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 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

(Click on image to expand view.)

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 - October 11, 2018 - Jackson County Courthouse Security Committee Meeting, and A Story of Terror at the Jackson County Courthouse, May 31, 2006 - UPDATE - Oct. 12, 2018: Commissioners Received Proposals From at least One Security Firm

Normally the Jackson County Courthouse in Scottsboro, Alabama is a peaceful place. The business of property tax payments, drivers license renewals and the weekly Jackson County Commission Meetings.

True to the courthouse name, courts meet with judges sitting on the bench, administering justice and providing rulings in many types of criminal and civil cases in Jackson County Alabama

The Jackson County Courthouse erupted in terror on a warm spring day on May 31st 2006 in  Scottsboro, Alabama, gunshots broke the calm, blood stained the floors and sidewalks. This is where the Courthouse Security story begins. "If you do not learn from your history, you are doomed to repeat it." Circuit Court Judge John Graham, pictured above (photo by G. Morgan).

Family dispute, child custody battle, part of the AP wire report stated: "The victims remained hospitalized in critical condition. . . John Christopher Lee Sr., 49, was charged with two counts of attempted murder after being arrested in the shooting Wednesday of Robert Lee Hunter, 26, of New Hope, and Hunter’s mother, Debra Parker, 45, of Madison, outside the Jackson County Courthouse.. . . a custody dispute had been going on between the children’s mother and father."   http://www.gadsdentimes.com/lifestyle/20060602/victims-critical-in-scottsboro-courthouse-shooting

Circuit Court Judge John Graham related to me at the north entrance of the courthouse after the Security Committee Meeting his vivid account of the incident on that memorable day in May of 2006 at the courthouse entrance, pictured below with crime scene tape. "One of the victims had managed to run back into the courthouse for protection before collapsing. There was blood dripping from his tie, the blood dripped onto the floor, forming a pool. . . I immediately ordered the courthouse doors locked"

Scott Kellenberger, an Alabama Conservation Enforcement Officer, looked out a front windows when the shots rang out. He immediately responded to the front of the courthouse entrance where he met the perpetrator and stopped him at the front door of the courthouse. Source reports stated the perpetrator was headed to the courtroom to finish his attempts to murder everyone involved.

WAFF photo, Fair Use for non-profit news reporting 

http://www.waff.com/story/4978730/new-information-in-jackson-county-courthouse-shooting/

Emotional domestic dispute and child custody cases may become violent and present several high risk scenarios. Courthouse shootings and violent incidences are steadily increasing.

Increase in Courthouse Violence Incidents Nation Wide

Judge Graham further stated: "There must be credentialed law enforcement officers at the security checkpoints in the courthouse." No one may be in the courthouse with firearms except law enforcement officers.

There have been several attempts to enter the courthouse with firearms. One of the Sheriffs Deputies  who regularly mans the security checkpoint related, there have been 6 persons carrying firearms stopped at the security checkpoints since June of this year. One man was arrested acting very suspicious while attempting to enter, he was found to have a cocked handgun in his possession. Additionally, Sheriff Deputies stated they have found numerous large knives. Knives may not be brought into the courthouse longer than 2 1/2 inches in length.

PRESIDING CIRCUIT COURT JUDGE JENNIFER HOLT'S ORDER - OCTOBER 11, 2018
(Click on image for an expanded view; signature block intentionally obscured.)

Note on the Judges Order, 1st page, 3rd paragraph: "Where as on September 24, 2018 the Jackson County Commission, without notice to this court or the Jackson County Courthouse Security Committee passed the budget for the 2018-2019 year and failed to fully fund the Jackson County Security Plan . . ." The Order further states the names of the specific commissioners not fully funding the security plan. Additionally, the court has ordered the commissioners to reconvene on this issue. 

During the Security Meeting it was evident that the County Commission's concern was focused on money, not the needs for an effective security deterrent at the courthouse entrances. Further meetings are being planned. The issue of Courthouse Security will be placed on the agenda at the next Jackson County Commission Work Session on October 15, 2018. 

