JAMES MADISON QUOTE - 1822

"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."

SCOTTSBORO WEATHER - SUN & MOON RISE

Tuesday, July 9, 2019

Scottsboro, Alabama - July 8, 2019 - Jackson County Commission, Regular Session - UPDATE July 12, 2019 - Expenditures Exceed Revenue - Town Hall Meeting Announcement - Legislative Delegation Response to Commission - UPDATE - July 11, 2019 - Town Hall Meeting Postponed - Courthouse Security, Structural Integrity Hazard - UPDATE - July 11, 2019 - Allegations of Misappropriations/Misuse of County Goods and Materials, Officials Deny Allegations - County Budget

Jackson County Courthouse, South Side, photo by G. Morgan

UPDATE - JULY 12, 2019 - MORE FINANCIAL INFORMATION, HISTORICAL AND CURRENT INFO FROM THE ALABAMA DEPARTMENT OF PUBLIC EXAMINERS REGARDING THE JACKSON COUNTY COMMISSION
It is important to note the Expenditures versus Revenue on this spread sheet as documented since FY2012 by the State Public Examiners (Click on image for an expanded view.)

Deficit Listings - FY2012 - $1,167,485.44; FY2013 - $456,218.36; FY2014 - $529,045.13;
FY2015 - $356,134.06; FY2017 - $347,332.33(preliminary report)

FY2019 (Listing below by the Jackson County Commission Administrator, unaudited information.)  -$623,574.00 deficit listing
Revenue Overage listing - FY2016 + $1,112,995.46
Audit Unknown at this time for FY2018

It is significant that the 6 years listed by the Department of Public Examiners and the FY 2019 Financial Status listed by the Jackson County Commission reflect deficit spending for 6 of the seven years listed. The audited FY2018 Expenditures vs Revenue is not listed to date. However, the proposed budget was reflected as Revenues of $8,232,539 and Expenditures of $8,212,882. There is no audit of the FY 2018 and FY2019 financial position at this time. 
Alabama Department of Public Examiners Link: https://examiners.alabama.gov/audit_reports.aspx

Reoccuring findings and recommendations by the Department of Public Examiners as to budget expenditures in excess of anticipated revenues including unexpended balances in accordance with the Code of Alabama 1975, Section 11-8-3.

JULY 11, 2019 - TOWN HALL MEETING POSTPONED 
The meeting between the Jackson County Commission and the Jackson County Legislative Delegation has been postponed. Rick Roden, Director of the Chamber of Commerce will be facilitating the Town Hall Meeting upon reschedule. I had a discussion with Mr. Roden and he stated: "All need to come together to work out the budget problems for the benefit of the people of Jackson County. This can be a win-win for everyone concerned."

TOWN HALL MEETING
Scottsboro, Alabama, Jackson County Commission announces a Town Hall Meeting at the Jackson County Courthouse on Tuesday, July 16, 2019 at 6 PM in Court Room 1, 2nd floor Jackson County Courthouse, all persons of Jackson County are invited, Legislative Delegation has been invited according to the Chair Person of the commission. Revenue issues, road issues, county courthouse issues.

Mr. Tommy Hanes, State Representative for our district contacted me yesterday after reading my "Breaking News" story post on Facebook: ". . . Your notice was the first I had heard of this Town Hall Meeting." Hanes further commented: ". . . They never asked us what would be a good day for this." Mr. Hanes indicated he had scheduled another event to attend.


THE JACKSON COUNTY LEGISLATIVE OFFICE
100 East Peachtree Street, Scottsboro Alabama 35768
256-218-3090
FOR IMMEDIATE RELEASE
July 9, 2019
Delegation Responds to Jackson County Commission

Scottsboro, AL, July 9, 2019- In light of the recent announcement by the Jackson County Commission regarding a public meeting being held Tuesday, July 16th at the Jackson County Courthouse, the Jackson County Legislative Delegation Members; Senator Steve Livingston, Representative Tommy Hanes and Representative Ritchie Whorton would like to take an opportunity to set the record straight. According to a notice brought to the attention of the Legislators through a Facebook post the Commission claims that the Legislators were invited to this meeting. The Legislators have yet to be notified by Mr. Guffey about this meeting. In fact, members of the delegation will be out of town attending to prior obligations. 

