THE GUFFEY AFFAIR, Part1 - Scottsboro, Alabama - December 20, 2020 Announcement of Special Call Meeting of the Jackson County Commission on Tuesday, December 22, 2020 Regarding Resignation - *Allegations by County Employees and Citizens - UPDATE - December 21, 2020 -Jackson County Commission Press Release - UPDATE 2 - DECEMBER 21, 2020 - Local and Regional News Stories Regarding Inappropriate Surveillance of Courthouse Employee(s) - UPDATE 3 -DECEMBER 22, 2020 - Analysis of Press Release - Red Herring Regarding Security Cameras, Law Enforcement's Right of Defense From a Gunman - Special Call Meeting Video, Resignation of Chairman Tim Guffey - UPDATE 4 - UPDATE 4 - December 23, 2020 - Another Deceptive Press Release, Questions - Does This Press Release Indicate Fraud by Public Officials, Conspiracy, Theft by Deception Regarding Guffey's Pay, Benefits?? - UPDATE 5 - December 26, 2020 - Claimed Resignation Document - Video Short, Effective Immediately Has New Meaning and Resignation Replay, Short Version - UPDATE 6 - DECEMBER 30, 2020 - UTILIZING PUBLIC OFFICE FOR PERSONAL GAIN, NO APPROVAL OF ADMINISTRATIVE OR MEDICAL LEAVE, PERSONAL USE OF OFFICE - AG Opinion 95-00182 When Is A Resignation Effective.

 

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

Article reviewed and edited with changes, on December 27, 2020 and December 29, 2020 - WAAY News Story and Documents added; December 30, 2020 Update and edit, Jan. 7, 2021 Vice-Chair Statement added (7 Updates and edits).

THE GUFFEY AFFAIR

A developing political story and *allegations of unethical/unlawful conduct regarding the Chair of the Jackson County Commission

Tim Guffey, former/current?? Chairperson of the Jackson County Commission. (photo by G. Morgan)

 U.S. NEWS AND WORLD REPORT Scottsboro, Al. - December 23, 2020 (AP Wire) "County Commission Chair Quits After Investigation Revealed . . . improper video surveillance at the courthouse in Scottsboro . . . commission voted to accept the resignation [effective immediately]  . . . but a statement read during the meeting didn't reveal a reason for his departure." 

https://www.usnews.com/news/best-states/alabama/articles/2020-12-23/county-commission-chair-quits-after-investigation-revealed  

 Special Call Meeting Video at Bottom of Page, with  UPDATE 3 - December 22, 2020 - Resignation of Commission Chair Tim Guffey, Vice Chair Assumes Chair Responsibilities Until Alabama Governor Kay Ivey Appoints Replacement 

Special Called Meeting Notice posted Friday December 18, 2020

STATEMENT READ BY VICE-CHAIR JASON VENABLE 

ON DECEMBER 22, 2020 REGARDING TIM GUFFEY'S RESIGNATION AS CHAIRMAN OF THE JACKSON COUNTY COMMISSION

The motion was made and seconded, the Resignation Motion was unanimously accepted.

Jackson County Commissioners as of November 12, 2020 (photo by Jackson county Commission, Fair Use for non-profit news reporting) Commissioners left to right with email: Danny Rich, District 1 - dannyrich@jcch.net ; Kevin McBride, District 4 -  kevinmcbride@jcch.net ;Tim Guffey, Chairman -  timguffey@jcch.net ; AJ Buckner, District 3 - ajbuckner@jcch.net ; Jason Venable, District 2 - jasonvenable@jcch.net

Information Report and Request for Clarification Sent to the Jackson County Commission on Facebook after No-productive Results on Friday, December 18, 2020 

Jackson County Commission Link: https://www.facebook.com/JCCommissionAL

December 20, 2020 - Reference Special Called Meeting Notice by Commission Vice-Chair Jason Venable. Meeting to be held on Tuesday, December 22, 2020 at 3:30PM in the commission board room, Jackson County Courthouse, reference: "accepting a resignation and related administrative matters." 

 Any comment as to the *allegations by Jackson County employees and Jackson County citizens expressing concerns over audio and video "spy cameras" being placed in female office spaces and the commission office by an unknown private contractor?

 Information received indicates a referral to ALEA, Alabama Law Enforcement Agency, for investigation of this or other matters. The *allegations claim involvement of Commission Chair Tim Guffey, an elected public official.

