The Commission Chairperson Ms. Sadie Bias has refused release of public records in violation of Alabama Law relating to the disclosure of Public Records. I have requested inspection of the County Commission's General Fund Account.
Click on any image for an expanded view.
Order signed by Judge Graham related to Case CV 2010-900048, Jackson County Park vs. Jackson County Commission.
I had sent an inquiry to the Alabama Attorney Generals Office (AG) on May 6, 2011concerning the Opinion of the Alabama Attorney General Dated May 3, 2011, Jackson County Commission - Jackson County Park issue and how it relates to the Opinion Policy of the Attorney General's Office concerning cases in litigation. This is the reply I received from the Attorney General via Ms. Joy Patterson of the AG's Public Relations Office and my reply.
From the Attorney General's Office: "The purpose of an Attorney General’s opinion is to give a public official who is entitled to receive an opinion guidance that he or she can rely on and therefore be protected from legal liability. If a matter is in litigation, a decision is going to be made by the court and there is no reason for us to give an opinion under ordinary circumstances. Our policy is that we normally do not give opinions on matters that are in litigation because our opinions are not law, but guidance, and when a matter is in litigation, it is going to be determined by a court of law and therefore there is no need for us to give an opinion."
"The practice of not issuing Attorney General’s opinions is a policy, to which a reasonable exception may be made, which was done here for the following reasons: In this situation, both parties agreed that if we provide guidance on what we believe the law is, they would accept it and dismiss the litigation. It is best for disputes between public agencies to be resolved without litigation, thus save taxpayers’ money and court time."
The litigation was not dismissed but the AG Opinion dated May 3, 2011 which the Jackson County Commission Chairperson refuses to disclose, served as the basis for judgement in this case by Judge Graham.
My reply to the Attorney General: "Thank you Ms. Patterson for the reply."
"The litigation was not dismissed but quite the contrary, the AG's Opinion was utilized as the basis for Judge Graham's decision. I think this creates an unusual situation in Jackson County concerning legal precedents. The question must be asked, will the decisions of the Attorney General now be utilized as a point of law for the judiciary in Jackson County, is there a legal precedent now established? "
"The decision on the County Park/Jackson County Commission issue was decided not in our county by the proper body politic but by a decision of the judiciary which was in a large part provided by the State's Attorney General. See attached order from Judge Graham."
"Is it the Attorney General's policy to issue forth opinions which will be utilized as the basis for judgements in litigation instead of Acts of the Legislature or Case Law of our Courts? In this case it seems to be an exception as you say, but an exception which seems to exceed the general practice standards of the Attorney Generals Office."
"In this citizen writers thinking this action places the Attorney Generals Office and the Jackson County Judiciary in an unusual dilemma in providing decisions for a County Commission which has displayed repeated failures of political leadership. "
On February 25, 2011 there was a secret agreement entered between the Jackson County Commission and the Jackson County Park Board in the case. The handwritten agreement is provided below, click on image for an expanded view. "Any dispute concerning the language of the request for the opinion will be resolved by Judge Graham." The Judge certainly based his ruling on the Attorney General's Opinion. Related posting on this issue. http://arklite.blogspot.com/2011/03/jackson-county-park-board.html Many thanks to Mr. Porter, County Attorney for providing this agreement record
County Park Board asks Legislative Delegation for assistance, Daily Sentinel article: http://thedailysentinel.com/news/local/article_9aa138b0-78cb-11e0-8c2e-001cc4c03286.html
"In Jackson County there is a strong movement to allow the judiciary to make decisions in place of the County Commission. This has occurred on several occasions during the current County Commission's term of office, ie, County Engineer, County Personnel Policy, Courthouse Security, County Park, Legislative Delegation-TVA in lieu of tax, and who knows what else. The County Commission meets in Executive Sessions 90% of their meetings to the point of holding Special Called meetings to hold Executive Sessions. The commission was recently caught meeting in an unannounced meeting with the legislative delegation where 1 specific reporter was allowed to attend and has been "hand fed" information outside of any public deliberations, this meeting was in violation of the Open Meetings Act and the item discussed was that which would come before the commission at a later date, the issue- "the TVA in lieu of tax." Date and time of unannounced meeting, April 25, 2011, 4PM. A meeting of the quorum of the County Commission at the Legislative Delegation Office. I found out about the semi-secret meeting and rushed over to take pictures, make inquiry to discover the what and whys of the unannounced meeting. Pictures and story: http://arklite.blogspot.com/2011/04/legislative-delegation-public-hearing.html "
"Unfortunately, the local press seems to be supporting a movement to reach decision making outside of normal legislative processes. This weekend the front page headline states in Scottsboro's The Daily Sentinel, "$10 Million Dollar Error? AG Opinion indicates emergency fund overpaid." Referring to the TVA in lieu of tax paid to the Legislative Delegations Emergency Fund account. Reference AG Opinion 2011-048, http://www.ago.state.al.us/opinion_results.cfm?Method=FullText no where do I read in that opinion where the AG states the Legislative Delegations Emergency Fund was overpaid $10 million dollars. I have read this opinion many times, help me to find those words in AG Opinion 2011-048. Nor do I see where the Emergency Fund was found in any state audit to be overpaid by $10 million dollars, I do not understand the purpose of such an article where such deception is found."
