geographically dispersed, inactive, or in storage. There will be no charge for the first copy. However, records protected by recognized legal privilege and records exempted from disclosure by the Georgia open Records Act (o.c.G.A.50-1s-70) may be withheld. 2. Access to Records by the public Persons inside or outside Augusta, Georgia will have access to information in employees' personnel records in conformance with statutes and Augusta, Georgia policies on records. The Administrator will establish procedures for the release of information. lnformation which is public information and that should generally, be released upon request includes: EIName E Date of hire, position title, salary E Organizational unit assignment E Office address and office telephone number E Job description, whether full-time or part-time, and appointment type EI Date of separation, and Elother information that would not be (a) an invasion of personal privacy; (b) protected by recognized legal privitege; or (c)otherwise legally protected from disclosu re. Page 1 of2 Employee Records 1.0 #23 Unless release is legally required, Augusta, Georgia will not release to the public information that it has determined to be (a) an invasion of personal privacy; (b)protected by recognized legal privilege; or (c)othenvise legally protected from disclosure. such information includes but is not limited to: E The individual's home telephone number and home address E Spouse's or other relatives' names E Birth date E Social Security Number E Citizenship E lncome tax withholdings E Health care records E lnformation relating to evaluation of performance and goal setting records E lndividual elections related to health and welfare benefits, retirement, or investment programs E Drug test results, and E Child support/garnishments C. Period of Retention Personnel records of an employee will be maintained according to the Georgia Open Records Act (o.c.G.A.s0-18-70) 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the poticy provided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of theAdministrator . 5.0 APPLICABILITY This Policy is applicable to.... 6.0 DEFINITIONS Personnel Records consist of any record, in any format, necessary and relevant to the administration of the staff personnel program 7.0 REVISION HISTORY This policy was implemented.... Page 2 of 2 HtRtNG 3.0 #24 September 9,2076 1.0 POLICY SUMMARY( This policy describes the scope of efforts to be taken in regards to the recruitment of employees. 2.0 POLICY STATEMENT: A. Scope of Recruitment As appropriate, Augusta, Georgia will recruit both within and outside its work force to obtain qualified applicants. To support career progress of qualified internal candidates, internal recruitment may be utilized so long as it is consistent with equal employment and affirmative action objectives and results in a diverse poolof qualified applicants. B. Exceptions to Recruitment Recruitment is not required when a position is to be filled by: 1. demotion or lateral transfer of an employee within the same organizational unit; 2. lateral transfer of an employee along with the budgetary provision for that employee's position; 3. transfer or reemployment of an employee in accordance with Reasonable Accommodation, Medical Separation, Pregnancy Disability Leave, or Family and Medical Leave procedures 4. a qualified employee who has become disabled; 5. recall of a laid-off employee or placement of an employee with preference for reemployment or transfer; . 6. an employee whose responsibilities or title have changed as a result of a(.. reorganization or reassignment of functions among positions within the same organizational unit; 7. a position is transferred to another organizational unit, or 8. an employee who is competitively selected for an Augusta, Georgia sponsored internship program, and upon completion of the internship, as authorized in local guidelines and with the approval of the department head, is appointed to a vacant position for which he or she meets the minimum qualifications; 9. Succession Plannins. C. Waiver of Recruitment A waiver of standard recruitment may be authorized by the Administrator in special circumstances consistent with equal opportunity and affirmative action objectives. D. Career ladder Recruitment An open position may be listed with multiple job titles at different levels within a single Job progression. The hiring Department will determine the initialjob title based on the qualifications of the selected candidate. These multiple job titles may allow an employee to advance to a higher job title with the acquisition of additionalknowledge and skills during the course of employment. Department needs and employee performance will govern the recruitment and selection process noted above. The process should include the generation of a written development plan, the timing of an . employee's assessment, and the reclassification process. L With approval of the Department head, the employee who has successfully met the Page 1 of 2 HTRTNG 3.0 #24 September 9,2076 criteria for upward advancement to a higher level position may be reclassified within the same job progression and department or organizational unit for which the originalrecruitment was conducted. 3.0 COMPLIANCE RESPONSIBILITIES Human Resources is responsible for this poticy and has the authority to implement the policy. TheHuman Resources Director may apply appropriate interpretations to administer and clarify the policyprovided that the interpretations do not result in substantive changes to the underlying policy. 4.0 PROCEDURES TO IMPLEMENT POLICY Human Resources may develop procedures or other supplementary information tosupport the implementation of this policy. such supporting documentation requires the approval of theAdministrator . 5.0 APPLICABILITY This Policy is applicable to.... 6.0 DEFINITIONS Demotion: The change of an employee from one position to another position whichresults in a lower salary range maximum. 7.0 REVISION HISTORY This policy was implemented.... Page 2 of 2 Commission Meeting Agenda 12/20/2016 2:00 PM Motion to Deny the Protest of Weinberger's Business Interiors Department:Procurement Department:Procurement Caption:Motion to deny the Protest of Weinberger's Business Interiors, regarding Bid Item16-238 Furniture for the Public Defender's Office for Augusta, Georgia - Central Services Department - Facilities Division and to lift the stay of procurement in accordance with Augusta, GA Code. (No recommendation from Administrative Services Committee December 13, 2016) Background:On October 18, 2016, the Procurement Department received three (3) responses for Bid Item 16-238. (See Exhibit 1). The Compliance Department notified the Central Services Department that Weinberger's Business Interiors failed to meet the assigned LSBOP Utilization Goal or provide evidence of completing good faith efforts. On October 28, 2016, Weinberger's Business Interiors was deemed non-compliant for not properly completing the Letter of Intent and Local Small Business Utilization forms. These completed forms were required at the time of submittal from all participating vendors. The company also did not meet the Local Small Business Opportunities Program goals. (See Exhibit 2). On November 4, 2016, the Procurement Department received a protest letter. (See Exhibit 3). On November 8, 2016, the Procurement Department issued a Stay in accordance to Augusta Code - Article 9. (See Exhibits 4 and 5) On November 14, 2016 - Weinberger's Business Interiors submitted an appeal letter addressed to Commissioners and delivered a copy of the letter to the Procurement Department. The Procurement Department forwarded a copy to the Compliance Department on November 14, 2016 via email. (See Exhibit 6). November 22, 2016 - Weinberger's Business Interiors was notified of their appeal hearing date and time before the Administrative Services Committee which is scheduled for Tuesday, December 13, 2016 at 1:00 p.m. with an attachment of Article 9 - Augusta, Georgia Code. (See Exhibit 7) As required by the Augusta Procurement Code Article 9 Appeals, Protests and Remedies, Sec. 1-10-7 - Notice of hearing. If a timely appeal is filed by the protestor, the Procurement Director shall place the protest on the agenda of the Cover Memo Administrative Services Committee. Weinberger's Business Interiors bid submittal. (See Exhibit 8) A copy of the Bid specifications for Bid Item 16-238 Furniture for Public Defender's Office is attached to include Addendums One (1) - Four (4). (See Exhibit 9) The bid award will be made to the most responsive and responsible vendor which best satisfies the intent of this Invitation to Bid. Analysis: Financial Impact:Undetermined at this time. Alternatives:Uphold the Protest Weinberger's Business Interiors, regarding Bid Item 16-238 furniture for the Public Defender's Office for Augusta, Georgia - Central Services Department - Facilities Division. Recommendation:Deny the Protest of Weinberger's Business Interiors regarding Bid Item 16-238 Furniture for the Public Defender's Office for Augusta, Georgia - Central Services Department - Facilities Division and to lift the stay of procurement in accordance with Augusta, GA Code. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV November 28, 2016 To: Takiyah Douse, Director, Facilities Geri Sam, Director, Procurement From: Kellie S. Irving, Director, Compliance Department RE: LETTER OF NON-COMPLIANCE FOR BID ITEM 16-238 FURNITURE FOR PUBLIC DEFENDER’S OFFICE Bidder: WEINBERGER’S BUSINESS INTERIORS Issue(s): 1 - Notice of Non-Responsiveness – Failure to Submit Required LSBOP Documentation 2 - Notice of Non-Compliance – Failure to Meet LSBOP Utilization Goal 3 - Notice of Non-Compliance – Failure to Properly Complete GFE Form 4 - Notice of Non-Compliance – Failure to Meet Good Faith Efforts The Compliance Department – DBE Division issues this Letter of Non-Compliance to include issues of Non-Responsiveness and Non-Compliance for Weinberger’s Business Interiors on Bid Item 16-238 Furniture for Public Defender’s Office. It is the responsibility of the Compliance Department to ensure compliance with the Local Small Business Opportunity Program (LSBOP) pursuant to Augusta, Georgia Code, Article One, Chapter 10B, the Augusta, Georgia Local Small Business Opportunity Program. AUGUSTA, GEORGIA CODE, ARTICLE ONE, CHAPTER 10B ORDINANCE 7271 LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM (LSBOP) Sec. 1-10-123. Objective. Augusta, Georgia is firmly committed to the principles of equal opportunity and in keeping with these principles, hereby sets forth a program and establishes a mechanism for developing, approving, and implementing procedures by which local small business enterprises shall be identified, informed and educated regarding opportunities for supplying goods, general services, and construction services required by Augusta, Georgia, and providing for objectives for bidders to incorporate the use of Local Small Businesses as commercially useful ATTACHMENT A.1 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV subcontractors, thereby promoting balanced economic and community growth throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program. Sec. 1-10-124. Policy, intent and purpose. (a) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through the Augusta, Georgia governing authority. Further, the Augusta, Georgia Commission has determined as a means to ensure full economic participation by small local business that a mechanism for developing, approving and implementing a LSBOP is required. Augusta, Georgia has established the LSBOP to promote opportunities for registered Local Small Business to participate in Augusta, Georgia’s contracting and procurement activities by requiring contractors to utilize registered Local Small Business to perform commercially useful functions to the maximum extent possible and as economically feasible, as partners or subcontractors for service delivery or as suppliers of various goods required in the performance of a contract. This LSBOP is in addition to and shall not supplant the Local Preference of Code § 1-10-6. (b) Intent and Purpose. The Augusta, Georgia Local Small Business Opportunity Program is established to encourage equal opportunity, diversity, and equity in Augusta, Georgia’s contracting and procurement activities. In a race and gender neutral manner, the Program will promote fair and equal opportunities for all local small businesses. It is specifically intended that the encouragement of local small businesses will allow for the development and growth of such businesses to increase competition for construction and procurement opportunities. (1) It is the intent and purpose of this Program to encourage equal opportunity in Augusta, Georgia’s contracting and procurement and to eliminate discrimination and the effects of past discrimination therein. (2) It is also the intent and purpose of this Program to encourage the use of the Local Small Business Opportunity Program, which will have the benefit to Augusta, Georgia of assisting the local economy with job formation while remedying the discrimination against minority owned business enterprises in the Augusta, Georgia contracts and procurement in a race and gender-neutral manner. (3) It is also the intent and purpose of the LSBOP to develop evidence relevant to whether future race and gender conscious programs are necessary to remediate the effects of past or current discrimination, as required by applicable laws. Therefore, in the spirit of the Augusta, Georgia Code, the Compliance Department applies all applicable Code and Ordinance(s) to enforce the LSBOP and all activities associated with the program’s implementation, monitoring, and application. BID ITEM 16-238 FURNITURE FOR PUBLIC DEFENDER’S OFFICE EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Scope of Work To provide furniture, furnishings and equipment as specified; transportation; full and final installation. (Full bid details are referenced in Bid Item 16-238 Furniture for Public Defender’s Office.) BID SPECIFICATIONS Bid Specifications and Page Reference Each Bid Specifications include a Table of Contents, Instruction to Submit, Notice to All Proposers, Exception Sheet, Local Vendor Registration Form, Local Small Business Opportunity Program Ordinance Requirements and Bid Specifications. BID ITEM 16-238 FURNITURE FOR PUBLIC DEFENDER’S OFFICE Table of Contents can be found on Page 2 of 59 in the Bid Specifications. (Attachment A) Local Small Business Goal and Bid or Proposal Requirements The local small business goal for the above listed bid is 8%. An itemized list of documents and instructions are listed on page 53 indicating the definitive statement advising bidders: Failure to submit the above documentation shall result in the bid or proposal being declared non-responsive. All Local Small Business Goal and Instructions are listed on Pages 53-59 of the Bid Specifications for this procurement. (Attachments B.1 – B.7) Good Faith Effort (GFE) When Augusta, Georgia sets a contract goal, the basic obligation of bidders is to make good faith efforts to meet it. A proposer can demonstrate these efforts in either of two ways, which are equally valid. First, they can meet the goal, by documenting that they have obtained commitments for enough LSBOP participation to meet the goal. This information should be listed on the (1) LSBOP Letter of Intent to Perform as a Sub-consultant / Subcontractor / Supplier, (2) Local Small Business Utilization, and (3) the Good Faith Efforts forms. The second, even though they have not met the goal, a proposer can document that they have EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV made good faith efforts to do so which should be documented on (1) Local Small Business Utilization, and (2) the Good Faith Efforts forms. Augusta, Georgia emphasizes strongly that the LSBOP requirement is important and serious. Although a one-size-fits-all GFE checklist is neither desirable nor possible, what constitutes a showing of adequate good faith efforts in a particular procurement is an intrinsic fact-specific judgment that Augusta, Georgia must consider. Circumstances of procurements vary widely, and GFE determinations shall fit each individual situation as closely as possible. All Local Small Business Goal, Instructions, and Forms are listed on Pages 53-59 of the Bid Specifications for this procurement. (Attachments B.1 – B.7) Meeting GFE Although a one-size fits all GFE is not our standard, a number of recommended strategies are listed to ensure bidders make an earnest effort to engage LSBOP firms and to support ample methods of documenting the GFE. The Good Faith Efforts bid strategies were included in the Bid Specifications on Page 54. In addition, the Compliance Department attended the Pre-Bid Meeting and responded in writing a response to the inquiry about the LSBOP goal and documenting/meeting the GFE. In reference to the LSBOP, detailed LSBOP Ordinance Requirements are listed in the Bid Specifications on Page 10 of 59. (Attachment C) Good Faith Efforts are listed on Page 54. (Attachment B.2) Pre-Bid Meeting Instruction Script (Attachment D) Bid Response to LSBOP Inquiry and Clarification (Attachment E) EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Issue 1 Notice of Non-Responsiveness – Failure to Submit Required LSBOP Documentation Bid Specifications 16-238 specified in Sec. 1-10-129 (a)(6): All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Departments. (Attachment C)  Non Discrimination Statement  Proposed Local Small Business Subcontractor/Supplier Utilization Plan  Documentation of Good Faith Efforts to use local small businesses  Local Small Business Utilization document Findings: Bidder failed to submit required bid documents: 1. Local Small Business Opportunity Program Letter of Intent to Perform as a Sub consultant /Subcontractor/Supplier and 2. Local Small Business Utilization EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Issue 2 Notice of Non-Compliance – Failure to Meet LSBOP Utilization Goal Bid Specifications 16-238 specified in Sec. 1-10-129 (a)(1): Bid