Answer to inquiry from the Jackson County Commission on Facebook, quote: "Please refer all questions to the County Attorney, John Porter 256-574-5156"

 So there is no confusion, I'm reporting to the Jackson County Commission information I'm receiving, and requesting clarification about these serious matters for the purpose of transparency and either confirming *allegations or dispelling rumors. My visit to the Jackson County Commission office Friday, Dec. 18, 2020 produced no comprehensive results or clarifications other than referring to the notice of the Special Call Meeting referenced above. *(Allegation definition - a statement, made without giving proof, that someone has done something wrong or illegal: Cambridge English Dictionary)

UPDATE - DECEMBER 21, 2020

PRESS RELEASE – DECEMBER 21, 2020

 Jackson County Commission

 The four District Commissioners of the Jackson County Commission have been advised that an investigation is underway by the Alabama Law Enforcement Agency involving an allegation of inappropriate surveillance of a Jackson County Employee at the Jackson County Courthouse. The Commissioners take this allegation very seriously and are providing full cooperation with the investigation. As part of the Courthouse Security Plan, after several serious incidents at the Courthouse involving firearms, a number of surveillance cameras and sound systems were installed in public locations and common areas at the Courthouse. The camera at the secured entrance to the Courthouse proved invaluable in determining the sequence of events that led to a Sheriff’s Deputy having to use his firearm to defend himself against an aggressive armed patron. Neither these Commissioners nor the Courthouse Security Committee were aware of the placement of the particular camera involved in the present investigation. The Commissioners first became aware of the location of this camera on Tuesday, December 15 and took steps the same day to have the devise removed. Until the investigation is complete, the Commissioners will have no comment on whether or not the installation of this camera was warranted for legitimate security purposes. 

UPDATE 3 - DECEMBER 22, 2020 - ANALYSIS OF PRESS RELEASE

RED HERRING ISSUES - SUBTERUGE REGARDING SECURITY CAMERAS AND LAW ENFORCEMENT'S RIGHT TO DEFEND THEMSELVES FROM A GUNMAN

Red Herring image from blacklabellogic.com, fair use for non-profit news reporting, commentary and education

The Press Release is deceptive. The cameras and monitors related to the Jackson County Courthouse security, safety and law enforcement defending themselves have no bearing on the alleged misconduct or criminal conduct of an elected public official in this case, allegedly utilizing a "spy camera" and a computer interface to "observe" female employees. The escort of a female employee off of the Jackson County Courthouse property last week is related, according to Jackson County employee sources. This issue involves sexual harassment, creation of a hostile work environment, and alleged criminal conduct. A criminal investigation is necessary, a coverup or deception is inappropriate and not conducive to being a good steward of our resources for the county's citizens, and maintaining a professional, effective county government work environment.

There are other relative issues which must not be overlooked. 1) Security - The entire Jackson County Courthouse should be "swept" for eaves dropping devices, "spy cameras," audio listening devices; all computer equipment should be inspected for malware, spyware, hacked audio-video interfaces on installed computer systems, to include "program shells" or interfaces designed for eavesdropping. If the suspected party is spying on one, was he spying on others? Who installed the mysterious "spy camera," who paid for the eavesdropping equipment, who owns the equipment???  Responsible public officials, do you know for a fact that other "spy cameras" or interfaces do not exist? Questions which require answers and elimination of the risk regarding unknown audio/video recording equipment, "spy cameras," computer interfaces or malware. This deceptive "Press Release" does not help matters.

2) Sexual Harassment/Creation of a Hostile Work Environment. Every female employee should be professionally interviewed to determine if sexual harassment, inappropriate sexual advances and/or sexual misconduct occurred between one or more elected officials and employed/appointed female personnel. According to Jackson County employee reports, the dismissal of the female employee last week, escorted off of courthouse property, is related to the current situation and pending investigation. How much will sexual harassment and creation of a hostile work environment cost the citizens of Jackson County? How many more alleged sexual trysts or acts of jealousy are occurring, or have occurred, as a result of public officials misconduct in OUR courthouse??  

UPDATE 2 - DECEMBER 21, 2020 - Local and Regional News Stories Regarding Inappropriate Surveillance of Courthouse Employee(s)   

"In the Boro" - My video of this event, after meeting chat and interview attempts at bottom of page.

Jackson County Commission's Live Facebook Video of  Guffey Resignation Meeting- https://www.facebook.com/JCCommissionAL/videos/734286453859622 

Scottsboro, Al.The Clarion: https://www.theclarion.org/?p=3764&fbclid=IwAR3Y9DaycEy9wA98RaBybxj5uXdqqLxCJm5eCwO6OIWh0FaHglgqDQf9W9o

Clarions Story on Facebook Link- https://www.facebook.com/theclarionnewspaper

Scottsboro, Al. Jackson County Sentinel:    http://jcsentinel.com/feature_story/article_e67f858a-43cc-11eb-ac4b-abe3c70fdfc6.html?fbclid=IwAR21ZdV_G2U4u6bVyp-gZnYfJ0NPs1e4XZF91v_7Yon7KCVnj77VljzIbqA

Sentinel's Facebook Video link: https://www.facebook.com/jcsentinel/videos/832239754017268

