2012 Year n Review - Jib Jab

JibJab's Year in Review for 2012 titled - "The End is Here!"

Happy New Year from "ndaboro video & Morgan blogs."

"Watch for Snakes," particularly in our justice system - a case of judicial misconduct?

 

(South side Jackson County Courthouse photo by G. Morgan)

 

Subtitled: "Snakes in the Court"

 

DECEMBER 13, 2012 SCOTTSBORO, ALABAMA, JACKSON COUNTY COURTHOUSE-Court Room 1: "Jennifer, we must end this suit as we are moving forward to exonerate the Scottsboro Boys...this case is holding up our money (paraphrased);" said Ms. Washington to Judge Jennifer Holt, the presiding Judge of the Jackson County Circuit Court (Ms. Washington addressed the judge in court by her first name without any objection.). Judge Holt instructed the Court Reporter to not record some of the proceedings as they were off the record.

Meanwhile, Ms. Caffey, a disbarred attorney, sat beside the Scottsboro Multicultural Foundation Attorney Mr. Royal as Co-Council and presented argument to the court. The Scottsboro Multicultural Foundation appointed Ms. Caffey to represent the foundation in this matter. Ms. Caffey was not named as a defendant in this suit. Apparently, the Judge nor the attorneys see a problem in allowing a disbarred attorney into a Jackson County Alabama Court to practice law.

Ms. Caffey is a board of directors member of the Scottsboro Multicultural Foundation. Ms. Caffey had informed the board of directors during the period she was voted onto the board that she was not a disbarred attorney and that she may practice law. Ms. Caffey's presentation to the board was very lengthy and she presented documents concerning her appeal before the Federal Courts.

The Federal Courts on two levels have denied her appeals and suit concerning her disbarment. http://federal-circuits.vlex.com/vid/sherryl-snodgrass-caffey-alabama-supreme-361016710  Ms. Caffey stated before the board that the Alabama Supreme Court and other judges in Alabama had discriminated against her. 

Ms. Washington as the Director of the Museum and Chairman of the Foundation Board was named as a defendant in case# 2011-0024, Morgan vs Scottsboro Multicultural Foundation filed in the Jackson County Alabama Circuit Court, Ms. Caffey has never been named as a defendant in this case.

 

Another attorney involved in this case, Mr. Allen Brinkley, raised the issue of the disbarred attorney practicing law, as shown above.

Mr. Brinkley presented a motion to strike the name of Ms. Caffey due to her status as a disbarred attorney. Apparently, the presiding judge did not rule on the motion. The Judge allowed a disbarred attorney to practice law in a Jackson County Court, presenting case arguments as an attorney would present arguments; the disbarred attorney sat as co-council before the court with the defendants council, Mr. Royal. The defense council and the Judge in this case enabled the disbarred attorney to practice law before the court which appears to violate Alabama Rules of Professional Conduct and the law.

The disbarred attorney had advised the court on a previous occasion when this issue arose before the bench that she was not a disbarred attorney. The judge informed Ms. Caffey at that time she had ways to find out if she was disbarred. http://thedailysentinel.com/news/article_ebb8f944-da65-11e0-8536-001cc4c002e0.html More on this issue is discussed below.

Contact with the Alabama Bar Association by the plaintiff's attorney revealed Ms. Caffey is a disbarred attorney. Ms. Caffey is not listed as an attorney in Alabama.

The defendants in this case filed a counter suit which made false allegations of theft and fraud based solely on a false and malicious affidavit filed by Ms. Caffey and attached to the Counter Suit. The counter suit filed in this case was structured in identical terms as the false affidavit. There was and is no evidence to support the defendants false and slanderous claims.

The defendants attorney had in his possession information demonstrating the affidavit and counter suit filed by the defendants was false. This false claim and court filing was structured as a defense subterfuge which the plaintiff's attorney failed to address before the court. The false slanderous counter suit's content was reported in the local newspaper which unjustly defamed not only the plaintiff but also a plaintiff's witness.

By all appearances, the false counter suit was filed to obstruct justice and attempt intimidation of potential witnesses which were privy to mismanagement and misuse of public and private donated funds of the Scottsboro Multicultural Foundation's Director/Chairman/Check writer during the later part of the 2010 year.

The Plaintiff filed the case for the purpose of acquiring records of the Scottsboro Multicultural Foundation after the production of records was refused to members of the Board of Directors asking for the records. Foundation board of director members are responsible for the administrative and financial accountability of the organization. There was a suspicion by the plaintiff in this case that money was being misappropriated by the director. Records disclosed demonstrate there was misuse of public and private donated funds by the museum director/foundation chair/check signer during the later part of 2010.

Complicating the case, the disbarred attorney, sitting as a board member, advised the board to remove the plaintiff and another who was questioning accountability. The disbarred attorney also advised the Multicultural Foundation Board to cancel all membership and not allow future membership. This action prevented membership in the museum and foundation to assert their rights. The foundation's bylaws were changed to reflect this status. 

