Scottsboro, Alabama - May 5, 2021 - More on the "Guffey Affair" - *** April 30, 2021 - Alabama Department of Examiners of Public Accounts - Special Report on the Jackson County Commission*** UPDATE - May 10, 2021 - Commission Attempts to Censor and Limit Speech on Facebook Regarding Venable Video

Former Commission Chair Tim Guffey, resigned in December 2020 (photo by G. Morgan)

A study of history reveals the coverup of public corruption and/or criminal activity is often worse than the original corrupt or criminal act. When the Jackson County Commission received this official report they had a responsibility to report this to the public, the citizens of Jackson County Alabama, they failed to do so. The report was released officially via the Alabama Department of Public Examiners Friday, April 30, 2021, 5 days ago. Poor judgement on the part of the commissioners in this case is not a criminal act, it certainly is a consideration for the voters of Jackson County come time for reelection

APRIL 30, 2021 - ALABAMA DEPARTMENT OF PUBLIC EXAMINERS SPECIAL REPORT REGARDING NONCOMPLIANCE WITH POLICY AND LAW, MISUSE OF PUBLIC FUNDS VIA ISSUED COUNTY CREDIT CARD INVOLVING THE FORMER JACKSON COUNTY COMMISSION CHAIR, TIM GUFFEY.

SUMMARY

April 30, 2021 -  Quote from the Department of Public Examiners: “Official demand was made on the former Chairman requesting payments totaling $3,918.11."

 The former Chairman failed to appear at a meeting before the Chief Examiner and show just cause why the amounts should not be repaid; therefore, relief is accordingly denied as evidenced by the Order of the Chief Examiner contained in this report. After the Order of the Chief Examiner was issued, the charges were repaid in full. Alabama Department of Public Examiners Report - 21-236 - 04/30/2021 - Jackson County Commission-Special - County Audit - 08/24/2018 to 12/04/2020   LINK TO AUDIT:  https://examiners.alabama.gov/PDFLink.aspx?IDReport=6098

21-236 A -  Department of Examiners of Public Accounts

SUMMARY

Special Report on the Jackson County Commission August 24, 2018 through December 4, 2020 

The Jackson County Commission (the “Commission”) is governed by a five-member body elected by the citizens of Jackson County. The members and administrative personnel in charge of governance of the Commission are listed on Exhibit 1. The Commission is the governmental agency that provides general administration, public safety, construction and maintenance of county roads and bridges, sanitation services, and health and welfare services to the citizens of Jackson County.

This report presents the results of a special examination of the Jackson County Commission and a review of compliance with applicable laws and regulations in accordance with the requirements of the Department of Examiners of Public Accounts under the authority of the Code of Alabama 1975, Section 41-5A-12. We performed an examination of credit card transactions and other expenditures made by the Commission to determine whether inappropriate use of public funds occurred. 

FINDINGS

Instances of noncompliance with state and local laws and regulations and other matters were found during the examination, as shown on the Schedule of Findings and they are summarized below.

♦ 2021-001 relates to the former Commission Chairman’s noncompliance with requirements prescribed by the Chief Examiner of Public Accounts and the county’s travel policy regarding credit card usage and documentation of credit card charges.

♦ 2021-002 relates to the former Commission Chairman’s failure to provide an adequate reason for mileage claimed for travel.

21-236 B  - CHARGES AGAINST OFFICIAL

As reflected on Exhibit 2, the charges against the former Commission Chairman resulted from noncompliance with requirements prescribed by the Chief Examiner of Public Accounts and the county’s travel policy related to credit card usage and documentation of credit card charges, as well as the failure to provide an adequate reason for mileage claimed for travel. Official demand was made on the former Chairman requesting payments totaling $3,918.11.

The former Chairman failed to appear at a meeting before the Chief Examiner and show just cause why the amounts should not be repaid; therefore, relief is accordingly denied as evidenced by the Order of the Chief Examiner contained in this report.  After the Order of the Chief Examiner was issued, the charges were repaid in full.

EXIT CONFERENCE

The Commission members and administrative personnel, as reflected on Exhibit 1, were invited to discuss the results of this report at an exit conference held via teleconference. Individuals in attendance were: Commissioners: Danny Rich and Jason Venable; and Bob Manning, County Administrator. Also, in attendance was a representative from the Department of Examiners of Public Accounts: Dixie Broadwater, Special Projects Manager. The results of this report were also discussed individually via telephone with the former Commission Chairman, Tim Guffey.

NEWS ARTICLES RELATED TO THIS ISSUE

Jackson County Sentinel:     http://jcsentinel.com/feature_story/article_211688d4-ada8-11eb-9d5e-dbf8c9f98ffd.html

WAFF-TV: Former Jackson County Commissioner pays nearly $4,000 back to county for misuse of funds (msn.com)

WHNT-TV: Former Jackson County commission chairman repays county for improper credit card usage | WHNT.com

WAAY-TV: Audit found questionable spending by former Jackson County Commission chairman (waaytv.com)

From the Clarion on Facebook, Statement of Jackson County Commissioner Jason Venable:   https://www.facebook.com/JCCommissionAL/videos/6281725705171203/

May 5, 2021 - "Guffey Affair" - Fair Use Copy of Jackson County Commission Acting Chair Person Jason Venable Video

  Mr. Venable does not accurately portray the seriousness of this event in his statement, Clarion's Facebook link above, and all that surrounds Guffey's resignation. Quote from the Chief Examiner in the audit report: "Instances of noncompliance with state and local laws. . ." The near $4000 of credit card abuse may have been repaid; who repaid the tax payers of the county for the auditors cost ($5,000-$10,000 maybe more), who has repaid the county for Guffey setting at home doing nothing for 4 months, December 2020 thru April 2021, at tax payers expense, approximately $19,000, per commission approval, for his alleged illegal and unethical behavior regarding sexual harassment and creation of a hostile work environment, including alleged criminal behavior investigated by state law enforcement investigators? What is the outcome of that investigation?  What type of actions is the county taking to insure sexual discrimination and creation of a hostile work environment will not reoccur?