                   WAFF-TV News, Huntsville, Al:   https://www.waff.com/2020/12/21/district-commissioners-announce-inappropriate-surveillance-allegation-investigation-jackson-county-employee/

Guffey Resigns- https://www.waff.com/2020/12/22/jackson-county-chairman-resigns/

WAAY-TV News, Huntsville, Al:   https://www.waaytv.com/content/news/State-investigating-inappropriate-surveillance-claim-at-Jackson-County-Courthouse-573448161.html

Guffey Resigns- https://www.waaytv.com/content/news/Jackson-County-Commission-chairman-resigns-573459881.html

Story by WAAY News, Press Release and Guffey's Resignation -  https://www.waaytv.com/content/news/Jackson-County-Commission-chairman-resigns-573459881.html

WHNT-TV News, Huntsville, Al: https://whnt.com/news/state-investigating-allegations-of-inappropriate-surveillance-at-jackson-county-courthouse/ 

Guffey Resigns- https://whnt.com/news/northeast-alabama/jackson-county-commission-chairman-resigns/ 

Al.Com By Ben Benton Chattanooga Times Free Press, (TNS) Tribune Media Services   https://www.al.com/news/2020/12/alabama-investigating-secret-surveillance-of-courthouse-employee.html

UDATE 4 - December 23, 2020 - Another deceptive Press Release (image below)

From the Comptrollers Office State of Alabama - 0100 Chart of Accounts

 23 - Administrative Leave - Salaries and wages for an employee while on approved administrative leave.

Posted to Jackson county Commission’s Facebook site in reply to their Press Release of December 23, 2020, image posted below. Mr. Guffey is an elected political official who has resigned "effective immediately" and approved by the Jackson County Commission by unanimous vote. Guffey is not an employee and there was no approval for administrative leave.

Guffey's alleged resignation letter (image below) does not coincide with the statement made by the Commission Vice Chair, Guffey's resignation "effective immediately," was approved by the commission. Jackson County Commission's live streamed video, an official record of the meeting, at approximately 1 minute 45 seconds, and recorded by multiple press and media entities (linked above), statement of Vice Chair Jason Venable as to the resignation of Guffey: "The Chairman of the Jackson County Commission has tendered his resignation to Gov. Kay Ivey. Effective *immediately the chairman's duties will end." The read statement goes on further to say: "In order for the administration of the county to continue without interruption, until the Governor appoints a replacement Chair, the functions of the Chairman will be assumed by the Vice Chairman, and we should each pledge both the time and effort to make sure the county offices continue to serve the needs of the citizens until a new chairman can be named." The vote to accept the resignation of Guffey was taken and to appoint the Vice Chair to assume the duties of the chairman until the Governor appoints a new chairman, the vote to accept the resignation "effectively immediately" and appoint the Vice Chair to assume the duties of chairman until Governor Ivey appoints a replacement was unanimous.  The resignation effective *immediately does not mean 2 weeks, 4 months or the next election cycle, "*immediately" is NOW, which is the commission meeting after the vote to accept the resignation. At no time did the commission approve Administrative Leave with or without pay as stated in the December 23, 2020 Press Release. The Commission in their vote did not approve the resignation effective date of April 11, 2020. The statement regarding Guffey's resignation was read on December 22, 2020 at approximately 3:30 PM.

Public Officials, if you continue to pay Guffey or continue any benefits, other than legally accrued benefits which may be cashed in as allowed by law. You should be asking yourself, are you committing or conspiring to commit fraud, theft of public funds by deception (Code of Alabama 13A-8-1; 13A-8-2; 13A-8-2.1). Definition of "immediate"- adjective, Merriam Webster - 1a: occurring, acting, or accomplished without loss or interval of time : INSTANT. b(1): near to or related to the present. (2): of or relating to the here and now : CURRENT. Definition of *"immediately" adverb - 1: without interval of time : STRAIGHTWAY 

(Click on image to expand view.)

Guffey's alleged resignation letter was not read into the record in the meeting and it contradicts the meeting record as stated on video (Guffey's alleged letter of resignation below.). The December 23 Press Release, post Guffey's resignation "Effective Immediately." There was no stated approval in the commission meeting on December 22, 2020 for this alleged resignation saying Guffey will be receiving pay and benefits until April 11, 2021, while sitting at home, there was no approval for administrative leave. If not fraud and theft by deception, as a minimum, commissioners conspired to deceive the citizens of Jackson County Alabama regarding Guffey's resignation. The Press Release on December 23, 2020 is not reflective of the recorded official action stating Guffey's resignation is effective immediately.  

Video Short - Effective Immediately Has New Meaning, No Mention, No Statement as to Administrative Leave - Paying Guffey to do nothing for 4 months.

