Protocol for Direct Assistance for Gazette Families Fund

BACKGROUND

On June 28, 2018 a gunman forced his way into the newsroom in Annapolis with a shotgun killing five people and injuring two others. Officers responded to the scene within a minute of the rampage and found employees fleeing from the building. The suspect was found hiding under a desk and was arrested.

The Annapolis community was shocked and heartbroken. Grieving colleagues began covering the story — some of them immediately upon escaping the building.

The following morning, the Community Foundation of Anne Arundel County (CFAAC) was contacted by Media Group and asked to administer the funds that were being donated to support the victims and their families. The Capital Gazette Families Fund (Fund) was established in coordination with tronc, Inc., to honor the lives of the five employees that were killed during the tragic shooting.

While we know financial gifts cannot erase the traumatic impacts of tragedy, we hope that these gifts, given by thousands of people from around the world, will be a symbol of caring and help the employees and their families begin to heal.

Through this fund we cannot solve all of the problems arising from this event, we cannot bring back those who were killed, nor erase that which was witnessed and endured by the survivors. The gifts made from this Fund are qualitatively different from other sources of tragedy relief. These gifts are not based on any economic loss or expenses incurred as a result of the incident. Additional assistance may be provided by the Criminal Injuries Compensation Board and other sources.

No one has a legal claim or entitlement to these funds. They are a GIFT, an act of charity from the tremendous generosity of thousands of individuals, businesses and foundations.

CFAAC’s role is to serve as the administrator of the Fund and fairly distribute these gifts for the direct benefit of the victims and their families. We are inspired and overwhelmed by the generosity of the public to help the victims. In support of our community, CFAAC is waiving all fees for the administration of this Fund so that 100% of the gifts received by December 31, 2018 (deadline for donations) for the benefit of these victims and their families will be distributed directly to them. The success or failure of this Fund will not be measured in the amount of money raised, but rather by whether the funds were distributed in accord with the intent of the donors in a fair and transparent manner.

CFAAC formed a Distribution Committee (Committee) composed of independent experts and community volunteers to develop the protocol for distribution of the gifts received. The committee has developed the following protocol for the distribution of the donations received to support those most significantly impacted by the June 28, 2018 shooting at the Capital Gazette news office. The goal of the guidelines is to provide a transparent and equitable process for distribution of the gifts to the victims and their families. The protocol below has been created to be used specifically for the incident on June 28, 2018. PROTOCOL

The Capital Gazette Families Fund (Fund) was created out of the generosity of thousands of individual donors, businesses, and foundations in response to the tragic shooting at the Capital Gazette news office on June 28, 2018 in Annapolis, MD. This Fund is an Expendable Field of Interest Fund held at and administered by the Community Foundation of Anne Arundel County (Administrator) which is a tax-exempt entity under Section 501(c)(3) of the Internal Revenue Code.

TO BE ELIGIBLE FOR BENEFITS, ALL APPLICATIONS MUST BE SUBMITTED THROUGH THE ONLINE APPLICATION PORTAL NO LATER THAN OCTOBER 15, 2018.

ELIGIBILE INDIVIDUALS

Individuals employed on June 28, 2018 by the Capital Gazette are eligible to apply for assistance.

If the eligible applicant is deceased, the surviving spouse or court appointed personal representative is eligible to apply for assistance on behalf of the decedent’s legal heirs. The proposed plan will be distributed to all such eligible applicants, each of whom must consent to the proposed distribution.

In circumstances where the decedent was at the time of his/her death engaged to be married or cohabitating with a domestic partner, the Administrator may, in its discretion, allow the fiancé or domestic partner to be included in the proposed distribution plan.

When a Maryland resident dies without having made a Last Will and Testament, the intestacy succession laws found in the Estates & Trusts portion of the current Maryland Code, Title 3, Subtitle 1 dictate who inherits the deceased person's probate estate. The Fund Administrator is not qualified to provide legal advice. Please seek legal counsel as appropriate.

CATEGORIES OF ELIGIBLE APPLICANTS

Determination of the amounts for each eligible applicant will depend upon the following: (1) the total amount received into the Fund by December 31, 2018; (2) submission of completed application and required documentation; (3) completion of the review of all submitted applications and documentation; and (4) review and final approval of payments by the CFAAC Board of Trustees.

The Administrator will obtain confirmation of employment based on tronc, Inc. records as of June 28, 2018.

The Administrator will obtain confirmation of employees’ presence in the Capital Gazette news office on June 28, 2018 based on the official Anne Arundel County Police Department incident report or other official government document.

CGFF Protocol for Direct Assistance 9.24.18 2 A. Application for Death Benefits Eligible applicants for the victims who were killed as a result of the Capital Gazette shooting will receive payment under the scope of these guidelines.

B. Individual with Injuries Requiring Overnight Hospitalization Eligible applicants who were hospitalized on June 28, 2018 for one or more nights due to physical injuries resulting from Capital Gazette shooting will receive payment under the scope of these guidelines.