COMMISSION ATTEMPTS TO LIMIT AND CENSOR SPEECH RELATED TO THE GUFFEY AFFAIR AND ACTING CHAIR JASON VENABLE'S VIDEO OF SPECIAL REPORT AUDIT

Photo capture on Jackson County Commissions Facebook site by G. Morgan. Identifying names removed. (Click on image to expand.)

Jackson County Commission attempts to limit and censor citizen speech relating to Commissioner Venable's questionable comments, discussed below, via a video he posted on the Jackson County Commission's Facebook site regarding the recent State of Alabama Department of Public Examiners Audit disclosure of former Commission Chair Guffey's misuse of county funds.

Unfortunately, the Jackson County Commission has placed this notice to the video posting of Mr. Venable on the Commission's Facebook Page, quote: ->"JACKSON COUNTY COMMISSION LIMITED WHO CAN COMMENT ON THIS POST." <-

Commissioners, you are the stewards of the citizens of Jackson County Alabama. You have no right to limit the comments or censor speech from one or more citizens, unless it is a threat or violates law. Your page on Facebook is the Public Square and a Public Forum of the government entity.

The citizenry, whom you work for have every right to express their discontent or dissent with your actions. Including those actions when placed on a public forum, such as the Jackson County Commission's Facebook site. The limitation of speech regarding your actions are directly violating the Constitution of the State of Alabama, and your oath of office.

Quote: "Alabama Constitution - SECTION 4

Freedom of speech and press.

That no law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty."

The Guffey Affair:     https://arklite.blogspot.com/search/label/Guffey%20Affair

 

Scottsboro City Council, Regular Session - City of Scottsboro Violates Alabama Constitution, Article 1, Section 3 - August 8, 2016

Scottsboro City Hall, photo by G. Morgan

Riverside Church, building owned by the City of Scottsboro, leased to the church for $250.00 per month. Google Earth Image, Fair Use for non-profit news reporting and commentary.  Link to previous blog article: City of Scottsboro Property Management Issue – Clouding the Separation of Church and State by Scottsboro City Government - http://arklite.blogspot.com/2016/08/why-city-of-scottsboro-should-not-be.html 

THE ISSUE

Riverside Church (the old Rec-Com building) – The church at its current location, according to church officials, has been holding worship services there since 2008. In March of 2011 the City Council of Scottsboro, Al. approved a $65,000 expenditure for a metal roof and air conditioning for the church. The lease was recently extended in May of 2016 for 10 years at the same monthly cost of $250.00, payable to the City of Scottsboro. Compare that with the $3000 per month the City of Scottsboro charges the Scottsboro Municipal Court for it’s so called lease (according to the Scottsboro Magistrate’s Office).

Alabama Constitution, Article 1, Section 3

“That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship; nor to pay any tithes, taxes, or other rate for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust under this state; and that the civil rights, privileges, and capacities of any citizen shall not be in any manner affected by his religious principles.”

In March 2011 the City Council of Scottsboro, Alabama approved replacing a roof and air-conditioning unit for the Riverside Church, property owned by the City of Scottsboro and leased to the church for a small amount of money. “…that no one shall be compelled by law to…pay…for repairing any place of worship.” Excerpt from the Alabama Constitution, Article 1, Section 3.

Constitution of the United States, Article 1, Establishment Clause

The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion. (ACLU position)

The Lemon Test (Supreme Court of the U.S. in Lemon vs Kurtzman)

Government action violates the Establishment Clause unless it:

1. Has a significant secular (i.e., non-religious) purpose,

2. Does not have the primary effect of advancing or inhibiting religion, and

3. Does not foster excessive entanglement between government and religion.

(Not all justices agree with every aspect of this test. However, it is the prevailing test of whether there is a violation of the Establishment Clause of the Constitution.)

AGENDA

VIDEO

SCOTTSBORO WS&G BOARD DIRECTOR'S STATEMENT REGARDING  LEGAL ACTION FROM THE ALABAMA ATTORNEY GENERAL REGARDING SEWAGE
Statement by the Director of the Scottsboro Water Sewer and Gas Board  regarding the Alabama Attorney General's legal action listing the Scottsboro Water Sewer and Gas Board as Defendants, Case # CV900167.00 Filed Aug. 5, 2016 in the Jackson County Circuit Court for violation of the Water Pollution Control Act. “The State Attorney General's Office, along with the Alabama Department of Environmental Management, has filed a complaint in civil court regarding certain violations of the Board's NPDES permit. These self-reported violations primarily occurred during heavy rainfall events that flooded our wastewater collection system. The Board will continue to work closely with ADEM, and our consulting engineers, to make improvements to our system and operate in full compliance of State and Federal regulations.”

Roy Light
Scottsboro WSG