There are more questions which need answering regarding discussions and document dissemination between commissioners related to private security hiring instead of the required credentialed law enforcement Sheriff Deputies. 

COMMISSIONERS RECEIVED EMAIL SECURITY PROPOSALS and RECOMMENDATIONS PER THEIR INSTRUCTIONS 

Budget meetings, although open to the public, are not work sessions nor regular session deliberations. There have been no open deliberations either in the work session or regular session regarding private security or other contract proposals. However, the commissioners did discuss in depth in the budget meetings various aspects of private contractual services involving the Jackson County Commission. 

Documents obtained via an Alabama Open Records Request reveals a 11 page two part comprehensive proposal was provided by Dynamic Security of Muscle Shoals, Alabama, per instructions from the Jackson County Commission, on or before September 4, 2018. 

Discussions within the budget meetings also included problems with the current part time Sheriff Deputies involved in Courthouse Security Services, described as "contracted services" involving security hires part time. The "part time hires" are apparently hired out of the Commission General Fund as Independent Contractors, an IRS Form 1099 is issued at the end of year. All part time "independent contractors," which fill in for Sheriff Deputies off work, are under the supervision of the Sheriff of Jackson County. All of the part time "independent contractors" wear the uniform of the Jackson County Sheriff's Department and are certified law enforcement officials.The problem exists, there are no formal signed contracts and no insurance coverage which would cover the employee if there was an on the job injury, after all, they are "independent contractors." 

An interview with the Jackson County Personnel Manager has revealed items of concern regarding this issue. The commissioners have not discussed this matter in any open meeting and some commissioners have attempted to be "secretive" about these facts, knowing full well there is a problem regarding the hire of independent contractors as part time Sheriff's Deputies.

The Jackson County Commission instructed their administrator, Robert Manning, to obtain recommendations regarding private Courthouse Security Services and at least one proposal from a private security service. Below, a picture of Dynamic's Elite Security. 

Photo from Dynamic Security's 11 page proposal for the Jackson County Courthouse. (Dynamic Security photo, Fair Use for non-profit news reporting and commentary)  Will the Jackson County Commission utilize any of the other private contracted services of Dynamic Security, particularly those involving various aspects of personnel management, clerical operations and other services.

Recommendations were received from three separate county government entities in Alabama and Florida: Escambia County Florida; Marshall County Alabama and the Economic Development Authority of Dallas County Alabama. 

Documents obtained via an Alabama Open Records Request reveals a 11 page two part comprehensive proposal was provided by Dynamic Security of Muscle Shoals, Alabama, per instructions from the Jackson County Commission, on or before September 4, 2018.  

PRIVATE SECURITY QUOTES

Part 1 proposal:  Dynamic Security, Inc. proposes the identified hourly rate of $14.99 for an UNARMED Security Officers to perform professional security duties as outlined in future communications. Specifically post instruction and security duties as outlined by the management team and Jackson County. 

Part 2 Proposal: Dynamic Security, Inc. proposes the identified hourly rate of $16.24 for an ARMED Security Officers to perform professional security duties as outlined in future communications. Specifically post instruction and security duties as outlined by the management team and Jackson County. (4 security officers are $135,000 plus; 3 security officers are $101,000 plus; all based on a 40 hour, 52 week period.)

Dynamic Security also provides several other personnel oriented services for their clients as described at: http://dynamicsecurity.org/our-services.html

Quote: "In addition to security officers, Dynamic offers the following services to its Clients:

Confidential security studies and evaluations

Security strike plan development

Drug screening - Marijuana, Cocaine, Opiates, Methamphetamines

Background Screening - Felonies, Misdemeanors, Motor vehicle, Employment eligibility verification, Workers’ compensation/ WC Fraud, Credit references/credit checks, Education verification, Employment reference checks

Facility Staffing - Part-time, Temporary workers, Full-time, Industrial workers, Clerical workers, Professional placements, Additional human resource services."