C. Individual Requiring Emergency Out-Patient Treatment Eligible applicants, who were physically injured on June 28, 2018 as a result of the Capital Gazette shooting who were treated on an emergency out-patient basis no later than Friday, June 29, 2018, at an area hospital or clinic, and released without an overnight hospital stay, will receive a payment under the scope of these guidelines.

D. Individual Present in the Capital Gazette News Office Eligible applicants who were physically present on June 28, 2018 in the Capital Gazette news office, at 888 Bestgate Road, Annapolis MD, 21401, during the time of the shooting are presumed to have experienced emotional distress, and without any other qualification, are eligible to receive payment under the scope of these guidelines. Proof of such physical presence will be based upon police reports or other official government documents.

E. Individual Not Present in the Capital Gazette News Office Eligible applicants not physically present in the Capital Gazette news office, at 888 Bestgate Road, Annapolis MD, 21401, at the time of the shooting, are presumed to have experienced emotional distress, and without any other qualification, are eligible to receive payment under the scope of these guidelines.

INTENDED USE OF ASSISTANCE

The assistance is intended to support employees and their families as a result of violence that has changed their lives forever. There is no restriction on the recipient for use of these gifts. We believe that the victims and survivors are in the best position to determine the most beneficial use of the gifts to aid with their healing. We also believe that empowering victims to decide for themselves is yet another way to help them regain the control that was taken from them on June 28, 2018.

DISTRIBUTION PROTOCOL

• The need for this assistance must stem directly from the act of violence perpetrated on June 28, 2018 at the Capital Gazette news office. • Supporting documentation, with signatures, is required and must be submitted with the application. Documentation must be dated and on letterhead or statement of state, city, or other “owned” party (e.g. death certificate from the state). • Distributions will be made without regard for race, color, religion, national origin, age, gender, or other protected status in accordance with the Administrator’s Nondiscrimination Policy. • The total amount of payments distributed will be equal to total amount received for the employees and families impacted by the June 28, 2018 incident. CGFF Protocol for Direct Assistance 9.24.18 3 • The Fund will stop accepting donations for this specific incident on December 31, 2018. • An individual audit of this Fund will begin March 1, 2019 and will be available to the public and posted on the Administrator’s website at www.cfaac.org.

GIFT DISTRIBUTION

In order to remit funds quickly to victims in need, honor the intent of the donors who contributed to the fund, and ensure transparency, assistance will be made using the Horizontal Equity1 method with the severity and impact of the disaster on the named applicant and his/her family considered to the extent possible. This distribution model has been consistently used across the as a result of mass shootings and other terrorist-type acts of violence. All payments from this Fund are to be apportioned to the victims in accordance with this model.

In the event an eligible individual chooses not to apply or fails to apply for assistance by the deadline of October 15, 2018, the total funds available will be divided among the verified eligible applicants.

Assistance will be distributed in two payments. The first payment will be made on or after November 15, 2018. A second payment will be made on or after January 15, 2019.

Death Benefit assistance will be reduced by the related funeral expenses previously disbursed.

VICTIM APPLICATION ASSISTANCE

A. The Administrator will conduct outreach to eligible victims of the Capital Gazette shooting by telephone, in person, and other forms of electronic communication to provide them with information about the application process, to answer questions related to the submission of Applications, to assist victims in curing deficiencies on Applications, and to work to ensure that all eligible individuals who wish to submit Applications are able to do so before the October 15, 2018 deadline.

B. The Administrator conducted a meeting on August 14, 2018 for the victims and their families to explain the protocol and the application submission process.

C. Optional face-to-face meetings with the Administrator will be scheduled at the applicant’s request. All Applications will be processed during the period between October 15 through October 30, 2018. All applicants requesting face-to-face meetings with the Administrator before the Application is processed will be afforded such a meeting during the period between October 1, 2018 and October 12, 2018. Meetings will be scheduled at mutually convenient times and locations. In lieu of a face-to-face meeting, the applicant may request a telephonic meeting. To request a

1 Designing Compensation Programs for Individual and Households After Man-Made and Natural Disasters in the United States, Steven Garber, Rand Corporation, 2016 (https://www.rand.org/content/dam/rand/pubs/research_reports/RR1000/RR1005/RAND_RR1005.pdf)

CGFF Protocol for Direct Assistance 9.24.18 4 meeting, please send your request via email to [email protected] or by telephone at 410.280.1102.

APPLICATION PROCESS

A. Eligible Individuals must submit an Application for benefits in order to receive a payment from the Fund. THE APPLICATION MUST BE SUBMITTED BY THE DEADLINE OF OCTOBER 15, 2018. The Application will provide the opportunity to specify whether they are seeking benefits for a Deceased Victim, an Application for benefits for Physical Injury, and/or an Application for benefits for Presence In or Out of the Capital Gazette news office. A link to submit an online application for benefits and these protocols will be emailed to all known potential applicants.

B. Access to the online Application will be available beginning October 1, 2018. Applicants who lack access to the Internet are invited to call 410-280-1102 for guidance on alternative submission assistance.

