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. 
• General Info Link: https://www2.calstate.edu/csu-system/administration/audit-and-advisory-services/Pages/types-of-audits-and-standards.aspx 
  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.

Link to Rules: https://examiners.alabama.gov/PDF/rules.pdf

Audits of Municipalities

(Click on image to expand.)

Scottsboro Audit Issues on this Blog:   https://arklite.blogspot.com/search/label/Scottsboro%20City%20Audit

VIDEO

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

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

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 City Council Work Session and Regular Session, Issue of Transparency - City Boat Bill of Sale, Public Records Disclosures June 27, 2016

Many government's management consultants use the stop sign of good governance in various forms. I cannot pinpoint the originator for this specific illustration. Fair Use "Good Governance" image for non-profit news reporting and commentary.

Scottsboro City Hall, photo by G. Morgan 

THREE DOWN ONE TO GO

I have received, as disclosed below, the Boat Bill of Sale, the amount of money paid to Lanier Ford Law Firm and the Insurance Carriers Loss Control Report. I have not received the Bray Report regarding her spying activities without a state investigators license on private citizens/city employees. 

MONEY PAID TO LANIER FORD LAW FIRM OF HUNTSVILLE, ALABAMA

Records disclosure: Amount paid to Lanier Ford Law Firm, per Mayor Potter - In 2015 the City paid $18,133 and in 2016 to date the cost has been $25,465.91 to Lanier, Ford Law Firm for employment matters including rewriting the handbook.

BOAT ISSUE

 Boat Bill of Sale

(click on image for an expanded view)

A records Request was submitted last week regarding the sale of the boat, the Mayor supplied the Bill of Sale at last nights city council meeting. Link to boat issue:  http://arklite.blogspot.com/2016/06/the-boat-and-mayor-of-scottsboro-deep.html 

Picture of a Marinette Cabin Cruiser similar to the one sold

Fair use for non-profit news reporting and commentary. No credit listed on web.

THE CLARION'S REPORT

Comprehensive report on the boat issue by Clarion Reporter Heather Garner

Code of Alabama 1975 § 11-43-56 “Except as otherwise provided in this title, the council shall have the management and control of the finances and all of the property, real and personal, belonging to the city or town.”

AN EXAMPLE OF WHAT NOT TO DO IF YOU ARE RESPONSIBLE FOR CITY PROPERTY. A QUESTION OF GROSS NEGLIGENCE?

The Clarion, article by Heather Garner - "After doing a public records request asking for a copy of the city council meeting minutes showing acceptance of the boat donation; city council meeting minutes showing the boat was declared as surplus property; a copy of the donation letter given to the Culvers and a copy of the bill of sale showing the boat was sold, it was discovered that the City Council never publicly accepted the donation, the property was never declared surplus, and that copies of the donation letter and bill of sale were not kept for recording, by the City. According to Rick Wheeler, City Finance Director, the boat was never listed as an asset by the City and it was never insured by the City."

More on the boat issue:

http://www.theclarion.org/index.php?option=com_content&view=article&id=10166:sale-of-boat-causes-controversy-&catid=42:clarion-rotation-stories&Itemid=142

During today's discussions with Mayor Potter regarding the insurance carriers loss control report, I asked the Mayor, who was responsible for management of property within the city in regards to the boat issue? His reply, "Rick Wheeler."

City took payments from purchaser

Clarion Report

"Records received by the City of Scottsboro, on a Cash Collection History Report, show cash payments in the amount of $2,300 on December 13,2013, $200 on January 3, 2014, $200 received on February 7,2014 and $300 on March 3,2014, received from Rick Nugent."

Insurance Carriers Loss Control Report Disclosure

2015 Insurance Carriers Loss Control Report Inspection

There were no safety findings reported, it was indicated that the City of Scottsboro has a Safety Committee and they meet on a regular basis. 

There were three Items listed as items of concern on the insurance carriers 2015 loss control report. During the month of July an annual inspection is performed. The Mayor produced the report and we discussed each finding. The Mayor's time regarding this item was appreciated. Numbered Findings described as follows along with the City of Scottsboro's reply.  

1) No sexual harassment policy. This was an oversight by the insurance carriers inspector, the City of Scottsboro does have a comprehensive sexual harassment policy contained in The 2004 City of Scottsboro Personnel Handbook. The city indicated this in their reply along with the reference material. As a side note to this finding, but not identified, the City should participate in annual Equal Opportunity/Sexual Harassment Training. We discussed this and the Mayor agreed that this would be a good idea to implement an annual or once every two years type of training program. There have been Sexual Harassment and Equal Opportunity claims against the City of Scottsboro. 

2) What is an acceptable driving record description for city employees. Reply - It was indicated that this policy or description was needed and is being submitted for inclusion as a personnel policy.

