Scottsboro, Alabama April 8, 2019 Scottsboro City Council Regular Session - Update 4-9-19 Public Records Request and Open Meetings Act Concern - Advisory Committees Circumventing the Spirit and Intent of the Alabama Open Meetings Act

Scottsboro City Hall photo by G. Morgan

UPDATE 4-12-19: OPEN MEETINGS REGARDING COMMITTEES

Regarding the Municipal Judge selection in Scottsboro, Alabama. My thoughts regarding Scottsboro City Council's failures regarding this issue in no way is a reflection on the selection of Daryl Eustice as the Municipal Judge, my personal thoughts are that he will make a fine Municipal Judge.

My concern is that of the processes of the Scottsboro City Council in their appointment of Advisory Committees, which in this case appear to circumvent the spirit and intent of the Alabama Open Meetings Act.

It is apparent there is an intentional element of secrecy within the Alabama Open Meetings Act regarding Advisory Committees. Any meeting of a committee appointed by the political body including the chair or president of the political body should be announced and open to the public. That is not the case regarding advisory committees. Advisory Committees allow for no disclosure of the deliberation process, it is my thoughts this goes against the Spirit and Intent of the Alabama Open Meetings Act.

So called Advisory Committees are conducted in secret, this creates room for abuse. Municipal lobby organization input. - The Alabama League of Municipalities: https://www.alalm.org/Assets/Files/LegalServices/OpenMeetingsLaw/Alabama_Open_Meetings_Act_8-31-15.pdf

Huntsville's municipal government has the right idea regarding the selection of Municipal Judges, it is accomplished in open meetings. Scottsboro could easily adopt such policy: https://www.huntsvilleal.gov/wp-content/uploads/2017/07/13.b.MUNICIPAL-JUDGE-SELECTION-PROCEDURE.pdf

UPDATE 4-9-19: Records request, City of Scottsboro, Al.

To date this record request has not been fulfilled. I have been informed by a Public Official there are records relating to this request. Info on this request provided to ACLU Sunshine in Government Program.

 Public Records Request, Dated: 3-19-19

 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)

Dates of Records Requested – September 1, 2018 thru March 15, 2019

1)   Records Requested:  Consultation Report, Memorandums of Record, Human Resource Management Report from Ms. Hope Hicks, Esq., an Attorney hired to conduct - Inquiry, Findings or Suggestions relating to the Scottsboro Municipal Court and personnel employed by the City of Scottsboro Municipal Court, and/or within the City of Scottsboro as an Employer of employees, as a result of complaints relating to Sexual Harassment, Sexual Discrimination, the Creation of a Hostile Work Environment, or a violation of Civil Rights as it relates to employees of the City of Scottsboro.

2)   Records Requested: Complaints of Sexual Harassment, Sexual Discrimination, and Creation of a Hostile Work Environment relating to the Employees of the City of Scottsboro working in the Municipal Court of Scottsboro, Alabama. Complaints made to Mayor, Human Resources Director, and/or the consulting Attorney, Ms. Hope Hicks, Esq., regarding the previously mentioned subject matter.

3)   Records Requested: Any Findings, Memorandums, Documents or Reports related to the subject matter requested above, within the date range listed above, including documents from City of Scottsboro’s Mayor, any City Council Member, Human Resource Director, Municipal Court Judge, or Finance Director.

Records Requested are to be utilized for non-profit news reporting on my blog, “In the Boro,” https:arklite.blogspot.com. Records provided may be released to other area media outlets. Information requested serves a public purpose to inform citizens.

AGENDA

(Click on image to expand view.)

Daryl Eustice appointed as Scottsboro Municipal Judge.

Citizen presentation by Garry Morgan regarding committee meetings and the Open Meetings Act. Mr. Kennamer, City Attorney clarified Advisory Committees and Committees appointed by the "Body Politic."

VIDEO