February 15, 2021 - Scottsboro, Alabama - Scottsboro City Council Work Session - Support of Forensic Audit - Issues of Accountability and Disclosure - Records Requests, The Need for a Forensic Audit

 

Scottsboro City Hall, photo by G. Morgan

AGENDA

(Click on image to expand view.)

Support of Council Member Tolliver's Request for a Forensic Audit

Presentation by Garry Morgan, begins at 25 min. and 34 sec. in the video.

Items presented which support forensic audit. Elected Officials, Council Members and the Mayor, were informed I would gladly discuss the general matters mentioned in specific terms with any elected officials interested. I will not make a specific presentation of the items listed due to the good name a character of individuals involved. 

General subject Matter Regarding the Need for a Forensic Audit: 1) Financial Accountability; 2) Property Accountability; 3) Conflicts of Interest, internal and external; 4) Sexual Discrimination; 5) Violation of Civil Rights; 6) Retirement of Financial Director within the next year. This appears to be disputed, however it is my understanding due to a disciplinary action an agreement was made between the former Mayor and the Financial Director that a retirement would be forthcoming in the 2022 year time frame. 

RECORDS REQUESTS - LINKS LISTED TO SPECIFIC ARTICLES

False Allegations, Sexual Harassment, Conspiracy, Investigation by Alabama A.G

https://arklite.blogspot.com/2019/04/scottsboro-alabama-april-22-2019_22.html

Information regarding records request disclosure regarding incident. "Failure to Disclose Records - What is it city officials are attempting to hide?"  https://arklite.blogspot.com/2019/06/sunlight-needed-in-scottsboro-city.html 

Records were not disclosed in violation of law. Other disciplinary actions of City Department Heads have been disclosed, but not this one. There are other incidents related to this disclosure and possible misconduct. For Example: "SCOTTSBORO MUNICIPAL COURT INVESTIGATION - "NO VIOLATIONS" SAYS MUNICIPAL JUDGE AS REPORTED BY THE ALABAMA ATTORNEY GENERAL INVESTIGATORS. ALLEGATIONS OF FALSE STATEMENTS, SEXUAL HARASSMENT AND CREATION OF A HOSTILE WORK ENVIRONMENT AGAINST FEMALE PERSONNEL HAVE NOT BEEN ADDRESSED IN PUBLIC BY CITY OFFICIALS, NOR HAVE CORRECTIVE ACTIONS BEEN DIVULGED OR DISCUSSED BY CITY OFFICIALS TO THE PUBLIC."   https://arklite.blogspot.com/2019/08/scottsboro-alabama-august-19-2019.html 

VIDEO

Two specific public records requests related to the "Wheeler Affair."

Date of Records Request - March 19, 2019

 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 – September 1, 2018 thru March 15, 2019

   **1)   Records Requested:  Consultation Report, Memorandums of Record, Human Resource Management Report from Ms. Hope Hicks, Esq., an Attorney hired to conduct - Inquiry, Findings or Suggestions relating to the Scottsboro Municipal Court and personnel employed by the City of Scottsboro Municipal Court, and/or within the City of Scottsboro as an Employer of employees, as a result of complaints relating to Sexual Harassment, Sexual Discrimination, the Creation of a Hostile Work Environment, or a violation of Civil Rights as it relates to employees of the City of Scottsboro.

   *2)   Records Requested: Complaints of Sexual Harassment, Sexual Discrimination, and Creation of a Hostile Work Environment relating to the Employees of the City of Scottsboro working in the Municipal Court of Scottsboro, Alabama. Complaints made to Mayor, Human Resources Director, and/or the consulting Attorney, Ms. Hope Hicks, Esq., regarding the previously mentioned subject matter.

   **3)   Records Requested: Any Findings, Memorandums, Documents or Reports related to the subject matter requested above, within the date range listed above, including documents from City of Scottsboro’s Mayor, any City Council Member, Human Resource Director, Municipal Court Judge, or Finance Director.

 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. 

*NOTE ABOVE: Item 2 was provided, complaint of Ms. Caroline Starr, Scottsboro city Magistrate. Later documentation from the new Scottsboro Municipal Judge, Honorable Daryl Eustace with comments from the State Attorney General was provided clearing Ms. Starr and other female personnel in the Magistrates Office.) Items 1 and 3 were not provided.

 **After the City of Scottsboro spending $11,000 to pay Ms. Hope Hicks, a private attorney from Montgomery Alabama specializing in Sexual Harassment/Discrimination case law, for an investigation into Sexual Discrimination/Sexual Harassment/Creation of Hostile Work Environment/Violation of Civil Rights, I find it hard to believe that documentation regarding the investigation she conducted, and resulting recommendations, were not available per law of the State of Alabama.

Second Records Request

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. (Ms. Starr cleared per email of Honorable Daryl Eustace regarding finding of the Alabama  A.G.. Ms. Starr's complaint was provided.)

    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.

 --It was confirmed the documents listed in request items 2 and 3 above existed but were not provided in my records request as required per state law. 

Previous Disciplinary Action documents of other department directors were provided. Was there an official reason for not disclosing the records requested in writing as required by the law, i.e. specific legal exemption per law. Inquiries revealed: 1) A cover-up of the events related to sexual discrimination; 2) non-disclosure of secret agreements related to Mr. Wheeler and the City of Scottsboro and 3) Documents related to an investigation, corrective actions recommended, by a hired attorney not disclosed regarding previous records request.

All public records request info: 

https://arklite.blogspot.com/search/label/Public%20Records%20Request