June 14, 2021 - Scottsboro, Alabama - Jackson County Commission Meeting - Regular Session and Work Session - Filthy Drinking Water Problems - EMA, County Emergency Communications Problems - Open Meetings Issue and Proprietary Information

 

Jackson County Courthouse, north entrance.  photo by G. Morgan

AGENDA

Link: https://www.jacksoncountyal.gov/AgendaCenter/ViewFile/Agenda/_06142021-140

Issues: 1) Concerned Citizens presentation  about Filthy Drinking Water; 2) Problematic emergency communications system; 3) Improvements on county roads system, see 4 below. 

Issue #4 requires a separate space -  Once again, information is presented in the OPEN MEETING that the engineer requests diagrams and photos not be revealed.

If there is proprietary information which should not be presented in the open meeting, why not place the confidential information in a presentation document/booklet/folder for the commissioners. Apparently the Alabama Open Meetings law takes a back seat to the ridiculous notions of the county engineer in violation of law. Worse, the commissioners and the county attorney fails to remind all involved of the open meetings law. You display a project in an open meeting it is apt to be recorded and placed forward in any and all reporting concerning the open meeting.

The county engineer's presentation and grandstanding of nearly an hour is ridiculous. All that is needed is a summary and all other specifics should be placed in a folder or document for each commissioner to review prior to the meeting, just as the proprietary information should have been placed into a folder for review, commissioner questions could be asked after the engineers summary presentation. Unless there is another problem related to laziness?

In another matter, in this meeting we discover Mr. Venable has been having discussions with private individuals regarding grant availability connected to private property purchases near or in Hytop, Al. for recreation purposes related to the Walls of Jericho. Since when is a county commissioner authorized to act as a special interest representative for real estate transactions involving private parties outside of commission approval? This item has not been presented before the commission previously, however Venable and others have begin project planning and conducting inquiries as to property purchases utilizing State/Federal and local dollars.

Association of County Commissions of Alabama, ACCA, guide regarding open meetings process, some need to review. https://www.alabamacounties.org/resources/open-meetings/

Jackson County Commission Video Link on Facebook: https://www.facebook.com/watch/live/?v=950018682519961&ref=watch_permalink 

Scottsboro, Alabama - June 22, 2020 - 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

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 )

ACCA, Association of County Commissions of Alabama, Primer for Counties regarding Alabama’s Open Meeting Law. Link: http://www.alabamacounties.org/wp-content/uploads/2017/02/Open-Meetings-Law-Primer_rv.pdf  

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.

The commission admits their deliberations with a quorum of the commission present (Facebook video linked above). Of note is the ACCA, Association of County Commissions of Alabama, Primer for Counties regarding Alabama’s Open Meeting Law, this will be included in the discussion below. Link: http://www.alabamacounties.org/wp-content/uploads/2017/02/Open-Meetings-Law

-Primer_rv.pdf  

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

WHNT News Coverage link: https://whnt.com/news/northeast-alabama/scottsboro-man-files-complaint-against-jackson-county-commission/

Jackson County District Attorney's Reply to my Complaint

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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)

HISTORY - Over 12 years of Jackson County Legislative Delegation's interactions and documentation with local government entities and citizen groups in support of OPEN GOVERNMENT, and at times, questionable actions.    https://arklite.blogspot.com/search/label/Jackson%20County%20Legislative%20Delegation

Scottsboro, Alabama - June 15, 2020 - Jackson County Commission Meeting, Agenda Item 1 - Raising of Taxes, Violation of the Open Meetings Act

Jackson county Commission Work Session June 15, 2020 (Excerpt photo by G. Morgan from the County Commissions Facebook video - Fair Use for Non-Profit news reporting and commentary.)

Many thanks for the Jackson county Commissions live Facebook postings, this gives the citizens of Jackson County the ability to watch the meeting video at a later time or date for those citizens who can’t be present. 