The plaintiff  requested his attorney to raise objections to Ms. Caffey's practice of law in court.  He led the plaintiff to believe he was going to file a complaint with the Alabama Bar concerning this issue. The plaintiff's attorney did file objections in court when Ms. Caffey attempted to present documents to the judge.  A specific objection concerning Ms. Caffey's practice of law before the court was not entered. However, as this news article indicates the issue was before the court in September of 2011: http://thedailysentinel.com/news/article_ebb8f944-da65-11e0-8536-001cc4c002e0.html  "Royal said the board voted to approve Caffey as the representative to speak for the board. Edmiston said Caffey could not be designated due to being a disbarred attorney in Alabama. 'She's not a lawyer,' said Edmiston. 'She was disbarred on August 21, 2009.' Caffey disputed Edmiston's statement, saying 'I've not been disbarred. I'm appearing as the vice-president [of the board]'...Caffey attempted to explain to Holt about the situation. 'I have my own means [of finding out],' Holt told Caffey. 'I will check. If you're licensed, so be it.' "

The big question is: What happened between September 2011 and December 2012 to cause the judge in this case to ignore judicial ethics and the law concerning a disbarred attorney practicing law in a Jackson County Alabama court room?  Answer - the Pardon of the "Scottsboro Boys" defendants (see begining discussion above and below).  Liberal extremism and white guilt discriminatory politics were practiced instead of law and fairness.

It is a matter of record with the court that the Scottsboro Multicultural Foundation appointed Ms. Caffey to represent the foundation in the court. The court in this case allowed Ms. Caffey, a disbarred attorney, to practice law before the court.

What constitutes the practice of law: Code of Alabama 34-3-6 "Whoever, (1) In a representative capacity appears as an advocate or draws papers, pleadings, or documents, or performs any act in connection with proceedings pending or prospective before a court or a body, board, committee, commission, or officer constituted by law or having authority to take evidence in or settle or determine controversies in the exercise of the judicial power of the state or any subdivision thereof...

Ms. Caffey, a disbarred attorney, practiced law in the Circuit Court of Jackson County Alabama as described by The Code of Alabama in 34-3-6(1)listed above.

The Plaintiff's Attorney did file a motion in court regarding Ms. Caffey's claims and representation.

On December 13, 2012 the court was informed it would be possible to resolve the case via a settlement. The plaintiff advised the court that he had acted in good faith in this case as a foundation board member attempting to view and inspect all records of the foundation but denied access by the foundation's director/chairman/check signer and requested that his attorney fees be paid for by the defendants.

Upon receipt of the agreement the plaintiff refused the agreement due to a continuation of the false  statements in the agreement which in part was the same content of the false and slanderous affidavit and counter suit. The plaintiffs attorney was informed in writing that the agreement is rejected. Plaintiff also informed his attorney of the appearance of judicial misconduct due to the actions of the court, the defendants and attorney representing the defendants. The plaintiff requested that his attorney inform the court of these facts. Plaintiffs attorney stated he would not present these issues to the court.

The documents disclosed from the foundation per court order reveal mismanagement and misappropriation of funds during the later part of the 2010 year.

 This report serves to protect my interests and to inform the public of what I believe is a gross miscarriage of justice due to judicial misconduct. Since when is it a standard of legal practice to allow a disbarred attorney to represent an entity in a Court of Law, sitting as co-council? Then, to demonstrate a complete failure of justice, the same disbarred attorney submits a false and slanderous counter suit fashioned out of a false and slanderous affidavit with no evidence to support her claim except that which is in her mind. Where is justice, reasonable decision making and accountability for actions?

Is a precedent being set for the practice of law in Jackson County Alabama where disbarred attorneys may practice law and perjury may be committed with no repercussions?

What is PERJURY?

"In criminal law. The willful assertion as to a matter of fact, opinion, belief, or knowledge, made by a witness in a judicial proceeding as part of his (her)  evidence, either upon oath or in any form allowed by law to be substituted for an oath, whether such evidence is given in open court, or in an affidavit, or otherwise, such assertion being known to such witness to be false, and being intended by him (her) to mislead the court, jury, or person holding the proceeding."  Read more: What is PERJURY? definition of PERJURY (Black's Law Dictionary)

Below is a partial list of the Alabama Rules of Professional Conduct.

Lady Justice at Maxwell Air Force Base Alabama (fair use)

Let's examine some rules and ISSUES OF PROFESSIONAL CONDUCT which a lawyer must follow - "Rule 8.3(a) of the Alabama Rules of Professional Conduct states that “[a] lawyer possessing unprivileged knowledge of a violation of [the Alabama Rules of Professional Conduct] shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.”
Case reference where the above rule was applied : IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MARCH 20, 2012; No. 11-12909 Non-Argument Calendar JOHN LEY CLERK; D.C. Docket No. 2:10-cv-03050-VEH; SHERRYL SNODGRASS CAFFEY, Plaintiff-Appellant, versus ALABAMA SUPREME COURT, SUE BELL COBB, et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of Alabama (March 20, 2012) http://federal-circuits.vlex.com/vid/sherryl-snodgrass-caffey-alabama-supreme-361016710

A few other rules applicable to lawyers:

Rule 26(h)(1) A disbarred lawyer may not engage in the practice of law or in any employment in the legal profession.
 

