Scottsboro City Council Work Session

Work Session Agenda, February 20, 2012

Tonight was a work session for the city council. The Big issue, #1 on the agenda, was the public disclosure of the Attorney General (AG) Opinion, link}#2012-035, relating to the Scottsboro Parks and Recreation Board better known as the Goosepond Colony Park Board. This weekend the Daily Sentinel ran an article about the issue: http://thedailysentinel.com/news/article_cd3b1760-59ca-11e1-9cf6-001871e3ce6c.html

Mr. Steve Kennamer, City Attorney reads highlights of the AG opinion. (photo by G. Morgan)

Important points of Opinion #2012-035 : (a)The Parks & Recreation Board is a seperate corporate entity from the City of Scottsboro; (b) members of the board may only be removed by impeachment; (c) the park board officials are not municipal officers and may not be removed by the city council;(d) the park board may not sell mortgaged property in which it does not hold a free and clear title; (e) the City of Scottsboro may not determine the hours of operation. The AG did suggest the city and park board work together for a mutual compromise in the matter. (f) The AG stated: "Although the council may have the authority to reassign property that it owns, the board is in control of the management aspect of the property." Possibly a misunderstanding by the AG or by me? As I understand the terms of the Plantation Pointe Mortgage, the Scottsboro Parks and Recreation Board owns the property but the City of Scottsboro cosigned as a guarantor on the mortgage when the "pointe" property was purchased. Therefore, the City of Scottsboro must release the mortgaged property if there is to be a sale of the property.

Council Member Keith Smith (above-photo by G. Morgan) made inquiry concerning the Jackson County District Attorney's opinion on this matter. Mr. Kennamer replied, "I'm not aware of any opinion from the District Attorney;" Ms. O'Shields replied that she had spoke to the DA's office but there was no evidence to pursue the matter further. Ms. O'Shields further remarked the DA's office will not reply in writing concerning this issue.

Mr. Smith inquired about an Ethics Commission referral for violations by members of the Park Board. Mr. Kennamer replied, any citizen could file a personal complaint with the Ethics Commission if they had knowledge of an unethical act. Apparently Mr. Smith is concerned about an Ethics Conflict of Interest Violation reference to loans made to the park board while the President of the Park Board, Mr. Mike Bagget, also a loan officer of the 1st National Bank who issued a loan to the Park Board.

I inquired of Mr. Smith after the council meeting if he intended on filling an Ethics Commission complaint, his reply: "Yes I intend on filing a complaint with the Ethics Commission."
Update: Daily Sentinel article about the issue http://thedailysentinel.com/news/article_d02d5304-5f2c-11e1-8ee9-001871e3ce6c.html

The Code of Alabama reference Ethics Definitions has this to say about conflicts of Interest: "Section 36-25-1, (8) A conflict on the part of a public official or public employee between his or her private interests and the official responsibilities inherent in an office of public trust. A conflict of interest involves any action, inaction, or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members or any business with which the person is associated in a manner different from the manner it affects the other members of the class to which he or she belongs. A conflict of interest SHALL NOT include any of the following:  a. A loan or financial transaction made or conducted in the ordinary course of business."

In other matters: 2) The city council next Monday will select 2 of 3 applicants for the Scottsboro Personnel Board. 3) Will select 2 applicants for the Tree Commission. 4) Discuss city ordinance relating to salary increase for upcoming year relating to elected and public officials.