Scottsboro, Alabama - June 15, 2020 - Violation of the Alabama Open Meetings Act per admission, agenda item 1. A Quorum of the Jackson County Commission met with the Jackson County Legislative Delegation on or about June 10, 2020 to discuss and plan a scheme to raise taxes in Jackson County Alabama, this issue will be deliberated before the Jackson County Commission at a later date. The citizens nor the press were informed of this secret meeting. This is not the first time this commission has planned such secret meetings to discuss tax increases in violation of Alabama's Open Meetings Laws. In my opinion, the commissions actions reflect a violation of law and political obligations. This video is an excerpt of the Jackson County Commission's Work Session meeting on June 15, 2020, agenda item 1, approximately 44 minutes in length with 3 minutes of my commentary. Commission Video on Facebook link: https://www.facebook.com/JCCommissionAL/videos/253370405960197/?epa=SEARCH_BOX

June 15, 2020 -DISCUSSION ITEMS FOR COMMISSION –

1) POTENTIAL SPECIAL SESSION

2) LICENSE INSPECTOR / FLOODPLAIN MANAGER

3) COUNTY VEHICLE POLICY

4) MOU WITH BUCK’S POCKET STATE PARK

5) EMA SURPLUS TAHOE

6) CARES ACT RESOLUTION FOR TRANSPORTATION (5311)

7) PARKS DEPARTMENT:

---a. CAMP & BOAT RENT RATE

---b. CABIN LAUNDRY

---c. CABIN CLEANING CONTRACT

---d. RESIDENTIAL CONTRACT FOR NSM PARK

It was by chance last year, after overhearing a discussion that the commission was going to meet with the delegation to discuss this same issue, where a quorum was present, the issue was to come before the commission at a later date, which I videoed that meeting with our delegation, the public nor media were informed of that planned secret meeting. Article with video: https://arklite.blogspot.com/2019/04/jackson-county-commission-work-session.html Failing to involve the citizenry in the meeting with OUR elected delegation members (they are not a political caucus) is a serious and critical error, politically and legally, in my opinion. Please follow the law on this issue: Alabama Act 2015-475: https://openmeetings.alabama.gov/generalpublic/downloads/Act2015-475.pdf 

VIDEO EXCERPT Agenda Item 1

Scottsboro, Alabama - February 10, 2020 - Jackson County Commission Regular Session - County Road 17 Repair Secrets - More on the Secret Road Repair, Behind the Cardboard

Jackson County Courthouse, north side, Photo by G. Morgan

AGENDA

Public roads are not Intellectual Property, nor is there an expectation to protect  intellectual property when there is a disclosure or required disclosure at a public meeting. Link from University of Pittsburgh regarding Intellectual Property Rights:   https://www.innovation.pitt.edu/resources/intellectual-property-overview/intellectual-property/ 

More on the hiding of CR 17 repairs and public disclosure in an open meeting.

Behind the Cardboard - Secret Road Repair

VIDEO of MEETING

Commission Facebook live recording:   https://www.facebook.com/JCCommissionAL/videos/656505908444147/?epa=SEARCH_BOX

Scottsboro, Alabama - January 27, 2020 - Jackson County Commission Regular Session - Claim of Intellectual Property Regarding Contractor Plans to Rebuild County Road 17 - UPDATES - January 28, 2020 - Jackson County Park Marina Dock Fire and Open Meetings Issue, Intimidation

Jackson County Courthouse, North Entrance, photo by G. Morgan

AGENDA

Commission Chair Tim Guffey opened with statement regarding the early morning fire at the Jackson County Park Marina which killed 8 and injured several. WHNT TV Link about the fire - https://whnt.com/2020/01/27/crews-respond-to-fire-at-jackson-county-park-in-scottsboro/

UPDATE - May God Bless the families of those now deceased in the tragic event early yesterday morning. Action must be accomplished to insure there are inspections of Marina's and Boat docks regarding this issue. WHNT TV report link https://whnt.com/2020/01/27/few-regulations-oversee-condition-of-boat-docks-in-alabama/

REGARDING FIRE PROTECTION AND INSPECTIONS OF MARINAS, SUCH AS THE JACKSON COUNTY PARK MARINA AND THE GOOSEPOND COLONY MARINA

Link to appropriate regulation and law. U.S. Coast Guard and the TVA are part of enforcement of this requirement.  "Guidelines for the Safe Operation and Maintenance of Marinas by the National Water Safety Congress."  Note Section 5 of the regulation; quote -  "5.11 Local fire department personnel should be invited to inspect the facility with special emphasis on access to different areas of the marina in order to fight a fire." A public records request was submitted to the City of Scottsboro Fire Department and Mayor regarding Marina Inspection Records. I inquired about this request at last nights City Council meeting, responsible officials reply was, there have been no inspections of the facility by the Scottsboro Fire Department. Further comment revealed that we have no authority to inspect. nor has there been a request to inspect as suggested by 5.11 in the listed appropriate regulation linked.   https://www.usace.army.mil/Portals/2/docs/civilworks/recreation/Water_Safety/tools/guidelines_safe_operation_maint_marinas.pdf?ver=2016-07-25-130937-857 

VIDEO

OPEN MEETINGS ISSUE, INTIMIDATION ATTEMPT, WHEN ARE SECRETS, SECRET - INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION DISPLAYED IN A PUBLIC MEETING - ATTEMPT TO STOP RECORDING INFORMATION PRESENTED VIA INTIMIDATION AND THREATS - SIMPLE SOLUTION NOT CONSIDERED BY EXTREMIST POLITICIAN, LAZINESS OR WHAT??

