Citizens gather to support County Commission District 2 Independent Candidate Kym Chapman prior to a Press Conference at the Jackson County Courthouse Friday afternoon
>>>>>>>>District 2 Independent Candidate Kym Chapman>
The following is a copy of a memorandum that I submitted to Mr. John Porter, County Attorney for the Jackson County Commission. The Jackson county Commission has refused to disclose its finances to the public as required by law. Due to their actions, what are they hiding? I am scheduled to discuss this issue before the Jackson County Commission at Monday's Commission Meeting.
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Memorandum Concerning Request to view Budget Record of the Jackson County Commission
Mr. John Porter, Esquire
Jackson County, Alabama Commission Attorney
Morning John,
This will serve as a memorandum concerning my verbal request to Administrative Personnel of the Jackson County Commission on Sept 4, 2008, approximately 2PM to view, not copy, the Jackson County Commission's current balance to the Commission's Budget. A message was relayed via the receptionist on duty to Ms. West then back to me that I would not be able to view the budget balance or spreadsheet which contains the balance. I was told that it would be necessary to gain the permission of Mr. Porter to view the files. This was the reason for the trip to your office yesterday afternoon. There was no explanation given at the front office as to any procedure involved in the inspection of a record. Inspection of the Commission Minutes was not a problem and was made readily available upon request. The Commissions Budget Balance Sheet is a Public Record as described under the code of Alabama Section 36-12-40. As a citizen I am authorized to inspect that record. There has been a continuing issue concerning the contents of the budget at the Jackson County Commission meetings. I was informed by Ms. Kym Chapman, Independent Candidate for Commission Office and one other that they had been refused inspection of the same record. Thus, I decided to go to the Commission Office with Ms. Chapman and inspect the record and was refused. I have discussed this matter with Mr. Tidmore and have been placed on the agenda for Monday's Commission meeting, topic of Open Records and Disclosure. I have also discussed this situation with Doyle York, Chief Deputy and Dennis Miller, Jackson County Sheriff, as it is my contention that this refusal to produce the budget record for inspection is a violation of the Criminal Code of Alabama "Section 13A-10-12 Tampering with governmental records.(a) A person commits the crime of tampering with governmental records if: (3) Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes. (b) Tampering with governmental records is a Class A misdemeanor. Mr. York refused to take a statement relative to this act. Upon discussion of the matter with Sheriff Miller he suggested that I discuss the situation with the District Attorney which I will do Monday morning as the DA personnel are tied up in court this morning.
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My purpose is to compel disclosure of this record. It is my position there is no reason why this record should not be readily available for inspection by any citizen with out formal written request, just as the Commission Minutes are available for inspection without a formal request in writing. Mr. Tidmore has stated this record is contained in an electronic format and not readily available. This is not a citizens problem as the record could very easily be printed and placed in a notebook for viewing.
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Resolution of this situation is simple and should not be a long and drawn out affair. Duplicate the Commission's spreadsheet balance record, place it in a notebook for viewing. This process could be updated on a monthly basis.
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As you know, law and learned opinion favors the disclosure of records and public access unless there is a specific exemption. There are no exemptions in this matter, it is only a matter of public officials involved making a copy of the record, place it in a notebook and make it available for viewing.
Have a nice day,
GARRY MORGAN
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The Jackson County Commission has received requests in writing concerning this issue. They have refused production of these public writings. This is a clear violation of the Criminal Code of the State of Alabama which states: Section 13A-10-12 Tampering with governmental records; (3) Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes. (b) Tampering with governmental records is a Class A misdemeanor.
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Citizens are entitled to inspect public writings. Section 36-12-40 "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute." Public writings include all documents, printed, in writing, charts, graphs, maps and those documents in electronic form as well as others generated by our state, county and local governments as specified by law. There are disclosure exceptions, exceptions are noted by law. A governmental agency must declare the exception if they are to refuse disclosure of a record. In the case of the Jackson County Commission they are displaying great disrespect toward the citizens of Jackson County. We have entrusted them to do our business, they have broken the laws of this state due to their non-disclosure of finances of the Jackson County Commission. The Jackson County Commission's position that all requests for disclosure must be placed in writing does not hold water. Requests have been placed in writing, the Jackson county Commission refused to produce the public documents requested. The Jackson County Commission has taken the position that citizens are not entitled to view documents by their actions, they have flagrantly violated the law and must be held accountable. The Jackson County Commission has not administrated their policy in a fair and equitable fashion. The Jackson County Commission has actively DISCRIMINATED based on political party status of those making the requests. This is not the first time the Jackson County Commission has endeavored to "steal the public trust."
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