WAFF Interview and link to Guffey's alleged resignation letter. A contradiction from the Jackson County Commission meeting video stating Guffey's ". . . resignation is effective *immediately. . ." NOT APRIL 11,  2021 for medical reasons was not approved or mentioned, commented on in any form or fashion.

https://www.waff.com/2020/12/23/former-jackson-county-chairman-addresses-surveillance-investigation-claims-resignation-due-health-issues/ 

Is this a scheme to commit fraud, theft by deception regarding Guffey's pay and benefits?? (Code of Alabama 13A-8-1; 13A-8-2; 13A-8-2.1) The action described in the WAFF News article was not approved by the Jackson County Commission as reflected in the official video of this proceeding. Who prepared the Press Release? Guffey goes home, does no work, and the citizens are going to pay him to do nothing as an elected public official for 4 months. Merry Christmas Citizens of Jackson County - our political officials are now stealing our money right under our noses, and conspire to do so as evidenced in the Press Release and Guffey's statement to WAFF TV News.

The issue with Courthouse Security Cameras goes back to 2009, Ms. Bias was the Commission Chair at that time. Security upgrades were accomplished by Ms. Bias, Commission Chair Hodges and Commission Chair Ashmore. Guffey wanted to hire a private security firm to provide Courthouse Security which was objected to by not only the Security Committee, which included the sitting Judges, Sheriff, Chief Deputy, the Jail Supervisor and other county elected officials, including the Commission, the privatization scheme was rejected. 

Links going back to 2009 regarding Courthouse Security and security systems including camera systems: https://arklite.blogspot.com/search/label/Jackson%20County%20Courthouse%20Security

THE GUFFEY AFFAIR - ETHICS ISSUES, AG OPINION

UPDATE

UPDATE 6 - DECEMBER 30, 2020 - UTILIZING PUBLIC OFFICE FOR PERSONAL GAIN

PERSONAL USE OF OFFICE – Section 36-25-5(a) states: "No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, or family member of the public employee or family member of the public official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law. Personal gain is achieved when the public official, public employee, or a family member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain.” Take note of (b) and (c) of COA 36-25-5.

There was no approval for administrative or medical leave.

 

 CONFLICT OF INTEREST – Section 36-25-9(c) states: "No member of any county or municipal agency, board, or commission shall vote or participate in any matter in which the member or family member of the member has any financial gain or interest." Guffey can't declare himself on any leave status benefiting himself. There was no approval of administrative or medical leave, by the approval authority, the Jackson County Commission.

When is a resignation effective?

Attorney Generals Opinion: 95-00182 Commission Chair Vacating Office - It appears, that once the governor accepts the resignation the vacancy may be filled. What is the bearing on Guffey's requested resignation date? To remain in office for 4 months once a resignation has been submitted and accepted by the County Commission, to receive pay, is that a conflict of interest, Guffey's self declaration, since there was no approval of administrative leave or medical leave by the Jackson county Commission.

https://www.alabamaag.gov/Documents/opin/9500182.pdf

 Video of the Tuesday, December 22, 2020 Special Called Commission Meeting.

Resignation Video Short Version - "Effective Immediately" Has New Meaning for Unscrupulous Politicians

Scottsboro, Alabama - September 16, 2019 - Jackson County Commission Regular Session and Work Session - TVA Recreational Property Transfer From County to City - Has TVA Approved the Transfer?

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

UPDATE - Regarding Agenda Item 1 in the Work Session, transfer of recreational property - lease/license, Sportsman's Landing, to the City of Scottsboro. I have discussed this matter with the TVA, the Jackson County Commission must receive approval from the TVA prior to this property being transferred to the City of Scottsboro as the property is owned by the TVA, not Jackson County.

TVA has confirmed that they have discussed this matter with the Jackson County Commission Chair, Tim Guffey, and informed him that the commission must get TVA approval prior to lease transfer.

AGENDA

Executive Session for discussion of good name and character of employee, out for 26 minutes.

Items 2 and 3 on the Regular Session agenda were tabled.

--Jackson County Recreational Property "License" Lease from TVA, Sportsman Landing, Parcel XGR125PT. Has TVA Approved this Transfer as required?-- 

Item 1 in the Work Session Agenda - Discussion of proposed transfer of Jackson County leased recreational property from TVA to the City of Scottsboro, property name is Sportsman's Landing. Has TVA approved this lease transfer?  I have previously asked about TVA's approval of this lease transfer and have received no answer from County Officials. This property according to TVA has a Jackson County "license" for recreational use, TVA Recreational Parcel # for Guntersville Reservoir - XGR125PT. Change of this property lease agreement in any form must be approved by TVA. Link - https://www.tva.gov/Environment/Environmental-Stewardship/Land-Management/TVA-Land-Policy  The public has not been informed regarding future property use by the City of Scottsboro.

(Click on image for an expanded view.)

