Scottsboro, Alabama - August 24, 2020 - Scottsboro Mayors Race and the Controversy - UPDATE September 3, 2020 Secretary of State, Circumvention of State Law, UPDATE August 26, 2020, Political Retribution, Partisanship in a Non-Partisan Election Proves Costly, Robo Calls - UPDATE: August 25, 2020 McCamy Wins Mayor's Election, FATPAC Mysteriously Disappears From Facebook - August 1, 2020 Mayor's Race Video Interviews

Scottsboro City Hall, photo by G. Morgan

UPDATE - August 25, 2020 - McCamy wins Mayor's election, FATPAC (link below) Forwarding Alabama Together, mysteriously disappears from Facebook after disinformation and deceit aimed at the current Mayor Robin Shelton.

UPDATE September 3, 2020

"Funding source of campaign attack ad remains a mystery -Secretary of State, says "circumvention of state law."

FYI regarding FATPAC, Forwarding Alabama Together, attack ad which included current Scottsboro Mayor Robin Shelton attack on Facebook.  Secretary of State, John Merrell calls the venture a circumvention of state law.

"Funding source of campaign attack ad remains a mystery" - By Eric  Fleischauer   www.decaturdaily.com

" — An attack ad released on Facebook two days before the municipal election slammed the candidate who most aggressively challenged incumbent Decatur Mayor Tab Bowling, but voters still have no way to figure out who paid for it. Alabama Secretary of State John Merrill last week called the secretive venture a circumvention of state law. The candidate who was the target of the ad, David Childers, said it prevented him from being in the runoff."

POLITICAL HIT JOB VIA FACEBOOK SCHEME TO DISCREDIT MAYOR, GAVE MCCAMY AN ELECTION ADVANTAGE?

The mysterious, alleged PAC site claimed Shelton committed criminal acts, some on the site went so far as to claim Mayor Shelton had committed a Class C Felony without any definitive proof as to court opinions, AG opinions, Ethics Commission Opinions. McCamy claimed he knew nothing about the site until a link was forwarded to him. My thoughts, I don't believe McCamy, his claim was the same as FATPAC, Shelton's letter violated state law, so says Jim McCamy. More discussion on this below.

Scottsboro Mayors Race and the FATPAC Controversy  Forwarding Alabama Together   (FATPAC)  https://www.facebook.com/ForwardingAlabamaTogether

VIDEO INTERVIEWS

Video Interview Of Incumbent Mayor Robin Shelton August 1, 2020

Robin Shelton's Facebook site: https://www.facebook.com/RobinSheltonForMayor

Video Interview of Mr. Jim McCamy, Candidate for Mayor August 1, 2020
Jim McCamy's Facebook site: https://www.facebook.com/JimMcCamy

Scottsboro Mayors Race and the FATPAC Controversy  (Forwarding Alabama Together   (FATPAC)  https://www.facebook.com/ForwardingAlabamaTogether Disclosure on Facebook listed the Montgomery, Alabama phone number as 706-662-9343

       The Letter from Mayor Shelton (click on image to expand view).

(pg1) Photo by FATPAC, Fair Use for non-profit news reporting and commentary

(pg2) Photo by FATPAC, Fair Use for non-profit news reporting and commentary

After speaking to Mayor Shelton, Mayor Candidate Jim McCamy, Forwarding Alabama Together (FATPAC) a Montgomery, Alabama PAC representative (Facebook disclosure - Montgomery, Alabama phone number as 706-662-9343) and many others. Mayor Shelton states he spent his own money in the preparing, copying, mailing, writing and distribution of the letter, not utilizing any City of Scottsboro resources.

What specific part of the law, Code of Alabama 36-25-5, https://codes.findlaw.com/al/title-36-public-officers-and-employees/al-code-sect-36-25-5.html ,  says a governor, state representative, commissioner, city council member, mayor or any other elected political official may not use a political entities letterhead, where he or she is an office holder, and say thank you, stating accomplishments, vote for me. That is not, to my thinking, receiving personal gain. Personal gain refers to utilizing ones elected position and/or government resources facilitating or gaining financial benefits for business, self, family or an associate’s financial gain. Utilizing the ideology that political opponents say that an incumbent may not utilize the letterhead of the office he or she holds in a letter to say thank you, here are my accomplishments, vote for me, and doing that is an illegal act is ridiculous. I say, show me specifically where it says that specific act is illegal, in our laws, court rulings, AG Opinions, Secretary of State, or Ethics Commission opinions or rulings.

Thinking about the history of politics in the Scottsboro Mayor’s race, the involvement of former political officials and employees of the City of Scottsboro is questionable in this scheme, including the current candidate for Mayor Jim McCamy running against the incumbent Mayor Robin Shelton. McCamy says he knew nothing about this FATPAC until someone forwarded him a link. McCamy indicates he does not appreciate my accusations in slamming him, that I “don’t know what I’m talking about,” regarding TVA, Washingtonian, Democrat Party politics and further states, “Pretty clear where you are.” Others say, wrongfully, in their discussion of this issue that I have slandered them, which I point out they are wrong. Stating I do not trust a specific individual or a group of individuals further than I can throw City Hall is not slander.

