Rockmart City Council looking at liability issues around emergency shelter for the homeless
♦ Concerns over city’s responsibility in temporary cold weather shelter requires legal answers from city attorneys
Over the past two years, the Rockmart Homeless Initiative and the City of Rockmart have partnered together when it gets dangerously cold outside to provide a place for people without a warm place to get out of the elements.
Now that practice is under review after concerns have been raised by the Rockmart City Council over what liability they have when they take in the homeless for the night in the Hogue gymnasium.
As the cold weather begins to arrive in Polk County, Rockmart Homeless Initiative board member Victoria Millhollan told the city council she’s been getting questions about whether the shelter will be made available or not during the winter of 201819. She also came to raise awareness about homelessness and the issues surrounding the problem all over the country during National Homeless Youth Awareness Week.
She asked the council for a straight answer about whether the city would continue the policy as they have for the past two years, or whether the Rockmart Homeless
“Last year, the City of Rockmart approached our organization the Rockmart Homeless Initiative and we partnered together in it,” she said.
She added that individuals and churches in the community also pitched in during the coldest days and nights of the winter of 2017-18 to provide food and volunteer support during those days, and over the past months the organization has opened a resource center.
However the city’s main issue at the moment has nothing to do with providing the service, which they started in 2016 and during the first year had no takers.
Now as the number of people who utilized the service has grown, the issue over what liability the city has over a transient population and the potential for trouble is a great enough concern they want some assurances from the city’s legal representatives before moving forward.
That was what was requested of McRae, Stegall and Peek’s attorney on hand for the November council session after a long discussion between Millhollan and city council members over their responsibilities.
Millhollan argued that not providing the emergency cold weather shelter only when the temperature drops below 25 degrees Fahrenheit that will leave those who are sleeping in tents out in dangerous weather conditions, or force people who are sleeping in abandoned houses to start fires to warm themselves which pose danger to neighboring properties if left uncontrolled.
She even went so far to say that if the city didn’t open the shelter and someone died due to the cold weather, it would ultimately be their responsibility.
City council members did say they were open to the idea of providing the space again if the Rockmart Homeless Initiative provided liability insurance of their own should incidents occur like someone utilizing the emergency cold weather shelter getting hurt while in the gym. They also sought to settle the question of what specifically their own liability insurance will cover under such situations and what it won’t.
Council member Rick Stone did question how coverage of those in using the emergency cold weather shelter would be any different in terms of the city’s current coverage for such incidents that happen when the recreation department hosts youth in the gym for basketball games or at the city-built baseball and softball fields at the Nathan Dean Sports Complex for tournaments.
Millhollan also argued that many of the homeless people she’s served over the past months are natives of Polk County, though city officials argued otherwise and made the point that though they want to help the homeless, they aren’t technically citizens of Rockmart if they don’t have a permanent address, or pay taxes.
Thus the city made no decision on the emergency cold weather shelter in November, but the council set forth a plan to caucus again before their December meeting to find out the answers they want about the city’s liability before moving forward.
Ultimately their stance fell as one of protecting the city from being responsible should anything occur they can’t plan for while the emergency cold weather shelters are open. However they remain open to the idea of continuing the service, and praised Millhollan’s passion for her commitment to helping those in dire straits.
Council members did also ask about whether the organization had the volunteer staffing in 2018 to help provide services to those utilizing the temporary space, and Millhollan said the Rockmart Homeless Initiative was ready to step up in that regard.
She added when also asked about partner organizations from around the county that she is exploring help from all corners of the area, including partnering with churches in Cedartown to provide the same service for any homeless who find themselves outdoors in the coldest nights of winter.
Millhollan said that would likely be an expansion planned for the winter of 2019-2020.