JACKSON COUNTY SENTINEL

Article excerpt: "The County Commission did not fully fund the Courthouse Security plan in their budget because they had been looking into hiring a private security firm to monitor the Courthouse . . .All commissioners at the meeting said their intentions were to save money anywhere they could, not just courthouse security."  

http://jcsentinel.com/?_dc=457505322156.24884

Additional Problems relating to the Courthouse Security issues involve communications failures between all leadership involved in Courthouse Security, a problem solving group meeting should occur to resolve the issues and bring forward proposed resolutions to the full Courthouse Security Committee.

Previous articles on this issue from "In the Boro." 

October 1, 2018

https://arklite.blogspot.com/2018/10/scottsboro-alabama-october-1-2018.html

September 24, 2018 - Courthouse Security Plan 

https://arklite.blogspot.com/2018/09/scottsboro-alabama-september-24-2018.html

Paint Rock, Alabama Woes - Open Meetings Failures? Possible Financial Impropriety? UPDATE - June 9, 2018 Sentinel Article

Paint Rock, Alabama - early 20th Century. This appears to be an old photo postcard, prior to the 1930's tornado which destroyed a large portion of the town. Fair Use publication, not for profit news and commentary. Link Credit: 

Digital Alabama https://digitalalabama.com/alabama-treasure-legends/yuchi-gold-paint-rock-alabama/6260

UPDATE - June 9, 2018 JACKSON COUNTY SENTINEL ARTICLE  -   http://jcsentinel.com/feature_story/article_1a0df1e6-6b69-11e8-bc93-3fbe7b10a231.html

Part of Paint Rock, Alabama today along U.S Highway 72. Photo from Wiki link below, Fair Use for not for profit news reporting and commentary.

The Town of Paint Rock has some serious legal issues, they documented some of these issues in policy and ordinances confirmed by the City Clerk of Paint Rock and a former City Council member. There may be several problems regarding the town's finances, which become apparent when looking at their financial statements, not discussed at this time.

Town of Paint Rock, Alabama's Open Meeting Policy, it does not coincide with state law. Link below. Click on any image for an expanded view.

Their government style as to Open Meetings policy could be called secretive, uninformed, and in violation of the Open Meeting laws of the State of Alabama. It is the only town, approximately 210 in population ( Wiki on Paint Rock, Alabama: https://en.wikipedia.org/wiki/Paint_Rock,_Alabama  ), that I have encountered in Jackson County Alabama, which forbids the Press of any type, non-residents of the town, and recording of the meetings without the expressed approval of the Town Council; all these open meetings policy items violate the Alabama  Open Meetings Act, found on line at the following locations:  https://law.justia.com/codes/alabama/2006/26146/36-25a-1.html   Manual for Public Officials - https://www.alabamapress.org/wp-content/uploads/2016/08/AL_Open_Meetings_Act.pdf   Alabama Secretary of State: https://www.openmeetings.alabama.gov/generalpublic/publicdefault.aspx  Code of Alabama specifically: http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/154883.htm    League of Municipalities: http://www.alalm.org/89-legal-services/legal-resources/181-open-meetings-law.html   

Town of Paint Rock, Alabama Meeting Guidelines, January 2018, as confirmed by a former Town council member and the current Town Clerk. Click on image to expand view. 

FINANCIAL STATEMENT SAMPLE JUNE 2017

Scottsboro Board of Education, Regular Session, May 4th, 2017. Open Meetings Law Problem - Improperly Announced Work Session Prior to Meeting

Scottsboro Board of Education, Page Administration Building, photo by the Scottsboro Board of Education, Fair Use for non-profit news reporting and commentary.

Prior to the Regular meeting there was a work-session meeting regarding the Superintendent selection. This was related to Item VI-Superintendent Discussion on the Regular Agenda. Inquiries disclosed by persons at the meeting, including the Daily Sentinel and the Clarion, stated they received an email notice of this meeting on Monday May, 1, 2017 or there abouts. There was no posting of the Special Call Meeting on the doors of the Board of Education or at the Front desk area. There is no public notices bulletin board available to the public at the Board of Education Office. 