conditions for contracts awarded by Augusta, Georgia will require that, where subcontracting goal is utilized in performing the contract, the bidder or proponent, will make Good Faith Efforts to subcontract with or purchase supplies from local small businesses. Bid specifications will require the bidder or proponent to keep records of such efforts that are adequate to permit a determination or compliance with this requirement. (Attachment C) In establishing a utilization goal for this procurement, the Compliance Department evaluated the scope of work which indicated scopes that could be performed by a number of LSBOP firms. The Commercially Use Function scopes of work for this procurement included the trades (NAICS) listed below. These trades were evaluated to establish the 8% utilization goal. The following trades were evaluated to establish the goal. NAICS 238190 – Installation NAICS 484XXX – Trucking (delivery) Findings: Bidder failed to meet the LSBOP Utilization Goal. Bidder did not list any (future) LSBOP participation. EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Issue 3 Notice of Non-Compliance – Failure to Properly Complete GFE Form Bid Specifications 16-238 specified in Sec. 1-10-129 (a)(2): Each bidder shall be required to provide documentation of achieving goal or provide documentation of Good Faith Efforts to engage local small businesses as subcontractors or suppliers, the names of local small businesses and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no subcontracting opportunities, bidder shall so indicate on the appropriate form. (Attachment C) Weinberger: Bidder submitted a GFE form indicating that Weinberger contacted Q3 by phone. Q3’s written response was “cannot fulfill and too busy.” Compliance: Compliance reviewed the submitted GFE form and noted missing data in fields, the omission of email correspondence, and no subcontracting / supplier opportunities listed to indicate future solicitation. Findings: Bidder failed to properly complete the GFE form. 1. Bidder failed to submit supporting documentation. 2. Bidder failed to complete fields in their entirety of the GFE form - Person Contacted and Date field - no date provided. 3. Bidder indicated in protest that there was a verbal quote emailed to Weinberger by Q3. The proof of the verbal quote email was not listed on/attached to the GFE form for evaluation. 4. Bidder indicated in protest “intention to subcontract”; however, the GFE form does not indicate any intentions for future LSBOP solicitation. EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Issue 4 Notice of Non-Compliance – Failure to Meet Good Faith Efforts Bid Specifications 16-238 specified in Sec. 1-10-129 (a)(6): All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be made available by the Procurement Departments. • Non Discrimination Statement • Proposed Local Small Business Subcontractor/Supplier Utilization Plan • Documentation of Good Faith Efforts to use local small businesses • Local Small Business Utilization document (Attachment C) Weinberger: According to Bidder, the only local small business able to participate in this type of work was Q3. According to Bidder, Q3 emailed a verbal quote to Weinberger’s Business Interiors General Manager, Frank Mulheim. When bidder contacted Q3 to follow up with the filling out of the LSBOP form, Q3 did not recall Frank Mulherin’s email asking for a quote yet stated he did not know the name of the project or start date. Bidder indicated he named the project, estimated install date, and the number of installers required. Bidder indicated, after stating the project’s information, Q3 stated he was going to be too busy and could not take the job. Therefore, Bidder indicated the LSBOP Letter of Intent was left blank and the phone call was documented on the GFE form. (Attachments B.5 and F) Compliance: On 10/19/2016, Compliance noted the following upon the initial review of Bidder’s GFE documents: 1. No LSBOP utilization 2. No supporting documentation of emails (read receipts, printed copies) 3. No date of phone call to Q3 4. Date GFE form was signed by bidder (10/16/2016) EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV Also, Compliance conducted a phone audit of the information provided on the GFE form. Compliance noted the following information. 1. In speaking with Q3, Compliance learned that Weinberger emailed them for a vague request for quote 10/12/16. Q3 replied to the email with a quote without knowing for which project the quote was intended. (Attachment G) 2. Compliance Phone Audit Note - On 10/18/2016, according to Q3, Weinberger contacted them around 9:30 am, requesting them to complete the GFE form. At which time, Q3 indicated that they were busy and working on a job and could not fill out the form as requested. (Attachment H) Findings: GFE form submitted by Weinberger: 1. Failed to list the date Bidder phoned Q3. 2. Bidder failed to submit the supporting GFE supporting documentation titled - Local Small Business Utilization form indicating they were unable to meet the goal. (Attachment B.6) 3. Bidder failed to provide Q3 time to respond. Based on the Compliance’s phone audit of GFE form’s notation – Bidder contacted Q3 10/18/2016, which is the same due date of the bid. (GFE procedures state bidders seeking LSBOPs – shall provide a minimum of 5- day notice when requesting bids or proposal for material or services as sub or supplier.) 4. Review of the GFE form indicated the Bidder contacted only one firm by phone, Q3. According to the bidder, Q3 responded “cannot fulfill” and “too busy.” 5. According to Q3, at the time of the call 10/18/2016 at 9:30 am, Q3 was busy and could not fill out the form. 6. No additional GFE efforts were recorded. 7. No additional potential LSBOP scopes identified to assist bidder in reaching the GFE. 8. No additional LSBOPs were contacted for potential subcontracting opportunities. 9. No Request for Subcontractor advertisement(s) in print or online media outlets. 10. Optional - No requested assistance from the Compliance Department. EXHIBIT 2 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV CONCLUSION The Compliance Department’s evaluation of responsiveness and compliance are to encourage the utilization of Local Small Business Opportunity Program firms in Augusta, Georgia’s procurements. When a goal is evaluated and placed on a procurement, it is the intent that the goal will be met by the Bidder. However, if the Bidder is not successful or unable to meet the goal, it is required that the Bidder meets a Good Faith Effort with engaging potential certified firms for subcontracting or supplier opportunities. Actions taken to meet the GFE are evaluated thoroughly and can only be assessed based on supporting documentation and detailed documented efforts on required forms. The Compliance Department cannot evaluate a Bidder’s action, activity, or “intention” that is undocumented, unstated, or based on omitted bid supporting documentation. In addition, Compliance takes into account the GFE of other bidders as to whether or not they were able to meet the goal and/or pass the GFE. In this particular bid, there were two (2) other bidders.  Bidder 1 met the LSBOP utilization goal at 9% and submitted all supporting documents.  Bidder 2 did not meet the goal; however, passed the GFE and submitted all supporting documents. Based on the facts that were submitted and documents not submitted by Weinberger, Compliance had no verification or compelling proof to support responsiveness and compliance. Therefore, Weinberger was deemed non-responsive for failing to submit required documents and non-compliance for not meeting the goal and failing the GFE. EXHIBIT 2 ATTACHMENT A.2 ATTACHMENT B.1 ATTACHMENT B.2 EXHIBIT 3 ATTACHMENT B.3 ATTACHMENT B.4 ATTACHMENT B.5 ATTACHMENT B.6 ATTACHMENT B.7 ATTACHMENT C ATTACHMENT D.1 ATTACHMENT D.1 Compliance Department Kellie Irving Compliance Director Compliance Department 535 Telfair Street – Suite 610 - Augusta, GA 30901-4414 (706) 821-2406– Fax (706) 821-4228 WWW.AUGUSTAGA.GOV MEMORANDUM TO: Kellie Irving Compliance Director FROM: Tamlar Walton Administrative Compliance Technician RE: Bid Item 16-238 Furnishing for Public Defender’s Office Date: November 9, 2016 The mandatory pre-bid meeting for Bid Item 16-238 Furnishing for Public Defender’s Office was held on Friday, September 16, 2016 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. During this meeting, Mr. White from the bid and contract team, gave the attendees instructions on how to complete the procurement forms in the bid specifications. Once he finished he turned the floor over to me to provide information about the Local Small Business Opportunity Program. At this point, I gave specific instructions on how to meet the “Good Faith Efforts”. The awarded contractor must make a Good Faith Effort to solicit bids from the list of registered Local Small Business vendors. Please note our office will monitor the 9 Good Faith Effort strategies, specifically, 3 of the 9 which include providing a minimum of 5-day notice to local small businesses when