JAMES MADISON QUOTE - 1822

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SCOTTSBORO WEATHER - SUN & MOON RISE

Thursday, July 29, 2010

Jackson County Park Board--Violation of Open Meetings Law During Recess

The Jackson County Park Board meets on the 4th Wednesday of each month.

Mr. Clemmons, Park Board Member and County Commissioner seated at table end attempts to cover his face with documents. Mr Clemmons presence on the Park Board did bring out the press. The Daily Sentinel and The Clarion reporters were present. Related story concerning County Commission actions related to Mr. Clemmons: http://arklite.blogspot.com/2010/07/county-commission-county-park-saga.html

I met with Mr. Clemmons and Mr. Whisnant prior to the Park Board meeting suggesting to them the County Park Board issue could be resolved if they wanted. I suggested a moderated, not mediated, session where the County Park Board and the County Commission participates in a non-traditional but structured problem solving session with the public present in a setting such as Goosepond Civic Center. They were informed this type of setting could work if all would participate. Mr. Clemmons rejected the idea, Mr. Whisnant stated he thought that was what the mediation was about. Unfortunately some do not wish to resolve this problem without further costing the taxpayers tens of thousands of dollars in attorneys fees. Information on problem solving: http://www.thwink.org/sustain/deadlock/VirtuousPolitician.htm http://www.businessballs.com/brainstorming.htm http://www.qualitydigest.com/sept02/articles/02_article.shtml

The Jackson County Park Board meets every 4th Wednesday. The financial report was accepted and approved as submitted. Old Business and Mangers Report: 1) The Park Manager, Mr. Carl Barnes, reported that the shoreline repair along with other repairs would require a permit from the TVA. It was recommended that all permits for projects be combined so as to pay for only 1 permit fee which costs $1000. 2) Mr. Barnes reported there is a need to purchase a new lawn mower. 3) Discussion was made concerning the need for electrical repairs on "A" Dock.

New Business: 1) Approval was given to refund money to campers which had been held in escrow for those campers who had paid for camp spots not available due to the April 2009 storm. 2) Approval was given to place Speed Bumps in areas where safety concerns are evident to slow speeding vehicles. 3) Scotty Overdear was elected Secretary-Treasurer, Park Manager Carl Barnes was voted the authority to sign checks.

Scheduled speakers to the board on the published agenda: 1) Ms. Diamond Woodworth, discuss restaurant contract. The Jackson County Park Board adjourned for a recess to discuss in private the issues of a contract with Ms. Woodworth.

Mr. Whisnant, Park Board Chairman appointed park board members to discuss issues in secret and behind closed doors in regards to the restaurant contract. This secret meeting was not conducted in an Executive Session, the session was conducted during a break, a recess declared by Mr. Whisnant. The Park Board Memebers followed the instructions of Mr. Whisnant without questioning him on the legality of a secret meeting outside of an Executive Session, Mr. Clemmons was one of the Board Memebers adjourning into the secret session. The Board Attorney was present and said nothing. The Meeting reconvened after approximately 15 minutes, returning from the "recess." After the recess a discussion ensued concerning an audit and inventory of Restaurant Property. It was decided an audit would be conducted at the end of the fiscal year, September 2010. Commentary: It is obvious to this observer and writer the Open Meetings Act of Alabama was violated during the recess adjournment. There was no declared Executive Session as should have occurred, at least 2 Park Board Members participated in the secret meeting with Ms. Woodworth concerning the restaurant. Ms. Woodworth was scheduled on the published agenda.

2) Mr. Reb Engle spoke on behalf of the boaters and campers. He expressed their support and appreciation of the Jackson County Park Board.

2 comments:

Anonymous said...

Scheduled speakers to the board on the published agenda: 1) Ms. Diamond Woodworth, discuss restaurant contract. The Jackson County Park Board adjourned for a recess to discuss in private the issues of a contract with Ms. Woodworth.

Mr. Morgan there were no issues of a contract discussed.
D. Woodworth

Garry said...

Thank you for your comment.

Unfortunately the public or anyone not privy to the secret session behind closed doors does not know what was discussed. Any discussion of future restaurant operations is relevant to the restaurants contract. You were described on the Park Boards agenda under the "Speak to the Board" portion as "Diamond Woodworth (Discuss renting restaurant building.) Ms. Woodworth, "renting restaurant building" would be part of any contract with the Park Board.

The board members very well may have discussed financial information concerning your ability to operate the restaurant. The board members may have discussed information relative to the past restaurant operator. What ever was discussed in the secret meeting must be discussed in accordance with the law, it was not.


It is a violation of the Open Meeting Law of the State of Alabama to discuss any information relative to the business of a public body (deliberations) in secret which may come before the public body at a future date, the park is a public body, without adjourning into an Executive Session properly certified by the public body's attorney.

You were in no way form or fashion responsible for the errant actions of the park board or any of their officers. The actions of the Park Board were unfortunate and hopefully the board will refrain from future violations of the Open Meetings Law.

I wish you the best of luck if you operate the park's restaurant. We need a restaurant at the park and I have enjoyed eating at the park restaurant on many occasions.

Garry