The superintendent replied that there was a notice at the boards front desk, I looked there was none visible. I have been on the School Board web-site checking on meeting dates and times 3 times during this week to insure there was no change in the schedule for the May 4th Board Meeting. There was no indication of a special call meeting at this site:  http://www.scottsboroschools.net/school_board/board_meetings/schedule/

The board secretary and President informed me it was posted on the main school board page. I went there, there was no indication of any notice when I searched the page at this link:  http://www.scottsboroschools.net/  If the notice was taken down the day of the meeting, I would suggest leaving the notice intact the entire day in which the meeting occurs.

A Special Call work Session Meeting is scheduled for May 9, 2017 at 2:30 PM at the Scottsboro Board of Education Board Room.This notice was made at the school board link above.

Per the laws of the State of Alabama, "Code of Alabama - Section 36-25A-3  (4) A local school board shall post notice of each meeting on a bulletin board at a place convenient to the public in the central administrative office of the board." There is no visible bulletin board at the school board office for such public postings. An alternative posting place would be the inside on the glass door entry ways of the west and south main entrances to the school board office. These suggestions were made to the Superintendent, Board President and Secretary to insure the requirements of the open meetings laws are met for the benefit of public notification.

Specific information regarding the Alabama Open Meetings Act and changes may be found at the Secretary of State site: https://www.openmeetings.alabama.gov/generalpublic/publicdefault.aspx

Mrs. Gentry was elected as the President of the School Board, Ms. Stewart as the President Pro-Tem.  

AGENDA

VIDEO Part 1

                                             VIDEO Part 2

Nuclear Regulatory Commission Open house and Public Comment Session onTennessee Valley Authority's Early Site Permit Application for Small Modular Reactors at the Clinch River Site, Oak Ridge, Tennessee - April 12, 2016 (Updated Apr. 16, 2016)

Small Modular Reactor Designs - Fair Use for non-profit news reporting, graphic from http://www.greentechmedia.com/articles/read/Small-Modular-Reactor-Startup-Using-Molten-Salt-Nuclear-Design-Wins-7M-in

"TVA wants to build the small modular reactor (SMR) in an area on the Clinch River near the southwest edge of Oak Ridge.  This is the same site where TVA proposed to build the breeder reactor in the 1980s that was scrapped due to budget cuts and safety concerns." News article with video: http://www.wbir.com/news/local/tva-applying-for-permit-to-build-smaller-nuclear-reactor-in-oak-ridge/112723402

Union of Concerned Scientists - SMR's will not resolve cost, safety and security problems

WASHINGTON (September 26, 2013)—Nuclear power proponents pinning their hopes on small modular nuclear reactors to resurrect the industry’s fortunes will likely be disappointed, according to a report released today by the Union of Concerned Scientists (UCS). The report, Small Isn’t Always Beautiful, concludes it will be extremely difficult for small reactors—which are less than a third the size of a standard 1,000-megawatt nuclear reactor—to generate less expensive electricity and, at the same time, be safer than their larger cousins.

“Nuclear safety and security don’t come cheap,” said UCS Senior Scientist Edwin Lyman, the author of the report. “A utility that thinks it can have its own little nuclear reactor at a bargain-basement price may get exactly what it pays for: a plant more vulnerable to serious accidents and terrorist attacks.” http://www.ucsusa.org/news/press_release/small-modular-nuclear-reactor-0404.html#.VxFoPZX2bIV

BREDL/BEST/MATRR

On April 12 from 1 p.m. to 4 p.m. members of the Bellefonte Efficiency and Sustainability Team/Mothers Against Tennessee River Radiation (BEST/MATRR), a local chapter of the Blue Ridge Environmental Defense League (BREDL) attended the open house and information session. We conducted interviews with TVA Clinch River Project Manager, Dan Stout, and the Attorney with the Tennessee Sierra Club, Brian Paddock. The information session was held at the Pollard Center on the campus of Oak Ridge Associated Universities, Oak Ridge Tennessee.

