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

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