SITUATION REPORT ON THIS ISSUE - January 27, 2020 – Scottsboro, Alabama Jackson County Commission Meeting – Threat by Public Officials regarding recording of so called Intellectual Property displayed during a public meeting regarding repairing of County Road 17, agenda item 4 on the Commission Agenda (There is no indication on the agenda that the information discussed is proprietary or intellectual property). In the 15 years I have been attending, recording and videoing government meetings of municipal, county, state and federal government public meetings, this is the first time I have heard or seen such shenanigans as displayed by public officials of Jackson County Alabama. However, there have been several attempts to have secret meetings and a failure to post meetings as required by law by the Jackson County Commission over the years, including the current commission.

 Chair of the Commission Tim Guffey interrupts the presentation of the County Engineer in the attempt to stop my videoing of the "SECRET" plans (so called intellectual property) of the county and its contractor regarding the repair of County Road 17 and the expenditure of hundreds of thousands of tax payer dollars. Guffey addresses me personally, which I reply, then I was called "out of order." 

At the break when the commissioners were going into Executive Session, Chair Guffey makes mention to the Chief Deputy to remove me if this occurs again. I asked the Chief Deputy during the break between the Executive Session and reconvening the meeting if he would have arrested me, he stated I was close to being arrested for disorderly conduct.

What should have been a simple matter of obeying the Open Meetings Law of the State of Alabama by public officials now becomes a threat and intimidation perpetrated by public officials to stop the recording of public information in the public venue of an open meeting under the auspices of "intellectual property," a bogus claim during a public meeting.

If the information referenced and displayed in the public meeting was intellectual property it could have been distributed by diagrams to each commissioner and discussed in the meeting. If members of the public or press wanted to request the information discussed a Public Records request could be submitted. For the Chair to act in such a fashion in this instance not only was ridiculous, the end result was that of a threat and intimidation for attempting to follow the Alabama Open Meetings Law and replying to a direct comment made to me by the Commission Chair during the meeting, then directing the Chief Deputy to have me removed if it occurs again. This attempt at intimidation is typical of ideological extremists, in this case an elected public official.

Ladies and Gentleman of Jackson County, know who you are electing before marking your ballot.

VIDEO SEGMENT REGARDING AGENDA ITEM 4

Scottsboro, Alabama April 8, 2019 Scottsboro City Council Regular Session - Update 4-9-19 Public Records Request and Open Meetings Act Concern - Advisory Committees Circumventing the Spirit and Intent of the Alabama Open Meetings Act

Scottsboro City Hall photo by G. Morgan

UPDATE 4-12-19: OPEN MEETINGS REGARDING COMMITTEES

Regarding the Municipal Judge selection in Scottsboro, Alabama. My thoughts regarding Scottsboro City Council's failures regarding this issue in no way is a reflection on the selection of Daryl Eustice as the Municipal Judge, my personal thoughts are that he will make a fine Municipal Judge.

My concern is that of the processes of the Scottsboro City Council in their appointment of Advisory Committees, which in this case appear to circumvent the spirit and intent of the Alabama Open Meetings Act.

It is apparent there is an intentional element of secrecy within the Alabama Open Meetings Act regarding Advisory Committees. Any meeting of a committee appointed by the political body including the chair or president of the political body should be announced and open to the public. That is not the case regarding advisory committees. Advisory Committees allow for no disclosure of the deliberation process, it is my thoughts this goes against the Spirit and Intent of the Alabama Open Meetings Act.

So called Advisory Committees are conducted in secret, this creates room for abuse. Municipal lobby organization input. - The Alabama League of Municipalities: https://www.alalm.org/Assets/Files/LegalServices/OpenMeetingsLaw/Alabama_Open_Meetings_Act_8-31-15.pdf

Huntsville's municipal government has the right idea regarding the selection of Municipal Judges, it is accomplished in open meetings. Scottsboro could easily adopt such policy: https://www.huntsvilleal.gov/wp-content/uploads/2017/07/13.b.MUNICIPAL-JUDGE-SELECTION-PROCEDURE.pdf

UPDATE 4-9-19: Records request, City of Scottsboro, Al.