requesting a bid or proposal; advertisement of the opportunity in trade journals to target areas of general population readership and women and minority population readership; detailed phone logs, and email read receipts. The attendees were also told the Compliance Department will randomly select firms to call and verify information provided on all Good Faith Efforts. After the meeting the representative from Weinberger’s Business Interiors, Charles T. Squires asked if he could get an application to register for the Local Small Business Opportunity Program. I responded of course and proceeded to take him to the office. I gave Mr. Squires the application and explained to him the criteria of the program. We have not receive the completed application back from Mr. Squires or a call with questions about the application. ATTACHMENT D.2 ATTACHMENT D.3 ATTACHMENT D.3 ATTACHMENT E ATTACHMENT E EXHIBIT 4 EXHIBIT 4 ATTACHMENT F ATTACHMENT G ATTACHMENT G ATTACHMENT G ATTACHMENT H ADMINISTRATIVE SERVICES COMMITTEE MEETING: DECEMBER 13, 2016 – 1:00 PM MOTION TO DENY THE PROTEST OF WEINBERGER BUSINESS INTERIORS AND TO LIFT THE STAY OF PROCUREMENT IN ACCORDANCE WITH AUGUSTA, GA CODE Regarding Bid Item 16-238 Furniture for Public Defender’s Office For Augusta, Georgia – Central Services Department Exhibits – Table of Contents PROCUREMENT DEPARTMENT – EXHIBITS 1 THROUGH 10 Bid Tabulation Sheet (Dated October 18, 2016) ...................................................................................................... 1 Non-Compliance Letter to Weinberger’s (Dated October 28, 2016) ....................................................................... 2 Weinberger’s Protest Letter (Received November 4, 2016).................................................................................... 3 Procurement’s Protest Response Letter to Weinberger’s (Dated November 8, 2016) ........................................... 4 Article 9 – Augusta Procurement Code .................................................................................................................... 5 Weinberger’s Appeal Letter (Received November 14, 2016) .................................................................................. 6 Procurement’s Appeal Response Letter to Weinberger’s (Dated November 22, 2016) ......................................... 7 Weinberger’s Bid Submittal (Received October 18, 2016) ...................................................................................... 8 Bid Specification with Addendums 1 through 4 ...................................................................................................... 9 ***************SECTION 2*************** COMPLIANCE DEPARTMENT – ATTACHMENTS A THROUGH H Letter to Department Regarding Weinberger Letter of Non Compliance (Dated November 28, 2016) ............. A.1 Bid Specifications Table of Contents - Specification Page 2 of 59 ...................................................................... A.2 Local Small Business Goal and Required Documents - Specification Page 53 of 59 ............................................ B.1 Instructions – Specifications Page 54 of 59 ......................................................................................................... B.2 Instructions - Specifications Page 55 of 59 .......................................................................................................... B.3 Instructions - Specifications Page 56 of 59 .......................................................................................................... B.4 Letter of Intent - Specifications Page 57 of 59 ..................................................................................................... B.5 Local Small Business Utilization Form - Specifications Page 58 of 59 .................................................................. B.6 Good Faith Effort (GFE) Form - Specifications Page 59 of 59 .............................................................................. B.7 Local Small Business Ordinance Requirements- Specification Page 10 of 59 ......................................................... C Compliance's Pre-Bid Meeting Script ................................................................................................................... D.1 Compliance's Department Internal Memo (Dated November 9, 2016) .............................................................. D.2 Mandatory Pre-Bid Sign In Sheet ......................................................................................................................... D.3 Email Inquiry for Proposer (Dates: 9/20/16: 9/21/16: 9/23/16) ............................................................................. E Bidder's Good Faith Effort (GFE) Form..................................................................................................................... F Bidder and Sub-Contractor Email (Dates: 10/12/16: 11/4/16: 11/7/16) ............................................................... G Compliance's Phone Audit Notes (Dated October 18, 2016).................................................................................. H EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 5 EXHIBIT 6 EXHIBIT 6 EXHIBIT 6 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 Commission Meeting Agenda 12/20/2016 2:00 PM CSRA Alliance Department: Department: Caption:Motion to approve $25,000 for the CSRA Alliance for Fort Gordon for their 2017 budget out of the $180k contingency as discussed by Administrator Jackson during the budget process. This process must be followed to allocate the money per Administrator Jackson. (Requested by Commissioner Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/20/2016 2:00 PM Savannah RiverKeeper Department:Clerk of Commission Department:Clerk of Commission Caption:Consider a request from Ms. Marci Miller of the Savannah RiverKeeper regarding a waiver of the fees charged by the Augusta Port Authority. (No recommendation from Finance Committee December 3, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITE}I RTOUXST }I)RM Comr:insioo medings: !'irst snd third Tucrdr.lsdc.ch mth -2:00 p.m. C,ommittcc rmr{Ing;r: Sccond rod lrrt lbcdryt dcrch montt - l$0 p.m, Comnbsion/Committec (Plcr$ cbcck om rnd inrcrt medilu drtt) Crrmmission Ilrbfic Safet-,- Commi ucc Public Scrviccs Comminee Adm inistr*ivc licrvices Comm itt* Engincrcring Sen'ices Comm ittx X f inance Commiucc Contect ldrortion fm lndividurUPrrrseailcr Mrling th Ltque*: Name: jag^t*)L-; rliltar Addrcss: ?0 f"Uptt,t"c Number. ;7-o_.g : 8rg - ?Eil'-tof, .B.rt-, ?qterr., CP 3..re@3 _- Caption/foffc of Dixus;ioa to be placed-on thr Agenda:u:q,\rrl f^,* ". 4.\ Cn-. - .-;.+4o I J Please srnd thb rrqursit fora to tbc following uldress: Llatc of Mocting &te of Mce$ng Datc of Moctirg -- Drtc of Mocting _ Datc of Mocting _ Dart ofMeting D?C. E r?pl b Fn-r Numbcr: _ k-lvhil Address: Ms.I*nr J. Bonncr Clrrt of Commissioo Suite 220 Municipd Building 535 Tclfrir Strr*t Augustr,GA .10901 Telcphonc liumlxr: 706-6al-tf1)l'rt lfumher: 7{rffi2t.1t38E-IlleilAddrrss: monrsli@augustagrgor Itcqucstt mr3 tre frxed, e-nuiled or dclivered ia prrmn rnd murt bc rcccivcd il thc Clcrt'eOlficl no hter than 5d)0 P.rn. on tbe $ednesdel pnrceding thc (hmission nreeti4 aud 5:00 p.m. on tht Tuesdry prtmain* the Commitfec p3slirU of rhc folloring reek. A lir.e-udnutr time limit rill be allowcd fir prt*atatioas. SAVANNAH RT1rERKEEPENO P.O. Box 6o Augu*ta, CA 3o9o3 Phonc: ?<16-816 8ggt I fax:7o6-8:6-EggS Ioll f r:e: 84.4-263-r4r5 I ma i I r i nfo€ sava n na h r ive r *ee per.o rg Web: wrrrw.Slv: n ne h rivcrkCepe r.Org f',lovernber 22,2016 C,ommissioner Wayns G dfoy'e Fkrance ChairAugusta Rbhmofft County Commix*on 4940 Windsa Spring Rd. HeplEibah. GA 30815 Dear Mr. Guitfoyle, Please find attached the invoice from ttr Aug[$ta Port AuthoriU- Savannah Rivcrtceeper requests that these rees be waived by the Augusta Bichrnond County Commlsslon. Savannah Bivakeeper sarv€s as the prfrnary guardian ol the Savannah Ri\er striving to respect. protect, and improvg the entirc river basin through gducation, advocacy, and action. We are a 501 c {3) non-proltl orgranization funded by indiviluals and foundEtbns that share our commitment to creating a clean and treahthy river that sustakrs llfe and is cherished by its people. Savannah Biverlceeper strives !o be an etfec-tive and stt3lainable orgnnizatbn sololy locused on making the Savannah Rlver a heatthy and prodrcrive wgteched ensurlng th€ natural, economic, and recreationalviabillty of the CSRA and the entire river bqsin. Part ol our effsts inclucle tlme dedi{Eted by Savannah Riverkeeper to the Port Atrthority itself, encouraging increased LEe and responsiHe management oi the riverfront. ln order to continue our missbn ws mugt maintain our bottom clollar on alt our fun&aising events. The ssrvbe we provide to the commun,ty depends upon fundraisers like these events- We thank you lior your consklgralion of this request. Slncerely. 