Jackson County Courthouse, North Entrance, photo by G. Morgan
Article reviewed and edited with changes, on December 27, 2020 and December 29, 2020 - WAAY News Story and Documents added; December 30, 2020 Update and edit, Jan. 7, 2021 Vice-Chair Statement added (7 Updates and edits).
A developing political story and *allegations of unethical/unlawful conduct regarding the Chair of the Jackson County Commission
Tim Guffey, former/current?? Chairperson of the Jackson County Commission. (photo by G. Morgan)
U.S. NEWS AND WORLD REPORT Scottsboro, Al. - December 23, 2020 (AP Wire) "County Commission Chair Quits After Investigation Revealed . . . improper video surveillance at the courthouse in Scottsboro . . . commission voted to accept the resignation [effective immediately] . . . but a statement read during the meeting didn't reveal a reason for his departure."
Special Call Meeting Video at Bottom of Page, with UPDATE 3 - December 22, 2020 - Resignation of Commission Chair Tim Guffey, Vice Chair Assumes Chair Responsibilities Until Alabama Governor Kay Ivey Appoints Replacement
Information Report and Request for Clarification Sent to the Jackson County Commission on Facebook after No-productive Results on Friday, December 18, 2020
Any comment as to the *allegations by Jackson County
employees and Jackson County citizens expressing concerns over audio and video
"spy cameras" being placed in female office spaces and the commission
office by an unknown private contractor?
Information received indicates a referral to ALEA,
Alabama Law Enforcement Agency, for investigation of this or other matters. The
*allegations claim involvement of Commission Chair Tim Guffey, an elected
public official.
Answer to inquiry from the Jackson County Commission on Facebook, quote: "Please refer all questions to the County Attorney, John Porter 256-574-5156"
So there is no confusion, I'm reporting to the Jackson
County Commission information I'm receiving, and requesting clarification about
these serious matters for the purpose of transparency and either confirming
*allegations or dispelling rumors. My visit to the Jackson County Commission
office Friday, Dec. 18, 2020 produced no comprehensive results or
clarifications other than referring to the notice of the Special Call Meeting
referenced above. *(Allegation definition - a statement, made without giving
proof, that someone has done something wrong or illegal: Cambridge English
Dictionary)
UPDATE - DECEMBER 21, 2020
PRESS RELEASE – DECEMBER
21, 2020
Jackson County Commission
The four District
Commissioners of the Jackson County Commission have been advised that an
investigation is underway by the Alabama Law Enforcement Agency involving an
allegation of inappropriate surveillance of a Jackson County Employee at the Jackson
County Courthouse. The Commissioners take this allegation very seriously
and are providing full cooperation with the investigation. As part of the Courthouse
Security Plan, after several serious incidents at the Courthouse involving
firearms, a number of surveillance cameras and sound systems were installed in
public locations and common areas at the Courthouse. The camera at the secured
entrance to the Courthouse proved invaluable in determining the sequence
of events that led to a Sheriff’s Deputy having to use his firearm to defend
himself against an aggressive armed patron. Neither these
Commissioners nor the Courthouse Security Committee were aware of the placement of
the particular camera involved in the present investigation. The
Commissioners first became aware of the location of this camera on Tuesday,
December 15 and took steps the same day to have the devise removed. Until the
investigation is complete, the Commissioners will have no comment on whether or not
the installation of this camera was warranted for legitimate security
purposes.
UPDATE 3 - DECEMBER 22, 2020 - ANALYSIS OF PRESS RELEASE
RED HERRING ISSUES - SUBTERUGE REGARDING SECURITY CAMERAS AND LAW ENFORCEMENT'S RIGHT TO DEFEND THEMSELVES FROM A GUNMAN
Red Herring image from blacklabellogic.com, fair use for non-profit news reporting, commentary and education
The Press Release is deceptive. The cameras and monitors related to the Jackson County Courthouse security, safety and law enforcement defending themselves have no bearing on the alleged misconduct or criminal conduct of an elected public official in this case, allegedly utilizing a "spy camera" and a computer interface to "observe" female employees. The escort of a female employee off of the Jackson County Courthouse property last week is related, according to Jackson County employee sources. This issue involves sexual harassment, creation of a hostile work environment, and alleged criminal conduct. A criminal investigation is necessary, a coverup or deception is inappropriate and not conducive to being a good steward of our resources for the county's citizens, and maintaining a professional, effective county government work environment.
There are other relative issues which must not be overlooked. 1) Security - The entire Jackson County Courthouse should be "swept" for eaves dropping devices, "spy cameras," audio listening devices; all computer equipment should be inspected for malware, spyware, hacked audio-video interfaces on installed computer systems, to include "program shells" or interfaces designed for eavesdropping. If the suspected party is spying on one, was he spying on others? Who installed the mysterious "spy camera," who paid for the eavesdropping equipment, who owns the equipment??? Responsible public officials, do you know for a fact that other "spy cameras" or interfaces do not exist? Questions which require answers and elimination of the risk regarding unknown audio/video recording equipment, "spy cameras," computer interfaces or malware. This deceptive "Press Release" does not help matters.