To date this record request has not been fulfilled. I have been informed by a Public Official there are records relating to this request. Info on this request provided to ACLU Sunshine in Government Program.

 Public Records Request, Dated: 3-19-19

 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.

AGENDA

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Daryl Eustice appointed as Scottsboro Municipal Judge.

Citizen presentation by Garry Morgan regarding committee meetings and the Open Meetings Act. Mr. Kennamer, City Attorney clarified Advisory Committees and Committees appointed by the "Body Politic."

VIDEO

Scottsboro, Alabama - April 1, 2019 - Jackson County Commission Work Session, Unannounced Meeting with Legislative Delegation Regarding Budget Problems and Tax/Revenue Increases - UPDATE - 4-3-19 Looking Back on SPLOST

Jackson County Courthouse, North Side photo by G. Morgan

AGENDA

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Two Minute Video Short Take, Budget Problem

Budget Deficit Issues Cuts in Services

$500,000 to $700,000 budget deficit for Fiscal Budget Year 2020 

Services and Employee cuts

Senior Assistance Programs including Council on Aging and Senior RX Program

Employee Health Insurance

Retiree Health Insurance

Rural Transportation

Cutting Courthouse Hours

Reducing Staff.

Cutting any External Funding Programs (if money is currently received) such as Volunteer Fire Departments, Rescue Squad, Libraries

Approximately $823,000 had to be returned to the County School System. The commission was retaining 5% of the money as a "pass through administrative maintenance fee." 

The County Administrator Bob Manning stated to me in an interview, he believes the county has sufficient funds remaining to see the county through to the end of the current Fiscal Year which ends  September 30, 2019, unless there is another emergency.

State Senator Steve Livingston, Scottsboro, considers presentation by members of the Jackson County Commission

The Jackson County Commission met with the Jackson County Legislative Delegation at 5:30 PM Monday. This was a full meeting of the commission to discuss revenue issues and tax increases, the meeting to discuss the issues was not announced. I asked Commission Chair Tim Guffey after the Commission Work Session meeting if he had met with the Delegation, he stated they were meeting today after the commission meeting. There was no announcement of this meeting either in the earlier commission meeting or posted on the bulletin board where meeting notices are posted. Due to comments within the video it appears there may have been other unannounced meetings between the commission and delegation. 

Today it would have been easy to recess the meeting in the Commission Boardroom and announce they would recall the meeting back to order across the street at the Legislative Delegation Boardroom.

VIDEO 

Overview of County Budget Crisis, Presentation to Legislative Delegation

55% of the General Fund Budget goes to the Jackson County Sheriffs Department and Jail. The Sheriffs Department is requesting the Commission fund more vehicles for the Sheriffs Department. Jackson County, apparently, has no reserve funds.

Video of County Commission Delegation Meeting, some editing to shorten the video, all important context remains.

What is SPLOST? A special-purpose local-option sales tax (SPLOST), this issue was previously defeated in a local Jackson County vote. The local Republican Tea Party group brought in outside anti-tax representatives to conduct a campaign against the measure. Article from 2016 - Chattanooga Times Free Press: https://www.timesfreepress.com/news/local/story/2016/apr/10/jackscounty-november-ballot-could-see-splost/359415/  Looking forward also requires a historical perspective, "In the Boro's" articles on the previous issues regarding SPLOST - https://arklite.blogspot.com/search/label/splost

The GOP in Alabama is willing to support an issue to raise the Gas Tax but not willing to give counties the ability to raise revenue without their express permission? A lack of self governance in Alabama is a hold over from Civil War reconstruction. Maintaining power over the people while deceiving the voters as to the legislators motives.


Video of the Jackson County Commission Work Session, Agenda Above.

Scottsboro, Alabama March 25, 2019 Scottsboro City Council Meeting, Work Session and Regular Session - Committee Appointment for Municipal Judge Selection and More Problems

Scottsboro City Hall, photo by G. Morgan

WORK SESSION AGENDA

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VIDEO for Items 1 and 2 on Work Session Agenda

VIDEO for Items 3 thru 8 on  Work Session Agenda

AGENDA REGULAR SESSION

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Item 1 on Agenda - Scottsboro City Council Reconsiders Previous Decision, Approves County Park Road and Highway 72 Safety Improvement Project. 