Rule 3.1 Meritorious Claims and Contentions

(a) In his representation of a client, a lawyer shall not file a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of the lawyer’s client when the lawyer knows or when it is obvious that such action would serve merely to harass or maliciously injure another.
 

Rule 3.3 Candor Toward the Tribunal

(a) A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal;

(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; or

(3) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
 

Rule 5.5 Unauthorized Practice of Law

A lawyer shall not:

(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or

(b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.
 

Rule 8.3 Reporting Professional Misconduct

(a) A lawyer possessing unprivileged knowledge of a violation of Rule 8.4 shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.

(b) A lawyer possessing unprivileged knowledge or evidence concerning another lawyer or a judge shall reveal fully such knowledge or evidence upon proper request.
 

Rule 8.4 Misconduct

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official;

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable Canons of Judicial Ethics or other law; or

(g) engage in any other conduct that adversely reflects on his fitness to practice law.

http://www.law.cornelledu/ethics/al/code/AL_CODE.HTM

Complaints involving misconduct have been filed with the Alabama Bar Association and the Alabama Judicial Inquiry Commission in this case.

Is political grandstanding interfering with the judicial process in the current case involving Morgan vs Scottsboro Multicultural Foundation?

 

(photo crop of Gov. Bentley from Gov. Bentley's FaceBook site)

""Gov. Bentley supports pardoning the Scottsboro Boys," said Jeremy King, a spokesperson for the governor." http://thedailysentinel.com/news/article_ba6b64a2-e8bb-11e1-a20a-0019bb2963f4.html

 

TuscaloosaNews.com article "Scottsboro case lacks closure" 

"In 2010, Shelia Washington opened the Scottsboro Boys Museum and Cultural Center in Scottsboro, where the nine men’s trials were held. Washington, the museum’s director, and Huntsville graduate student and writer Thomas Reidy are pushing for posthumous pardons for the other eight.“Closure is what I’m looking for,” Washington said recently. “It shouldn’t go on and on.” Washington is a retired Scottsboro city employee who also works in children’s outreach" http://www.tuscaloosanews.com/article/20120826/NEWS/120829838

 

There are at least 2 inaccuracies in this article. 1) Ms. Washington did not open the museum. Several dedicated inviduals with vision and Ms. Washington, opened the museum. 2) Ms. Washington is not retired from the City of Scottsboro. Her employment was terminated from the City of Scottsboro. Ms. Caffey (While she was licensed to practice law.) and Mr. Royal were both involved in a law suit representing Ms. Washington as a result of her actions.

Another article involving Ms. Washington: Sheila Washington announced, "I lost my job partially due to trying to honor the Scottsboro Nine" "Shelia Washington, Founder of The Scottsboro Boys Museum & Cultural Center Speaks...I was the only black person to work at City Hall, and I lost my job partially due to trying to honor the Scottsboro Nine—so injustice is still very real today. " http://cultureid.com/content/shelia-washington-founder-of-the-scottsboro-boys-m

 

Political Pressure and White Guilt - White guilt is a vestige of racism which results in clouded judgement. Wiki has an excellent reference article concerning "white guilt." http://en.wikipedia.org/wiki/White_guilt
 

A local article about the political pressure of feel good political actions and glory seeking. An article quote from "The Clarion," a local weekly newspaper: "The Jackson County Legislative Delegation has gotten on board with the pardon efforts as well. Representative John Robinson said, “It’s been a long time coming, it’s been a stigma on Scottsboro. There has been a lot of injustice and it’s time to get it over with. This is the last good thing we can do for those nine men who were sent to prison and sentenced to death.” In February, Representative Robinson will introduce a bill to the House for the pardon of the Scottsboro Boys, and Senator McGill will present it to the Senate. “The governor supports it and as far as I know it’s going to be a partisan effort,” Robinson said." http://www.theclarion.org/index.php?option=com_content&view=article&id=4853:exoneration-movement-for-scottsboro-boys-underway&catid=42:clarion-rotation-stories&Itemid=142 "Time to get it over with...," says Mr. Robinson; get what over with - education, the historical facts or maybe white guilt?

 Discovery - Partial Records Disclosure of the Scottsboro Multicultural Foundation

The following descriptions are taken from the records of Scottsboro Multicultural Foundation acquired through legal process and information available to the public.

IRS filing for calendar year 2010, Scottsboro Multicultural Foundation - Total Revenue Stated on Form 990EZ - $89,757.00.  Revenue reflected on bank statements for 2010 - $104,732.26. Expenses as stated on Form 990EZ - $92,522.00. Expenses as reflected on bank statements for 2010 - $100,132.00. 990EZ reflects foundation fund balance as $1500. Fund balance reflected on bank statement as of Dec. 31, 2010 was $4202.79. The IRS filing does not coincide with the financial statements of the Scottsboro Multicultural Foundation for the year 2010.

Checks with no payee - 6 for a total of $200.00 between September 2010 to January 2011.

Unaccounted, unapproved financial transactions, store purchases by foundation director from June 2010 to December 2010 $2268.00.

Compensation paid to director from June 2010 to January 2011 not authorized by board of directors in which the director signed the check $1200.00.