2) Sexual Harassment/Creation of a Hostile Work Environment. Every female employee should be professionally interviewed to determine if sexual harassment, inappropriate sexual advances and/or sexual misconduct occurred between one or more elected officials and employed/appointed female personnel. According to Jackson County employee reports, the dismissal of the female employee last week, escorted off of courthouse property, is related to the current situation and pending investigation. How much will sexual harassment and creation of a hostile work environment cost the citizens of Jackson County? How many more alleged sexual trysts or acts of jealousy are occurring, or have occurred, as a result of public officials misconduct in OUR courthouse??
UPDATE 2 - DECEMBER 21, 2020 - Local and Regional News Stories Regarding Inappropriate Surveillance of Courthouse Employee(s)
"In the Boro" - My video of this event, after meeting chat and interview attempts at bottom of page.
Jackson County Commission's Live Facebook Video of Guffey Resignation Meeting- https://www.facebook.com/JCCommissionAL/videos/734286453859622
Scottsboro, Al.The Clarion: https://www.theclarion.org/?p=3764&fbclid=IwAR3Y9DaycEy9wA98RaBybxj5uXdqqLxCJm5eCwO6OIWh0FaHglgqDQf9W9o
Clarions Story on Facebook Link- https://www.facebook.com/theclarionnewspaper
Scottsboro, Al. Jackson County Sentinel: http://jcsentinel.com/feature_story/article_e67f858a-43cc-11eb-ac4b-abe3c70fdfc6.html?fbclid=IwAR21ZdV_G2U4u6bVyp-gZnYfJ0NPs1e4XZF91v_7Yon7KCVnj77VljzIbqA
Sentinel's Facebook Video link: https://www.facebook.com/jcsentinel/videos/832239754017268
WAFF-TV News, Huntsville, Al: https://www.waff.com/2020/12/21/district-commissioners-announce-inappropriate-surveillance-allegation-investigation-jackson-county-employee/
Guffey Resigns- https://www.waff.com/2020/12/22/jackson-county-chairman-resigns/
WAAY-TV News, Huntsville, Al: https://www.waaytv.com/content/news/State-investigating-inappropriate-surveillance-claim-at-Jackson-County-Courthouse-573448161.html
Guffey Resigns- https://www.waaytv.com/content/news/Jackson-County-Commission-chairman-resigns-573459881.html
Story by WAAY News, Press Release and Guffey's Resignation - https://www.waaytv.com/content/news/Jackson-County-Commission-chairman-resigns-573459881.html
WHNT-TV News, Huntsville, Al: https://whnt.com/news/state-investigating-allegations-of-inappropriate-surveillance-at-jackson-county-courthouse/
Guffey Resigns- https://whnt.com/news/northeast-alabama/jackson-county-commission-chairman-resigns/
Al.Com By Ben Benton Chattanooga Times Free Press, (TNS) Tribune Media Services https://www.al.com/news/2020/12/alabama-investigating-secret-surveillance-of-courthouse-employee.html
UDATE 4 - December 23, 2020 - Another deceptive Press Release (image below)
From the Comptrollers Office State of Alabama - 0100 Chart of Accounts
23 - Administrative Leave - Salaries and wages for an employee while on approved administrative leave.
Posted to Jackson county Commission’s Facebook site in
reply to their Press Release of December 23, 2020, image posted below. Mr.
Guffey is an elected political official who has resigned "effective immediately" and approved by the Jackson County Commission by
unanimous vote. Guffey is not an employee and there was no approval for
administrative leave.
Guffey's alleged resignation letter (image below) does not coincide with the statement made by the Commission Vice Chair, Guffey's resignation "effective immediately," was approved by the commission. Jackson County Commission's live streamed
video, an official record of the meeting, at approximately 1 minute 45 seconds,
and recorded by multiple press and media entities (linked above), statement of Vice Chair Jason Venable as to the resignation of Guffey: "The Chairman of the Jackson County Commission has tendered his resignation to Gov. Kay Ivey. Effective *immediately the chairman's duties will end." The read statement goes on further to say: "In order for the administration of the county to continue without interruption, until the Governor appoints a replacement Chair, the functions of the Chairman will be assumed by the Vice Chairman, and we should each pledge both the time and effort to make sure the county offices continue to serve the needs of the citizens until a new chairman can be named." The vote to accept the resignation of Guffey was taken and to appoint the Vice Chair to assume the duties of the chairman until the Governor appoints a new chairman, the vote to accept the resignation "effectively immediately" and appoint the Vice Chair to assume the duties of chairman until Governor Ivey appoints a replacement was unanimous. The resignation effective *immediately does not mean 2 weeks, 4
months or the next election cycle, "*immediately" is NOW, which is the commission meeting after the vote to accept the resignation. At no time did the commission approve Administrative Leave with or without pay as stated in the December 23, 2020 Press Release. The Commission in their vote did not approve the resignation effective date of April 11, 2020. The statement regarding Guffey's resignation was read on December 22, 2020 at approximately 3:30 PM.