VIDEO

Scottsboro, Alabama - July 22, 2019 - IS THE JACKSON COUNTY COURTHOUSE SAFE? - Jackson County Commission Work Session and Regular Meeting - Structural Stability of the Jackson County Courthouse

Jackson County Courthouse, south side (photo by G. Morgan)

Agenda and meeting video below this segment on Jackson County Courthouse structural instability.

 Is the Jackson County Courthouse safe?

After 6 months and a geotechnical engineers report recommending IMMEDIATE tasks, corrective actions, and the acquisition of a structural engineer to further investigate the areas of visible structural deficiencies; there is no plan and there is no structural engineers report regarding the Jackson County Courthouse structural deficiencies noted and listed by Amiri Geotechnical Engineering Inc. provided to the Jackson County Commission (in PDF form). 

 

Northwest side records storage area in basement wall cracking extends up to the hard ceiling structure where separation of ceiling and wall is evident. (All video and photos above and below are by G. Morgan.)

Ground subsidence, collapse, is causing structural damage to the walls and floors as seen in this photo of the north public restroom which is now closed due to unstable walls and tiles.

Floor subsidence, note the depth of floor movement, 2 inches as demonstrated by the gap in the panel against the outer wall. Approximately 25-30 feet from this location is the courthouse incoming natural gas line.

Unstable structural footings and soils beneath the basement floor slab on the northwest corner have resulted in the load bearing wall to collapse the floor structure by 2-3 inches. The footing structure and soil are not supporting the building weight in this area, or is there a sinkhole developing? The engineers report states testing must be accomplished, nothing has been accomplished per the engineers recommendations. If there has been further testing it has been kept secret, just as the geotech engineers report was kept secret until questions were asked about the closing of the northwest public restroom due to structural instability by this citizen journalist.

Southside entry, wheelchair ramp. The original concrete slab has collapsed approximately 4 inches exposing this space between the original concrete slab and the newer wheelchair ramp.

1912 structure wall separation demonstrated in the 2 above photos. This is the Circuit Court's record storage area immediately south of the northwest corner structural problems. 

January 2019 a Geotechnical Engineer Report was provided to the Jackson County Commission on January 7 and January 9, 2019, a PDF of this report was acquired via a public records request last week. The critical summary of this report states - "Amiri Geotechnical Engineering Inc., Huntsville, Alabama: ". . .  it appears that storm water line failure which had resulted in loss of soil in the sewer lines may have resulted in ground loss under the footings and subsequently foundations subsided. However, other possibilities such as sinkhole development or failure of old underground structures, or other causes cannot be ruled out. Therefore, we recommend that a subsurface exploration program be conducted in the area immediately outside of northwestern end of the building to evaluate the subsurface conditions. We also recommend the following:"

"1. In order to reduce the possibility of further undermining of the same footings as well as other footings and floor slabs, we recommend that the existing sewer lines be tested to determine if there are any broken lines/failed lines that allow soil loss into the storm or sanitary sewer lines. Any sewer line failure should be repaired as soon as possible.

2. Retain a contractor to underpin the affected area. Underpinning may be conducted utilizing Helical Anchors or mini-piles. This should also be done as soon as possible to prevent further damage to the building.

3. We recommend that a Structural Engineer evaluate the integrity of this portion of the building as well as other portions which require structural repairs."

Within the email the engineering firm sent the commission back in January the following statement was noted:   Quote: " Please note that recommendations for immediate actions are presented in the report." More than 6 months later there have been no immediate actions taken regarding either a structured plan or a comprehensive structural engineers report. There were no blueprints, structural reports, or design reports, including historical well locations surrounding the courthouse supplied to the engineer as indicated in the report.

Courtroom 1, floor subsidence and cracking evident. Both entrances to courtroom one demonstrate floor cracking and a drop in the floor structure at the entrance to the courtroom. This area is part of the 1955-56 addition. There are other areas of wall cracking evident in this area.

Courtroom 2, uneven floor structure, appears to be areas of falling and/or collapse in this hallway entrance to courtroom 2. There are other areas of cracking of the floor structure evident in the courtroom 2 area, 1965-66 addition.

Video of courthouse structure instability

AGENDA JACKSON COUNTY COMMISSION, WORK SESSION AND REGULAR SESSION

VIDEOS OF MEETING

Citizen Presentations

Work Session and Regular Session  Video

Scottsboro, Alabama - July 8, 2019 - Jackson County Commission, Regular Session - UPDATE July 12, 2019 - Expenditures Exceed Revenue - Town Hall Meeting Announcement - Legislative Delegation Response to Commission - UPDATE - July 11, 2019 - Town Hall Meeting Postponed - Courthouse Security, Structural Integrity Hazard - UPDATE - July 11, 2019 - Allegations of Misappropriations/Misuse of County Goods and Materials, Officials Deny Allegations - County Budget

Jackson County Courthouse, South Side, photo by G. Morgan

UPDATE - JULY 12, 2019 - MORE FINANCIAL INFORMATION, HISTORICAL AND CURRENT INFO FROM THE ALABAMA DEPARTMENT OF PUBLIC EXAMINERS REGARDING THE JACKSON COUNTY COMMISSION

It is important to note the Expenditures versus Revenue on this spread sheet as documented since FY2012 by the State Public Examiners (Click on image for an expanded view.)