Numerous payments to unknown individuals between July 2010 to September 2010 no receipts, no board approvals totaling $290.00

Treasurer resigns in writing on Aug 12, 2010 but continues to sign checks.

In 2010 there were 200 checks written with a total of 31 receipts produced, reflecting a 15.5% receipts available from the 200 financial transactions.

Total amount of questionable financial transactions listed within which is demonstrated by documents received as reported in this listing: $3958.00.  

UPDATE: On Dec 13, 2012 this records disclosure case had its final hearing. An order was signed by Judge Holt on Jan. 22, 2013. Judge Holt ordered the defendants attorney to prepare a final order for the judges signature. When I received the final order, prepared by the defendant's attorney, I refused the order as I did not agree with its content due to false statements in the draft order which were part of the disbarred attorney's false affidavit dismissed by the court with prejudice. I refused the agreement verbally and twice in writing to my attorney. Parts of the original order draft were changed and the order was signed by Judge Holt on Jan. 22, 2013. However, the part of the order which was dismissed by the court with prejudice was not removed from the final order.

Complaints have been filed with the Alabama Bar Association and the Judicial Inquiry Commission due to the conduct of those involved in the case. Other matters are pending in this case.

The case was resolved as to plaintiffs property being returned to him and the Foundation paid Plaintiffs Attorney fees.

UPDATE: Mar. 4, 2013 - Scottsboro Multicultural Foundation makes request to Scottsboro City Council for funding of $15,000. http://thedailysentinel.com/news/article_13b5367a-8748-11e2-acdf-001a4bcf887a.html


(last update & edit 02-28-2014)

Merry Christmas and Happy Holidays from Southern Appalachia

Jesus, Jesus, rest your head.
You have got a manger bed.
All the evil folk on earth,
Sleep in feathers at their birth.

(But) Jesus, Jesus, rest your head.
You have got a manger bed.
Have you heard about our Jesus?
Have you heard about his fate?
How his mother came to the stable,
On that Christmas Eve so late?
Winds were blowing.
Cows were lowing.
Stars were glowing, glowing, glowing.
Jesus, Jesus, rest your head.
You have got a manger bed.
—Kentucky folk carol; collected by John Jacob Niles: 1912-1913 and 1932-1934
http://www.appalachianhistory.net/

"Gun Control" and Weapons Confiscation, a Tyrants Tool of Oppression

Remember Waco, note the U.S. Flag and the State of Alabama Flag flying on the M-60 tank. Make no mistake, the purpose of the Second Amendment is for the citizens to take arms in the prevention of such tyrannical actions of criminals and government.

 

 

A horrible picture; a picture of a burned child in the aftermath of Waco. Did this child and the other 46 innocent women and children deserve to be murdered. Where is the outrage now when agents of the United States Government murdered 46 innocent women and children at Waco Texas utilizing gas outlawed by the Geneva Conventions, military equipment in our own nation was used against BABIES? Many were infants and children under 12 years of age. There was no prosecution for the murdering of the innocents. 

Now misinformed folks want to remove the citizens right to defend themselves with semi-automatic assault weapons from tyrants in our own government and criminals? The move to confiscate weapons: http://politicalticker.blogs.cnn.com/2012/12/16/feinstein-to-introduce-assault-weapons-ban-bill/comment-page-8/

Have you not seen the news crew video of armed officers beating up an old woman and citizens who were attempting to defend their homes in the aftermath of Hurricane Katrina? Their homes folks, police and the military broke into their homes conducted illegal searches, assaulted citizens and stole their firearms. No prosecution for those crimes.

Here is the video

How about it, do you think this is justice in the United States of America?

The following mixed media displays make good points.

Legal Drugs resulting in school shootings. Is there a move to ban these drugs, a likely cause of psychotic behavior?

 

Death by physicians. Should we ban doctors and health care??

 

Shall we ban vehicles because idiots drive drunk or inebriated because of drugs?

 

 Commentary and quotes by famous Americans on the Right to Bear Arms, our Second Amendment.

“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the Press, or the rights of Conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; …”Samuel Adams

quoted in the Philadelphia Independent Gazetteer, August 20, 1789, “Propositions submitted to the Convention of this State”

 

“Firearms stand next in importance to the constitution itself. They are the American people’s liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurrences and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that’s good.”George Washington

First President of the United States

 

“Those who hammer their guns into plowshares will plow for those who do not.”Thomas Jefferson

Third President of the United States

 

“The constitutions of most of our States assert that all power is inherent in the people; that … it is their right and duty to be at all times armed; … “Thomas Jefferson

letter to Justice John Cartwright, June 5, 1824

 

Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive. ---Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787).

 

The whole of that Bill [of Rights] is a declaration of the right of the people at large or considered as individuals...[I]t establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.

---Albert Gallatin to Alexander Addison, Oct 7, 1789, MS. in N.Y. Hist. Soc.-A.G. Papers, 2.

 

Saint George Tucker (1752-1828) served as a colonel in the Virginia militia, was wounded in the Revolutionary War, was a law professor at William and Mary, and later was a justice on the Virginia Supreme Court from 1804 to 1811. He was also a friend of Thomas Jefferson. In 1803 he published a five-volume edition of Blackstone's Commentaries on the Laws of England. Some of his quotes:

 

"This may be considered as the true palladium of liberty .... The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction." 

