Scottsboro City Council Work Session August 6, 2018 - The Blizzard Saga Continues - Negligent Actions Apparent - Health Issue or Political Extortion Attempt? Mr. Smith Speaks Again, Wants to Remove Mayor from Supervisory Chain - UPDATE: August 7, 2018 - Capital Expense Program Planning, Non-Existent? Equipment Repair Issue, Invoice Listing

Council Member Smith, photo by G. Morgan

AN EXAMINATION OF FAILED LEADERSHIP, NEGLIGENT ACTIONS AND POLITICAL EXTORTION

Council Member Keith Smith stated he wanted to remove the Mayor from the supervisory chain of Mr. Eddie Blizzard, Department Head of Streets and Sanitation Departments. 

Mr. Smith's Comments Video

Mr. Smith may suggest anything as a seated council member, he may not act in violation of the laws of the State of Alabama. It appears there is an intentional effort by Mr. Smith, Mr. Blizzard and outside influences to interfere in the legal day to day operations of the City of Scottsboro in a strange political extortion attempt by removing the Mayor of Scottsboro from supervising the Street Department and Sanitation Department Director/Department Head by attempted improper, if not unlawful action. 

The City of Scottsboro has serious Personnel Policy issues created by past Mayors and City Councils. The current relationship between the current City Council and the Mayor is hampered by the actions of Smith, Blizzard and others who have a misguided, vindictive political agenda. This vindictive agenda does not have the best interests of the Citizens of the City of Scottsboro at heart. 

IMPROPER/ILLEGAL CONDUCT 

Documentation regarding Mr. Eddie Blizzard and Mayors actions. 

(Click on image for an expanded view.)

HEALTH-DISABILITY OR CIRCUMVENTION OF PERSONNEL POLICY, LAW VIA A POLITICAL EXTORTION SCHEME

The sick leave excuse from Mr. Blizzard's attending physician should be called into question, it is not a physician's expertise to state that a hostile working environment is a reason to excuse an employee from work for medical reasons, for an indefinite period of time. The sick leave excuse now appears to be utilized by Blizzard and Smith as an unscrupulous plan to remove the Mayor from Blizzard's supervisory chain. If there is a hostile work environment, as Blizzard and Smith claim, this is a legal/personnel issue and there is no proof offered in the open council meeting that a hostile work environment exists.

Council Member Smith does not seem to realize what the resulting actions would be on the efficient operation of the City of Scottsboro, nor the requirements of law regarding the Mayor's responsibilities, duties, including fiscal responsibilities. The Mayor MUST NOT SET SILENT regarding these wrongful, attempted actions on the part of Blizzard, Smith and other unstated parties.

This question must be asked - Is there a serious medical problem regarding Mr. Blizzard, or is this a political extortion attempt? If Mr. Blizzard is suffering from some sort of stress or Post Traumatic Stress Syndrome (PTSD), shouldn't he be evaluated by a qualified person such as a Psychologist or Psychiatrist, then City Officials or appropriate authorities should consider permanent disability so that Scottsboro may fill the job if there is a true PTSD issue. If the issue is heart related, then a Cardiologist should provide input and permanent Disability should be considered if medical evaluation warrants. Has the Mayor caused this one Department Head all of these problems?

Because of Smith and Blizzard's actions, there should be a large question if Blizzard's problems are medically related or an action of unscrupulous political extortion?

LEAGUE OF MUNICIPALITIES, DUTIES OF MAYOR AND COUNCIL

This article from the Alabama League of Municipalities, The Duties of the Mayor and City Council, very clear and concise duties regarding the Mayor and Council including their relationship as stated by the Code of Alabama (Current Code References listed). http://trussville.org/wp-content/uploads/2016/06/Duties-of-the-Mayor-Council.pdf

UNNAMED SCOTTSBORO OFFICIAL SOURCE REPORT OF MEETING BETWEEN MAYOR SHELTON, MR. BLIZZARD, CITY ATTORNEY AND CITY COUNCIL PRESIDENT

Paraphrased quote from Mr. Blizzard: 'I do not work for you Mayor, I work for the City Council, you can't fire me.' 