Deficit Listings - FY2012 - $1,167,485.44; FY2013 - $456,218.36; FY2014 - $529,045.13;

FY2015 - $356,134.06; FY2017 - $347,332.33(preliminary report)

FY2019 (Listing below by the Jackson County Commission Administrator, unaudited information.)  -$623,574.00 deficit listing

Revenue Overage listing - FY2016 + $1,112,995.46

Audit Unknown at this time for FY2018

It is significant that the 6 years listed by the Department of Public Examiners and the FY 2019 Financial Status listed by the Jackson County Commission reflect deficit spending for 6 of the seven years listed. The audited FY2018 Expenditures vs Revenue is not listed to date. However, the proposed budget was reflected as Revenues of $8,232,539 and Expenditures of $8,212,882. There is no audit of the FY 2018 and FY2019 financial position at this time. 

Alabama Department of Public Examiners Link: https://examiners.alabama.gov/audit_reports.aspx

Reoccuring findings and recommendations by the Department of Public Examiners as to budget expenditures in excess of anticipated revenues including unexpended balances in accordance with the Code of Alabama 1975, Section 11-8-3.

JULY 11, 2019 - TOWN HALL MEETING POSTPONED 

The meeting between the Jackson County Commission and the Jackson County Legislative Delegation has been postponed. Rick Roden, Director of the Chamber of Commerce will be facilitating the Town Hall Meeting upon reschedule. I had a discussion with Mr. Roden and he stated: "All need to come together to work out the budget problems for the benefit of the people of Jackson County. This can be a win-win for everyone concerned."

TOWN HALL MEETING

Scottsboro, Alabama, Jackson County Commission announces a Town Hall Meeting at the Jackson County Courthouse on Tuesday, July 16, 2019 at 6 PM in Court Room 1, 2nd floor Jackson County Courthouse, all persons of Jackson County are invited, Legislative Delegation has been invited according to the Chair Person of the commission. Revenue issues, road issues, county courthouse issues.

Mr. Tommy Hanes, State Representative for our district contacted me yesterday after reading my "Breaking News" story post on Facebook: ". . . Your notice was the first I had heard of this Town Hall Meeting." Hanes further commented: ". . . They never asked us what would be a good day for this." Mr. Hanes indicated he had scheduled another event to attend.

Breaking News Post on Facebook link: https://www.facebook.com/photo.php?fbid=10219296947318172&set=a.10201245741369305&type=3&theater

THE JACKSON COUNTY LEGISLATIVE OFFICE

100 East Peachtree Street, Scottsboro Alabama 35768

256-218-3090

FOR IMMEDIATE RELEASE

July 9, 2019

Delegation Responds to Jackson County Commission

Scottsboro, AL, July 9, 2019- In light of the recent announcement by the Jackson County Commission regarding a public meeting being held Tuesday, July 16^th at the Jackson County Courthouse, the Jackson County Legislative Delegation Members; Senator Steve Livingston, Representative Tommy Hanes and Representative Ritchie Whorton would like to take an opportunity to set the record straight. According to a notice brought to the attention of the Legislators through a Facebook post the Commission claims that the Legislators were invited to this meeting. The Legislators have yet to be notified by Mr. Guffey about this meeting. In fact, members of the delegation will be out of town attending to prior obligations. 

The Delegation is interested in the public’s opinion of the Commission budgetary issues and would like the opportunity to be present at such a public meeting. Moreover, the Delegation would like the facts presented to the public to be accurate and true. For instance, the Commission contends that the Delegation is unwilling to work with them. The truth remains that the Delegation met with the previous Commission some 14 times and has met with the current Commission between November 2018 to present 6 times. In fact, in November 2015, the Delegation agreed to give the Commission over $600,000 from their “Critical Needs Fund” to be deposited into the County’s general fund. The Commission also contends that the Delegation will not help them solve their current budget deficit, this is also not true. The Delegation has cooperated with the Commission on a number of issues. 

Senator Livingston secured funding for the Matheny Bridge rehabilitation project in the fall of 2018. The Delegation also carried a local bill in the 2019 legislative session which changed the Fund 100 to help the county to be able to utilize those funds. The Delegation carried yet another bill in the 2019 legislative session which reduced publication of expenditures and receipts to once per year, thus saving the County money.  Finally, the Delegation members have presented the Commission with options which addressed the current budget deficit throughout those 6 meetings, all of which were turned down by the Commission. 