SafeCast Ionizing Radiation Monitoring at Oak Ridge and Environs - 

https://api.safecast.org/en-US/bgeigie_imports/22565

High Count per Minute was 46cpm, low was 18cpm. The B-geigy Monitor was mounted on the right side of the vehicle 1 meter from ground level. Counts Per Minute (cpm) were within normal background radiation parameters for the area.

VIDEOS

Introductory Video

Interview with Dan Stout, TVA Project Manager, Clinch River SMR Site


Interview with Brian Paddock, Esq., Attorney with the Tennessee Sierra Club


NRC Explanation of Early Site Permit Process, selected segments.


Citizen Comments, Questions and Concerns, selected segments.


NRC VIDEO on SMR's - Nov 13, 2014



TVA Slide Show on SMR's http://www.slideshare.net/orau/stout-tva-day-1-panel-1


DOE on SMR's http://www.energy.gov/ne/nuclear-reactor-technologies/small-modular-nuclear-reactors

Small Modular Reactors Not Likely Before 2020  http://oakridgetoday.com/2016/04/13/small-nuclear-reactors-not-likely-before-mid-2020s/

NRC - Tennessee Valley Authority Clinch River Site Early Site Permit Application 
Tennessee Valley Authority (TVA) intends to submit an Early Site Permit Application (ESPA) for two or more small modular reactor (SMR) modules (up to 800 MWe, 2420 MWt) at the Clinch River Nuclear (CRN) site to the NRC for review in the second quarter of NRC fiscal year (FY) 2016 (first quarter of calendar year (CY) 2016). The application will use the Plant Parameter Envelope (PPE) approach, by which an applicant provides sufficient bounding parameters and characteristics of the reactor or reactors, and the associated facilities, so that assessments of site safety and environmental suitability can be made by NRC.

For additional information, please use the Advanced Web Search feature of our Agencywide Documents Access and Management System (ADAMS), and enter PROJ0785 in the "Docket Number" field.
For additional detail, see the following topics on this page:

• Letters and Other Pre-Application Correspondence
• Regulatory Framework Development

 http://www.nrc.gov/reactors/advanced/clinch-river.html

                                BREDL FACT SHEET ON SMR's
                        Click on image for an expanded view.)

Complaint to the Nuclear Regulatory Commission OIG for violation of the Federal Sunshine in Government Act. 

The NRC held a separate meeting for public officials at 9AM on April 12, 2016. This separate meeting makes no sense, since the only information to be presented is allegedly public information. The separate meeting effectively isolates public officials from the public. The NRC General counsel has confirmed receipt of this complaint.

COMPLAINT TEXT

NRC OIG Complaint – 4-8-16 
Subject: Separate Meeting for public officials Regarding SMR Project.
From: Garry Morgan, Scottsboro, Alabama


Violation of Government in the Sunshine Act Pub.L. 94–409, 90 Stat. 1241, 5 U.S.C. § 552b - Regarding holding a separate meeting, secret meeting, with local public officials, outside of a public meetings scheduled on April 12, 2016 - Reference NRC Public Affairs Notice 16-016, regarding Small Modular Reactors at the Clinch River Site near Oak Ridge, Tn. There is no mention of the separate secret meeting in the official notice with public officials which is scheduled on 4-12-16 at 9AM, location Hilton Hotel or Pollard Auditorium, per "un-named" (names redacted, confirmed from 2 separate officials) NRC Officials.


Although this is not a deliberation of the Nuclear Regulatory Commission it is a Public Meeting as scheduled and there will be many different public officials from various public entities attending this secret meeting for public officials which is allegedly to discuss the same information to be presented at the afternoon and evening public meetings in the described NRC meeting announcement. 