FAILED LEADERSHIP AND OVERSIGHT

 It is beyond ridiculous that one person manages the Street and Sanitation Departments. This occurred as a result of unprofessional management practices of the former Mayor, a broken personnel management system, an uninformed City Council, and personal favoritism benefiting an unqualified employee by the former Mayor of Scottsboro. 

The lack of a trained replacement, second in command in the Street and Sanitation Departments separately is a demonstration of a lack of leadership on the Department Head, Mr. Blizzard; fixing long time standing problems with equipment function and breakdown is the responsibility of the Department Head, Mr. Blizzard. The Mayor and City Council are also responsible for this failure of leadership and personnel management.

The failure to provide Capital Expense oversight for equipment replacement and repair is the responsibility of the Department Head, Finance Director, Mayor and City Council.

INVESTIGATION NEEDED

There should be a full investigation by an outside agency to determine if law was violated and-or if  legal/criminal actions should be pursued, and the extent of problems in Scottsboro's Personnel Management which still exist and exasperate the current personnel and legal problem. The investigation should also determine if there is a valid or bogus medical claim regarding Mr. Eddie Blizzard.

Investigation should also include violation of Bid Laws of the State of Alabama. Information has been obtained from a source that the invoices listed below were all on one invoice. It has been reported that a Scottsboro City Official requested the breakup of the invoices so they would not appear to violate the State Bid Law. 

SEPARATE ISSUES - PERSONNEL AND EQUIPMENT REPAIRS

Equipment Repairs 

Five separate invoices with one date - July 17, 2018  All invoices are from one vendor, "Tractor and Equipment Company" of Birmingham Alabama, Decatur, Alabama location. 

1) Invoice W21531 D61EX12 Crawler (Komatsu Bulldozer) Repair - sticking brake; cost $1410.46

2) Invoice W21530 Same Equipment as above, bulldozer - Repair - broken bolts, removal of rock guard and rollers; cost $769.50

3) Invoice W21529 Same equipment as above, bulldozer - Repair - cab air conditioner and heater; cost $8868.47

4) Invoice W21528 Same equipment as above, bulldozer - Repair - radiator, clean, repair, re-core; cost  $9126.92

5) Invoice W21526 Same equipment as above, bulldozer - replace undercarriage; cost  $17,210.49

Total for this equipment repair, a 2006D61EX12 Crawler, Komatsu Bulldozer  - $37,385.84

A similar Komatsu D61  Bulldozer  Fair Use rights for non-profit news and commentary, photo by machinerytrader.com (photo crop by G.Morgan)

Click on image for an expanded view.

Invoice sample, there are 4 more multi-page invoice documents as noted above. Note date and time stamp, they are all the same, also note name as purchase order block.

CAPITAL EXPENSE PLANNING THROWN OUT THE WINDOW?

A question that must be asked, what has happened to the City of Scottsboro's Capital Expense Program planning?

AGENDA

A short Budget Meeting was held after the council meeting, the video will be provided later.

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VIDEO PART 1 OF MEETING

VIDEO PART 2 OF MEETING

Scottsboro, Alabama - July 9, 2018 - Scottsboro City Council Regular Session Vote on Place 1 Replacement - Mr. Smith Discusses Expenditures Regarding Equipment Repair and Replacement, Bid Law Violations? - Update Regarding March 2018 Altercation Between Mr. Eddie Blizzard and Mayor Robin Shelton, Record Request Results

Mr. Smith discusses Sanitation and Street Department equipment repair and purchase expenditures and or proposals. (photo by G. Morgan)

BID LAW VIOLATIONS?

SMITH REPORTED THE FOLLOWING EXPENDITURES OR PROPOSED

1) $32,000 expenditure for bull dozier repair, check cancelled as not budgeted and no approval from city council.