The Delegation remains open to communicate through all reasonable solutions to the Commission’s budget deficit and their past record would prove that they have been and remain open to meeting with the Commission to find a workable, realistic solution. For questions please contact the Jackson County Legislative Delegation Office; 256-218-3090.

###

The Jackson County Legislative Delegation is comprised of Senator Steve Livingston, Representative James “Tommy” Hanes and Representative Ritchie Whorton.

AGENDA

(Click on image for an expanded view.)

VIDEOS

Part - 1 Citizen Presentations

Part 2 - Regular Session Issues


Jackson County Courthouse Structural Stability and Security Issue

Pictures and story on Jackson County Courthouse structural stability problems to be filed shortly. According to Commission Chair Guffey a structural engineer has filed a report to include core sample drilling. That document will be requested today.

Meanwhile, the basement, outside bathroom will be closed due to the instability of the structure in the northwest corner of the courthouse. The tile wall cracks have widened, the floor is collapsing/dropping due to the weight of the wall. The drop appears to be 1 to 2 inches. The hard ceiling and wall structure has separated, the outside windows on the north and west walls are cracking and separating. This restroom has been utilized for the First Monday Trade Days Event, this will no longer be possible due to a structural integrity hazard, which if the failure progresses due to vibration, wind, rain, further soil and or structure movement is likely to create a danger to people.

 The room, records holding storage, immediate south of the outside bathroom described has a large vertical opening due to seperation and water destruction of foundation and supporting structures. Plaster has been destroyed for several years in this area. There is evidence of worsening structural instability. Employees reported to me when the commission office was renovated, a large hole opened up in the chairperson's office, this hole was patched and carpet was placed over the hole and collapsed area. The chairperson's office is directly over the northwest corner bathroom which demonstrates the unstable structure, VIDEO BELOW

VIDEO NORTH SIDE, 1966 RENOVATION, STRUCTURAL INTEGRITY/SECURITY ISSUE



UPDATE - July 11, 2019 Meeting with Commission Chair and the Director of Public Works - County Officials Deny Allegations Made by Employees; Chairperson Expresses Defensive Hostility.

Jackson County Public Works, photo by G. Morgan

Today at 9AM I met with the Chair of the Jackson County Commission Tim Guffey and the County Engineer - Director of  Public Works Jonathan Campbell. Mr. Campbell was very cordial and offered me water or coffee, I had a cup of coffee. I sat at the table in the conference room and I began to present what Mr. Guffey and myself had discussed earlier in the week, I also provided Mr. Campbell a copy of emails and photos provided me by a 26 year retired employee. I began to discuss with Mr. Campbell what the employees had presented to me relative to the allegations stated. Guffey became combative, telling me that I was wrong for listing the allegations on my blog. He provided me a copy of the allegations. He attempted to demean my writing by yelling: "All I do is to stir the pot." He further stated that he did not like that I had stated 3 basic allegations on my blog. Mr Campbell commented, we have known each other for some time, I've answered questions you have ask me, and he didn't appreciate me listing the allegations prior to our meeting. I stated to Guffey and Campbell this is the purpose of our meeting to hear your side. Guffey stated: "You should have waited, I don't like it;" in a hostile voice. I explained to Mr. Guffey that I did not care about what he approved or did not approve regarding my writing. (Allegations listed below.) 

Mr. Guffey and Mr. Campbell deny the allegations made by current and former employees of Public Works

Mr. Campbell gave me the information back which I had provided him, I noticed that he already had the documents and photos provided to me by the retired employee. Both indicated the County Attorney John Porter had advised them not to meet with me about the allegations made by county employees and listed on my blog. I informed Guffey and Campbell  that I had received information from other employees regarding the same allegations plus other allegations. The meeting was terminated as it was apparent that Mr. Guffey was very defensive and reiterated that the County Attorney told them that they should not meet with me. I also noticed  there was a stack of documents which appeared to be FEMA submission documents regarding debris load information.  I was told that I would have to submit a public records request for these documents. 

Two public records requests were submitted to view and review FEMA Documents and the County Employee Personnel Handbook for non-profit news reporting on this blog.

Allegations by Retired and Current County Employees 

Denied by Commission Chair and County Engineer

Sometimes a definition is necessary for those government officials who do not understand the term. "Allegation" - noun - a statement that someone has done something wrong or illegal, but which has not been proved to be true. In this case, "allegations" of wrong doing by public officials or public employees claimed by public employees, or retired public employees, reported to this blogger.

  

County Public Works Allegations - 1) Allegations of Misappropriation/Misuse of County Materials and Goods have been made by a 26 year employee recently retired. Emails, photos and witnesses have been provided. 2) Allegations of unfair treatment to personnel and inappropriate personnel advancements of Public Works Personnel have been made. 3) Allegation of wrongful times and weights regarding FEMA cleanup as to reimbursements. 