1t\t^; fTlij{u* Marci Miller Develrcpment Dir€ctor Savannah Biverkeepar 706€33-9536 cell 706-826-8991 office marci0Et va 0!ta h ri verk eepef. o ro Enc los u re : Sava n nq h Brverkeeper/Port Authority I nvoice CC: Sean Frantom, Sammie Sias, Ben Hasan INVOICE From: Augusta Pon Au*rority 2040 Bridgewattr Drivc Augusta- GA 30907 706-354-s253 To: Savannah Rircrlieepcr: Attn: Mar1, J*obson Re: Riverl'mnt Eycnt Fccs Date: Noycrntrcr 9. 2016 Dcar Ms. Jacobson, Arxo{ing lo olx reconds thc Savamah Rivcrtccpcr was appmvcd hy ltrc Augusta Porr Auhority tohold four evcnl$ on tbc rivcrfr,onl in 2016. Each of rhouc i"cnrs wus subjecr t tfr. elcnl fscs appro,edby the Augusta Commission lasl y€r. Aocordirq to our calcutations and *emcx !,LTl to ),ou ar the timcyour fccs were: Paddlclcst $950Gatorfest $3S0 Augusra Rrxst $0 Rig Floar $800Total Sztm lttilc thc l)ort Authoritl' cncourages thc r.rrypnization of evens on &c river u.e ha'c ul obligation tomainain thc rivcrfront in q ccrulition drat anract-s participation in I'our erents. To that end w-e chnrycnominal fccs for exclusi'c usc of river and rivcr&ont facitities. lf 1'ou cannot afford the locs or if 1'ou betieve that 1'our evenr is sullicicntll' benct'icial kr thc ciq. to*'airc the fecs. \'()u caD appeal ro the Augusta Commirsion for a *ail'er of thc lccs. The porr Authori*.nceds vt)u lo cithcr Pa]'tlre fccs or appcal for a *ailcr so thar the funclr in qrrcstion.;t*;ii*;d;; tlrc Port Authoritl' buftel Plessc rcmit pvnrelll ()r appcal for a uaivcr aod lct mc know r+,hich path you $,anl lo takc. Sincercll.yours. g,rutO4 Frank (larl, Chairman Augusta Pon Aurhoritt Commission Meeting Agenda 12/20/2016 2:00 PM Censure of Calvin Holland 5.1.2007 Department: Department: Caption:Motion to declare null and void the public censure against Commissioner Calvin Holland approved by the Commission on May 1, 2007 and to recognize that such censure was not warranted. (Requested by Commissioner Bill Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo li l.- ",ORDINANCE NO. urur 4 c AN ORDINAI\CE TO AMEIVD TIIE AUGUSTA-RICHMOND COUNTY CODE TO ADD A NEW SECTION; AUGUSTA-RICHMOND COLTNTY CoDE g 1-1-13, PROVIDELIMITATIONS T]PON CONTACT BETWEEN TIIE IIL\YORAND COMI\{ISSIONERS wrTH EMpLOyEES; TOPROVIDE AN EFFECTIYE DATE; AND FoR OTI{ER PURPOSES. / BE IT ORDAINED BY THE AUGUSTA.RICHMoND CoUNTY CoMMIssIoN AND IT IS HEREBY ORD{IYED BY THE AUTHORITY OF'SAME, AS FOLLOWS: Section l. The Augusta-Richmond County Code is amended by adding a new section to be known as $ 1-1-13 to provide as follows: g 1-1-13. Contact with Employees. Except for purposes of inquiry and investigation, including but not limited to constituent requests, members of the Augusta- fuchmond County Commission, including the Mayor and commissioners, shall only deal with the employees of Augusta, Georgia, who are below the level of assistant department director, through the administrator, deputy or assistant adminishator(s), department directors, or assistant directors, and shall not give any order or directions to any such employee either public or privately, directly or indirectly Section 2. This ordinance shall become effective immediately upon adoption. Section 3' All ordinances or parts of ordinances in conflict herewith, are hereby .\, Il- I reneA!ed. Section 4. Should any section, provision, or clause of any part of this Ordinance be declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as apptied to any particular situation or set of circumstances be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions of this Ordinance not so held to be invalid, or the application of this Ordinance to o&er circumstances not so held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such invalid portion not been included herein. Duly adopted this 20th day of . ttarch April ,2001. First Reading: 3-20-or Second Reading:{4-er_ Publlshed in the Augusta Chroncile Aprl1 12, 2001 REGULAR }IEETING COMMISSION CHAMBER Jsday 1,2007 Augusta Richmond County Commission convened at 2'.00 p.m., May l, ZOO7, the Hon.Deke Copenhaver, Mayor, presiding. PRESENT: Hons. Holland, Smith, Harper, Grantham, Hatney, Beard, Williams, Cheek,Bowles and Brigham, members of Augusta Richmond county commiision. The invocation was given by the Reverend John Lockhart, Fellowship Baptist Church. The Pledge of Allegiance to the Flag of the United States of American was recited. Mr. Mayor: Thank you, sir. We need all the prayers we can get. Let's move on to the delegations, Madame Clerk. The Clerk: DELEGATIONSA. Mr. Willie Jones and Bob Wilson, Walton Options for Independent Living. RE: Request for in-kind serices (city bus) to support Community Fair June 14,2007. Mr. Jones: Yes, Mr. Mayor and Pro Tem and the commissioners. We are here today; my name is Willie Lee Jones and I live at 1135 Sadie Drive in Augusta, Georgia. We are-here, Walton Options for lndependent Living and we are here to express from this committee concerning a couple things. And it's a community activity for the community together we stand and it's all centered around this community for people with disabilities and it's going be at Julian Smith Casino. And tvfr. Mayor and the commissioners, Pro Tem Madame, yo, got that information before you. And we're asking for a couple vans. These vans will be stationed at the --- facility and also will be transporting people with disabilities who are in wheel chairs to come to this great event and I know many of you got your schedules pretty busy and even the, the citizens you can even make some type of change and come up andjoin us because there's going to be a lot of activities and to get to know people with disabilities and see forty, it was thirtt-tw; years ago or thirty-three years ago I did not even realize that I was going to be blind but now I'm blind and so I'm here to invite, Walton Options is here to invite these citizens of Augusta to come and enjoy some of the activities. It's from eleven to four o'clock. So this is the iequest. Two vans and um, so that these people can be transported and we really would appreciate tirat ifyou can us three. (LAUGHTER) Thank you. Oh, Mr. Mayor? Mr. Mayor: Yes, sir. How's your father doing, I forgot to ask you about that. Mr. Mayor: I was waiting for you to. He's doing okay but I appreciate you asking. Mr. Jones: Mr. Mayor? Mr. Mayor: Yes, sir. Motion carries 6-5. Mr. Bowles: Blow the dust offthat button before you press it. Mr. Mayor: Huh? Mr. Bowles: Get all the dust offyour button before you press it. Mr. Mayor: I don't have a button. The Clerk: OTHER BUSINESS 20. Discuss Commission censure of commissioner that violated city code by instructing subordinate, non-direct reporting IT personnel to copy City Administrator's Hard Drive. Acting individually without full commission approval. (Requested by Commissioner Andy Cheek) Mr. Mayor: And prior to discussing this agenda item the, all commissioners should have in front of them a memo that I sent out this morning with regards to a request that I'm making that due to the fact that it is my authority to and duty to enforce ordinances of the city I believe this matter deserves due process which I don't believe that we've had ample time to do that to this point to hear from all sides and to thoroughly review the ordinance I referenced in this. So I would ask that the commission consider that going in, consider a motion to that effect. I would also say that a portion of this I believe involves personnel and should be discussed in legal discussion. I would look to the Attorney for that but I will now hear from the commission. Commissioner Cheek, you had your hand up first. Mr. Cheek: Mr. Mayoq I have copies of the information I'd like to take forward in reading this. Due to the gravity of the situation I believe this is part of due process in that in order for anything to proceed a charge has to be made so I will read this an ask that it be entered as part of the record. This is addressed to the Mayor and Commission from me District VI Commissioner whereas all elected commissioners and the Mayor are expected to work within the city codes and rules. That out of respect for the governing body any commissioner that has suspicion of a subordinate employee should inform the body of commissioners and Mayor or appropriate administrative staff of said suspicions before taking actions unless they involve public safety or life and death. That it is illegal for a commissioner to direct the work activities of a non-direct reporting city employee. I referenced ordinance 1-l-13, Contact with Employees. That no commissioner should seek to remove material, equipment or documents from an employee's ofiice when they are on vacation unless authorized by six votes of the commission in an appropriate and follows all appropriate protocol. That a commissioner or Mayor should follow the agreed upon behavior that is the will of the body unless consent is given by the bodyof commissioners to deviate from the initial agreed upon course of action that no commissioner shall take it upon himself, herself to launch an investigation that is disruptive to the government of the City of Augusta without the consent of six members of this commission. Given thesecriteria were violated by Commissioner Holland I ask that the commission to censure said 39 commissioner for these activities as actions non-becoming an elected commissioner of the City of Augusta in violation of the city ordinance. Further that he be instructed by this body not to undertake such actions like those listed in the future. Respectfully submitted, Andy Cheek III Commissioner District VI, Richmond County. Mr. Mayor: Okay. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. In lieu of Commissioner Cheek and his statement first of all I've got two issues. The first one is that we need to have another attorney present for this attorney here is somewhat named in this uh, discussion that's going to be appointed. I don't think he can legally give an interpretation for the law or for this govemment, governing body. That's my first point. The second point is that I think that Commissioner Holland wants due process. I feel like he hasn't had due process. We ought to afficrd him that opportunity to utq to spealq or to accept or to do whatever he wants to do. But I think if we're going to talk about this we certainly need to talk about it in the open, get it all out and get it over with. It's already been all over the media. Sylvia Cooper had had a field day. I don't know if she got a raise of not but she should have. The news media, George Eskola Twelve and all the other local media have had their day with this commissioner and I feel very upset that he has not done anything out of the guidelines of the elected offrce that he holds. But before we go any further I think we need to look at whether or not this attorney is the attorney that needs to be sitting here to answer because his name will come up in this conversation if we commence to talk about this, Mr. Mayor, so I think that's the first thing is give Commissioner Holland that right to find out whether he thinks that he has had due process before the news media ate him alive and he needs to get used to that cause they'll do it every time. But uh, that's my first statement. Then we need to get a legal opinion from somebody else whether or not this attorney can sit here and make an intelligent utr, I guess decision to --- Mr. Mayor: Okay. Mr. Williams: --- come to this point. Mr. Mayor: Okay, Commissioner Hatney. Mr. Hatney: I think Commissioner Cheek did a great job in his analysis but uh; I call his attention to that very ordinance that he's talking about. That first line wipes out all the possibility of any wrong doing because that first line says except for purposes of inquiry and investigation. Except for. That first line makes that very clear that he was operating within his authority. It might have been something I wouldn't have done, not me but he's not operating out of his authority. It's the very same argument came up in '03 and they discussed it about an hour. And it's some of the same folks who has a problem with it now was aparl of that argument and finally they voted if I'm not mistaken ten to nothing to uphold this ordinance granting to commissioners the authority to ask for information. This is not the first time this has come before the body. We weren't here but some of these folks are here that were here. And some of them made the same argument that they felt like it was within the rights of the commissioners all of a sudden. All of a sudden it's all wrong so my concern is that due process is a thing that is 40 necessary if something was done illegal. There's nothing illegal done about this. Absolutely nothing. Mr. Mayor. Okay, I'm just going to before we move I will recognize, we're going to stick to the two-minute time limit. I will recognize everybody twice on this issue. I still you know obviously some people feel differently about it. I still think it would be good to have time to discuss it more than just in this session but I just say that sort of as the ground rules to this situation. Commissioner Holland. Mr. Holland: Thank you, Mr. Mayor. Once again I was looking at this information in reference to what Mr. Cheek has come up with. It's very analytical. This is not about me this is about the people of Augusta. Now nobody said anything about due process when the TV cameras were rolling all last week when the phone calls were being made all last week when you Mr. Mayor, Mr. Russell and Mr. Cheek was all on television trying to hang me out in the cold. Simply because I followed the right codes and I did not violate any codes whatsoever. As a matter of fact as long as yesterday some of the commissioners read the ordinance, looked at the ordinance and they have even agreed to the point that I did not violate any code or did not violate any ordinance. Now as Mr. Williams, Commissioner Williams has stated we do have someone in here who should not be in here at this particular time simply because he was involved in doing something similar to what I had requested. I did not go to anybody's hard drive I requested information through the IT department. I followed protocol. I followed the procedure. Who is the director of IT? Was she available? Who was in charge in her absence? What are their titles? Did Mr. Shepard and Mr. Jessup make a request for Vanessa Flournoy's hard drive when they got it from here computer? Mr. Mayor: I would say --- Mr. Mayor: In a minute. Wait a minute Mr. Mayor. Mr. Mayor: Mr. Holland, we're getting into personnel issues that need to be discussed in Legal. Mr. Holland: Let's excuse this gentleman because you all have taken me through the news media and you have tried to just humiliate me in reference to making it appear as if I've done something wrong, like I committed a crime. When I campaigned I campaigned for the people of Augusta and I told them that I would keep them involved on information that came through this government. And that is information that needs to be shared with the people ofAugusta. That computer belongs to the City of Augusta. It is not Mr. Russell's perionnel computer. I did not ask a custodian or janitor or somebody else to go and get information off ofhis computer. Had he been here I would've asked him. But he left so I followed the nextprotocol and procedure, which was correct and I did not violate any protocol no way, shape, form or fashion. For some reason or another you all are trying to come up with a violation thit Imade. And as I just stated some commissioners have already this ordinance even on yesterday and this morning and you even, Mr. Mayor, got on television and was not even able tb give anintelligent response to --- 41 Mr. Mayor: Okay, Commissioner Holland --- Mr. Holland: --- to the news people when they asked you a question. Mr. Mayor: --- you're at you two-minute time limit. Mr. Holland: Mr. Mayor, you're going to have to have security to come in here and take me out because you are not going to stop me from talking --- Mr. Mayor: Commissioner Holland -- Mr. Holland: --- in reference to what I have --- Mr. Mayor: Commissioner Holland --- Mr. Holland: -- has happened to me --- Mr. Mayor: I will recognize you another two minutes. Mr. Holland: --- you're trying to destroy me and turn all the information --- Mr. Mayor: GAVEL Mr. Holland: --- you can hit the gavel as many times as you want to --- Mr. Mayor: Commissioner Holland, you will follow procedure on this matter. Mr. Holland: We are going to discuss this today and we're going to discuss it to the end because I have not violated any procedure I have not --- Mr. Mayor: No, this is, I am calling you out of order now. And I am, I will not put up with this in these chambers. With reference to what I've said to the press I stated if in fact theri was an infraction I requested that due process be given. I will not put up with outbursts, playing to the crowd. The people you referenced that we represent are 200,000 people. fhey are not solely the people in this room. Mr. Harper. Mr. Harper: Thank you, Mr. Mayor. My problem is the due process factor. I think um, I received a phone call as well. I didn't make a comment because I thought that it wasn't my place as an elected official to comment on another commissioner. Even though Mr. Holland was being dragged through the media, TV and everything, paraded around I thought that it was wrong foi anybody to make a comment not allowing him the right to have due process. With that said tyield the remainder of my time to Commissioner Holland. Mr. Holland: Thank you, Mr. Harper. I also would like to know, Mr. Mayor, are we going to still let Mr. Jessup sit in here since he is under investigation also. 42 Mr. Mayor: We are, we're getting into personnel issues and let me say that we are dealing with the agenda item as stated. There is solely one agenda item to discuss and that is what Commissioner Cheek has put on there. And we are not dealing with any other personnel issues revolving around this matter right now, those, the appropriate and legal manner to handle those is in Legal session. Mr. Holland: Mr. Mayor, we're talking in reference to receiving information from a computer and the information that I requested from a computer I did not get. Mr. Russell