Scottsboro City Hall, photo by G. Morgan
UPDATE - March 15, 2019
Disclosures Needed -
Transparency Needed
Elected Officials of the
City of Scottsboro. You have a responsibility to the citizens to disclose
misconduct and not keep secret the misconduct of city officials. You are
compounding the problem by a lack of transparency.
Allegations have been made
and reported. This is a question of whether the City of Scottsboro, as public
policy, supports sexual harassment/creation of a hostile work environment,
covering up of misconduct, and transparency of government operations relating
to misconduct.
The City of Scottsboro
hired an attorney, Ms. Hope Hicks as a consultant/attorney for matters
involving public official’s misconduct within the City of Scottsboro, her
findings should be released. Not releasing the attorney's findings related to
misconduct and findings regarding the creation of a Hostile Work Environment
and Sexual Harassment appears to be a coverup to protect those involved in such
misconduct, unless you disclose fully what has occurred in our Municipal
Courts.
The $19,000 plus dollars
paid out involving the Municipal Court problem, which is an expenditure of
public funds, part of the money not approved by the City Council in public, is
a reason to disclose the truth and the findings of the hired counsel related to
the creation of a hostile work environment/sexual harassment and other problems
relating to the Municipal Court of the City of Scottsboro, Alabama.
PUBLIC RECORDS REQUEST
Public Records Request(Original request signed, submitted February 18, 2019)
Under the Alabama Open Records Law 36-12-40 et seq., I am requesting an opportunity to inspect or obtain copies of said public records, (Describe the records or information sought with enough detail for the public agency to respond.) Also give the reason why you wish to review these records. (You must give a valid reason)
Records Requested: 1) On or about February 1, 2019; or during the first week following Feb. 1, 2019, the Chief of Police, Ralph Dawe sent forward to the Mayor and City Council a information memorandum or notice, outlining Scottsboro Police Department concerns regarding the case activity and or conduct of the the current Municipal Judge, Scott Berry. Please provide a copy of this public document as soon as possible. 2) On or about November 1, 2018 to January 31, 2019, per information from City Officials, a payment for legal services utilizing City of Scottsboro, Al. funds was made to an attorney, per report by the last name of “Snow,”to represent Municipal Judge Scott Berry in the sum of approximately $7000.00. It was also reported that travel expenses were paid to Judge Berry for this reported trip to Montgomery, Al. where lawyer “Snow” was located. Please provide copies of any vouchers or checks paid by the City of Scottsboro, Al. related to this event, eg. Attorney fees and or travel documentation as soon as possible, to include any other attorneys or firms related to Judge Berry’s representation paid for by the City of Scottsboro, Al.
The documents information requested is of a public interest which may be utilized as a news story in various news media outlets to include but not limited to my blog, a non-profit news and information blog regarding local issues and news events, “In the Boro,” https://arklite.blogspot.com
Summary: All documents requested were received on March 4, 2019. The documents received included personal information, Social Security Numbers, SSN, of private individuals and bank account numbers of the government entities; there was no redaction of SSN nor account numbers. Such numbers will be redacted in this report.
Some of the information within the documents requested is not listed as it is speculative in nature and may or may not reflect an accurate, professional opinion.
Reason for Records Request, Problems Within the Municipal Court System of Scottsboro, Alabama; Current and Historical Issues:
Synopsis of the problem including historical issues:
Problem regarding the Municipal Court Judge as reported and confirmed - https://www.waff.com/2019/02/01/scottsboro-judge-strikes-plea-deal-reckless-endangerment-case/?fbclid=IwAR31xmTaAEMI0CrV9L_qy412egRsDCiTEkj4sMi3MTVHzRvah08MVE1gsYw WAFF NEWS Story. Resignation of Judge Berry, update with links to previous stories on issue: http://www.waff.com/2019/02/26/embattled-scottsboro-municipal-judge-resign-next-month/ Judge Berry's effective date of resignation will be March 31, 2019, as reported by the Scottsboro City Council President Patrick Stewart.
Judicial Canon of Ethics: http://judicial.alabama.gov/library/RulesCanons
Historical articles regarding current issues and the history of the Municipal Court of Scottsboro, Alabama - concerns and events associated with sexual discrimination and harassment within the Scottsboro political entity: https://arklite.blogspot.com/search/label/Municipal%20Court The issue of sexual discrimination/creation of a hostile work environment is not addressed in this report. NOTE: Item 3 on the February 25, 2019 agenda - Approval for $11,800 regarding professional services for Ms. Hope Hicks, Attorney, representation for the City of Scottsboro regarding the Judge Scott Berry case and problems within the municipal court. Ms. Hicks legal expertise includes Civil Rights issues and employment law.
Previously stated - There are city officials and employees (4) who have made statements to me, but must remain as a confidential source due to fear and probability of retribution carried forth against the employee or public official. I can understand why some of the confidential source information may be confusing, however without permission to release names in this developing situation there is nothing more I can say until specific public records information is received or official findings are released. This public records disclosure addresses some of the issues.
REPORT, IN PART, FROM "THE ADMINISTRATIVE OFFICE OF THE SCOTTSBORO POLICE DEPARTMENT, SCOTTSBORO, ALABAMA; FROM CHIEF OF POLICE RALPH DAWE, TO HONORABLE MAYOR AND COUNCIL; SUBJECT: MUNICIPAL JUDGE; DATED JANUARY 30, 2019 (Parts of this report are not included as they reflect speculation.) Concerns as listed by Chief Dawe as reported to the City Council and the Mayor regarding criminal law violations of defendants and their adjudication are listed in the photos below.
Quote from Chief Dawe submission: "I have a very deep concern that the present Municipal Judge is conducting court business . . . not follow[ing] the minimum standards of the Code of Alabama regarding sentencing and fine parameters."
(Click on image to expand view.)
Money Received in the Scottsboro Municipal Courts Fund, Payment of Fines, 2007 thru 2018. Decrease in funds due to suspension of Judicial Correction Services, JCS; Case in U.S. District Court, Northern District of Alabama, Huntsville Alabama - Link:
https://www.clearinghouse.net/chDocs/public/CJ-AL-0006-0010.pdf News article, Department of Justice input regarding JCS and Municipal courts.
https://www.al.com/news/birmingham/2016/03/doj_reminds_judges_they_cant_j.html
Municipal Judge Administrative Fund checks paid to Butler Snow LLP for legal representation of Judge Berry. Total amount paid for legal representation, checks #s 2121 1nd 2123, $7,000. Check # 2122 was paid for travel expenses in the amount of $378.00 to Judge Berry's travel to Montgomery, Al. and return. Account numbers and signature blocks are redacted from checks. City of Scottsboro checks were signed by the Finance Director Rick Wheeler and the City Clerk Whitney Phillips
There is no Scottsboro City Council meeting today, Monday, March 11, 2019, as City Council Members are in Washington D.C. for the Alabama League of Municipalities Meeting.
Next meetings, work session and regular meeting will be March 18, 2019
