JAMES MADISON QUOTE - 1822

"A popular government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power knowledge gives."

SCOTTSBORO WEATHER - SUN & MOON RISE

Showing posts with label Public Records Request. Show all posts
Showing posts with label Public Records Request. Show all posts

Tuesday, March 2, 2021

March 1, 2021 - Scottsboro, Alabama - Scottsboro City Council Work Session - Agenda, Video, Audit Information -The Scottsboro "State Audit" Affair - Confusion of City Council Member Regarding Audit of City of Scottsboro - UPDATE - March 2, 2021 Regarding Audit Types and 3 Months of Audit Issues

 

Scottsboro City Hall, photo by G. Morgan
(Updates March 2, 2021 - The Scottsboro "State Audit Affair" with video, and more audit info, with links.)

AGENDA

Item 9 on Agenda - Information on Audits
Types of Audits (The International Standards for the Professional Practice of Internal Auditing​.) 
  • Operational Audits - Examine the use of unit resources to evaluate whether those resources are being used in the most effective and efficient manner to fulfill the University’s mission and objectives. An operational audit may include elements of the other audit types listed below.
  • Financial Audits - Focus on accounting and reporting of financial transactions, including commitments, authorizations, and receipt and disbursement of funds. The purpose of this type of audit is to verify that there are sufficient controls over cash and cash-like assets, and that there are adequate process controls over the acquisition and use of resources. Unlike external financial audits, internal financial audits do not prepare or express professional opinions on the fairness of the presentation of financial statements.
  • Compliance Audits - Review adherence to laws, regulations, policies, and procedures. Examples include federal and state law, policies, and directives. Recommendations typically call for improvements in processes and controls intended to ensure compliance with regulations.
  • Information Systems (IS) Audits - Examine the internal control environment of automated information processing systems and how people use those systems. IS audits typically evaluate system input, output, and processing controls; backup and recovery plan; system security; and computer facility reviews. IS auditing projects can focus on existing systems, as well as systems in the development stage.
  • Internal Control Reviews - Focus on the components of the university and auxiliary organization major business activities. Areas such as payroll and benefits, cash handling, inventory and equipment and their physical security, grants and contracts, and financial reporting are usually subject to review.
  • Investigations - Seek to establish evidence of impropriety; imply a systematic track-down of information the auditor hopes to discover or needs to know. Investigations include alleged instances of fraud, waste and abuse, and improper governmental activities. 
  • Auditing Info from Cal State Fair Use for non-profit news reporting, education and commentary. 

      Internal vs. Compliance Audit

Internal audits are carried out by employees of an organization to gauge overall risks to compliance and security and to determine whether internal guidelines are being followed. Internal audits occur throughout the fiscal year and reports can be used by management teams to identify areas that require improvement. Internal audits measure company objectives against output and strategic risks.

External audits are formal compliance audits that are carried out by independent third parties and follow a specific format that is determined based on the compliance regulation being assessed. External audit reports measure if an organization is complying with state, federal or organization regulations, rules and standards.

An auditor's report is used by regulators to assess possible fines for noncompliance, or to prove regulatory compliance. 

     Compliance Audit Procedures

External audits begin with a meeting between organization/department representatives and compliance auditors to outline compliance checklists, guidelines and the scope of the audit. The auditor conducts reviews of employee performance, studies internal controls, assesses documents and checks for compliance in individual departments. 

Auditors review compliance processes as a whole and create a final audit report. Compliance auditors provide details to leadership about the organization's level of compliance adherence, any violations and suggestions for improvement. The audit report is eventually released publicly.

     Importance of Compliance Auditing

Compliance auditing, either internal or external, can help identify weaknesses in regulatory compliance processes and create paths for improvement. In some cases, guidance provided by a compliance audit can help reduce risk, while also avoiding potential legal trouble as a result of non-compliance.

 Compliance auditing provides an outline of internal organizational processes that can be changed or improved as regulations and requirements change.

Fair use information for non-profit news reporting, education and commentary from Tech Target - Compliance Auditing - Link: https://searchcompliance.techtarget.com/definition/compliance-audit

Three Standards 1) Governance, 2) Risk Management, 3) Controls - Please refer to the links above from Cal State and Tech Target for more specifics.


