Today was a work session of the Jackson County Commission. Several important topics were discussed.
Prior to the agenda, Chairperson Bias directed the County Administrator to read a letter from her to the public concerning Probate Judge Hambrick's pay. The following is the letter concerning the issue. The Letter from the Commission Chairperson was also supported by a letter by the County Attorney addressed to the Commission Chairperson. (Ms. Bias refused to produce a copy of the letter upon request after adjournment. She provided all other members of the press present with the letter. I requested the documents from the Chairperson pro-tem, Mr.Jack Allen. Mr. Allen provided a copy of the documents posted below.) Click on image for an expanded view.
The letter also states, "the constitution provides generally that the salary of public officials shall not be increased or decreased during their term of office." That is not what the Alabama Constitution says, quote: "nor shall the legislature or any county of the state in any manner or by any means decrease, or authorize the decrease of, the salary, fees or other compensation of any such officer, during the term for which he is elected or appointed." There are no generalities to the statement. The supreme law of the state FORBIDS the decrease of an elected or appointed officials pay in "any manner or any means." That includes any reason by the commission. AG opinions do not circumvent in any way form or fashion the Constitution of the state; nor does a Commission chairperson circumvent the Constitution of the state. The key to this is the statement in the Constitution "in any manner or by any means decrease or authorize the decrease." There are no ifs, buts or "generalities," the statement is final and may only be ruled upon by a Court of the State, not a county commissioner or the authority of the commission. It is significant in the county's justification they use the words "public official" instead of an elected official. There is a difference as stated in Alabama's Constitution between a classified public official and an elected official.
Another interesting comment in the letter. Quote, "...the issue of the overpayment of the Probate Judge's salary based upon the application of the local act applicable to the Jackson County Probate Judge to the Omnibus Pay Bill was not the subject of the finding and therefore was not specifically addressed." In the previous paragraph the Omnibus Pay Bill and the local law was the reason given for the Judge's reduction and garnishment in pay. This is double talk in the attempts to justify a violation of the state's constitution in reference to an elected officials pay.
It was the county commission which authorized and paid the probate judges pay at the previous level until this year. The judge had nothing to do with the receipt of his salary. The county commission in this case is serving as a defacto judicial court ruling on the validity of a constitutional issue in which they have no authority to make such a ruling. Not only do they decrease the judges pay in violation of the Alabama Constitution, (They conveniently left out the several pay increases received by all officials, including the probate judge.) they now come forward and institute a garnishment action of the judges pay without any authority of law or order of any court.
AGENDA ITEMS:
1) A prescription discount program was presented by Mr. Ron Howard of Welldyne, Coast2Coast Pharmacy discounts. WHNT-TV of Huntsville, Al. covered a previous presentation in Limestone County. http://www.whnt.com/news/morganandlimestone/whnt-limestone-county-offers-new-prescription-drug-discount-card-20111004,0,6755361.story 2) Several issues were covered concerning the Public Works Department by Mr. Phillip Widner, County Engineer. 3) The Personnel Policy needs more work and updates before being approved. Leave without pay is one of the areas which must be looked at and changed. 4) Chairperson Bias stated the commission job advertisement resolution for the County License Inspector position within the county personnel system only would be rescinded. A new resolution is to be submitted before the commission at Monday's meeting to advertise the position within the county personnel system and to the general public. 5) The License Inspector official vehicle is broken down. The current inspector is currently utilizing his personal vehicle. However, there is no money to reimburse the license inspector for mileage. A discussion ensued to allow Ms. Erickson, County Administrator to make payments to cover mileage reimbursement. 6) Commissioner Allen requested an item be placed on the agenda for Monday's meeting to terminate the current temporary license inspector. Chairperson Bias stated she did not agree with Mr. Allen's request. Mr. Allen replied it did not matter if she agreed or not, it is the proper procedure in accordance with the commission agenda rules to place an item on the agenda of the regular commission meeting to be brought forward in the work session for inclusion on the following regular session. All blog articles concerning the license inspector issue: http://arklite.blogspot.com/search/label/license%20inspector 7) A discussion ensued concerning tax money and funds available for capital improvements as a result of a request from Scottsboro's City Board of Education Superintendent Dr. Judy Berry.