2) Badger Ditch Cleaner, $20,000

3) Track Hoe, $16,000

4) Compactor air conditioner, $7800

5) Dump Truck at Land Fill, 4 wheel drive out for 8-10 years,  $10,000-$12,000

Total - $85,800

The requirement for bidding services, such as repairs, or purchases involves financial amounts over $15,000. Link to bid law,  Code of Alabama 41-16-50 https://codes.findlaw.com/al/title-41-state-government/al-code-sect-41-16-50.html  Also Examiners of Public Accounts, Do's and Don'ts Utilizing Public Funds http://www.examiners.state.al.us/documents/formpub/Dos_and_Donts.pdf

Unfortunately there is much more to this crisis than meets the "public eye." Possible bid law violations is just the tip of the puzzle. I have been having conversations with past Mayors of Scottsboro prior to Mayor Shelton, 16 years, about serious shortcomings in the City of Scottsboro's Personnel Management system, this includes presentations to the City Council. The City Council is just as at fault as Mayors past and present regarding this issue. In this case, as well as the Blizzard issue, it appears there may be an intentional undermining of the Chain of Command at the City of Scottsboro. Instead of working together as a team to manage the City of Scottsboro, professionally, intelligently, and facilitating the principles of leadership and stewardship, there is intentional conflict and undermining of processes. 

If you are a politician in the City of Scottsboro either act professional, do the peoples business, be a leader, work to resolve problems as a team, OR RESIGN. If you are an employee, politically appointed (Which is another problem, unresolved, several of the positions should be classified not appointed.) or classified (hired) follow the rules of the City, quit scheming, or you should expect to be terminated if you are not going to be a team player. The situation regarding Mr. Blizzard is part of the problem.

CITY COUNCIL AND MAYOR - recommendations were made several years ago regarding needed improvements to the Scottsboro Personnel Management System, you have ignored those recommendations. The situation involved the Scottsboro Police Department, Mr. Smith as the Police Chief, Mayor Deason and the alleged improper termination of an employee. A Personnel Management Specialist was hired and gave a report of needed improvements. Instead of making improvements y'all have proceeded on a course of unprofessional conduct which does not have the best interests of the citizens of the City of Scottsboro as first and foremost in your agendas. STOP WITH THE PERSONAL EGOTISTICAL VENDETTAS AGAINST PEOPLE WHO ARE PART OF THE CITY STRUCTURE OF SCOTTSBORO! CITY COUNCIL MEMBERS AND MAYOR, YOU ARE RESPONSIBLE. 

Is it too much to ask for professional conduct on the part of elected leadership??

BE PROFESSIONAL - BE THE TEAM

Stop working against each other.

The Council President, Mr. Tony Wallingsford, Mayor Robin Shelton, and the City Attorney are to meet this week to discuss the issue of inappropriate expenditures. 

VIDEO EXCERPT OF MR. SMITH'S PRESENTATION

                                                   AGENDA

Vote on the Scottsboro City Council for Place 1, vacated when Mrs. Jessica Butler resigned.

Jenna Bell received 2 votes, Mr. Wallingsford and Mr. Gary Stewart

Linda Bray received 2 votes, Mr. Smith and Mr. Patrick Stewart

A Special Call Meeting to be announced for a second vote on July 16, 2018 after the regular scheduled work session meeting.

THE LIST

VIDEO

Records request regarding documented Verbal Warning given to Mr. Eddie Blizzard by Mayor Robin Shelton. There are two items in this document which stand out: 1) Provoking comments documented, quote - Mayor stated - "I apologized for cursing him," 2) and an assault upon the Mayor by a Department Head, Quote from Mayor: "Blizzard said then we will just settle this right now, reached in and grabbed my necktie and started pulling."

Mr. Blizzard refused to sign the warning. H.R. Director Erin Stiles signed, Police Chief Ralph Dawe signed and the Mayor signed.

Also this blog article on the subject: https://arklite.blogspot.com/2018/06/scottsboro-city-council-regular-session_26.html

UPDATE July 2, 2018 : Mr. Blizzard was asked if he wanted to provide a comment regarding this issue or his current status, he stated: "No comment."

                                      

                            DOCUMENTED VERBAL WARNING
                 (Click on image of document for an expanded view.) 