Audits of Municipalities
(Click on image to expand.)


VIDEO

Audit Video, 32 minutes, Scottsboro "State Audit" Affair 

Tuesday, February 23, 2021

Scottsboro, Alabama - February 22, 2021 - Scottsboro City Council Meeting Regular Session - Continuation of the Wheeler Affair - Presentation of Garry Morgan in Support of Forensic Audit, Failure to Produce Records per Records Request in Violation of State Law from 2019 Relating to Disciplinary Action as a Result of Sexual Discrimination/Sexual Harassment, Failure to Produce Requested Corrective Actions Records --- Jackson County Commission Meeting - February 22, 2019 - Video Link and Agenda

 

Scottsboro City Hall, photo by G. Morgan
(Article updated and edited 2-23-21)

The Wheeler Affair, the Cover-up of Sexual Discrimination, Patterns of Organizational Misconduct, Reports and Disciplinary Actions 

Think about this fellow citizens - Early in 2019 an attorney who specializes in Sexual Discrimination, Sexual Harassment, Creation of a Hostile Work Environment, Ms. Hope Hicks, Esq., was paid $11,800 to investigate and make Recommendations to the City of Scottsboro. She made her report, it exists within the files of the City of Scottsboro, inquiries reveal it was a scathing report, there were disciplinary actions taken; attempts then and now are made to keep this report and the resulting actions hidden. How many of you fellow citizens have heard about her report and recommendations of disciplinary actions?? 

Unfortunately, some public officials, elected and appointed, forget who they work for, it is "We the People." Will someone, other than me, please inform Scottsboro Mayor Jim McCamy, that disciplinary records of employees are releasable per official records request, made twice now. Further, Mayor McCamy is the decision maker, the city attorney is his advisor, not the voice in his head telling him what to do.

AGENDA
(Click on image to expand.)


VIDEO


PRESENTATION DOCUMENTS - RECORDS REQUEST
(Click on image to expand document)  My presentation begins at 10 min. 5 sec. in the above video.


PREVIOUS LETTER TO CITY COUNCIL ON JUNE 24, 2019, (below links listed) REGARDING THIS REQUEST FOR DOCUMENTS DEMONSTRATES NOT ONLY AN INTENTIONAL COVERUP, AND FAILURE TO PRODUCE DOCUMENTS, AN ALLEDGED CRIMINAL ACT, CODE OF ALABAMA 13A-10-12  LINK:  https://law.justia.com/codes/alabama/2006/13297/13a-10-12.html#:~:text=2006%20Alabama%20Code%20%2D%20Section%2013A,12%20%E2%80%94%20Tampering%20with%20governmental%20records.&text=(3)%20Knowing%20he%20lacks%20the,for%20examination%20or%20other%20purposes.

REQUIREMENT TO PRODUCE RECORDS REQUESTED
CODE OF ALABAMA 36-12-40   

There is no longer an Attorney General's Investigation, which was blocking the disclosure of the documents. Previous letter to council on June 24, 2019 (Click on image to expand document.)

Blog Articles Related to the Wheeler Affair:   https://arklite.blogspot.com/search/label/Wheeler%20Affair

***
JACKSON COUNTY COMMISSION
Jackson County Courthouse, North Entrance, photo by G. Morgan

AGENDA
(Click on image to expand.)
There was an Executive Session regarding the good name and character of an individual.

FACEBOOK LINK TO THE JACKSON COUNTY COMMISSION MEETING

Tuesday, February 16, 2021

February 15, 2021 - Scottsboro, Alabama - Scottsboro City Council Work Session - Support of Forensic Audit - Issues of Accountability and Disclosure - Records Requests, The Need for a Forensic Audit

 

Scottsboro City Hall, photo by G. Morgan

AGENDA
(Click on image to expand view.)