Item 2 on Agenda - Stacy Ledwell appointed as Solid Waste director

Item 3 on Agenda - Wayne Moore appointed as Street Department Director

Item 4 on Agenda - Approval of a $4.5 million dollar bond issue.

Item 5 on Agenda - Cloverdale Rd. Property sale to highest bidder, Bobby Womack for $16,500

Item 6 on Agenda - Parks Ave Bridge renovation/construction bid awarded to Lambert Construction as lowest bidder, $517,850.00

Item 7 on Agenda - On call Asphalt Paving bid awarded to Wiregrass Construction as lowest bidder.

Item 8 on Agenda - Budget Amendment for funds moved to Chamber of Commerce for $2300.00

MUNICIPAL JUDGE SELECTION

Agenda Item 4, Regular Session Cancelled, appointment of Municipal Judge - Council President Patrick Stewart appointed a Municipal Judge Selection Committee, the following elected and appointed officials are on the Committee per Council President's instructions: Mayor Shelton, Council Member Ashburn, Council Member Bailey, Human Resource Management Director Erin Green.  (19min 7sec in the below Regular Session Video)

Of note on this Committee selection is the Alabama Open Meetings Act, Code of Alabama 36-25A-1 (link: https://codes.findlaw.com/al/title-36-public-officers-and-employees/al-code-sect-36-25a-1.html ) and 36-25A-2 (link: https://codes.findlaw.com/al/title-36-public-officers-and-employees/al-code-sect-36-25a-2.html ); the Alabama Open Meetings Act is very specific as to committees and open meetings. 

The selection of the Municipal Court Judge is of great Public Interest, so is the City of Scottsboro's process of selection of this important position. Information has been received regarding attempted outside influences regarding the Municipal Judge Selection. 

There has also been a reply from the City Clerk of Scottsboro, via email, as to my request to be notified of the Municipal Judge Selection Committee meeting date, time and place: Quote - "There is no meeting. Patrick formed a committee consisting of 2 council members to setup interviews with the applicants to make a recommendation at the special called council meeting immediately following the work session on Monday April 1." 

My Reply to the City Clerk: "You might want to receive advice from Mr. Kennamer (city attorney) on this matter, "committee meetings" fall under the purview of the Open Meetings Act. If the City of Scottsboro, or official representatives, fail to follow the Alabama Open Meetings Act - specifically, Code of Alabama 36-25A-1, 36-25A-2 defines "Committees," may have adverse effects on any decision made outside of the legal requirements of the law.  This issue is easily resolved, follow the law."

Secrecy, a lack of disclosure/transparency, plain old bad decision making and alleged violations of law are the reasons the City of Scottsboro has had multiple issues, including a compromise of integrity, within the Municipal Court System of Scottsboro, Alabama.  

VIDEO for Regular Session

Facebook reports live video:   https://www.facebook.com/garry.l.morgan.5/videos/10218493522393051/

Scottsboro, Alabama - March 4, 2019 - Jackson County Commission Work Session, 3 Part Video and Careful of the Pending Resolution, It Is a Tax Increase, or an Attempt to Divert Schools Taxes

North Side of the Jackson County Courthouse, photo by G. Morgan

Agenda (all commissioners approved the agenda)

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1) County Roadside cleanup - Much was discussed involving communities and businesses in the roadside cleanup. Since Jackson County has plenty of money in its General Account, NOT, it was discussed that the county should buy Game Cameras with solar power, cellular modem for communications with the "Cloud." No total number of the camera units were discussed, the high tech cameras would be utilized for catching garbage dumpers. Cost $499.00 per unit, not including labor for installation in an elevated position.

2) The Pending Resolution - There was no description on the agenda of what was pending. It became obvious after a few minutes why there was no description about the issue. Shhh, don't tell, all of this pending is an  attempt to raise taxes, even if it includes taking schools taxes, Commissioners mentioned, they will not miss it if we take the growth increase in schools tax or a small percentage of the tax. 

 New Board Room with video/audio equipment, elevated platform for the Commissioners. A "Pending Resolution," but that is not all for my expressed concern, such as voting on issues during work sessions, even though the item voted on was not on the agenda, not even an emergency declaration. Sitting the rules aside is always an option at the new commission's thrown of secrecy to spend funds, transfer equipment and materials not stated on an agenda or discussed previously. At least not in an open meeting. SHHH, we got secrets.