Mr. Clemmons asked the press not to quote him concerning his comments about Dr. Berry's request. His comment refering to me was , "I'm sure Morgan will misquote me."
The Chairperson and Commissioner "Little Napoleon" Clemmons (usage rights acquired)
Little Napoleon says to the Chairperson, "I'll tell the personnel director the licence inspector don't need no stink'n bond signed by the gubnor. We sure don't want no quotes, especially by that miz quot'n Morgan."
2 comments:
If I understand it right you are supost to be for the people. I have a few questions for you that I would like answered. First let me say I have one true friend in our courthouse and she does not work on the bottom floor. I want to know if you have found out WHO was supost to get this extra money that was given to the judge? I understand you found a law where as he should not have to reimburse. Ok given that are we supost to believe that he didnt know he was getting it? I am having a hard time trying to figure out why the girl that found the mistake is getting beat up. She simply reported the mistake. I am sure if that was your money you would want it back. I am not wealthy and that is alot of money to me. If you ask me this is absolutely "the good ole boys" , as you have called it. I have seen on this site only one sided info. It appears to me that you do not think a person can pay for their mistakes and be reformed. Im so sick of hearing about that young man and that inspector job.He probably not part of that good boy group and has no business trying to do better for himself. Sure have put that kid through it but then again he isnt a judge. One more bit of info for you those informants makes fun behind peoples back cause he will do anything that we ourselves are to chicken to do and that is being two face...I guess thats all part of the good ole boys group too huh? I guess I just wonder if you represent "the people" then why do you not want the peoples money back? Why is everybody getting the blame while the man with the bucks gets nothing but alot of time being spent trying to give reasons for him to keep it..That my friend is all messed up.
I appreciate your thoughts on the subject listed and your posting.
Elected officials are supposed to represent the people, not I. I report events as my blog states, "alternative news and discussion for Scottsboro and Jackson County Alabama as I see it." I will also provide my thoughts, opinions and facts if applicable on various issues You may agree or disagree, your choice.
Reference law, I can read it just as you or anyone else may read it. Understanding and comprehending what is read is another matter.
Actions such as reducing or taking and removing an elected officials pay is covered in the Constitution of Alabama, Amendment 92 and the laws of the state. It is up to the courts to remove ones personal property. Once a salary is authorized and paid it is the property of the individual recipient. In the case of the probate judge he received his salary in good faith, it was his salary since it was paid and authorized by the county commission for years. It is my thoughts the county commission has no authority to take a salary which is not theirs to take. Plus, by some magical powers, claims a right to take the back the pay it authorized. Once an elected county official's salary is authorized for payment and issued it is not the county's legal right to take what is not theirs. In my opinion the county commission's actions are tyrannical and wrongful.
No one is "getting beat up" as you say. I do not have to agree with anything the county commission may or may not do; just as you do not have to agree with my writings. Then again I may agree, it is a matter of choice.
"Pay for mistakes and be reformed." Your ideas of the terms are much different than mine. The perpetrator of the robbery and theft, in my opinion, should be serving time. He admitted to the crime, and does no time. Enrolled in the drug court, but not completed, then the chairman of the commission gives him a job due to his grandfather being on the county commission. Your idea of reform and mine are seriously different. Ms. Bias and Mr. Smith did a grave injustice in the decission to hire Mr. Smith's Grandson while he is enrolled in the Drug court for a critical position which requires a Governor approved Bond and is a law enforcement position. Plus, it is my opinion there was a vote trading scheme involved in the action.
One last word about the word "friend." You fellow citizen need to learn the meaning of words and their comprehension. Concerning my friends, I know who they are and I'm very particular about my friends. Your comments within, your disagreement or agreement, does not constitute friendship. This blog is what it is and nothing more or nothing less. Take it or leave it, your choice.
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