The Delegation is interested in the public’s opinion of the Commission budgetary issues and would like the opportunity to be present at such a public meeting. Moreover, the Delegation would like the facts presented to the public to be accurate and true. For instance, the Commission contends that the Delegation is unwilling to work with them. The truth remains that the Delegation met with the previous Commission some 14 times and has met with the current Commission between November 2018 to present 6 times. In fact, in November 2015, the Delegation agreed to give the Commission over $600,000 from their “Critical Needs Fund” to be deposited into the County’s general fund. The Commission also contends that the Delegation will not help them solve their current budget deficit, this is also not true. The Delegation has cooperated with the Commission on a number of issues. 

Senator Livingston secured funding for the Matheny Bridge rehabilitation project in the fall of 2018. The Delegation also carried a local bill in the 2019 legislative session which changed the Fund 100 to help the county to be able to utilize those funds. The Delegation carried yet another bill in the 2019 legislative session which reduced publication of expenditures and receipts to once per year, thus saving the County money.  Finally, the Delegation members have presented the Commission with options which addressed the current budget deficit throughout those 6 meetings, all of which were turned down by the Commission. 

The Delegation remains open to communicate through all reasonable solutions to the Commission’s budget deficit and their past record would prove that they have been and remain open to meeting with the Commission to find a workable, realistic solution. For questions please contact the Jackson County Legislative Delegation Office; 256-218-3090.
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The Jackson County Legislative Delegation is comprised of Senator Steve Livingston, Representative James “Tommy” Hanes and Representative Ritchie Whorton.

AGENDA
(Click on image for an expanded view.)

VIDEOS
Part - 1 Citizen Presentations



Part 2 - Regular Session Issues


Jackson County Courthouse Structural Stability and Security Issue

Pictures and story on Jackson County Courthouse structural stability problems to be filed shortly. According to Commission Chair Guffey a structural engineer has filed a report to include core sample drilling. That document will be requested today.

Meanwhile, the basement, outside bathroom will be closed due to the instability of the structure in the northwest corner of the courthouse. The tile wall cracks have widened, the floor is collapsing/dropping due to the weight of the wall. The drop appears to be 1 to 2 inches. The hard ceiling and wall structure has separated, the outside windows on the north and west walls are cracking and separating. This restroom has been utilized for the First Monday Trade Days Event, this will no longer be possible due to a structural integrity hazard, which if the failure progresses due to vibration, wind, rain, further soil and or structure movement is likely to create a danger to people.

 The room, records holding storage, immediate south of the outside bathroom described has a large vertical opening due to seperation and water destruction of foundation and supporting structures. Plaster has been destroyed for several years in this area. There is evidence of worsening structural instability. Employees reported to me when the commission office was renovated, a large hole opened up in the chairperson's office, this hole was patched and carpet was placed over the hole and collapsed area. The chairperson's office is directly over the northwest corner bathroom which demonstrates the unstable structure, VIDEO BELOW

VIDEO NORTH SIDE, 1966 RENOVATION, STRUCTURAL INTEGRITY/SECURITY ISSUE



UPDATE - July 11, 2019 Meeting with Commission Chair and the Director of Public Works - County Officials Deny Allegations Made by Employees; Chairperson Expresses Defensive Hostility.
Jackson County Public Works, photo by G. Morgan

Today at 9AM I met with the Chair of the Jackson County Commission Tim Guffey and the County Engineer - Director of  Public Works Jonathan Campbell. Mr. Campbell was very cordial and offered me water or coffee, I had a cup of coffee. I sat at the table in the conference room and I began to present what Mr. Guffey and myself had discussed earlier in the week, I also provided Mr. Campbell a copy of emails and photos provided me by a 26 year retired employee. I began to discuss with Mr. Campbell what the employees had presented to me relative to the allegations stated. Guffey became combative, telling me that I was wrong for listing the allegations on my blog. He provided me a copy of the allegations. He attempted to demean my writing by yelling: "All I do is to stir the pot." He further stated that he did not like that I had stated 3 basic allegations on my blog. Mr Campbell commented, we have known each other for some time, I've answered questions you have ask me, and he didn't appreciate me listing the allegations prior to our meeting. I stated to Guffey and Campbell this is the purpose of our meeting to hear your side. Guffey stated: "You should have waited, I don't like it;" in a hostile voice. I explained to Mr. Guffey that I did not care about what he approved or did not approve regarding my writing. (Allegations listed below.) 
Mr. Guffey and Mr. Campbell deny the allegations made by current and former employees of Public Works