I have discussed this issue with the Chair of the Commission Tim Guffey. Chairperson Guffey stated to me he has an Open Door Policy, Guffey stated:  "Any employee may discuss concerns with me and I will not tolerate any supervisor preventing a concerned employee from discussing issues with me." Mr. Guffey further stated it was his observation this was a disgruntled employee, I reminded Mr. Guffey this was a 26 year experienced employee. 

 I was scheduled today, Tuesday, July 9 at 9AM to meet with Chairperson Guffey and Mr. Jonathan Campbell, Engineer and Director of Public Works; this appointment was cancelled, there was an emergency in public works, according to commission officials, the appointment will be rescheduled stated the commission official. (The appointment is scheduled for 9AM Thursday July 11, 2019. See above, regarding the meeting.)

Jackson County Commission Budget
According to the commission chair and county administrator the county commissions general fund budget is operating in a $623,574.00 budget deficit. However, when asked about this deficit situation approximately 6o days prior, I was informed the commission had transferred approximately $1 million dollars from a road and bridge account, according to the Commission Chair Tim Guffey and County Administrator Bob Manning, this transfer of funds between accounts is allowed. Funds from this transfer is keeping the General Fund Budget afloat, which includes salaries.

2018-2019 Budget Document supplied to media on July 8, 2019
(Click on image for an expanded view.)

BUDGET HEARING

Scottsboro, Alabama - May 29, 2019 Jackson County Commission Budget Hearing. Guffey makes critical communications error regarding the county budget crisis.

Jackson County Commission Chair accuses Jackson County Legislative Delegation of ". . .lies and fabrications. . .Delegation has chose to do nothing," states Jackson County Commission Chairperson Tim Guffey regarding Jackson County's General Fund budget crisis. Video segment of this error in judgement and communications failure may be seen at 44 min.15 sec. to 46 min. 33 sec. in the budget hearing video below. 

After inquiry into this matter, the accusations by Commission Chair Guffey regarding the legislative delegation, quote: ". . .lies and fabrications. . .Delegation has chose to do nothing," are not factual. Further, it is my observations on this and other matters regarding the Chair of the Jackson County Commission, that his communicative style is that of a bully, when disagreement is stated to Guffey's position or decision making.

Later in the video the term "allocation" is utilized, two commissioners stated it is the responsibility of the Legislative Delegation to allocate funds to the commission. Funds allocation is determined by law or the Alabama Constitution in regards to the Legislative Delegation. Another definition is required - "Allocate" - a verb - distribute (resources or duties) for a particular purpose.

It is your responsibility commissioners of Jackson County to distribute funds for Jackson County; i.e. Commission's General fund, and other county fund sites, and county subordinate agencies, not the Legislative Delegation except as determined by law.

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

Scottsboro, Alabama February 11, 2019 - Jackson County Commission, Regular Session - Courthouse Security

Jackson County Courthouse North Entrance, photo  by G. Morgan

AGENDA

Jackson County Commission

February 11, 2019

I. Call to Order

II. Roll Call, establish quorum, Invocation, Pledge of Allegiance

III. Approve Agenda of today's meeting, February 11, 2018 - Approved

IV. Awards and Presentations - none

V. Public Comments/Presentations from Citizens - none

VI. Old Business - none

V11. New Business

1) Motion to approve Gavin Arnold's temporary employment for 6 months with the Public Works Department. - Approved

2) Motion to approve proposed resurfacing project of County Road 61 - Approved

3) Motion to approve SR277 project change order. (Google Project) - Approved

4) Motion to approve DHR lease agreement, valid until September 30 2019 - Approved, $3.00 per square foot, approximately 1550 square feet. Currently approximately $55,600 annual payment, $4650.00 per month. (note: The commission had initially overstated the estimated square footage to be 1800 sq feet.)

5) Motion to approve and advertise for a public hearing to vacate County Road 458 - Approved

Discussion from Sheriffs Department regarding need for automobiles; Chief Deputy Harnen stated 2 new vehicles had been purchased from Pistol Permit Funds, 2 more are needed. A small fleet of used vehicles from other agencies was purchased, however, mechanical problems resulted in one vehicle out of 4 blowing an engine. 

The Chief Deputy also described several officers had applied for jobs with the Jackson County Sheriffs Department. However, due to the high cost of family insurance hiring new officers is inhibited. The county pays for employee health insurance but does not provide for a family insurance cost share program, which cost employees approximately $400 - $500 monthly.

A Courthouse Security Meeting is scheduled for Wednesday, March 6, 2019 - There was a short discussion after the regular meeting regarding the Jackson County Commission withdrawing from the Security Committee. Withdrawal was requested by Mr. Venable and a question regarding this action was directed to the County Attorney regarding the commission resolving to withdraw from the security committee.

VIDEO