Jackson County Courthouse (photo by G. Morgan)
Open government is the governing doctrine which holds that citizens have the right to access the documents and proceedings of the government to allow for effective public oversight. In its broadest construction, it opposes reason of state and other considerations, which have tended to legitimize extensive state secrecy. The origins of open-government arguments can be dated to the time of the European Age of Enlightenment, during which philosophers debated the proper construction of a then nascent democratic society. It is also increasingly being associated with the concept of democratic reform. ( wiki reference - https://en.wikipedia.org/wiki/Open_government )
Complaint to the Jackson County District Attorney - Jackson County Commission's Violation of the Alabama Open Meetings Act and Failure to Provide Notice of a Deliberative Meeting of a Quorum of the Commission.
To: Jackson County District Attorney
Attn: The Honorable Jason Pierce
P.O. Box 923
Scottsboro, Alabama 35768
From: Garry L. Morgan
P.O. Box 241
Scottsboro, Alabama 35768
Subject: Complaint – Jackson County Commission - Violation
of the Alabama Open Meetings Law, Code of Alabama 36-25A-1 and Code of Alabama
11-3-8, County Commission Meeting Notice Requirements.
Complaint: On or about June 10, 2020 the Jackson County
Commission, with a quorum of commissioners present, Commission Chair Tim Guffey
was absent, met with the Jackson County Legislative Delegation for the purpose
of raising taxes in Jackson County Alabama. This was a Deliberative
Session of the commission, the issue will come before the commission at a later
date. The deliberative meeting is a violation of the Code of Alabama 36-25A-1,
Open Meetings Law and Code of Alabama 11-3-8, County Commission Meeting Notice
Requirements. Reference Facebook Commission Meeting Video on June 15, 2020 this
video includes a listing of the items deliberated upon and the commissioner’s
positions at the secret meeting on or about June 10, 2020 with the Legislative
Delegation:
https://www.facebook.com/watch/live/?v=253370405960197&ref=watch_permalink
Discussion: The Jackson County Commission does not have
the authority to raise taxes, this issue must be brought before the Alabama
Legislature, the Commission deliberated on or about June 10, 2020 with the
Legislative Delegation for the purpose of raising taxes. An issue which will
come before the commission at a later date. This meeting was a deliberation, it
went beyond the context of the Open Meetings Law of the State of Alabama
allowing for the "seeking of support or information about an issue;"
reference definition of Meeting in (6) b 2, Act 2015-475, Open Meetings in
Alabama. The commission is attempting to raise taxes, there must not be
any secretive dealings regarding this issue, this is the citizens business, all
deliberations must be conducted in the open, thus the purpose of our Open
Meetings Law. Please, do not misunderstand, I am in support of the commissions
attempt to raise revenue, the issue is how the commission is conducting their
business regarding the raising of revenue via taxes. It is imperative that the
Jackson County Commission and the Legislative Delegation be transparent and
open in all phases of this issue, secrecy defeats the purpose of OPEN,
TRANSPARENT Government and our laws regarding this issue.
This is not the first time the commission has held, or
attempted to hold, a secretive meeting with the Legislative Delegation in
reference to deliberations to raise taxes in Jackson County, reference You Tube
Video, April 1 2019:
https://youtu.be/f48vGsHGkQc I happen to overhear the 2019 meeting plan
being discussed. I was the only media person in attendance at that meeting as
there was no prior notice. My article regarding this meeting and the full video
of the meeting and commission meeting involving these issues may be found at
https://arklite.blogspot.com/2019/04/jackson-county-commission-work-session.html
ACCA’s comments on deliberations, page 7 of their primer
on Open Meetings: “Because the issue of “deliberation” is at the heart of
determining when social or other “gatherings” turn into “meetings”, it is
important to closely examine the definition of “deliberation” found in Ala.
Code § 36-25A-2(1):
“An exchange of information or ideas among a quorum of
members of a subcommittee, committee, or full governmental body intended to
arrive at or influence a decision as to how any members of the subcommittee,
committee, or full governmental body should vote on a specific matter that, at
the time of the exchange, the participating members expect to come before the
subcommittee, committee, or full body immediately following the discussion or
at a later time.”
The meeting between the Legislative Delegation and a
quorum of the Jackson County Commission should have been declared a Special
Meeting. ACCA’s descriptive, page 12: “Special Meetings -
Special meetings of the commission can be called with
five days notice upon written request of a majority of the members of the
county commission. As required in § 11-3-8, the time, date and location of the
special meeting along with the “purpose for and agenda of the meeting” must be
posted in the courthouse at least five days before the meeting. The commission
must notify the members of the media who have filed a written request with the
commission for such notification.” No members of the media were notified of the
commission’s planned and called meeting on or about June 10, 2020.
Enforcement of the Open Meetings Law (ACCA Primer, page
41): “Ala. Code §36-25A-9(a) states that the Open Meetings Law “is designed and
intended to hold members of governmental bodies, and the bodies themselves,
accountable to the public for violations of [the law].” The enforcement
provisions of the law provide the means to accomplish these goals. The law was
amended in 2015, in part to strengthen and clarify some of the enforcement
provisions of the law. See Act 2015-340.” The District Attorney may bring
action to resolve the problem as outlined in the code.
Requested Action of the Jackson County Alabama District Attorney
(per AL Code § 36-25A-9 (2018): I, Garry L. Morgan, respectfully request that
your office bring an action, suit, injunction, to insure the Jackson County
Commission does not hold secretive, deliberative sessions with the Jackson
County Legislative Delegation when such issues involve raising taxes and will come
before the deliberative body of the commission at a later date. The purpose of
Alabama’s Open Meeting’s Law is to insure a transparent, open government in their
deliberations and motives. Particularly when an issue comes before the Commission
and our local Legislative Delegation effecting all of the citizens of Jackson County
in relationship to raising tax revenue for the operations of our county. Additionally,
I do not believe there is an official record of this meeting.
Garry L. Morgan
RECEIPT of Certified Mailing
Jackson County District Attorney's Reply to my Complaint
(Click on image for an expanded view.)
Bottom Line - Jackson County District Attorney says this meeting did not violate state law regarding open meetings. Quote: ". . . it was not definitionally a meeting. . ." Reference Slagel vs. Ross, 125 So. 3d 117 (Ala 2012)