"It would seem the AG's Office is being involved in a scheme to deceive the people of Jackson County on several fronts. I think there is a reason, the County Commission is attempting to gain the public funds in the accounts of other public agencies/public bodies. County Commissioners are secretive in their actions and have held meetings and sessions in secret and made decisions and deliberations in secret outside of the normal deliberative process. The County Commission also refuses to disclose the balance of their General Fund Account in violation of Alabama Law."
"The County Commission has also refused to provide public records/writings in violation of Code of Alabama 36-12-40, request for financial statement/status of the Jackson County Commissions General Fund Account. I have requested to inspect the public record and have been refused after submitting the required commission form.
Email letter to the Chairperson and the Secretary of the County Commission regarding inspection of public records on May 6, 2011 after the official commission request: "Thank you Anna for forwarding me the copy of my request to inspect records."
"All employees of a government body of the State of Alabama have a legal responsibility to follow the law concerning the release of public records. Code of Alabama 1975, § 36-12-40 Below you will find an ACCA link which outlines responsibilities of EACH public employee of this state. "
"My request to inspect the Opinion of the Attorney General relative to the County Park - Jackson County Commission issue should not be wrapped in excuses for nondisclosure. The opinion has already been released to a member of the press by a member of the County Commission. Surely, the County Commission or its employees do not treat citizens of the community as second class citizens with less status than selected members of a specific news organization who may agree with a politician's ideology on the commission. (The record of the AG Opinion is not available online at the Attorney Generals Office.)"
"My request to inspect the General Fund accounts of the Jackson County Commission should not be wrapped in ridiculous excuses to deny me the RIGHT of inspection of the records."
""All public records or writings meeting this interpretation must be made available to citizens, including the media, upon request." This link is provided from the ACCA":
http://www.acca-online.org/acca_mag/countycommissioner/2003/2003-6%20legal.html
"To wrap a requirement of state law in bureaucratic "mumbo jumbo" only confuses the issue. All members of the Jackson County Commission and employees of the commission have a responsibility to comply with the law for the inspection of public records without harassment or unnecessary delays. Failure to supply the records for inspection violates the intent and spirit of the Alabama Open Records Laws. Code of Alabama 1975, § 36-12-40 ."
"The records requested for inspection are not confidential and have no exception by law for release, the AG's Opinion should be readily released. I understand if you wish to schedule a time for the inspection of the financial records requested, scheduling a time for inspection should not be a long drawn out process."
"I have complied with the local requirements of records disclosures and I have a RIGHT to inspect the records requested with out bureaucratic excuses which may violate the intent and spirit of the laws of the State of Alabama."
"Please comply with the law and allow the immediate inspection of the records requested and/or schedule a time for the inspection of the financial records requested."
"Ms. Patterson, this e-mail letter, along with pictures of the Jackson County Commission will be the article on my blog. You may read it at http://arklite.blogspot.com/ "
Regards,
Garry Morgan
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