 

"If, for example, a law be passed by congress, prohibiting the free exercise of religion, according to the dictates, or persuasions of a man's own conscience or abridging the freedom of speech, or of the press; or the right of the people to assemble peaceably, or to keep and bear arms; it would, in any of these cases, be the province of the judiciary to pronounce whether any such act were constitutional, or not; and if not, to acquit the accused from any penalty which might be annexed to the breach of such unconstitutional act."

Jackson County Commission Meeting - Coal Mining Issue Back in the News

Monday was a combined work session and regular session for the Jackson County Commission. Unfortunately I could not be present for both sessions. As soon as the video of the work session (in part) finishes down loading I will post it on my blog. Work Session Agenda posted below.

Item 19, D&E Mining was a previous issue and resulted in a public hearing in 2009. Info and links below.

Nov. 23, 2009 County Commission Meeting, issue involving D&E Mining- "Exception to decrease the Right of Way on County Road 81 for the purpose of mining was disapproved. A motion was made and approved to maintain a 100ft right of way in the area proposed by D & E Mining to mine on County Road 81." http://arklite.blogspot.com/2009/11/jackson-county-commission-meeting_24.html

Oct. 27, 2009 meeting on issue: "2) Public Hearing set for Nov 19, 2009 to consider the issue of allowing D & E Mining the right to mine coal from under the current right of way of Co RD 81. Ms. Manning, current County Engineer as well as the previous County Engineer have remarked, in their opinion, "mining close to the road way, 15 feet, was an unsafe act." The current right of way extends 50 feet from the edge of the county right of way. Further comments from the commission indicated there were concerns over safety of children on school buses as well as citizens traveling the area. http://arklite.blogspot.com/2009/10/jackson-conty-commission-meeting.html

News Story by David Brewer on issue as reported by the Huntsville Times: http://blog.al.com/breaking/2009/11/sand_mountain_residents_claim.html

Other potential problems: "6) Coal Recovery, including removal by auguring, coal underlying the right-of-way of Jackson County Road 81."
http://surface-mining.alabama.gov/P3935R2/Data%5CPart%20III.pdf Hazard?

Questions - What is the extent of auguring operations under the right of way? Depth-amount of material removed-hazard to the public's right of travel? Have laws been violated and was the commission aware of the tunneling under the right of way?

Is the County Engineer aware of the mining company's actions in this permit as it relates to tunneling/auguring activity?  

 

 

Commission Chair to establish committees: http://thedailysentinel.com/news/article_13029768-4607-11e2-b303-001a4bcf887a.html Next meeting will be Monday, Dec. 17, 2012 at 5PM

Scottsboro City Council Meeting - Vacant City Council Position Filled

Last night was a work session and regular city council meeting. The big news-Gary Stewart selected to fill the position left by Mr. Hodges when he was elected as the Jackson County Commission Chairman. Video of the regular council session is posted below the agenda.

Work Session Agenda

 

 

Regular Meeting Agenda

  

Daily Sentinel article: http://thedailysentinel.com/news/article_4e10038e-4474-11e2-ba34-0019bb2963f4.html

TVA Browns Ferry Nuclear Plant - NRC 95001 & 95003 Inspection Reports/Citizen Input

NRC 95001 & 95003  INSPECTION-PUBLIC REPORT

On Wednesday December 5, 2012 the Nuclear Regulatory Commission, NRC, held an update and safety/inspection report for the 3 nuclear reactors at the Tennessee Valley Authority's Browns Ferry Nuclear Facility. This report was related to three White findings, 95001 Inspection and one Red finding, 95003 Inspection. Huntsville Times/Al.com report: http://blog.al.com/breaking/2012/12/browns_ferry_preparing_for_fin.html 

NRC Browns Ferry Unit 1 information and Reports: http://www.nrc.gov/info-finder/reactor/bf1.html

NRC Browns Ferry Unit 2 information and reports: http://www.nrc.gov/info-finder/reactor/bf2.html

NRC Browns Ferry Unit 3 information and reports: http://www.nrc.gov/info-finder/reactor/bf3.html

 

All U.S. civilian nuclear power reactor reports and status may be found at this NRC link:  http://www.nrc.gov/info-finder/reactor/index.html 

 

GE Mark 1 Nuclear Reactor Diagram

 

Chattanooga Times Free Press article by Pam Sohn: "The Nuclear Regulatory Commission's regulators told TVA nuclear officials Wednesday that it is lifting the white safety findings from the Browns Ferry Nuclear Plant. TVA chief nuclear officer Preston Swafford and Browns Ferry's plant manager Keith Polson said they will in January ask NRC to schedule a third volley of inspections aimed at lifting the NRC's most serious safety flag -- a red finding that has been hanging over the plant for more than a year."