Beware, hidden in the new thrown chamber are the "tax snakes," some call them "Pending Resolutions." 1/2 CENT TO 1 CENT SALES TAX WAS STATED.

Executive Magazine's "Tax Snakes" illustration - Fair Use for non-profit news reporting and commentary. 

On one hand the commission complains it is in trouble financially due to the flood damage, no doubt repairing the damage will cost the county's citizens near $3 million dollars, according to the county engineer. Unfortunately there is only $2 million in the account to cover costs, according to Mr. Venable. Never fear, we will build a new commission board room, complete with a Commission Chair who doesn't want to clarify the "Pending Resolution" meaning. Which apparently includes taking a portion of the county schools tax. However, only if the commissioners can con the Legislative Delegation into submitting their scheme of the "Pending Resolution" to the state legislature

. 

CLARIFICATION VIDEO -  Schools tax diversion, surely not? 

3 PART VIDEO OF THE COMMISSION MEETING

Part 1 video, there is a suggestion to spend money on Game Cameras, with a cellular connection, cloud storage, and solar power, high expense to deter and photograph trash dumpers; how many cameras? These cameras are $500.00 each, not including the cloud storage capabilities as mentioned in the discussion.


Part 2 "Watch for Snakes," the tax snake. Agenda Item 2, "Pending Resolution." A sneaky way of introducing proposals to increase taxes and/or redistribute taxes from County Education Tax coffers without stating the item on the agenda.


Agenda Item 3) Part 3 video, HRRR, High Risk Rural Roads Safety Project, County Road 77. Jackson County roads damage as a result of flooding, photos of flooding. Description of FEMA requirements and time frames.

Scottsboro, Alabama - February 19, 2019 - Jackson County Commission Work Session - Courthouse Security - Rules Set Aside for Vote, Issue Not on an Agenda - Special Meeting Regarding Voting Precincts

Presiding Circuit Court Judge Jennifer Holt expresses concerns over the Jackson County Commissions lack of concern over Courthouse Security (photo by G. Morgan)

Commissioner Venable, second from right, commented his time was valuable, his work and home time were being negatively impacted by the security meetings. (photo by G. Morgan)

VIDEO - Judge Holt on Courthouse Security

WAFF link regarding the 2006 Jackson County Courthouse shooting.   http://www.waff.com/story/4978730/new-information-in-jackson-county-courthouse-shooting/

Jackson County Sheriff Chuck Phillips comments on Courthouse Security. (photo by G. Morgan)

Jackson County Courthouse Security Meeting Schedule per order for 2019.

Work Session AGENDA February 19, 2019
1) Paint Rock Valley Historical Board to consider use and preservation of the Paint Rock Valley School. Commissioner Sisk mentioned there was not much interest in becoming a board member.

2) Courthouse Security Issue Discussion, see above.

3) Discussion Issue regarding commission revenue options. The Jackson County Commission receives no sales tax revenue. County Sales tax revenue is exclusively for schools, split between county and municipal schools.

Agenda item 4) Not listed -Setting the rules aside - Jackson County Commission Resolution for the Legislative Delegation. Fund 100, Public Works, it was stated that they had a two day notice from State Senator Livingston.  This unlisted voting item was passed by a unanimous vote, no one questioned the validity of the vote.

This is a commission work session, there is no emergency action required or stipulated, there is no Regular or Work Session agenda item regarding Public Works Fund 100. The commission, per county attorney's recommendation, sat the rules aside, which rules or laws  are unknown, for a vote on an issue regarding a legislative action Resolution for the Jackson County Legislative Delegation.

It was stated by the commission chair the resolution was needed in the Alabama Legislature covering Local Public Works Funds, Equipment and Materials described as local Fund 100. There was no notice of action on any agenda although a vote occured. I asked the Chair and the County Attorney why this item was not on the agenda, Mr. Guffey, Commission Chair stated to ask the county attorney, I asked John Porter, Jackson County Attorney why this item was not on the agenda, his comment, "It doesn't have to be on the agenda as the rules are set aside."

Does this mean no item is required to be on an agenda for decision making, the commission may set the rules aside anytime?

Special Meeting Item regarding consolidation of voting precinct locations. Short video of Jackson County District Map. The Voting Registrars Office representative stated that consolidation of Voting Precincts must be accomplished by March 2019, less than 2 weeks.

VIDEO Part 1 of Meeting

VIDEO Part 2 of Meeting - Voting Precinct Reorganization