Scottsboro City Council Regular Session, Council Member Smith's Report and Request June 25, 2018 UPDATE - June 27, 2018 What is Work Place Harrassment, Hostile Work Environment as Defined by the Equal Opportunity Commission UPDATE: July 9, 2018 Verbal Warning Documentation from Mayor Shelton Regarding Confrontation

Scottsboro City Hall (photo by G. Morgan)

Council Member Keith Smith discusses Martintown Landfill, bestows accolades on CDG Engineering, engineers for the landfill, and ask Mayor Shelton to "bring back" Mr. Eddie Blizzard, Solid Waste Director and Street Department Superintendent. (photo by G. Morgan)

The Martintown Landfill new permitting is due by July 18, 2018, CDG Engineering assists in that process.

Mr Smith alleged the Mayor had created hostile work conditions for Mr. Blizzard. Smith further claimed that Mr. Blizzard had been placed on Medical Leave due to a heart condition. Mayor Robin Shelton had no comment on the Sick Leave status of Mr. Blizzard. 

It is important to point out that the day to day operations of the City of Scottsboro and the Supervision of the Employees is the responsibility of the Mayor of Scottsboro. As to any story such as this, there are two or more sides to the story. Mr. Smith also indicated Mr. Blizzard had received a reprimand from the Mayor. 

There have been no formal complaints brought forward to the Scottsboro City Council as a body politic as a complaint for action.

DOCUMENTATION OF VERBAL WARNING FROM MAYOR ROBIN SHELTON REGARDING MR. EDDIE BLIZZARD

(Result of Records Request)

Mayor Shelton (photo by G. Morgan)

Mayor Shelton's Verbal Warning Documentation

(Click on image for an expanded view)

Mr. Eddie Blizzard speaking before the Scottsboro City Council (photo by G. Morgan)

There are two items which stands out in this document: 1) Provoking comments documented, quote - Mayor stated - "I apologized for cursing him," 2)  an assault upon the Mayor by a Department Head, Quote from Mayor: "Blizzard said then we will just settle this right now, reached in and grabbed my necktie and started pulling."

Mr. Blizzard refused to sign the warning. H.R. Director Erin Stiles signed, Police Chief Ralph Dawe signed and the Mayor signed.

What is a hostile work environment? The Equal Employment Opportunity Commission, EEOC, defines Creating a Hostile Work Environment as Harassment. The definition as to Federal Guidelines of a Hostile Work Environment are described at this link: https://www.eeoc.gov/laws/types/harassment.cfm

More info on workplace harassment from employment attorneys: ". . . for harassment under a hostile work environment theory, you must show that you were subjected to offensive, unwelcome conduct that was so severe or pervasive that it affected the terms and conditions of your employment. Getting yelled at all day long could be enough to meet this part of the test. However, you must also prove that the harassment was based on a protected characteristic, such as your race or gender. 

Legally speaking, harassment is a form of discrimination. It is illegal only if it is based on one of the characteristics protected by federal or state antidiscrimination laws. Under federal law, these characteristics include race, color, national origin, gender, pregnancy, religion, disability, age (over 40), and genetic information. State law often protects additional traits, such as gender identity, marital status, and sexual orientation. https://www.nolo.com/legal-encyclopedia/my-boss-yells-me-can-i-sue-hostile-work-environment.html

Jackson County Sentinel's article regarding Mr. Smith's report to the City Council:   http://jcsentinel.com/news/article_1e807af8-7bd8-11e8-bce6-ab68a6f54946.html

Clarion's article on Mr. Smith's report to the City Council: http://www.theclarion.org/index.php/868-councilman-smith-requests-blizzard-be-allowed-to-return-to-work

Video excerpt of this segment.

                                                AGENDA
                      (Click on image for an expanded view.)

Issue concerning approval of Change Order for Downtown Streetscape Phase 2 Project. This cost overrun was not approved, the issue died due to a lack of a second on the motion. Apparently there was a difference between last weeks costs as discussed in the June 18, 2018 Council Work Session, $18,340.00 and this week's cost of $26,346.67. 

Regular Session Video