Support of Council Member Tolliver's Request for a Forensic Audit

Presentation by Garry Morgan, begins at 25 min. and 34 sec. in the video.
Items presented which support forensic audit. Elected Officials, Council Members and the Mayor, were informed I would gladly discuss the general matters mentioned in specific terms with any elected officials interested. I will not make a specific presentation of the items listed due to the good name a character of individuals involved. 
General subject Matter Regarding the Need for a Forensic Audit: 1) Financial Accountability; 2) Property Accountability; 3) Conflicts of Interest, internal and external; 4) Sexual Discrimination; 5) Violation of Civil Rights; 6) Retirement of Financial Director within the next year. This appears to be disputed, however it is my understanding due to a disciplinary action an agreement was made between the former Mayor and the Financial Director that a retirement would be forthcoming in the 2022 year time frame. 

RECORDS REQUESTS - LINKS LISTED TO SPECIFIC ARTICLES

False Allegations, Sexual Harassment, Conspiracy, Investigation by Alabama A.G

Information regarding records request disclosure regarding incident. "Failure to Disclose Records - What is it city officials are attempting to hide?"  https://arklite.blogspot.com/2019/06/sunlight-needed-in-scottsboro-city.html 

Records were not disclosed in violation of law. Other disciplinary actions of City Department Heads have been disclosed, but not this one. There are other incidents related to this disclosure and possible misconduct. For Example: "SCOTTSBORO MUNICIPAL COURT INVESTIGATION - "NO VIOLATIONS" SAYS MUNICIPAL JUDGE AS REPORTED BY THE ALABAMA ATTORNEY GENERAL INVESTIGATORS. ALLEGATIONS OF FALSE STATEMENTS, SEXUAL HARASSMENT AND CREATION OF A HOSTILE WORK ENVIRONMENT AGAINST FEMALE PERSONNEL HAVE NOT BEEN ADDRESSED IN PUBLIC BY CITY OFFICIALS, NOR HAVE CORRECTIVE ACTIONS BEEN DIVULGED OR DISCUSSED BY CITY OFFICIALS TO THE PUBLIC."   https://arklite.blogspot.com/2019/08/scottsboro-alabama-august-19-2019.html 

VIDEO



Two specific public records requests related to the "Wheeler Affair."

Date of Records Request - March 19, 2019

 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. 

*NOTE ABOVE: Item 2 was provided, complaint of Ms. Caroline Starr, Scottsboro city Magistrate. Later documentation from the new Scottsboro Municipal Judge, Honorable Daryl Eustace with comments from the State Attorney General was provided clearing Ms. Starr and other female personnel in the Magistrates Office.) Items 1 and 3 were not provided.

 **After the City of Scottsboro spending $11,000 to pay Ms. Hope Hicks, a private attorney from Montgomery Alabama specializing in Sexual Harassment/Discrimination case law, for an investigation into Sexual Discrimination/Sexual Harassment/Creation of Hostile Work Environment/Violation of Civil Rights, I find it hard to believe that documentation regarding the investigation she conducted, and resulting recommendations, were not available per law of the State of Alabama.

Second Records Request

May 10, 2019 - Public Records Request to the Mayor and City Clerk of the City of Scottsboro, Alabama. 

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 – (on or about) February 1, 2019 thru May 3, 2019

   1)  Records Requested:  Reply to Mrs. Caroline Starr’s complaint to the City of Scottsboro on Municipal Court Letterhead regarding “Harassment,” alleged false reports by City of Scottsboro Finance Director Rick Wheeler and Former Municipal Judge Scott Berry. Only date on Mrs. Starr’s complaint is January 8, 2019. (Ms. Starr cleared per email of Honorable Daryl Eustace regarding finding of the Alabama  A.G.. Ms. Starr's complaint was provided.)

    2)  Records Requested: Disciplinary Action document, dates between February 1, 2019 and April 30, 2019 -   Written Reprimand from the Mayor of Scottsboro Robin Shelton regarding Scottsboro Director of Finance Rick Wheeler involving complaints registered to the City of Scottsboro involving “harassment,” alleged misconduct toward Mrs. Caroline Starr and/or other personnel in the Municipal Court.

    3)  Records Requested: Scottsboro Director of Finance Rick Wheeler’s reply to Disciplinary Action document/Written Reprimand addressed to the Mayor of Scottsboro Robin Shelton, dates between March 1, 2019 and May 1, 2019

 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.

 --It was confirmed the documents listed in request items 2 and 3 above existed but were not provided in my records request as required per state law. 