was insubordinate along with the gentleman with whom I requested specific information from by saying no. That is totally insubordinate to say no to your supervisor. If he would ask a department head for some information and that department head would tell him no then he would be ready to reprimand that particular department head immediately. Mr. Mayor: But he is an employee --- Mr. Holland: He is an employee --- Mr. Mayor: -- olthe city. Mr. Holland: --- and I am an elected commissioner. I am even your supervisor --- (LAUGHTER) Mr. Mayor: Oh, man. Mr. Holland: --- as a mayor. Mr. Mayor: Let me tell you this. We as elected offrcials are public servants. We are not above the people. Mr. Holland: We are all public servants. He is, I am supervisor over Fred Russell. He reports to me and the other nine commissioners. Mr. Mayor: I --- Mr. Holland. Now where does that place me or you? Okay. Now the information that was discussed, how could they go and get information off another person's hard drive and I made the same request and I was refused that same information. Wai that fair? No, it was notfair. Was that legal? No, it was not legal. Did I contact the right people? yes, I did. Whycould that individual go and get some information off another computer as requested and then when time to get information offof Mr. Russell's computer he had to call Mr. Russell onthe telephone and tell him what was being requested so Mr. Russell could say not to what I had done. Mr. Mayor: Okay. 43 Mr. Holland: And I followed all the procedure, all the protocol, contacted the person that was supposed to have been contacted and I followed all of that procedure. Now to censure me, you know I'm glad my wife gave me a notebook. Cause I looked at some notes that I had -- Mr. Mayor: Okay. Mr. Holland: Let me finish. Let me finish this. I sat in those chambers over there where the gentleman and Ms. Cooper's sitting about a year and a half and two years ago, about two years ago. When we all took Miss Theresa Smith and paraded her up here and Ms. Smith discussed the fact that she was not privileged to information that was discussed by commissioners with her employees at that particular time. Did anybody discuss censure then? No, they did not. Did anybody discuss censure with Shepard and Jessup? Disrespected three commissioners here? But all of a sudden --- Mr. Mayor: You are making --- Mr. Holland: -- I have made a request for some information from Mr. Russell, you want to censure me. Mr. Mayor: Commissioner Holland. Mr. Holland: And you drug all of this information through -- Mr. Mayor: Commissioner Holland. Mr. Holland: -- the media and you are wrong. Mr. Mayor: Commissioner Holland. Mr. Holland: You are wrong. Mr. Mayor: I would like to get a motion on this either to receive as information. We need, this is making a mockery of these proceedings. Mr. Holland: It wasn't making a mockery when you all were on television. Mr. Mayor: And I understand that you were on the radio. Mr. Mayor. That's right, I was on the radio and I was glad that someone thought enough of me to come by and ask me --- Mr. Mayor: Okay this is, this is --- Mr. Holland: --- to explain it on the radio. Mr. Mayor. Okay, this is, this is a disservice to the people of this community. 44 Mr. Holland: It was a disservice to me when you got on television and --- Mr. Mayor: It is reference in our Rules of Procedure that you do not address people personally. This has become --- Mr. Holland: When then you shouldn't have addressed me personally on television. I'm not going to back offon this. Mr. Mayor: If you'd like to review the tapes I never mentioned your name. Commissioner Cheek. Mr. Cheek: Mr. Mayor, I would cite again Section 1-l-13 and if it is read in it's entirety it would say that we are not to talk to and I'm going to paraphrase in the interest of time thit below department head level personnel unless we go through the Administrator. We're also sworn to uphold the highest standards as we can to avoid impropriety and the, the appearance thereof and I certainly think removal of or attempted removal of a hard drive to ascertain information from it in the absence of an employee who's on vacation has certainly has smacks of secrecy, bad tactics, sneakiness ifyou, for lack ofanything else. Mr. Holland: Mr. Mayor --- Mr. Mayor: You have not been recognized. I am allowing Mr. Cheek his time. Mr. Cheek: And I hope l'll have those additional few seconds back, Mr. Mayor. I represent a district of people who deserve to be represented. When any one of us, and I have fought this since I've been here, when anyone ofus has our due process by being not considered when investigations are ongoing and things that can disrupt this government by not being askedor included in or part of these plans that are afoot to basically disrupt the entire upper infrastructure of this government. That takes not only my right as a commissioner away tt-be involved in decisions that are being made that affects staff employees that are important to this government but it takes the rights of my 32,000 plus constituents away. No man sitting on this board has a right to do this. Mr. Mayor, you're the only one here elected by the entire ciiy. you are not subordinate to any of us. Mr. Mayor, I also suggest that we look at this very seriously because if we get into a situation to where under whatever flag we want to wave or whatever title we want to say that we have eleven bosses going around --- Mr. Mayor: Okay. Mr. Cheek: -- pulling hard drives and investigating -- Mr. Mayor: Okay -- Mr. Holland: Hit your gavel. Mr. Cheek: -- work activities of employees --- 45 Mr. Mayor: Okay, you're wearing it out. Mr. Cheek: --- we will have chaos. Mr. Mayor: Commissioner Cheek --- Mr. Holland: You didn't hit your gavel. Mr. Mayor: I forgot you are above me. Commissioner Williams. Mr. Williams: Thank you, Mr. Mayor. I'm glad to know that somebody else is notpointing the finger at Marion Williams this time and it's Calvin Holland but I appreciate Mr.Holland for what he's doing. I think he's well within his rights. Mr. Mayor, you are a full-timepaid employee and I believe that you fall under the commissioners. If I suspected that there was something done in your office that was on the taxpayers computers L feel like that as a commissioner I had to right to inquire and to find out about it. Now let's go back just for a second. I want to slow it down just for a second. This whole thing started, we're going to talk about the hard drive but let's go back to where this whole thing started when we, when Mr. Jessup recommended that we fire a person and that person was given an opportunity to be terminated --- Mr. Mayor: We are discussing personnel --- Mr. Williams: Yes, sir, this is --- Mr. Mayor: --- in these chambers and this putting us in hot water --- Mr. Williams: --- taxpayers business. This ain't private stuff, this is taxpayer's business. We ain't talking prior entity. Now when Mr. Jessup made that statement and-I hope I get the same seconds back that Mr. Brigham trying to take but he won't take away but he's trying to. When we discussed taxpayers employees that Mr. Jessup had terminated and then he wentlnto her computer and done the same thing. Mr. Holland in turn as an elected offrcial did the same thing. Now any Joe Hooker can get an investigation done on me as an elected oflicial for a feel I done something wrong had the BGI, the FBI, the CIS and all those other entities out there thatwant to check me as an elected official but he being an elected official by the people can't ask about an employee about the Administrator? Unless he has his own private computer he would have been wrong to go into his private business but any computer in this government, he has the authority to look into it if he suspects something is done wrong. Now this lady was fired because she had a business that she was transacting on the city's computer. But sheis not the only one.There are several other people that have been named, Mr. Mayor --- Mr. Mayor: In fairness --- Mr. Williams: --- doing things on their computer and we had not said one thing about that. 46 Mr. Mayor: I said the same thing to Mr. cheek. your two minutes is up. Mr. Williams: I asked you to do that, Mr. Jessup to be removed but you preferred to leave him here. Mr. Mayor: No, I --- Mr. Williams: Mr. Jessup --- Mr. Mayor: We're dealing with, we are not dealing with --- Mr. Williams: Mr. Jessup is the main cause of this whole event --- Mr. Mayor: We are dealing with a single agenda item. I would like to get a motion some how so we can dispose of this agenda item and move on --- Mr. Cheek: Motion to censure, Mr. Mayor. Mr. Mayor: Is there a second? Mr. Brigham. Second. Mr. Mayor: okay, we have a motion and a second. commissioner Harper. Mr. Harper: Substitute motion. I believe I'd make a motion that Mr. Jessup excuse himself from these proceedings. Mr. Holland: I'll second that motion. Mr. Mayor: That's not on the agenda item at hand. Mr. Holland: But he's involved. Mr. Mayor: No -- Mr. Brigham: He's not involved. Mr. Williams: Mr. Jessup is truly involved in this situation and Mr. Jessup --- Mr. Mayor. No, no we will run this meeting by the policies and procedures that govern this body. We are dealing with this agenda item. That motion has nothing to do with this igendaitem. This simply is, it was requested by Commissioner Cheek, we wilidispose of this alendaitem and we will move on. Mr. Harper: Do I still have the floor, Mr. Mayor? 