"The red flag stemmed from a faulty valve on a shutdown cooling system on Unit 1 that went unnoticed for 18 months. RC found that the failure was a one of TVA's safety and maintenance culture there. n Wednesday, plant manager Polson told NRC officials that TVA had created an improvement plan containing over 1,000 action items."To date 72 percent of those actions are complete," Polson said." http://www.timesfreepress.com/news/2012/dec/06/browns-ferry-gets-green-light-on-some/

If the TVA requests the final inspection in January 2013 it is expected that the comprehensive final inspection to remove the "Red Flag Finding," the most serious safety finding reflecting degraded conditions, will begin in April 2013 according to NRC officials.

Previous articles about the TVA Browns Ferry Nuclear Facility and the GE Mark 1 type of nuclear reactors on this blog: http://arklite.blogspot.com/search/label/TVA%20Browns%20Ferry This listing contains previous NRC meetings on Browns Ferry and the related issues concerning defects in the GE Mark 1 type of nuclear reactors which exploded and melted down at Fukushima-Daiichi Nuclear Facility in Japan due toan extended Station Blackout as a result of a natural disaster.

VIDEO Part 1-NRC and TVA Presentations


VIDEO Part 2 Public Presentations The Browns Ferry Incident - If we forget our history, we are doomed to repeat it.

Scottsboro City Council

 

Wednesday, December 5, 2012 was a continuation of the Nov. 28th meeting. Video and agenda of the Nov 28 meeting  may be found at http://arklite.blogspot.com/2012/11/scottsboro-city-council-finance.html

 

AGENDA

 

 

The meeting continuation was to vote on the City of Scottsboro Bond Issue, which was accepted and approved.

 

Second was a nomination and vote on the replacement Council Member for Matthew Hodges position. Mr. Hodges was elected as the chairman of the County Commission. There were three nominations: 1) J.D. Stephens; 2) Deborah Light; 3) Linda Bray.

 

Ms. Light and Ms. Bray each received 2 votes. There was no one elected by the council due to the split vote. The issue will be brought forward at the next City Council regular meeting December 10, 2012.

Daily Sentinel's report:

 http://thedailysentinel.com/news/article_792114c8-4082-11e2-9352-0019bb2963f4.html

Jackson County Commission Meeting - Probate Judge Pay Issue

Monday, November 26, 2012 was a regular meeting of the Jackson County Commission. Due to a previous commitment I was not able to attend the meeting at 5PM. However, The Daily Sentinel (DS) has an excellent front page article concerning the Probate Judge pay issue and business covered. The commission will seek an Alabama Attorney Generals Opinion concerning the Probate Judge pay issue.  http://thedailysentinel.com/news/local/article_5c595f48-397b-11e2-94a9-0019bb2963f4.html

 

DS article on district voting: http://thedailysentinel.com/news/article_469083d2-38ac-11e2-80fc-001a4bcf887a.html

 

Next meeting of the commission will be Monday Dec. 10, 2012 at 5PM

 

AGENDA

 

The Probate Judge Issue on this blog. The article in this mornings Daily Sentinel says an AG Opinion was not acquired. However, that is questionable, all articles on the Probate Judge pay issue: http://arklite.blogspot.com/search/label/probate%20judge

 

State law on the matter: http://law.justia.com/codes/alabama/2006/12057/12-13-20.html

 

Attorney Generals Opinion: http://www.ago.state.al.us/opinions/pdf/2010-091.pdf 

 

SPENT NUCLEAR FUEL POOLS/NUCLEAR TRASH-A NATIONAL SAFETY & SECURITY THREAT

Boiling Water Reactors are a National Security threat. Fact Sheet on hazards of Boiling Water Reactors (BWR). https://www.nirs.org/factsheets/boiling-water-reactors/

"A drained spent fuel pool in the U.S. could lead to a catastrophic fire that would result in long-term land contamination substantially worse than what the Chernobyl accident unleashed." https://www.ips-dc.org/blog/safeguarding_spent_fuel_pools_in_the_united_states

Brookhaven National Laboratory studied the consequences of a severe spent fuel pool accident at a closed U.S. reactor in a 1997 report prepared for the U.S. Nuclear Regulatory Commission. "In the most severe case, if the fuel rods rapidly caught fire after water completely drained from the spent fuel pool, an accident could:"

• Contaminate up to 2,790 square miles of land, makng it unfit for human habitation,
• Cause as many as 143,000 cancer fatalities over time, in a radius of 500 miles from the accident site, and
• Cause property damage up to $780 billion (in 2011 dollars).

"In short, the possibility of a Fukushima-like loss of coolant to spent fuel pools - and ensuing release of radiation - is quite real in the United States, whether as a result of an earthquake, terrorist attack or other disaster. The risk of such a disaster varies from plant to plant and can be mitigated in various ways, but it cannot be fully eliminated given current spent fuel pool designs." https://www.frontiergroup.org/blogs/blog/fg/what-are-risks-posed-spent-fuel-pools-united-states

Foundation for Resilient Societies NRC petitions on issue.
https://www.resilientsocieties.org/nuclear-regulatory-commission.html

Radioactivity and the Systematic Falsification of Nuclear Risk

https://www.ratical.org/radiation/radioactivity/

Scottsboro City Council - FINANCE DIRECTOR AND CITY CLERK, RETIREMENTS-REAPPOINTMENTS

Monday, November 26, 2012 was a regular session of the Scottsboro City Council. Note last Monday's Work Session meeting posting on November 20, 2012.