Previous Disciplinary Action documents of other department directors were provided. Was there an official reason for not disclosing the records requested in writing as required by the law, i.e. specific legal exemption per law. Inquiries revealed: 1) A cover-up of the events related to sexual discrimination; 2) non-disclosure of secret agreements related to Mr. Wheeler and the City of Scottsboro and 3) Documents related to an investigation, corrective actions recommended, by a hired attorney not disclosed regarding previous records request.


All public records request info: 

Monday, February 1, 2021

February 1, 2021 - Scottsboro, Alabama - Scottsboro City Council Work Session - Citizen Presentations regarding CASA - Update - February 4, 2021 - "Feel'n the "Bern"," Part 1 - Responsibilities Regarding Main Street-Downtown Scottsboro, Scottsboro Trade Days Leadership Responsibility, Who is Responsible, Where Does the Money Go and Why Political Censorship/Violation of Civil Rights and Alabama Constitutional Rights as to Speech on Facebook by Organizations Funded by Scottsboro, Regulated and Advertised by the City of Scottsboro - Records Request

 

Scottsboro City Hall, photo by G.Morgan

AGENDA

Alabama State Motto - Fair Use for non-profit news reporting and commentary (unknown photographer)

Responsibilities and Political Speech/Censorship - "Feel'n The "Bern" Part-1 (Part 2 Next Week)
 Does Senator Sanders Political Platform Represent "Mainstreet - Downtown Scottsboro" or the City of Scottsboro at the Published Address Below?.
Senator Sanders' Web Site: https://berniesanders.com/
(photos below)

Senator Bernie Sanders Pictures on City of Scottsboro Affiliated Sites
Yes, City of Scottsboro - "Downtown Scottsboro - Main Street" - Note the Address, 316 S. Broad St., Scottsboro, Al., 35768 - That is the Address of Scottsboro City Hall.
Photo captures of Facebook posting of "Downtown Scottsboro-Main Street," (images are public domain) address City Hall, Scottsboro, Al. a site which I was censored and blocked for placing this comment after the Senator Bernie Sanders pictures: "We shall never forget. ""After serving in the Air National Guard and dreaming of becoming a police officer, Brian D. Sicknick joined the Capitol Police force in 2008. He died the day after he was overpowered and beaten by rioters from the mob at the Capitol."" . Names/photos are altered on the Facebook posting photo above to protect innocent merchants or individuals. Fair Use for non-profit news reporting and commentary.

Three images from the Downtown Scottsboro Facebook site representing Senator Bernie Sanders. These images are in the public domain.
Senator Sanders political platform on issues: https://berniesanders.com/issues/
Senator Sanders public domain photos Photos from Downtown Scottsboro - Main Street Facebook site page. Fair Use for non-profit news reporting and commentary. 
Does Senator Sanders represent Downtown Scottsboro - Mainstreet Scottsboro or the City of Scottsboro? Why is it that only Senator Sanders photos are posted? No other political photos were allowed, other photos were censored, such as these 2 below.

"Trump Shouts: Come to Scottsboro Trade Days."
Royalty Free - clipart.com - Fair Use for non-profit news reporting and commentary

"MeMaw says: Look what I found at Scottsboro Trade Days."
Unknown photographer - Fair Use for non-profit news reporting and commentary.

This statement and other photos of political persons resulted in censorship, photos and this statement removed, including blocking from posting on the City's Facebook sites listed. "We shall never forget. ""After serving in the Air National Guard and dreaming of becoming a police officer, Brian D. Sicknick joined the Capitol Police force in 2008. He died the day after he was overpowered and beaten by rioters from the mob at the Capitol."" Quote in part from New York Times article about the murdered Capital Police Officer during the Sedition and Insurrection riot in Washington, D.C. .
The sites where the political censorship and blocking occurred are associated with the City of Scottsboro Alabama in its official capacity. Trade Day is regulated and sponsored and advertised by the City of Scottsboro while the Main Street-Downtown Scottsboro is funded in part by the City of Scottsboro tax payers.

Censorship actions such as this violates Alabama's Constitution: "SECTION 4 Freedom of speech and press. - That no law shall ever be passed to curtail or restrain the liberty of speech or of the press; and any person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty."