3) Emergency lighting deficiency at City Hall and the Senior Center. City Reply - The city has an emergency power generator to supply lighting in case of a power outage. The deficient emergency light at the senior center was replaced.

All other areas either complied or were expalined during the inspection.

AGENDA

Work Session

VIDEO of Work Session

Video of Transparency issue, agenda item 9


                             AGENDA of Regular Session

Mayors Report - Porter Road will be closed for 2 weeks maximum, probably less, because of drainage tile replacement near rail road Tracks.  Also, due to Alabama Budget cuts it was announced that the National Guard Armory on Cedar Hill Drive will be closing. The armory will revert back to the City of Scottsboro.

                              Video of Regular meeting

The Boat and the Mayor of Scottsboro - Deep Throat 11 - The Expose Continues - Shh, we had a boat, now we don't, the Mayor sold it, where's the money, but don't tell anyone - Update and Sexual Harassment.

Photo of Mayor Melton Potter at the State of the City Address. Photo by G.Morgan

(UPDATE JUNE 30, 2016)

Code of Alabama 1975 § 11-43-56 “Except as otherwise provided in this title, the council shall have the management and control of the finances and all of the property, real and personal, belonging to the city or town.”

UPDATE - July 6, 2016:  Whose fault is it, the Mayor, Mr. Wheeler, or the City Council, maybe all?

Informant says "Boat case forwarded to DA's office for review."

In other developments, the informant has reported more incidents of sexual harassment from the financial department for the City of Scottsboro. Unfortunately, it appears that our fearless leaders are as confused about this issue as they are on Das Boat. It seems the boy just can't keep his "camera to himself." And City Leadership does not want to correct the problem, instead they hide the problem. This is turning into a multi-issue mess of failed leadership practices and incompetence. 

Sinking Boat Politics - A lack of leadership and corrective action.

Sexual Harassment - "Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains."  

https://www.eeoc.gov/eeoc/publications/fs-sex.cfm

City of Scottsboro leadership has not required nor provided training regarding sexual harassment.

THE BOAT 

In December 2012 a citizen donated a boat to the City of Scottsboro. I vaguely remember a discussion about this as it was stated a boat would be good to show industrial prospects around the community. 

Goosepond Colony (GPC) Marina photo - The folks at GPC did not know any specifics about the boat other than to confirm the City of Scottsboro did have a boat tied up on the end of one of the docks. (Fair use photo for non-profit news reporting and commentary.)

AN EXAMPLE OF WHAT NOT TO DO IF YOU ARE RESPONSIBLE FOR CITY PROPERTY. A QUESTION OF GROSS NEGLIGENCE?

The Clarion, article by Heather Garner - "After doing a public records request asking for a copy of the city council meeting minutes showing acceptance of the boat donation; city council meeting minutes showing the boat was declared as surplus property; a copy of the donation letter given to the Culvers and a copy of the bill of sale showing the boat was sold, it was discovered that the City Council never publicly accepted the donation, the property was never declared surplus, and that copies of the donation letter and bill of sale were not kept for recording, by the City. According to Rick Wheeler, City Finance Director, the boat was never listed as an asset by the City and it was never insured by the City."

More on the boat issue:

http://www.theclarion.org/index.php?option=com_content&view=article&id=10166:sale-of-boat-causes-controversy-&catid=42:clarion-rotation-stories&Itemid=142

During today's discussions (June 30, 2016) with Mayor Potter regarding the insurance carriers loss control report, I asked the Mayor, who was responsible for management of property within the city in regards to the boat issue? His reply, "Rick Wheeler." 

UPDATE - Bill of Sale provided on June 27, 2016

Boat was sold in April 2014

(click on image for an expanded view)

This is a boat similar to the one sold for $3000.00, a 1979 Marinette Cabin Cruiser. Fair Use photo for non-profit news reporting and commentary, unknown contributor.

City took payments from purchaser

Clarion Report

"Records received by the City of Scottsboro, on a Cash Collection History Report, show cash payments in the amount of $2,300 on December 13,2013, $200 on January 3, 2014, $200 received on February 7,2014 and $300 on March 3,2014, received from Rick Nugent."

 There is other information which has been provided to me regarding Scottsboro's financial accountability and the numerous accounts of the City of Scottsboro. It is this citizens opinion that a forensic audit of the City of Scottsboro should be accomplished as soon as possible by the Alabama Department of Public Examiners which should include all financial accounts, cash records, and all property records and control policies.

Fair use for non-profit news reporting and commentary. 

Does the City of Scottsboro leadership pass the test of good governance?