After discussions with everyone involved, I'm not buying any of this FATPAC nonsense 2 days before the municipal elections. Now, after the election, FATPAC disappears, my thinking,this was a political hit job by those seeking revenge against Shelton, and I do not believe McCamy was unaware about this scheme as he claims. Reason, he stated to me Shelton's letter violated state law, that was the FATPAC claim. Another question comes to light: Was the FATPAC site an "in-kind political contribution" not claimed, in my opinion an issue worth investigation

UPDATE: August 26, 2020 - Inquiries Reveal More and First Amendment Issue
The letter pictured above raises another issue. It is a huge issue. Think about this - if the letter is illegal, is political campaign ads which show a government building, office or public entity seal where the politician serves/works illegal? Restriction of Political Speech vs Ethics or Public Official restriction laws and regulations? 

My problem with the Facebook FATPAC site is the hidden agenda, now it has mysteriously disappeared from Facebook. It appears to have been a political hit job. I have received info that it originated and was facilitated from a former local politician seeking revenge. Inquiry reveals it was political party connected. This is what happens when a politician uses a political party for support, non-partisan election, then the opposing party hits you back, with FATPAC. See the Republican Party photo.

Fair Use for non-profit news and commentary; photo imagery from a public Facebook political site, Robin Shelton for Mayor.

NEXT UP,  FCC VIOLATIONS, CELL PHONE ROBO CALLS

From the FCC ( link - https://www.fcc.gov/political-campaign-robocalls-robotexts ) - Political campaign-related autodialed or prerecorded voice calls (including autodialed live calls, prerecorded voice messages, and text messages) are:

• Not allowed to cell phones, pagers, or other mobile devices without the called party's prior express consent.
• Not allowed to protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities, unless made with the called party's prior express consent.
• Allowed when made to landline telephones, even without prior express consent.

Photo's of Robo Calls sent enmasse to Cell phones by McCamey, Mayor Elect, and Mayor Shelton

Fair Use of political campaign photos for non-profit news reporting and commentary.

Fair Use of political campaign photos for non-profit news reporting and commentary.

Another issue regarding political campaign speech restriction laws vs First Amendment rights of political speech.

Sunlight Needed in Scottsboro City Government - Current Cover-up of Public Officials Misconduct

Quote by United States Supreme Court Justice Louis D. Brandeis, 1916-1939. Image by Sunshine Foundation, Fair Use of image for non-profit news reporting and commentary.

Quote by Justice Brandeis: "The individual citizen must in some way collect and spread the information."  Justice Brandeis probably did not imagine the degree in which technology would contribute to open government. Brandeis quote -  "Use Search light on City Hall,"   https://sunlightfoundation.com/2009/05/26/brandeis-and-the-history-of-transparency/

Scottsboro's Current Problem With Transparency, 

Failure to Disclose Records - What is it city officials are attempting to hide?

City Council Part of the Problem, Not the Solution

Wednesday June 19, 2019 - Messaging to Scottsboro City Council leadership: I submitted a request to the Scottsboro City Council President, Patrick Stewart, to be placed on the agenda for Monday's meeting. Stewart stated, "I will not be present, you will need to ask Council Pro Tem President Greg Mashburn, he will lead the council meeting." I contacted Mr. Mashburn, he refused to place me onto the agenda to discuss Sunshine in Government and a problem with transparency. Mashburn stated, "Unfortunately, I must deny your request to be on the agenda.  I will defer any inquiry or request for information to our legal council." Mashburn did say I could speak at the end of the meeting. I provided him my contact info regarding the issue of transparency and the ongoing cover-up of wrongful conduct by City Officials. He further stated, "I am unaware of any type of cover-up within our city government." I explained further to Mr. Mashburn, “You do not work for the city attorney, you work for the citizens, I am one of those citizens.” Scottsboro City Council Member Greg Mashburn is named in the City Magistrates complaint. I thought it surprising that Mashburn did not call me regarding my concern, I gave him my phone number. and offered to discuss the matter personally with him. 

Public Records Request failure, the law. Code of Alabama (COA) "13A-10-12 (a)(3) Knowing he lacks the authority to retain a governmental record he refuses to deliver up the record in his possession upon proper request of a person lawfully entitled to receive such record for examination or other purposes.

(b) Tampering with governmental records is a Class A misdemeanor."

Proper request submitted to the custodians of records of the City of Scottsboro, Alabama on May 10, 2019 - Records Requested: 1) Reply to the Municipal Court Clerk/Magistrate's complaint of: a) False Statements made against the Court Clerk/Magistrate; b) creation of a hostile work environment by appointed public officials; c) sexual discrimination/harassment by appointed public officials, conspiring to remove the public employee by improper means as a result of making of false statements. 2) Written Disciplinary Action by the Mayor of the City of Scottsboro to the city's Finance Director. 3) The city's Finance Director's reply to the Mayors disciplinary action. 