Public Officials, if you continue to pay Guffey or
continue any benefits, other than legally accrued benefits which may be cashed
in as allowed by law. You should be asking yourself, are you committing or
conspiring to commit fraud, theft of public funds by deception (Code of Alabama 13A-8-1; 13A-8-2; 13A-8-2.1). Definition of
"immediate"- adjective, Merriam Webster - 1a: occurring, acting, or
accomplished without loss or interval of time : INSTANT. b(1): near to or
related to the present. (2): of or relating to the here and now : CURRENT.
Definition of *"immediately" adverb - 1: without interval of time :
STRAIGHTWAY
(Click on image to expand view.)
Guffey's alleged resignation letter was not read into the record in the meeting and it contradicts the meeting record as stated on video (Guffey's alleged letter of resignation below.). The December 23 Press Release, post Guffey's resignation "Effective Immediately." There was no stated approval in the commission meeting on December 22, 2020 for this alleged resignation saying Guffey will be receiving pay and benefits until April 11, 2021, while sitting at home, there was no approval for administrative leave. If not fraud and theft by deception, as a minimum, commissioners conspired to deceive the citizens of Jackson County Alabama regarding Guffey's resignation. The Press Release on December 23, 2020 is not reflective of the recorded official action stating Guffey's resignation is effective immediately.
Video Short - Effective Immediately Has New Meaning, No Mention, No Statement as to Administrative Leave - Paying Guffey to do nothing for 4 months.
WAFF Interview and link to Guffey's alleged resignation letter. A contradiction from the Jackson County Commission meeting video stating Guffey's ". . . resignation is effective *immediately. . ." NOT APRIL 11, 2021 for medical reasons was not approved or mentioned, commented on in any form or fashion.
Is this a scheme to commit fraud, theft by deception regarding Guffey's pay and benefits?? (Code of Alabama 13A-8-1; 13A-8-2; 13A-8-2.1) The action described in the WAFF News article was not approved by the Jackson County Commission as reflected in the official video of this proceeding. Who prepared the Press Release? Guffey goes home, does no work, and the citizens are going to pay him to do nothing as an elected public official for 4 months. Merry Christmas Citizens of Jackson County - our political officials are now stealing our money right under our noses, and conspire to do so as evidenced in the Press Release and Guffey's statement to WAFF TV News.
The issue with Courthouse Security Cameras goes back to 2009, Ms. Bias was the Commission Chair at that time. Security upgrades were accomplished by Ms. Bias, Commission Chair Hodges and Commission Chair Ashmore. Guffey wanted to hire a private security firm to provide Courthouse Security which was objected to by not only the Security Committee, which included the sitting Judges, Sheriff, Chief Deputy, the Jail Supervisor and other county elected officials, including the Commission, the privatization scheme was rejected.
THE GUFFEY AFFAIR - ETHICS ISSUES, AG OPINION
UPDATE
UPDATE 6 - DECEMBER 30, 2020 - UTILIZING PUBLIC OFFICE FOR PERSONAL GAIN
PERSONAL USE OF OFFICE – Section 36-25-5(a) states:
"No public official or public employee shall use or cause to be used his or her official
position or office to obtain personal gain for himself or herself, or family member of
the public employee or family member of the public official, or any business with
which the person is associated unless the use and gain are otherwise specifically
authorized by law. Personal gain is achieved when the public official, public
employee, or a family member thereof receives, obtains, exerts control over, or
otherwise converts to personal use the object constituting such personal gain.” Take note of (b) and (c) of COA 36-25-5.
There was no approval for administrative or medical leave.
CONFLICT OF INTEREST – Section 36-25-9(c) states:
"No member of any county or municipal agency, board, or commission shall vote or
participate in any matter in which the member or family member of the member
has any financial gain or interest." Guffey can't declare himself on any leave status benefiting himself. There was no approval of administrative or medical leave, by the approval authority, the Jackson County Commission.
When is a resignation effective?
Attorney Generals Opinion: 95-00182 Commission Chair Vacating Office - It appears, that once the governor accepts the resignation the vacancy may be filled. What is the bearing on Guffey's requested resignation date? To remain in office for 4 months once a resignation has been submitted and accepted by the County Commission, to receive pay, is that a conflict of interest, Guffey's self declaration, since there was no approval of administrative leave or medical leave by the Jackson county Commission.
Video of the Tuesday, December 22, 2020 Special Called Commission Meeting.
Resignation Video Short Version - "Effective Immediately" Has New Meaning for Unscrupulous Politicians