Misapplication of Public Policy Involving Public Officials - Demolition by City Government on Private Property Which Increases Property Value of a Public Official's Relative

House demolished by the City of Scottsboro due to being an unsafe structure located at approximately 602 E. Willow St., Scottsboro, Al. (Google Earth photo 2014, Fair-Use rights for non-profit news reporting)

UPDATE - March 22, 2016 - Cost List of Demolition of Homes in Alabama and across the nation are listed. For this area the cost are listed for a similar structure's cost runs from $5500 -  $7500.00. That does not include leveling the property, reseeding and mowing for half a year. Cost estimates do not consider disposal of asbestos containing shingles or other hazardous materials such as lead pipe. Utilizing the demolition list estimates, this property's demolition and reconditioning would be near $12,000 for this area. 

http://www.hometowndemolitioncontractors.com/demolition-cost/building-demolition/house-demolition

Misapplication of Public Policy and Law by Scottsboro City Officials - Abatement of Public Nuisances on Private Property by Demolition or Repair, not in accordance with the laws of the State of Alabama Regarding 11-53B MUNICIPAL AUTHORITY TO REPAIR OR DEMOLISH UNSAFE STRUCTURES. Which may be found at  http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm

Results of the Public Nuisance, Unsafe Structure file inspection regarding the Gross property located at approximately 602 E. Willow St., Scottsboro, Al..

1) When viewing the file the appropriate Alabama Code citation was misstated, 11-53A was utilized in part, that is improper according to the City Attorney as the City of Scottsboro is not a Class 5, 6 or 8 municipality. It is a class 7 in accordance with the 1970 census which the law is based on.

2) There was no itemized list of the property demolition cost, i.e. man hours spent, fuel used, hauling cost to land fill, equipment usage, etc.

3) There was no fixation of cost per resolution of the City Council/governing body as required by law - COA 11-53B-5.

4) There was a city cash register receipt of $3,150.00 but no indication of a check copy.

5) As stated in the City Council meeting the Mayor sent Councilman Smith to Mrs. Margaret Gross in secret, mother of the property owner, and a public official as appointed by Mr. Smith to the Electric Power Board, at Hardees, where they eat breakfast together, outside of the legal process, and offered city equipment, manpower, and resources to her for the demolition of an unsafe house on her property, the demolition increased the property's value.

6) The house which was demolished was an old structure with what appeared to be asbestos containing shingles, there was no test to determine if asbestos was present in the structure.

It is my opinion that some public officials within the City of Scottsboro are attempting to cover up this possible ethics violation and misapplication of public policy and law.

MY THOUGHTS - What a deal, if you're a city official's friend plus public official, you get your unsafe house demolished, hazardous materials disposed, lot cleared, leveled, reseeded and maintained for $3150.00, thus increasing the private citizens property value many times over. Such honest political leaders we have, NOT. Does the city apply this special treatment fairly to everyone as the mayor claims? My inquiries reveal the answer to be NO. This abuse of taxpayer resources may be an ethics violation, reference - "Section 36-25-5 "d) No person shall solicit a public official or public employee to use or cause to be used equipment, facilities, time, materials, human labor, or other public property for such person's private benefit or business benefit, which would materially affect his or her financial interest, except as otherwise provided by law."

All of this came to light when I received a call about a Scottsboro Mowing Crew at the property of Mrs. Gross's daughter on East Willow Street. This resulted in me asking questions about the property and why was city equipment being utilized for the benefit of private citizens. The City council President stated this was all unintentional, as Mrs. Gross said, "I guess this was an accident." referring to the mowing crew taking care of the private property.

BOTTOM LINE - The City of Scottsboro should not be involved in the demolition, repair, or mowing of private property. Repair or demolition of private property is the responsibility of the property owner. If repair or demolition becomes necessary to protect the public from a public nuisance then the work should be contracted out and the city utilize the law to recover costs.

The excuse according to the Mayor, "We do this all of the time is an example of non-accountable political official's excuses. It is my observations the Mayor is not being truthful. Council Member Keith Smith's personal attack on me for bringing this issue forward is a further example of non-accountable political officials, it is Smith who met in secret with Mrs Gross to broker the deal in conjunction with the mayor to purposefully increase the property value of the Gross property. The statement of Smith, "She (meaning Margaret Gross, public official and mother of property owner) didn't come to us we went to her," is remarkable. It demonstrates the extent some political officials in Scottsboro will go to deceive the public and benefit friends and the wealthy while having a lack luster attitude toward the poor and average citizens in Scottsboro, Alabama.

My reporting to the City Council of inappropriate application of law and possible ethics violations has resulted in harassment and false accusations from Council Member Keith Smith when bringing these issues forward. Harassment appears to be an unprofessional, unethical policy practice of city officials. This misconduct trend has carried forth into the application of management policy as it has been applied to the employees of the City of Scottsboro, Alabama. This is indicative of a wider problem involving non-professional conduct and misbehavior of elected and appointed city officials which includes sexual discrimination, retaliatory conduct and harassment.