Freedom of Speech on Social Media - The Unincorporated Town Concept Regarding Social Media
Congressional Research Service attorneys have linked, Marsh vs Alabama (1945) Supreme Court Decision, to the concept of speech and inappropriate censorship of speech on social media involving the "Unincorporated Town Concept:" Pg 23  https://fas.org/sgp/crs/misc/R45650.pdf

Two Issues as mentioned below and in the records request.   

1) Political Speech Policy on your Facebook Sites and official policy regarding Political speech related to the Main Street Program and related organizations.

2) Organizational chart of the Main Street Program and all subsidiary connections, agreements e.g. Downtown Scottsboro, and Scottsboro Trade Days.. To include your financial and organizational status relationship with the City of Scottsboro, Alabama and any other public entity connections.

This information may be provided by mail, address below, or I will be glad to pick up the documents requested at your listed address, which is the City of Scottsboro, Scottsboro City Hall, 316 S. Broad St., Scottsboro, Alabama 35768

                                           Records Request

VIDEO

Tuesday, August 20, 2019

Scottsboro, Alabama August 19, 2019 Scottsboro City Council Work Session - Scottsboro Municipal Court Investigation by Alabama Attorney General, No Violations Found, False Statements Made to Investigators per Complaint and Sexual Harassment/Creation of Hostile Work Environment Not Addressed by City Officials - Alabama Bass Trail Championship Coming in October to Goosepond Colony

Scottsboro City Hall, Night Scene, Photo by G. Morgan

SCOTTSBORO MUNICIPAL COURT INVESTIGATION - "NO VIOLATIONS" SAYS MUNICIPAL JUDGE AS REPORTED BY THE ALABAMA ATTORNEY GENERAL INVESTIGATORS. ALLEGATIONS OF FALSE STATEMENTS, SEXUAL HARASSMENT AND CREATION OF A HOSTILE WORK ENVIRONMENT AGAINST FEMALE PERSONNEL HAVE NOT BEEN ADDRESSED IN PUBLIC BY CITY OFFICIALS, NOR HAVE CORRECTIVE ACTIONS BEEN DIVULGED OR DISCUSSED BY CITY OFFICIALS TO THE PUBLIC.



COMPLAINT BY SCOTTSBORO MUNICIPAL COURT MAGISTRATE AND CLERK

EMAIL FROM SCOTTSBORO MUNICIPAL COURT JUDGE CLEARING SCOTTSBORO MUNICIPAL COURT PERSONNEL, SPECIFICALLY THE COURT CLERK AND MAGISTRATE.



AGENDA

Image by Alabama Bass Trail - Fair Use for non-profit news reporting

ALABAMA BASS TRAIL CHAMPIONSHIP TOURNAMENT COMING TO SCOTTSBORO'S GOOSEPOND COLONY IN OCTOBER. https://www.alabamabasstrail.org/

Chamber of Commerce CEO Rick Roden made presentation regarding Scottsboro hosting the Alabama Bass Trail next month, requested Tourism Funding of $10,000 from the city, return of the investment said to be $450,000, spent in the city during the event, $6500 to be paid by the Chamber. However, it was reported the City of Scottsboro's Tourism fund has been depleted. Mr. Roden commented that if the city could not help, the Chamber would pay the full amount. Mr. Roden further commented that apparently in the transition of the former Tourism Director's retirement, the events request for funding was not brought forward to the city council.

VIDEO OF COUNCIL WORK SESSION

Tuesday, June 25, 2019

June 24, 2019 Scottsboro, Alabama - Scottsboro City Council Regular Session - Records Disclosure Issues, Open Government

Scottsboro City Hall, photo by G. Morgan

AGENDA
(Click on image for an expanded view.)
VIDEO OF COUNCIL MEETING


VIDEO - RECORDS DISCLOSURE ISSUE
Hear the beep at the beginning of the video (at 12 sec), that is the activation of Scottsboro's recording system - for the public official(s) afraid of open government, and afraid of disclosures, here is another video angle for you of my presentation.



RECORDS DISCLOSURE ISSUE with Enclosures
(Click on image for an expanded view.)

Complaint from Municipal Court Clerk and Magistrate

Records Request
Reason for non-disclosure, from city attorney