The Records Request on the City of Scottsboro's Request Form

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

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.

Section 36-12-40

Rights of citizens to inspect and copy public writings . . .

"Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute." If records requested are denied there must be a specific exemption stated in accordance with the law. There has been no specific exemption stated in accordance with the laws of the state. 

Attorney General's opinions and several court cases affirm the citizen’s right to inspect disciplinary action records and memorandums of reprimand as they are part of the business of government. Dennis Bailey, General Counsel to the Alabama Press Association had this to say recently as a reminder to public officials of the necessity of disclosure: "“In general, applications, disciplinary actions and memorandums of reprimand are documents reasonably necessary to conduct business, and thus subject to disclosure…" Synopsis of AG Opinion 96-0003 – Jeff Sessions, Alabama Attorney General

Keep in mind, the City of Scottsboro paid an attorney, Ms. Hope Hicks, who specializes in employment and equal opportunity law, $11,800. Scottsboro officials have not given the citizens any report regarding her findings. Records requests thus far reveal an intentional effort to cover-up wrongful actions on the part of Scottsboro officials. City Council met in Executive Session on February 11, 2019 with Ms. Hicks and all parties involved in the Municipal Court sexual harassment/creation of a hostile work environment, false statements complaint by Scottsboro Municipal Court Clerk/Magistrate to discuss this matter. February 25, 2019 the Scottsboro City Council, agenda item 3, approved $11,800 to be paid to Ms. Hope Hicks. City Council President Patrick Stewart announced the resignation of Scott Berry the Municipal Court Judge during this Feb. 25, 2019 City Council meeting. When the City Attorney was asked if the Resignation Letter would be available, he stated no, not at this time. 

A reminder to those on the Scottsboro City Council, Mayor and City Clerk and any other elected or appointed official that has a problem with Sunshine in Government. You should take to heart the adage -   "Sunshine is the greatest disinfectant of government corruption." Such is the case of Scottsboro City Officials failing to disclose written reprimands by the Mayor regarding an appointed public official’s misconduct, including that public official's reply to the Mayor. This unlawful failure to disclose the public records is effectively a covering-up of misconduct by public officials.

Another quote which public officials should take to heart - "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." James Madison 1822

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

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

BID LAW VIOLATIONS?

SMITH REPORTED THE FOLLOWING EXPENDITURES OR PROPOSED

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

2) Badger Ditch Cleaner, $20,000

3) Track Hoe, $16,000

4) Compactor air conditioner, $7800

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

Total - $85,800

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

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

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

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

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

BE PROFESSIONAL - BE THE TEAM

Stop working against each other.

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

VIDEO EXCERPT OF MR. SMITH'S PRESENTATION

                                                   AGENDA

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

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

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

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

THE LIST

VIDEO

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

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

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

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

                                      

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

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

Scottsboro City Hall (photo by G. Morgan)

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

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

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

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

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

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

(Result of Records Request)

Mayor Shelton (photo by G. Morgan)

Mayor Shelton's Verbal Warning Documentation

(Click on image for an expanded view)

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

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

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

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

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

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

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

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

Video excerpt of this segment.

                                                AGENDA
                      (Click on image for an expanded view.)

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

Regular Session Video

SCOTTSBORO RUNOFF ELECTION RESULTS - WILLIAM "ROBIN" SHELTON ELECTED MAYOR

Robin Shelton, Mayor Elect of Scottsboro, Alabama (Face Book photo, political site-Fair Use for non-profit news reporting and commentary.)

VOTE RESULTS

Scottsboro 2016 Election Run-Off Forum and Debate - Scottsboro Mayor and Board of Education Places 2 & 3

Scottsboro City Hall - Mayor Candidates Brent Miller and Robin Shelton debate at Scottsboro High School. (photo and videos by G. Morgan)

Mayor Debate, Part 1

Mayor Debate, Part 2



             Scottsboro Board of Education Runoff Forums for Places 2 & 3

Scottsboro Board of Education, Page Administration Complex, Scottsboro Board of Education photo, Fair Use for non-profit news reporting and commentary. (Photo crop by G. Morgan)

Board of Education Forum Video

Scottsboro 2016 Election Forums, August 16, 2016

Scottsboro, Alabama August 16, 2016 Scottsboro Election Forum - 3 Part video featuring Candidates for the Board of Education, Scottsboro City Council and the Mayor of Scottsboro. The Forum was sponsored by: WWIC, The Daily Sentinel, Scottsboro Electric Power Board, The Jackson County Chamber of Commerce, many thanks to Scottsboro High School for hosting the forum.

PART 1 SCOTTSBORO SCHOOL BOARD PLACE 2 and 3


PART 2 SCOTTSBORO CITY COUNCIL PLACE 1


PART 3 SCOTTSBORO MAYOR CANDIDATES


Link to my interviews with the Scottsboro Mayor candidates: http://arklite.blogspot.com/2016/08/questions-for-scottsboros-mayoral.html

Scottsboro City Council Place 1 Questions: http://arklite.blogspot.com/2016/08/scottsboro-alabama-city-council-place-1.html