 

AGENDA

 

Next Meeting of the City Cuncil will be Wed., Dec. 5, 2012

 

VIDEO

  

Scottsboro City Council Work Session - Proposal to Combine City Clerk and Finance Director

Monday was a work session for the Scottsboro City Council.

 

CITY COUNCIL AGENDA

 

 

Mayor Potter explains plan to combine City Clerk and Finance Directors Position. Daily Sentinel article: http://thedailysentinel.com/news/article_9ac5a51a-33f5-11e2-b99d-001a4bcf887a.html

 

Council Meeting Video

  

Jackson County Commission Work Session (Video)

Monday November 19, 2012 was a work Session of the Jackson County Commission. After the commission work session Budget Hearings were conducted in the commission board room.

Commission Agenda

 

Video of Commission Meeting

The Nuclear Truth in Video

What the nuclear industry and their puppet politicians will not tell you the citizen - Nuclear power is dangerous and it kills people. A series of video exposes.

Dr. Jeffrey Patterson on Nuclear Power and Human Health ( Dr. Patterson's bio: http://www.psr.org/about/board-of-directors/jeff-patterson.html )

Dr. Ernest J. Sternglass on Nuclear Contamination and Cancer, unfortunately the embed mode is disabled for these videos.
Part1: http://youtu.be/TPO7Tft0YlQ
Part2: http://youtu.be/hN7rcjSnxZs  
Part 3: http://youtu.be/sf5v83xnd1A

April 13, 2011- Dr. Ernest Sternglass is Professor Emeritus of Physics at the University of Pittsburgh. He is Co-founder and Director of the Radiation and Public Health Project (www.rphp.org), and author of "Secret Fallout: Low-Level Radiation from Hiroshima to Three Mile Island". Dr Sternglass has extensively studied and published on the public health effects of atomic bomb testing and nuclear power.

 

Down Wind Death - Dr. Ernest Sternglass speaks on the bad effects of radiation

The truth of 3-Mile Island, a coverup to protect the nuclear industry.

Savanah River Site and Small Modular Reactors

"Shh," says DOE.  "We have secrets, we are killing people but don't tell them the truth." (claims and costs: http://www.dol.gov/owcp/energy/regs/compliance/weeklystats.htm )

Ionizing Radiation from nuclear plants, fuel facilities and weapons complexes-colorless, odorless, tasteless radiation death. In many instances you will not know the extent of cellular mutations until you are diagnosed with cancer. In some cases, many years later. For more info: http://radioactivepoison.blogspot.com/

Squamous Cell Carcinoma of the Skin - credits: Medical Pictures from uIowa.edu: UI Dermatology / Tom Ray.

 

""Under a Cloud" presents evidence that the Savannah River Site in South Carolina had a recent, unreported radioactive fallout event. That fallout threatens human and environmental health. This is a "wake-up call" for the communities neighboring the Savannah River Site: we must take action to secure site accountability and to protect our health and our environment."




The TVA is spending hundreds of millions of dollars of your money for a project you will never see any results. Welcome to the SMR (small modular reactor) story, a project which you the rate payer are paying so the nuclear industry will benefit. A project in which there are no orders for the atomic mechanism, no approvals; our government is spending hundreds of millions of your hard earned dollars in the experiment for which only the nuclear industry reaps the financial benefits.

SMALL MODULAR REACTORS, SMR,  PRESENTATION BY TOM CLEMENTS
"“While SRS may superficially appear to present certain attractive aspects for the location of SMRs, the site has not had experience with operation of nuclear reactors in over twenty years and has no current expertise in reactor operation,” said Clements.

  “While DOE is set to chose two SMR designs to fund for further development, SRS affirms that no construction funds will be provided, leaving vendors with the difficult and perhaps insurmountable task to find private funding for SMR construction.”"

"Two of the three separate “Memoranda of Agreement” for three different and still hypothetical SMR designs include deployment timelines which are already admitted by DOE to be inaccurate since they were signed less than six months ago."

"As SMRs are being promoted for overseas markets, SRS officials will not say what plans are for used reactor vessels or highly radioactive spent fuel which would be taken back to the production site." http://aikenleader.villagesoup.com/p/documents-reveal-time-line-and-plans-for-small-modular-reactors-smrs-at-the-savannah-river-site-sr/840884

TVA and SMR's http://www.nrc.gov/reactors/advanced/clinch-river.html

Tom Clements Small Modular Reactor Overview for tva meeting 6.26.2012 from MATRRorg
 

TVA Quarterly Meeting Nov.15, 2012 Rainsville, Al.

 

 

TVA Chief Executive Officer Tom Kilgore's last Quarterly meeting.