Mr. Campbell gave me the information back which I had provided him, I noticed that he already had the documents and photos provided to me by the retired employee. Both indicated the County Attorney John Porter had advised them not to meet with me about the allegations made by county employees and listed on my blog. I informed Guffey and Campbell  that I had received information from other employees regarding the same allegations plus other allegations. The meeting was terminated as it was apparent that Mr. Guffey was very defensive and reiterated that the County Attorney told them that they should not meet with me. I also noticed  there was a stack of documents which appeared to be FEMA submission documents regarding debris load information.  I was told that I would have to submit a public records request for these documents. 

Two public records requests were submitted to view and review FEMA Documents and the County Employee Personnel Handbook for non-profit news reporting on this blog.

Allegations by Retired and Current County Employees 
Denied by Commission Chair and County Engineer
Sometimes a definition is necessary for those government officials who do not understand the term. "Allegation" - noun - a statement that someone has done something wrong or illegal, but which has not been proved to be true. In this case, "allegations" of wrong doing by public officials or public employees claimed by public employees, or retired public employees, reported to this blogger.
  
County Public Works Allegations - 1) Allegations of Misappropriation/Misuse of County Materials and Goods have been made by a 26 year employee recently retired. Emails, photos and witnesses have been provided. 2) Allegations of unfair treatment to personnel and inappropriate personnel advancements of Public Works Personnel have been made. 3) Allegation of wrongful times and weights regarding FEMA cleanup as to reimbursements. 

I have discussed this issue with the Chair of the Commission Tim Guffey. Chairperson Guffey stated to me he has an Open Door Policy, Guffey stated:  "Any employee may discuss concerns with me and I will not tolerate any supervisor preventing a concerned employee from discussing issues with me." Mr. Guffey further stated it was his observation this was a disgruntled employee, I reminded Mr. Guffey this was a 26 year experienced employee. 

 I was scheduled today, Tuesday, July 9 at 9AM to meet with Chairperson Guffey and Mr. Jonathan Campbell, Engineer and Director of Public Works; this appointment was cancelled, there was an emergency in public works, according to commission officials, the appointment will be rescheduled stated the commission official. (The appointment is scheduled for 9AM Thursday July 11, 2019. See above, regarding the meeting.)

Jackson County Commission Budget
According to the commission chair and county administrator the county commissions general fund budget is operating in a $623,574.00 budget deficit. However, when asked about this deficit situation approximately 6o days prior, I was informed the commission had transferred approximately $1 million dollars from a road and bridge account, according to the Commission Chair Tim Guffey and County Administrator Bob Manning, this transfer of funds between accounts is allowed. Funds from this transfer is keeping the General Fund Budget afloat, which includes salaries.

2018-2019 Budget Document supplied to media on July 8, 2019
(Click on image for an expanded view.)


BUDGET HEARING
Scottsboro, Alabama - May 29, 2019 Jackson County Commission Budget Hearing. Guffey makes critical communications error regarding the county budget crisis.

Jackson County Commission Chair accuses Jackson County Legislative Delegation of ". . .lies and fabrications. . .Delegation has chose to do nothing," states Jackson County Commission Chairperson Tim Guffey regarding Jackson County's General Fund budget crisis. Video segment of this error in judgement and communications failure may be seen at 44 min.15 sec. to 46 min. 33 sec. in the budget hearing video below. 

After inquiry into this matter, the accusations by Commission Chair Guffey regarding the legislative delegation, quote: ". . .lies and fabrications. . .Delegation has chose to do nothing," are not factual. Further, it is my observations on this and other matters regarding the Chair of the Jackson County Commission, that his communicative style is that of a bully, when disagreement is stated to Guffey's position or decision making.

Later in the video the term "allocation" is utilized, two commissioners stated it is the responsibility of the Legislative Delegation to allocate funds to the commission. Funds allocation is determined by law or the Alabama Constitution in regards to the Legislative Delegation. Another definition is required - "Allocate" - a verb - distribute (resources or duties) for a particular purpose.
It is your responsibility commissioners of Jackson County to distribute funds for Jackson County; i.e. Commission's General fund, and other county fund sites, and county subordinate agencies, not the Legislative Delegation except as determined by law.

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