Tuesday Oct. 13, 2009 the Jackson County Commission held their regular Commission meeting. Normally the Commission holds their meeting on a Monday, however Monday was a state Holiday and the Courthouse was closed for normal operations. Jackson County Commission video's of the meetings may be viewed at this site. http://jacksoncountypatriots.com/
1) Previous minutes of meetings were approved. 2) A citizen presentation by Garry Morgan was given concerning Secret Deliberations and Conduct of Commissioners. This presentation will be listed after the regular meeting outline. 3) 3 items on the consent agenda were approved for the sum of $4470. 4) Mr. Clemmons was absent due to sickness and the County Attorney was out on business. 5) Work Session will be held on Oct 15, 2009.
Old Business: 1) The new Jackson County Health Department Fee Schedule was approved. This subject has been discussed several times in the past years. It has been more than 20 years since any fee increase has been approved.
New Business: 1) Motion to approve and hire two full time deputies for Courthouse Security died for a lack of a motion. 2) Motion to approve Deputy Pay Raise and purchase of uniforms for courthouse security officers tabled. 3) Motion to purchase 2 hand held metal detectors died for lack of a motion. 4) Motion to approve and set courthouse hours of security for the 1st floor died for a lack of a motion. 5) Motion to approve the hiring of J.D. Smith for County Engineer died for a lack of a motion.
Presentation on Open Meetings and Commissioner Conduct by Garry Morgan: Thank you Madam Chairman, Commissioners and citizens of Jackson County for this opportunity to speak on the very important issue of Open Meetings, Commissioner duties and conduct of the deliberative process of the Jackson County Commission.
First I will outline some important points of the Code of Alabama as related to the Open Deliberation process. The Alabama Open Meetings Act is covered in the Code of Alabama Title 36, Section 25A.
The purpose of this law is stated: "It is the policy of this state that the *deliberative process of governmental bodies shall be open to the public." The law goes on to say, "electronic communications shall not be utilized to circumvent any of the provisions of the open meetings law." Electronic communications refers to telephones, emails, faxes, etc. * The deliberative process, deliberation, is described as, "an exchange of information or ideas among a quorum (majority) of members of a governmental body intending to arrive at or influence a decision of the governmental body at a later date. "
Examples of questionable conduct. If one member of the commission contacts another member of the commission then a third member of the commission is contacted telephonically or by other means and a discussion ensues concerning commission business outside of the commission meeting this is a violation of the law. I suspect this is the means and fashion of how deliberations were reached concerning Motions made on May the 11th and Sep 28th involving Courthouse Security issues and issues of changes in the personnel policy. I will discuss the specific motions in a few moments.
Powers and Duties of the Commission and Commissioners may be found in the Code of Alabama at 11-3-11. No where in in this law does it give any individual commissioner any special power other than when the commission is in session. I make reference to 2 separate situations where an individual commissioner, Mr. Stone, gave an assignment to the county attorney for developing a resolution without the vote of the commission or the approval of the chairperson of the commission. This cost the taxpayers money due to this commissioners inappropriate conduct. The resolutions were brought to the commission for a vote on 2 separate occasions 1st on the 11th of May and again a separate resolution on the 28th of September without the knowledge of the chairperson and one commissioner. This was a violation of the Open Meetings Laws of Alabama and the County Commission Policy and Procedures for conducting meetings.
Assignments of the staff of the Jackson County Commission is the sole responsibility of the chairperson of the commission and/or a vote by the commission, there was no vote prior to this resolution. The rule is mentioned in roman numeral V.J of the Rules and Procedures of the Jackson County Commission.
It appears there have been secret deliberations. (per minutes of the county commission) May 11th: "Motion to change the point grading system within the hiring process." There were no deliberations, no discussions in the open meeting prior to this resolution/motion being passed. This drastically altered the Jackson County Personnel hiring system and resulted in 2 members of the Jackson County Personnel Board resigning due to this inappropriate and what appears to be an illegal action by three commissioners.
May 11th, another motion, this time involving Courthouse Security, "motion to rescind resolution and funding for courthouse security." Once again, no deliberations, no prior discussion prior to the approval of this motions resolution. The County Attorney had drawn up a resolution concerning this issue per order of one of the commissioners, not the chairperson, nor was there a prior decision of the commission.
The May 11 motions discussed were approved by 3 members of the Jackson County Commission, Commissioners Allen, Smith and Stone. These 3 members obviously were aware of the secret resolution, they were also aware of the content of the open meetings law but yet they intentionally violated the law by having the resolution drawn up by the county attorney with out prior approval of the Chair of the commission or a prior vote of the commission. This action was in contravention of Alabama's Open Meetings Law and the Procedures of the Jackson County Commission.
September the 28th, once again a commissioner inappropriately had the county attorney draw up another secret resolution not approved by the full commission nor the chair of the commission. 3 commissioners were aware of this resolution, Allen, Smith and Stone. The Chairperson and Mr. Clemmons were not aware of the resolution. Unfortunately, once again the unauthorized resolution made it to the floor and was approved by majority vote. Another example of secret deliberations in violation of Alabama's Open Meetings Law and procedures of the Jackson County Commission. More inappropriate spending of tax payer money going to the county attorney.
It is important that meeting rules and decorum be maintained at all times. Loss of personal bearing and professionalism by one or more of the commissioners does not foster team work nor a professional appearing commission.
At times there may be political differences of opinion. Whatever the differences it is the legal responsibility of each of you to conduct the peoples business in the open and insure your conduct is professional at all times.
I ask each of you to please conduct the citizens business of Jackson County in the open insuring the proper decorum and format in accordance with the law and local procedure be followed at all times. The citizens of Jackson County deserve no less.
Thank you for your time.
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