Why a secret meeting prior to the regularly scheduled meeting? Could it be there are site problems or other problems which the DOE, NRC, TVA does not want the public to know about? Are there secret site plans which federal and local officials will consider which the various federal agencies involved do not want the public atlarge to be aware? Surely all involved want to hear public comments - why would a federal agency move to isolate public officials from the public? Is there a need for secrecy involving what should be public information? 


The legislative intent of the Sunshine Act is as follows: "The basic premise of the sunshine legislation is that, in the words of federalist No. 49, 'the people are the only legitimate foundation of power, and it is from them that the constitutional charter ... is derived.' Government is and should be the servant of the people, and it should be fully accountable to them for the actions which it supposedly takes on their behalf." (U.S.C.C.A.N. 2183, 2186).


The NRC's intentional isolation of various government officials from the public in a separate meeting violates the very spirit and intent of the United States of America's Federal Sunshine in Government Act. Many items discussed in these public meetings will be deliberated on at a later date in various governmental entities. 


It is vitally important that all government officials hear all public input, not just the input from federal officials and contractors connected with the Small Modular Reactor Projects. Holding a separate public officials meeting isolates public officials from the electorate, taxpayers and ratepayers, the stakeholders which the NRC are supposed to protect. 


Isolation of public officials from the public in a separate secret meeting for public officials does not facilitate open government as described in the Federal Sunshine Act and does not display
your role as the regulator in a positive light, the isolation of public officials by holding a separate meeting for public officials violates the intent of the Federal Sunshine Act.


I am asking the NRC OIG to initiate action to stop any separate meeting which isolates public officials from the public in NRC Public Meetings.

Scottsboro City Council Regular Session December 28,2015

(photo by G. Morgan)

 Scottsboro City Council President Patrick Stewart formed four Committees to examine the issue of the Mayor's Capital expenditure plan which involved $3 million dollars in funding for four projects. The one item on the Scottboro City Council agenda died due to a lack of a motion - Mayor's Capital Expense Projects

The Capital Expense projects would be funded via a bond issue or local bank financing thus increasing City Debt. The city council sent a clear message to Mayor Potter about his plan to continue the increase in city debt. Blog articles on city bond debt, 2009-2014 -  http://arklite.blogspot.com/search/label/Scottsboro%20Bond%20Issues

Committees: 1) Renovation of Veterans Field, $1 million; committee members - Councilman Gary Stewart, Mayor Potter, Mark Pepper. 2) Renovation of Swimming Pool, $1 million, committee members: Councilman Brent Miller, Mayor and one other. 3) Renovation of Fire Station #3, $500K; Councilman Tony Wallingsford, Mayor Potter, Fire Chief Nichols.4) Heritage Center Addition/Renovation, $500K, Councilman Keith Smith, Mayor Potter, Center Director Judy Weaver.

The committees are required to announce the date, time and meeting place of their committee meeting as required by the Revised Open Meetings Act. Council President Steward stated the committees would file their reports with the council by Feb. 1, 2016. 

VIDEO

UPDATE: JAN. 2, 2015 - NOTE TO THE SCOTTSBORO CITY COUNCIL - If you are going to serve the people, do your job professionally and to the best of your abilities, the citizen tax-payers of Scottsboro deserve nothing less.

Would it be possible to post a link to the City Council Rules of Order on the City's web site or on this Face Book site? (Note: This message was posted to the City of Scottsboro's Face Book site at https://www.facebook.com/City-of-Scottsboro-Alabama-166218866760540/?fref=ts  )

Posting of the Scottsboro City Council's rules of order are necessary since the City Council President did not make a formal statement regarding the dead issue of the Capital Projects, the issue died due to a lack of a motion. Unfortunately, the lack of a motion was not formally declared. Mr. Stewart immediately moved into the naming of committees to study and report to the council on the various projects of the Capital Projects Issue, but it was a dead issue due to a lack of a motion. A point of order should have been called by a member of the city council, this was not accomplished, the silence was deafening! Mr. Smith did question the dead issue, but even so, Mr. Stewart continued unchallenged,

There were also indications during the meeting and after the meeting that the issue had been pre-planned and a discussion had occurred prior to the council meeting about the course of action of the meeting which may be a violation of the open meetings act.