C. Documentation will be required for completion of the Application including, but not limited to: Proof of identity; death certificates; marriage certificates; birth certificates; documentation of Court appointment as personal representative of the victim; proof of intent to marry (“engagement”) or cohabitation; proof of medical treatment; hospital discharge orders; etc.

D. It is recommended, but not required, that only one Application for Death Benefits be completed for each deceased Eligible Individual to save time and reduce duplicate submissions.

E. Questions regarding the completion of an Application can be sent via email to [email protected] or by telephone to 410-280-1102.

F. In the event that an applicant submits an incomplete or deficient Application (e.g., the applicant failed to include required documentation or failed to fully complete the Application), the Administrator will notify, via phone and/or email, the applicant in an effort to cure any such deficiencies.

G. The Fund Administrator cannot provide tax advice to those receiving payments from the Fund. The Administrator recommends you consult your tax advisor for any questions regarding tax liability for these payments.

H. If a victim or a family member of a decedent is denied verification of eligibility they have the right to appeal within 15 days of the date of the notification letter. Send appeals to: Capital Gazette Families Fund Appeal, c/o CFAAC, 914 Bay Ridge Road, Suite 220, Annapolis, MD 21403.

CGFF Protocol for Direct Assistance 9.24.18 5 DRAFT TIMELINE

Week of . Meeting with Capital Gazette employees and families to explain the August 13, application process 2018

Week of . Final Protocol for Direct Assistance Approved September 24 - . Calculation of first distribution amounts based on assets as of COB 28, 2018 9.28.18

October 1, . Application available online 2018

October 15,  Deadline for Applications to be submitted 2018

October 15-30,  Review and evaluation of Applications 2018

October 30,  Notification to applicants of verification/non-verification of eligibility 2018

November 10,  Deadline to appeal non-verified eligibility 2018

November 10-  Review and evaluation of Application appeals 31, 2018 . Board of Trustees approval of payments

November 15,  First distribution checks mailed to verified eligible applicants 2018

November 31,  Notify applicants with appeals of decision; Mail first distribution checks, if 2018 needed, for appeals

December 31,  Capital Gazette Families Fund stops accepting gifts to support the 2018 families  Calculation of second distribution amounts based on assets as of COB

January 15,  Second distribution checks mailed to previously verified eligible 2019 applicants

March 1, 2019  Independent audit of Fund begins

May 15, 2019  Independent audit of Fund completed and posted on Administrator’s website

CGFF Protocol for Direct Assistance 9.24.18 6 APPENDIX

DISTRIBUTION COMMITTEE • The Distribution Committee (Committee) is comprised of independent professionals with expertise in philanthropy, legal, tax, estate planning, procurement, community foundations, and Anne Arundel County. None of the volunteer committee members receive compensation for their efforts. • The Committee’s mission is to develop and recommend the Proposed Protocol for distribution of donations from the Capital Gazette Families Fund in the most transparent, equitable, and expeditious manner possible to the victims and their families. • The Committee will meet as often as deemed necessary. • The Proposed Protocol will be presented to the CFAAC Board of Trustees for final approval prior to distribution of the funds from the Capital Gazette Families Fund.

COMMITTEE MEMBERS • Karen Ancarrow-Rice, COO, Anne Arundel County Mental Health Agency, Inc. • Chelsea Bednarczyk, Operations Support Administrator, Anne Arundel County Mental Health Agency, Inc. • Suzanne S. Friday, Senior Counsel and Vice President of Legal Affairs, Council on Foundations • Darcy S. Oman, President Emerita, community foundation for a greater Richmond • Karen Whaley, CPA, Member of the Anne Arundel Estate Planning Council, Executive Committee

2018 CFAAC BOARD OF TRUSTEES • Jim Nolan, Chair, Council, Baradel, Kosmerl & Nolan P.A. • Kathy Brooks, Past Chair, Branch Vice President, Coldwell Banker • Greg Strott, Vice Chair, Community Volunteer • Carl Gutschick, Treasurer, Gutschick, Little & Weber, P.A. • Mary Grace Folwell, Secretary, District of Columbia Housing Authority • Larry Clark, Community Volunteer • Anne Hamel, Community Volunteer • Jim Humphrey, Community Volunteer • Jenny Kottler, Community Volunteer • Renee Kremm, Owner, Windward Financial • David Mitchell, Community Volunteer, Walk the Walk Foundation • Cindy O’Neill, Community Volunteer • John A. Rosso, Jr., Principal, Rosso Commercial Real Estate Services, LLC • Paul Serini, Esq., Chairman, Helen J. Serini Foundation • Sonja Swygert, Community Volunteer

CFAAC STAFF The following CFAAC staff support the Committee in the development of the timeline, distribution protocol, and verification and payment process: . Mary Spencer, President & CEO . Taylor Milbradt, Director, Finance & Operations . Amy Francis, Director, Development . Melissa Curtin, Immediate Past President & CEO, Community Foundation of Anne Arundel County

CGFF Protocol for Direct Assistance 9.24.18 7