Jackson County Courthouse, North Entrance, photo by G. Morgan
AGENDA
VIDEO
Tuesday, June 25, 2019
June 24, 2019 Scottsboro, Alabama - Scottsboro City Council Regular Session - Records Disclosure Issues, Open Government
Scottsboro City Hall, photo by G. Morgan
AGENDA
(Click on image for an expanded view.)
VIDEO OF COUNCIL MEETING
VIDEO - RECORDS DISCLOSURE ISSUE
Hear the beep at the beginning of the video (at 12 sec), that is the activation of Scottsboro's recording system - for the public official(s) afraid of open government, and afraid of disclosures, here is another video angle for you of my presentation.
RECORDS DISCLOSURE ISSUE with Enclosures
(Click on image for an expanded view.)
Complaint from Municipal Court Clerk and Magistrate
Records Request
Reason for non-disclosure, from city attorney
Sunday, June 23, 2019
Sunlight Needed in Scottsboro City Government - Current Cover-up of Public Officials Misconduct
Quote by United States Supreme Court Justice Louis D. Brandeis, 1916-1939. Image by Sunshine Foundation, Fair Use of image for non-profit news reporting and commentary.
Quote by Justice Brandeis: "The individual citizen must in some way collect and spread the information." Justice Brandeis probably did not imagine the degree in which technology would contribute to open government. Brandeis quote - "Use Search light on City Hall," https://sunlightfoundation.com/2009/05/26/brandeis-and-the-history-of-transparency/
Scottsboro's Current Problem With Transparency,
Failure to Disclose Records - What is it city officials are attempting to hide?
City Council Part of the Problem, Not the Solution
Wednesday June 19, 2019 - Messaging to Scottsboro City Council leadership: I submitted a request to the Scottsboro City Council President, Patrick Stewart, to be placed on the agenda for Monday's meeting. Stewart stated, "I will not be present, you will need to ask Council Pro Tem President Greg Mashburn, he will lead the council meeting." I contacted Mr. Mashburn, he refused to place me onto the agenda to discuss Sunshine in Government and a problem with transparency. Mashburn stated, "Unfortunately, I
must deny your request to be on the agenda.
I will defer any inquiry or request for information to our legal
council." Mashburn did say I could speak at the end of the meeting. I provided him my contact info regarding the issue of transparency and the
ongoing cover-up of wrongful conduct by City Officials. He further stated,
"I am unaware of any type of cover-up within our city government." I
explained further to Mr. Mashburn, “You do not work for the city attorney, you
work for the citizens, I am one of those citizens.” Scottsboro City Council
Member Greg Mashburn is named in the City Magistrates complaint. I thought it surprising
that Mashburn did not call me regarding my concern, I gave him my phone
number. and offered to discuss the matter personally with him.
Public Records Request failure, the law. Code of Alabama (COA) "13A-10-12 (a)(3) Knowing he lacks
the authority to retain a governmental record he refuses to deliver up the
record in his possession upon proper request of a person lawfully entitled to
receive such record for examination or other purposes.
(b) Tampering with
governmental records is a Class A misdemeanor."
Proper request submitted
to the custodians of records of the City of Scottsboro, Alabama on May 10, 2019 - Records Requested: 1) Reply
to the Municipal Court Clerk/Magistrate's complaint of: a) False Statements made
against the Court Clerk/Magistrate; b) creation of a hostile work environment by
appointed public officials; c) sexual discrimination/harassment by appointed public
officials, conspiring to remove the public employee by improper means as a
result of making of false statements. 2) Written Disciplinary Action by the
Mayor of the City of Scottsboro to the city's Finance Director. 3) The city's
Finance Director's reply to the Mayors disciplinary action.
The Records Request on the City of Scottsboro's Request Form
The Records Request on the City of Scottsboro's Request Form
May 10 2019 - Public Records Request to the Mayor and City Clerk of the City of Scottsboro, Alabama.
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 – (on or about) February 1, 2019 thru May 3, 2019
1) Records Requested: Reply to Mrs. Caroline Starr’s complaint to the City of Scottsboro on Municipal Court Letterhead regarding “Harassment,” alleged false reports by City of Scottsboro Finance Director Rick Wheeler and Former Municipal Judge Scott Berry. Only date on Mrs. Starr’s complaint is January 8, 2019
2) Records Requested: Disciplinary Action document, dates between February 1, 2019 and April 30, 2019 - Written Reprimand from the Mayor of Scottsboro Robin Shelton regarding Scottsboro Director of Finance Rick Wheeler involving complaints registered to the City of Scottsboro involving “harassment,”alleged misconduct toward Mrs. Caroline Starr and/or other personnel in the Municipal Court.
3) Records Requested: Scottsboro Director of Finance Rick Wheeler’s reply to Disciplinary Action document/Written Reprimand addressed to the Mayor of Scottsboro Robin Shelton, dates between March 1, 2019 and May 1, 2019
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.
Section 36-12-40
Rights of citizens to
inspect and copy public writings . . .