I thought the Council President’s conduct to be highly unusual and not within the normal meeting course of conduct and probably violated the rules of order, particularly since the issue died due to a lack of a motion. It would seem the proper course of action would have been to bring this issue forward at the next council work session for a discussion, then place the committee issue on the agenda at the next voting council meeting.

Scottsboro City Council Regular Session, January 12, 2015 Updated - 1-18-15 Redevelopment Authority, Violation of Open Meetings Law

Scottsboro City Hall photo by G. Morgan

AGENDA

(click on image for an expanded view)

Scottsboro Redevelopment Authority is scheduled to meet on Thursday,  January 15, 2015 at 5PM.  Update - Jan. 18, 2015 For the second month in a row the Redevelopment Authority has not met. December a sickness excuse was utilized, this month the weather excuse was utilized. Scheduling a meeting, then not meeting with the excuses given indicates a decision was made outside of the required open meeting process. The Open Meetings Law was violated. Once the meeting was scheduled it should have been held. Whether a quorum was present would have been determined at the time of the scheduled meeting. Secret decisions and secret meetings are forbidden by state law. 

Code of Alabama  Section 36-25A-3

 The "faux front" building on Laurel Street, which was transfered to the City of Scottsboro, former Derrick Real Estate Office destroyed by fire, has subsequently been transferred to the Redevelopment Authority by the city. Unfortunately, there is a question of who is carrying the insurance on the structure. The new authority is a separate corporate entity responsible for all actions. Downtown Redevelopment Authorities are governed under the Code of Alabama, Legislative intent, Section 11-54A-1 describes its purpose .

WHNT-TV Huntsville, Al. story about the building and deal: http://whnt.com/2014/11/24/vacant-property-could-see-new-life-in-downtown-scottsboro/

This is how it was suppose to look. The WHNT article contains a picture of how it looks today.

(photo by G. Morgan)

Several important issues were passed at tonights City Council Meeting: 1) Surplus equipment was authorized for sale. 2) Pawn Shop Ordinance was passed, Orginance #585. 2) A Public works Department was approved; this position will manage the Street Department and the Solid Waste Department. 3) Vehicle Maintenance Director position was created. 4) Information Technology position was created. 

Mrs Debbie Taylor, long term Scottsboro employee and the Mayors Secretary passed away this past week after a long bout with cancer. 

Dr. James Williams, long time Scottsboro Veterinarian passed away this past week. Dr Williams will be missed. Dr Williams had been practicing in Scottsboro since 1973 according to the Williams Animal clinic web site.

Picture of former Williams Animal Clinic staff, Dr. Williams is front left in blue smock. (photo Williams Animal Clinic web site - Fair Use for non-profit news reporting)

VIDEO

TVA SECRECY, Federal Sunshine Law

We are the TVA, shh, we have secrets and treat our ratepayers like mushrooms. Meanwhile, the local political gentry care specifically about TVA in lieu of tax money, not about the health, welfare and law governing the actions of government.

The TVA has a continuing problem with open deliberations as required by the Federal Sunshine Act. Commission Chairperson Sadie Bias along with Chamber of Commerce Director Rick Roden attended a tour, luncheon and discussion of Bellefonte prior to a TVA Board decission with a quorum of TVA Board members and staff concerning the Bellefonte Plant. Decisions do not have to be made for the law to be violated, any deliberation of an issue which may come before the board at a later date is a violation. http://www.tennessean.com/article/20110910/NEWS11/309100046/Critics-say-TVA-operates-secrecy

The "Tennessean" article quotes Spokeswoman Barbara Martocci, "[she] said informal board gatherings are briefings that meet the letter of the law..." "Board Chairman Dennis Bottorff of Nashville said great effort is made to be open.“That was a tour,” he said. “There weren't any kind of decisions being made."