 

 

 

TVA CEO Select Bill Johnson

 

 

November 15, 2012 Rainsville, Alabama
Videos of Listening Session and Board of Directors Meeting
News Release
TVA Presentation (PDF)
Video of listening session
Video of meeting
Video of media briefing
Notational document for search firm
Notational document for CEO appointment

TVA Agenda Item 9 A and B below were moved to the beginning of the agenda. There was a reaffirmation of the Boards secret vote concerning the approval of the incoming CEO Bill Johnson, former Duke Energy CEO. (http://www.bizjournals.com/charlotte/blog/power_city/2012/11/former-duke-progress-energy-ceo-to.html?page=all )  The secret Notational Approval process resulted in a complaint being filed with TVA's Office of the Inspector General for violation of the Federal Sunshine Act. http://www.chattanoogan.com/2012/11/12/238400/Complaint-Filed-Says-TVA-Ignored.aspx

 

LISTENING SESSION YOU TUBE VIDEO LINKS

 

Presentation to the TVA Board of Directors on November 15, 2012 by Sandra Kurtz, VP, Blue Ridge Environmental Defense League and founding member of Belleffonte Efficiency and Sustainability Team. Ms. Kurtz speaks about the nuclear waste/trash produced by nuclear power plants and the fact there is no solution for the millions of pounds of radioactive reactor waste which is expanding in the Tennessee River Valley. http://www.youtube.com/watch?v=BytuU37oWyQ

 

Presentation to the TVA Board of Directors on November 15, 2012 by Tom Clements with the Alliance for Nuclear Accountability. Mr. Clements discusses the Plutonium MOX nuclear reactor fuel issue with the TVA Board of Directors. http://youtu.be/UZusbEa6Bao

 

 

 

TVA FINANCIAL STATEMENT 

 

A look at TVA Accounting and Finances for 2012

When looking at TVA finances use care and read carefully explanations given. All is not what it may seem. For instance: TVA claims they have $60 million positive income for FY2012. After review, it appears the income is derived from debt refinancing. For example: 1st qtr. reflects a $173 million loss; 2nd qtr. reflects a $94 million loss; 3rd qtr. reflects a $23 million loss. The first 3 quarters equals a $290 million loss. This would mean for the TVA to achieve a $60 million positive income they would have a $350 million income gain for the 4th qtr. of the 2012 Fiscal year. Good luck in finding the $350 million. There are also some peculiarities reflected in the environmental cleanup accounting. TVA's financial statement history may be found at http://investor.shareholder.com/tva/sec.cfm?DocType=&SortOrder=FilingDate%20Descending&Year=&Pagenum=2

 

2012's lotal long and short term debt is listed at $25.078 billion. Short term debt has grown considerably, it is at $3.328 billion.

 

Total Contingencies & Commitments $65.954 billion.

 

Pension Plan is is funded at 58.6%, $7.029 billion; obligations are $11.995 billion; pensions are underfunded by $4.966 billion-41.4%. In 2011 the pension fund was 58.1% funded; in 2010 the fund was 65% funded. In 2 years the pension funds underfunding status has grown by 7%, but realized a 1/2% positive gain for funding this year in the financed fund amount (80 years for the fund to be financed?).

 

>>UPDATE: TVA In Lieu of Tax Payments for FY 2013<<

The Daily Sentinel article: http://thedailysentinel.com/news/article_0187fda6-303c-11e2-8f3d-0019bb2963f4.html

 

 

Aquatic Nuisance Species and the Jackson County Chamber of Commerce Director

Many thanks to Marshall County Alabama State Representative Wes Long ( http://www.mclo.org/index.php?/about/biography/2 ) for speaking at the TVA Board Meeting in Rainsville Thursday. Mr. Long brought forward the continuing problem of Aquatic Nuisance Species on Lake Guntersville Alabama. He stated the facts concerning this problem and asked assistance of the TVA Board in resolving this problem. This was the first political representative from Northeast Alabama to speak before the TVA Board concerning this continuing problem.

Unfortunately, Mr Roden of the Jackson County Chamber of Commerce misspoke concerning this and other issues. He stated, "Many people today speak against Bellefonte and against the TVA. They do not speak for the majority in Jackson County."

 

Mr. Roden, Jackson County Chamber of Commerce Director, is sadly mistaken. In his presentation Roden misrepresented the people of Jackson County and Scottsboro; he mischaracterized those speaking before the Board of Directors.

 

At no time did anyone speak against the TVA or Bellefonte. His comments were a kick in the pants for Mr. Long requesting assistance from the TVA in resolving the Aquatic Nuisance Species problems on lake Guntersville. Many folks expressed their concern and suggested areas where TVA management could make improvements. Citizens expressing themselves before a government agency is a citizen's right and does not reflect non-support for the agency or a project. Mr. Roden needs to grow up and stop with the sophomoric attacks directed at citizens who may not agree with his personal opinions about government.

 

Why didn't Mr. Roden offer support for Mr. Long's suggestion to TVA? He could have asked TVA to take a leadership role. Instead, Mr. Roden was busy bashing citizens, submitting fallacies, and "brown nosing" the TVA instead of listening to the citizens suggestions for improvement. 

 

 

Scottsboro's The Daily Sentinel's Report: http://thedailysentinel.com/news/article_6e92d390-3004-11e2-b286-001a4bcf887a.html

 

Chattanooga Times Free Press article on Executives pay. The overall pay levels [of TVA Executives] were denounced by U.S. Rep. John Duncan, R-Tenn., today as “ridiculously excessive.”

http://www.timesfreepress.com/news/2012/nov/16/tva-boosts-pay-top-officers-chattanooga/