"Every citizen has a
right to inspect and take a copy of any public writing of this state, except as
otherwise expressly provided by statute." If records requested are denied there must be a specific exemption stated in accordance with the law. There has been no specific exemption stated in accordance with the laws of the state.
Attorney General's
opinions and several court cases affirm the citizen’s right to inspect
disciplinary action records and memorandums of reprimand as they are part of
the business of government. Dennis Bailey, General Counsel to the Alabama Press
Association had this to say recently as a reminder to public officials of the
necessity of disclosure: "“In general, applications, disciplinary actions
and memorandums of reprimand are documents reasonably necessary to conduct
business, and thus subject to disclosure…" Synopsis of AG Opinion 96-0003 –
Jeff Sessions, Alabama Attorney General
Keep in mind, the City of
Scottsboro paid an attorney, Ms. Hope Hicks, who specializes in employment and
equal opportunity law, $11,800. Scottsboro officials have not given the citizens
any report regarding her findings. Records requests thus far reveal an
intentional effort to cover-up wrongful actions on the part of Scottsboro
officials. City Council met in Executive Session on February 11, 2019 with Ms. Hicks and all parties involved in the Municipal Court sexual harassment/creation of a hostile work environment, false statements complaint by Scottsboro Municipal Court Clerk/Magistrate to discuss this matter. February 25, 2019 the Scottsboro City Council, agenda item 3, approved $11,800 to be paid to Ms. Hope Hicks. City Council President Patrick Stewart announced the resignation of Scott Berry the Municipal Court Judge during this Feb. 25, 2019 City Council meeting. When the City Attorney was asked if the Resignation Letter would be available, he stated no, not at this time.
A reminder to those on the
Scottsboro City Council, Mayor and City Clerk and any other elected or
appointed official that has a problem with Sunshine in Government. You should
take to heart the adage -
"Sunshine is the greatest disinfectant of government
corruption." Such is the case of Scottsboro City Officials failing to
disclose written reprimands by the Mayor regarding an appointed public official’s
misconduct, including that public official's reply to the Mayor. This unlawful
failure to disclose the public records is effectively a covering-up of
misconduct by public officials.
Another quote which public
officials should take to heart - "A popular government without popular
information, or the means of acquiring it, is but a Prologue to a Farce or a
Tragedy; or, perhaps both. Knowledge will forever govern ignorance; and a people
who mean to be their own governors must arm themselves with the power knowledge
gives." James Madison 1822
Tuesday, June 18, 2019
Monday, June 17, 2019
Scottsboro, Alabama June 17, 2019 Jackson County Commission Work Session - Auto Tag Fees
Jackson County Courthouse North Entrance, photo by G.Morgan
AGENDA
(Click on image to expand.)
VIDEOS
Jackson County Auto Tag VIDEO
Tag Money Breakdown
Monday, June 10, 2019
Scottsboro, Alabama June 10, 2019 Scottsboro City Council Regular Session
Scottsboro City Hall, photo by G. Morgan
AGENDA
(Click on image to enlarge.)
VIDEO
Scottsboro, Alabama June 10, 2019 Jackson County Commission Regular Session
Jackson County Courthouse, north side, photo by G. Morgan
AGENDA
(Click on image to expand view.)
VIDEO
Tuesday, June 4, 2019
Scottsboro, Alabama - June 4, 2019 Jackson County Commission Regular Session and Work Session - County Budget Shortage Could Result in Termination of TVA in Lieu of Taxes for EDA, Hospital Ambulance Services, Chamber of Commerce, etc. if Accounting of Funds Distributed is not Received by September 30 of Each Year According to Commission, "Annual Accounting" Is Not Defined
Jackson County Courthouse, north entrance, photo by G. Morgan
Need for General Fund Cash - $10,000,000
Fair use for non-profit news reporting and commentary, photo by my "notetakingnerd.com"
Agenda Item 8, Regular Session - South Entrance of Jackson County Courthouse to Close on Thursday, June 6, 2019 due to budget constraints. I asked Mr. Guffey when the south entrance would be reopened, his reply: "Whenever Mr. Livingston provides us with money to reopen the door."
Agenda Item 6, Work Session - County Commission Chair stated prior to distribution of funds distributed from the TVA-in-Lieu-of Tax to separate corporate entities such as the Jackson County EDA, Jackson County Health Care Authority, ARC, Boys and Girls Club, Earnest Pruitt Center for Technology and others including Libraries, Schools, etc. the entities stated in the law, according to the commission chair, must submit their budget for County Commission approval or funds may not be distributed. (see video segment) Link to (Passed) 2018-03-13 - Assigned Act No. 2018-270. [SB347 Detail]:
https://legiscan.com/AL/text/SB347/2018 also local law: https://codes.findlaw.com/al/title-45-local-laws/al-code-sect-45-36-162.html
An "annual accounting in the use of the funds" does not necessarily equal the organization's receiving funds must provide a budget submission to the Jackson County Commission for approval, there is no definition for "annual accounting."
The chair of the commission states in accordance with this local law that money may be withheld from the following entities if an accounting for TVA in lieu of tax fund usage is not obtained by September 30, quote: "8) An annual accounting of the use of the funds appropriated in subdivisions (2), (3), (4), (5), (6), and (7) shall be furnished to the Jackson County Commission no later than September 30 of each year. In the event an annual accounting is not furnished, the commission may reduce or terminate funding for the next fiscal year for the entity failing to furnish the report by a majority vote of the commission. All resulting excess money shall then be transferred to the general fund of the county."
Entities Descriptions of Funds stated in above (2), (3), (4), (5), (6), and (7)
(2) The next one hundred forty-five thousand dollars ($145,000) of each year's payments shall be paid to the Jackson County Hospital Board to provide all residents of Jackson County with adequate ambulance service.
(3) After the above appropriations, the next thirty-five thousand dollars ($35,000) of each year's payments shall be distributed to the Scottsboro-Jackson County Rescue Squad for the maintenance and operation of the rescue squad's equipment and facilities.
(4) After the above appropriation, the next one hundred five thousand dollars ($105,000) shall be paid to the Jackson County Economic Development Authority on an annual basis.
(5) In addition to the Jackson County Economic Development Authority, as provided above, the next seventy-five thousand dollars ($75,000), shall be annually paid to the authority. All appropriations made in this subdivision to the Jackson County Economic Development Authority shall be deposited in a special industrial development fund to be used only for the purposes of this subdivision as follows: For recruiting industry; matching public or private grants the county may receive for industrial development; and special projects for site preparation, surveying, archaeological or geotechnical studies, or other direct expenses necessary to recruit industry to the county.
(6) After the above appropriation, all Jackson County volunteer fire departments in good standing with the Jackson County Association of Volunteer Fire Departments shall be authorized to receive seven thousand five hundred dollars ($7,500) each annually to help furnish adequate fire protection in the communities that they serve. The amount paid to each volunteer fire department shall be paid at the direction of the county fire marshal and disbursed to each fire chief upon approval of the county fire marshal. In addition to the above, thirty-five thousand dollars ($35,000) shall be distributed to the Jackson County Association of Volunteer Fire Departments for use by the association.
(7) The next forty thousand dollars ($40,000) to the Greater Jackson County Chamber of Commerce to promote tourism, workforce development and education, and retail and commercial development that promotes economic development in the area. The funds disbursed pursuant to this subdivision shall be disbursed in two payments of twenty thousand dollars ($20,000).
Mr. Guffey, Commission Chair, asked the county administrator if any of the listed entities had ever submitted an accounting for the use of the TVA-in-lieu of tax funds, his answer was "No." To repeat, an "annual accounting" of the TVA in lieu of tax funds does not necessarily mean a budget submission and/or approval by the Jackson County Commission for the public entity receiving TVA in lieu of tax funds. An "annual accounting" is not defined, does this mean a statement by the responsible official, or a budget submittal for approval? This has the making of a mess and conflicts.
VIDEO of Mr. Guffey's Statement
Regarding TVA In Lieu of Tax
AGENDA
VIDEO Presentation
Monday, June 3, 2019
Scottsboro, Alabama June 3, 2019 Scottsboro City Council Work Session - Bass Masters Tournament, June 20, 2019 - Discussion on Heritage Center Expansion Project and Brush Pit Fire Update
Scottsboro City Hall photo by G. Morgan
Brush Pit Fire, Briefing by Chief Necklaus
Scottsboro Brush Pit Fire - Article from WHNT News, excellent aerial photos, April 23, 2019
I had a brief discussion with Chief Necklaus about the status of the fire and if there were any hazardous materials involved in the underground fire. "There are no chemicals or tires involved in this fire. ADEM, (Alabama Department of Environmental Management) has inspected the area, no tires or chemical agents were found," stated Chief Necklaus. Necklaus also commented, the fire appeared to be the result of spontaneous combustion underground from years of brush and vegetative debris buildup.
Chief Necklaus Video Update on Fire
AGENDA
(Click on image for an expanded view.)
Heritage Center Expansion Project Update, Mrs. Brenda Ivey
Agenda Item 1, Mrs. Brenda Ivey provides the city council with latest info on the Heritage Center project and meetings with Mayor and architect, first 18 minutes of the below video after city council opening. Apparently there was an error in the architects initial cost estimates. Once the City Council provides final approval, the issue regarding the Heritage Center expansion project, the bidding and costs 'step' process will begin.
Bass Masters Tournament
Agenda Item 2, Bass Masters Tournament at Goose Pond Colony - June 20, 2019 Info Link https://www.bassmaster.com/sites/default/files/al_lake_guntersville_soe.pdf
WAFF-TV Huntsville, Alabama, September 2018 story link - Bass Masters comes to Scottsboro's Goose Pond Colony: https://www.waff.com/2018/09/28/bassmasters-elite-tournament-coming-scottsboro/
VIDEO
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