If a briefing is conducted that is a discussion of information which may come before the board at a later date. The meeting was not just a luncheon as TVA officials would have you to believe, it was a "briefing" and discussion about the nuclear plant as TVA officials admit. The Federal Sunshine Law contains more than just provisions for decission making, the law covers deliberations of a quorum of Board Members.

Issues of Open Meetings and secret decission making has been an issue for the Jackson County Commission on previous occasions. The TVA has been chastised for its brand of secrecy as a government entity. It frequently attempts to use excuses such as commercial exceptions to avoid Freedom of Information Act disclosures. The TVA Committee process is a ruse to disguise secret meetings where approvals are made behind closed doors prior to the TVA Board meetings.

Jackson County Commission Agendas/Work Session and Regular Meeting

Mr. Tommy Bryant of the North Jackson Water Authority made presentation concerning a $822K grant along County Road 93. (Oct 21 work session)

Dr. Ellen Spears, Professor University of Alabama New College, makes presentation to the Jackson County Commission concerning the University's support and many other Universities scholastic support of the Scottsboro Boys Museum and Cultural Center. (Oct 21 work session)

Director of the Scottsboro Boys Museum, Ms. Sheila Washington makes request for funding assistance of the Scottsboro Boys Museum. It was suggested by Commissioner Jack Allen that the museum seek support from the Chamber of Commerce since they receive all tourism dollars form county and state sources. Ms. Washington had been told when submitting the request for money last year that the commission had no money to give the museum, to return this year. The commission has however, furnished money to the Scottsboro/Jackson Heritage Center last year and this year. (Oct 21 work session)

Ms. Donna Haislip makes presentation concerning the United Givers Fund. (Oct 21 work session)

Commissioner Gaylon Stone questioned Ms. Haislip concerning how much money of the United Givers Fund is utilized for administrative expense. (Oct 21 work session)

Judge Graham makes Work Session request on Court fixture improvements needed, presented during the Oct 21st work session. Needed improvements are sound system and handicap accessible juror areas.

Page 1 of Monday's Jackson County Commission meeting agenda. (click on image to expand view)

Page 2 Of Monday, Oct 25, 2010 Jackson County Commission meeting minutes. Road Funds article from The Clarion: http://www.theclarion.org/index.php?option=com_content&view=article&id=435:road-funds-expected-to-return-to-normal&catid=42:clarion-rotation-stories&Itemid=142

Item C on the agenda under new business, Daily Sentinel article: http://thedailysentinel.com/news/article_23e49fac-e161-11df-bb49-001cc4c03286.html

Dog-n-Pony Show Work Session, apparently the Commission still has problems with the conduct of their meetings. We have laws and policy establishing proceedures but the laws have no meaning with none to enforce them and correct the violations of this commission. Is there no one on the County Commission that is willing to say enough is enough!? Special Called Meeting held during the work session, work session was not adjourned. No agenda for the Special Called meeting.

Work Session agenda for October 21, 2010. (See pictures above) There was also a Called Special Meeting during this session. There was no published agenda for the Special Called Meeting. The Special Meeting was held during the Work Session without properly adjourning the work session. More examples of improperly conducted of Commission meetings in violation of the Alabama Open Meetings Law and Commission meetings standards as specified in the Code of Alabama. (click on image for an expanded view)

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Special Called Meeting: Cable Service was the subject of the Special Called meeting. Bravo to Jack Allen who voted no on the Cable issue due to the meeting not being conducted properly with no published agenda. The commission adjourned into an executive Session for 15 minutes to discuss pending litigation.

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Enough is enough County Commission, please conduct your meetings properly or step down and allow someone who will conduct the meetings properly with a proper, published agenda. After 2 years we should not be having these serious lapses in established procedures of the County Commission. Why have procedural laws if they are not going to be followed or enforced?