47 Mr. Mayor: Commissioner Harper. Mr. Harper: I yield my two minutes back to Mr. Holland. Mr. Holland: Thank you,Mr. Harper. Mr. Mayor: This is literally making a mockery ofthe governmental process. Mr. Holland: It's only making a mockery out of it, lvlr. Mayor, simply because I have done what was right and you all have not been able to find any violation of what I have done in reference to requesting specific information from a city government computer. That computer belongs to the government. I went through the proper protocol, the proper personnel and requested the correct information from that computer. Now that same individual was able to go to another computer and pull information off that computer but he was not able to go to this computer and get information off of that one. Why? I made the same contact with him other commissioners have made the same contact with that individual so why was it so different from I did in comparison to what Shepard and Jessup did in reference to taking the hard drive off of Vanessa Flournoy's computer and turning it over to the police. Right is right and wrong is wrong. This is the same game but the rules change when certain people are involved. And if you look at it all the way down through this government the rules change when certain people are involved. And it's high time for these changes to be brought forth and for the people to do the right things in this local government. That's what I was elected for, that's exactly what I'm going to do and you have the unmitigating gall to even want to thing about censuring a fellow commissioner. You should have been working with me to try to help find information that is illegal on the computer --- Mr. Mayor: Okay, your time is --- Mr. Holland: -- rather than trying to go against me --- Mr. Mayor: Commissioner Holland. Mr. Holland: -- to make it appear as if I'm a criminal. Mr. Mayor: Commissioner Holland, your time is up. Mr. Holland: That's so unfair. Mr. Mayor: Commissioner Hatney. Mr. Brigham: Callthe question. Mr. Hatney: Mr. Mayor. 48 Mr. Mayor: Commissioner Hatney. The question has been called for but Commissioner Hatney had his hand up first and I recognize him. Mr. Hatney: That's okay. Call for the question. Mr. Mayor: Okay, the question has been called for. The motion on this agenda item as recognized is to proceed with the censure. If there's no further discussion, there is not as the question has been called for commissioners will now vote --- Mr. Holland: Who seconded it, Mr. Mayor? Mr. Brigham: I did. Mr. Mayor: Commissioner Brigham. Mr. Holland: I figured that. Mr. Mayor: Commissioners will now vote by the usual sign. Mr. Hatney, Mr. Harper and Mr. Holland vote No. Mr. Williams out. Motion carries 6-3. Mr. Mayor: Okay, that agenda item has been disposed of. Item number --- Commissioner Hatney, point of personal ppivilege? Mr. Hatney: Yes, point of personal privilege. What does that mean? Mr. Mayor: Mr. Jessup? If I'm correct, Commissioner Hatney, and I want to say it's just, it is simply and I went to the Internet and looked it up. It is an admonishment or a reprimand and that's all it is. Mr. Hatney: But it really don't mean nothing? Mr. Grantham: Nothing. Literally nothing. Mr. Mayor: No, it really doesn't mean nothing. All righty --- Mr. Holland: -- kangaroo court. Mr. Mayor: The next agenda item I believe we have to be in Legal to receive, which I would look for a motion to move into Legal -- Mr. Brigham: Motion to approve. 49 Commission Meeting Agenda 12/20/2016 2:00 PM Resolution of Support Non Partisans August 1st of each year. Department: Department: Caption:Motion to adopt a Resolution in support of Augusta, Georgia Nonpartisan elected officials taking office on August 1st each year. (Requested by Commissioner Wayne Guilfoyle) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo RESOLUTION A RESOLUTTON IN SUPPORT Or AUGUSTA, GEORGIA NONPARTISAN ELECTED OFFICIALS TAKING OFFICE ON JULY 1 OF EACH YEAR WHEREAS, thg City of Augusta and Richmond County Georgia were consolidated in 1996 by the Georgia Legislature'; and WHEREAS, O.C.G.A g 2l-2-139(a) provides "All nonpartisan elections for members consolidated govemments shall be governed by the provisions of this Code section and shall considered county elections and not municipal elections for the purposes of this Code section." WHEREAS, in accordance with applicable law, all nonpartisan elections for the consolidated government of Augusta, Georgia are held in May of each year, but such officials do not take office until the January following such election; and WHEREAS, the lengthy delay between the time of the nonpartisan election and the time such officials take office is unfavorable to the administration and functioning of the consolidated government of August4 Georgia; and WHEREAS, O.C.G.A 5 2l-2-139(a) provides "Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision."; and WHEREAS, The Augusta, Georgia Board of Commissioners desires that nonpartisan elected officials take office on.Iut}.l following the May election for such elected officials; and Autut+TIIE COMMISSION OF AUGUSTA, GEORGIA IIEREBY RESOLVES that it is in support of Augusta, Georgia nonpartisan elected officials taking office on July 1 of each year and hereby requests that the Augusta, Georgia Legislative Delegation present this request to the Georgia Legislature. Duly adopted this _ day of 2016. AUGUSTA, GEORGIA By: Hardie Davis, Jr. As its Mayor ATTEST: Lena J. Bonner, Clerk of Commission of be I See 1995 Ga. Laws p. 3648. Commission Meeting Agenda 12/20/2016 2:00 PM Resolution World Health Organization & AARP Department: Department: Caption:Motion to adopt Resolution in Recognition of The World Health Organization (WHO) & The AARP. (Requested by Commission Bill Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo OFFICE OF MAYOR HARDIE DAVIS, JR. d$s $''W@tgug% Resolution In Recognition of The World Health Organization (WHO) & The AARP IIHEREAS, the global population of people aged sixty and over is expected to grow from six hundred million in 2000 to almost wo billion by 2050, and in the lJnited States, the population of people aged sixty-five and over is expected to grow from thirty-five million in 2000 to eighty-eight and a half million by 2050, taking the total share of the sixty-five plus population from twelve percent to twenty percent of the total population; and WHEREAS, research shows that older Americans overwhelmingly want to remain in their homes and communities as they age and access to quality health care and long-term services and supports is essential forindividuals to live in their homes and communities and of the eighty percent of adults sixty-five and older living in metropolitan areas, sixty-four percent live outside the principal cities of these areas in suburban locations that tend to be auto-dependent, creating challengesfor residents who do not drive; and WHEREAS, of the eighty percent of adults sixty-five and older living in metropolitan areas, sixty-four percent live outside the principal cities of these areas in suburban locationi that tend to be auto-dependent, creating challenges for residents who do not drive and twenty-one percent of adults age sixty-five and older do not drive, and more than half of these non-drivers do not leave home on a given day, in part because they lack transportation options ; and ,YIIEREAS, the World Health Organization (l{rHO) and AARP developed a Global Network of Age-Friendly Cities and Communities, that proudly includes the City of Augusta, Georgia, to encourage and promote public policies to increase the number of cities and communities that support improving the health, well-being and quality of lfefor older Americans; and WHEREAS, the WHO and AARP developed outdoor spaces and buildings, transportation, housing, social participation and diverse inclusion, civic participation and employment, communication and information, community support and health services that inJluence the health and quality of ltfefor older people; and NOW THEREFORE BE IT RESOLWD THAT Mayor Hardie Davis, JR., Mayor of The City of Augusta,Georgia' and the Augusta Commission, Hereby, supports and expresses appreciation to The WbntO HEALTH ORGANIZATION (WHO) and The AARP and commends Commissioner William Lockett for his leadership in advancing Augusta, Georgiaforward as an Age-Friendly city. BE IT FURTHER RESOLWD, THAT THIS ORDER SUPERSEDES ANY PREWOUS ORDERS, PROCLAMATIONS, OR DIRECTIWS IN CONFLICT. Given under my hand This l3rH day of DECEMBER 2016 Hardie Davis, Jr. Mayor Commission Meeting Agenda 12/20/2016 2:00 PM Affidavit Department: Department: Caption:Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo