Jackson County Commission and Open Government

Jackson County Commission Chairman Mr. Jame Tidmore at table chair position in the Jackson County Commission Board Room.

Criteria for Judging Governance and Open Government cartoon from: http://filipspagnoli.wordpress.com/2008/08/10/human-rights-facts-53-good-governance/
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Once again the issue of Open Government concerning the Jackson County Commission rises to the surface. The Commission has been consistent in its lapses and failures to adhere to the laws concerning Open Government. From previous secret meetings of the Jackson County Commission to the current state of affairs, which concerns its failures to post meetings minutes in a timely fashion, its failures to post notices of its Special and Holiday Meetings and its disregard for Records Disclosure laws of Alabama.

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On the surface it appears all is well, it is not. The administrative functioning of the Commission in relationship to requirements of the Open Meetings Laws and Records Disclosure Laws are seriously deficient. The Commission's official representatives in their application of Records Disclosure actively and openly discriminates on the basis of political status and possibly sex. The Commission's representatives have refused disclosure of public records, then to complicate matters they have intentional misinformed (some would say lie) those who have requested public writings from the Jackson County Commission, following state and local Commission policy. This situation was discussed previously within, http://arklite.blogspot.com/2008/09/jackson-county-commission-and-open.html .

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The latest issue of failing to post notices on the Courthouse bulletin board of changes in the routine meetings reflects disregard for the requirements of the Open Meetings Laws. Along with those failures, which are numerous, their disregard for administrative requirements of a proper functioning County Commission is further reflected in the fact the County Commission meetings minutes are not posted in a timely fashion. I inspected the Commission Meetings minutes book last week, the last posting was July 9, 2008, over 3 months behind. I believe this failure is intentional, pointed at individuals who are attempting to gain access and view the Commission minutes. It is a citizens right to be able to view public records and meetings minutes. The conduct of the Jackson County Commission in relationship to this matter is erroneous and wantonly violates our state's laws.

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In our Republic it is necessary to have Open Meetings Laws and Public Records Disclosure Laws. These Laws are part of a system that insures openness of government. Both of these issues have been problems for several governmental entities in Alabama, to include Federal, such as the failure of the TVA to disclose its true construction costs of a Bellefonte Nuclear Power Plant. It is incumbent on citizens and the press to be ever so diligent in their oversight of our governmental agencies. Unfortunately many seem to be apathetic and even the press is failing in their responsibilities concerning these issues. Only 3 years ago this issue was on the pages of most every newspaper in the state. Not any more, as if the situation has improved to such an extent it has went away. It has not only not gone away it is increasingly difficult to prosecute such cases and it is extremely expensive to prosecute under the new open meetings laws. Local prosecutors thru the District Attorney may handle such cases but apparently open government issues are not a high priority. The new Open Meetings Law provides improved definitions but was moved from the criminal code to a civil matter. One must have money and lots of it if one is to hire an attorney to prosecute Open Meetings violations. The alternative is to gain the support of the local DA's Office or the States Attorney General, which at this point has not been productive. This leaves the other option of filing a legal action pro se, representing ones self, then wade through the bureaucracy of 21st Century Civil Law. This is not advised, however there may be little choice if one is to attempt enforcement of our Open Meetings laws.

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In the matter of Garry L. Morgan, for the Citizens of Jackson County vs. The Jackson County Commission, commissioners named individually as the law requires. The Jackson County Commission had a reaction to the alleged illegal meeting held on October the 14th, 2008, an after holiday meeting in which the notice was not posted on the bulletin board of the Jackson County Commission as required by law. In the Commission Meeting held on October the 27th the Commission reaffirmed the minutes and votes taken at the Oct 14 meeting by passing a resolution to reaffirm the meeting. Unfortunately this is a questionable act, the act of a blanket reaffirming of the minutes of an allegedly illegal meeting in another meeting is a legal act? The Commission seems to admit there was a problem with the previous meeting. The Jackson County Commission has been given 3 opportunities to correct the problem of this alleged illegal meeting. #1) Each Commissioner and the Commission's Attorney were given notice prior to the meeting, along with the specific law concerning meeting notice requirements, concerning the meeting notice was not posted properly, it was suggested that the meeting be postponed and rescheduled in 5 days in order that the meeting notice be posted properly and the meeting held in accordance with the laws of our state. Although this matter was brought up in the meeting the County Commission's Attorney stated that he felt the meeting notice was given but did not know if the meeting notice was posted on the bulletin board. (The Code of Alabama, Section 11-3-8, http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm , establishes the requirements for County Commissions following the Open Meetings Laws. When a Commission fails to meet those requirements the 2005 Open Meetings Law specifies remedial action, http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm , in Section 36-25A-3 and 36-25A-9. ) #2) Within the law suit, CV2008-242, filed on Oct 15, 2008, there was a segment which stated if the County Commission would hold a Special Call meeting, with correct notice to correct their error, I would consider the problem resolved. They failed to accomplish this requested task. #3) On October the 24th, 2008 I hand delivered a letter to Mr. Tidmore and Mr. Porter's offices stating I would consider the matter resolved if they would "...resolve in the open meeting their support of the Open Meetings Law requirements." I also requested they appoint someone to insure the proper notice is posted as required by law. They failed to accomplish my request to resolve this issue. I stated that I would dismiss my suit if the Commission would affirm its support of the Open Meetings Law. They did not affirm their support of the law, the suit will continue, it will be expanded and amended.

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Update: On Monday, Nov. 3rd, 2008 I filed a motion to dismiss my case against the Jackson County Commission. The commission has met the requirements of relief which were simple. They demonstrated their support of the open meetings laws by posting the required notice of the meetings. The commission also affirmed the meeting minutes of the illegal meeting in a subsequent meeting. My only hope is that the new Jackson County Commission will follow the the law instead of thumbing its nose at legal requirements of the Open Meetings Law. Costs, $450.00, there were no costs to the citizens of Jackson County for this enforcement action of the Open Meetings Law. If the suit had continued the costs would have exceeded $10,000.00, the citizens would have been forced to pay for the errant commissioners legal fees if the Commission so voted. I bore the full expense of this case up to the point of dismissal. Unfortunately the Open Meetings laws of this state seem to have been changed not to protect the citizenry and its requirements for open meetings but to protect the various legislative bodies of this state, to enrich private attorneys and give power to the media in decisions to prosecute open government cases. The Open Meetings Law was changed in 2005 from a criminal code violation to a civil tort. Your state government working to maintain the status quo toward non-accountable legislative actions. The Open Meetings Law should have followed the course of Florida in their legislative actions in support of Open Meetings. It is a Felony in Florida to violate Florida's Open Meetings Law.

Scottsboro City Council Meeting

The last meeting of this City Council and Mayor. Mr. Simmons (far right in picture) and Mrs. Smith second from right, will make way for Mr. Gary Speers and Mr. Thurmond Bell. Mayor Deason is seated on the far left, he will be replaced by Mr. Melton Potter. Mrs Duffey was on leave during this photo, Ms Cathy O'Shields is pictured in the City Clerk's seat. She will be the new City Clerk.

No Old Business listed on Agenda. New Business: 1) Hospice Month presentation by Mayor. 2) Approval for upgrade of tower on July Mt. 3) Resolution for Draft Beer approved. Resolution will go to the Legislative Delegation for action before the Legislature. 4) Payment of $350.00 approved for Appraisal of property adjacent to Word Field. 5) Budget amended in the amount of $42,000 for the construction completion of service road in front of Police Station on John T. Reid Pkwy. 6) Resolution to set Public Hearing for rezoning of property on Goosepond Island from R1 to M1. Public Hearing will be Nov. 24, 2008 at 6PM. 7) Ordinance approved for the annexation of the property east of the "River Bridge" owned by Section Grain & Gin. The "Country Store" is located on the property. 8) Budget amendment for House of Ruth to repair of roof leak in the amount of $400.00. It was mentioned that there was a previous agreement that the House of Ruth would pay for all repairs to the structure. The Council President stated this is a small amount. It was stated last week in the work session that there are many other repairs that are needed. 9) Presentation from Christine Harding regarding sidewalk, paving of parking lot, lighting and construction of a "sally port" at the new Police Station. 10) Budget amendment for completion of Water, Sewer and Gas lines infrastructure in the industrial park in Hollywood. Tabled until next council takes office. 11) Public Hearing for approval of Alcohol Beverage license for The Rivers Edge, located on Veterans Drive by water plant. License request approved. 12) Public Hearing for Riders Restaurant and Lounge, 4711 S. Broad St., old Russ Ts. License request approved. 13) Bank Signature Card change approved, Mayor Elect Potter, Incoming City Clerk Cathy O'Shields approved to be placed on signature card for check signing. 14) Resolution concerning the declaration and sale of surplus property approved.

Reports: Mayor- Mrs. Gail Duffey's Birthday, the Mayor lead all in singing happy birthday. Mayors Prayer Breakfast will be held at the 1st United Methodist Church at 10AM on Nov. 3, 2008. Mayor Deason, Mr. Simmons and Mrs. Smith gave farewell speeches. The Council President continued the Council Meeting until Nov. 3, 2008 after the Mayors Prayer Breakfast where the meeting will be reconvened and the new Council Members and Mayor sworn in.

Scottsboro City Council Work Session

Goose Pond Island, looking to the Southeast. A public hearing will probably be held in November for the rezoning of the plant area. (item 6 below)
Entrance to the development, bottom right center, looking up river.
Another view, looking to the northeast, plant in foreground.

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1) Discussion concerning telecommunications tower on July Mountain by Phillip Chaney, Telecommunications Superintendent for the Scottsboro Electric Power Board. The emergency power generator is old and has experianced problems. Funding discussion concerning emergency power generation equipment. It was also stated that air conditioning is needed for the facility. The city's share of this project would be $5573.00. 2) Presentation by Pat Blankenship concerning city court collections contract. 3) Presentation by John Drain concerning Draft Beer in Scottsboro. Discussion ensued concerning procedure to approve the usage of draft beer in restaurants in Scottsboro. 4) City Clerk report on cost of property appraisal of the Johnson Property next to airport, cost $350.00. 5) City Clerk report on access road at Police Station, $2000.00 for engineering and design, $40,000 for road construction. This project involves the continuation of the frontage road in front of the Police Station from Redstone Federal Credit Union. 6) City Clerk presentation concerning Resolution to hold a public hearing concerning the 90.12 ac on Goose Pond Island change of zoning from R1, Residential to M1, Light Manufacturing. 7) City Attorney presentation concerning Annexation request of Section Gin and Grain Co. Inc., 8.7 ac which contains the store at the foot of Sand Mt. by the intersection of SR 35 and 40. 8) Discussion on sign ordinance by city Attorney, ex-Mayor Ron Bailey spoke offering the help of the Chamber of Commerce. 9) Council member Terry Thomas presentation/discussion on Rec-Com cleaning contract. 10) City Clerk presentation concerning House of Ruth. This house is owned by the City of Scottsboro, it was donated for use by the city for the housing of homeless women who are released from jail. This home is managed by Christine Sumner. Part of the roof of the home is leaking. It was reported that the cost of repairing the leak would be approximately $400.00. It was further reported that there are other areas which are deteriorating and is in need of repair. 11) Discussion of Industrial Park at Hollywood project for the continuation of Water Sewer and Gas lines into the park.

Scottsboro City Council Meeting

Old Business: Library Board Appointment, Historical Preservation Board Appointment and 6 members of the Museum Commission were appointed.

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New Business: 1)Goose Pond Colony Board, Scottsboro Parks and Recreation Board, presentation as to the status of the park and facilities. An applause should go to Mr. Bagget and the Park Board for this presentation. Goose Pond Colony's Debt is down to $5.8 million in 2007 from the $6.5 million in 2005. 2007's total income was $404K with $223K reflected as net income. Since 2006 $400K has been used to remodel and pay down debt. The Board has undertook a policy of fiscal responsibility that should be commended, no further increase in the debt and no more borrowing of funds. It was stated the park is being operated in conjunction with the TVA Land Transfer Agreement. Mr Bagget states he frequently confers with Mr. Rick Wheeler, City Financial Director. Mr Bagget stated it was the boards mission to display integrity and operate the park in a fiscally responsible manner. This was the first such report in over 10 years and sources state this is only the second such report to the City Council in 20 years. 2) 2 Alcohol Beverage License were granted, Expressway Convenience Store, 502 W. Willow St. and Scottsboro Quick Mart on 2307 S. Broad St.. 3) Bid opening for the Rec-Com Cleaning and janitorial service was tabled. Apparently the bid was high, there was a comment from Council President Keith Smith that an employee could be hired at less expense than the bid. 4) Bid opening for pool chemicals, Duffield Co. was awarded the bid. 5)Meal funding for Senior Meals on Wheels program, governmental funding from state and federal sources were cut, the county and city will jointly share the $4320 deficit. The city's share will be $2160.00 which was approved. 6) A surplus property resolution was passed to sell a 15in. Bush Hog which is located at the Solid Waste Department. 7) Resolution calling for a public hearing concerning the rezoning of 1.15 ac of property on Howard St. from C3, commercial to R3, residential. 8) The meeting was not adjourned, it was continued until Tuesday at 11:30 to confirm the new City Council members.

Censorship, Pizza and Responsible Speech

>>>>>>>>>>>>>>>>>Fire Protection, Domino's style.

The discussion of the pizza and fire protection issue has resulted in censorship of political speech on al.com and another temporary ban for posting on al.com. This is not the first issue where government and/or corporate officials have been involved in removing political speech on al.com, government censorship in Scottsboro, Al.

>>>>>>>>>>>>>>>Fire Protection or Pizza Advertising?
>>>>>Pizza or government mismanagement of resources??
>>>>>>>>>>>>>>>>Scottsboro City Hall

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Once again the issue of censorship arises. Censorship of political speech and responsible editing of media. This also concerns the removal of political speech by media on so called public forums and their support of one political party or issue. Advance Internet via al.com takes the position that if you question their motifs or their support of governmental censorship they attempt to show you who is boss, they censor, remove responsible speech which speaks and reeks of governmental irresponsibility and connection to a business corporation.

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I saved part of what is being censored. It appears mentioning of Domino's Pizza and the Fire Protection Advertising Scheme utilizing city equipment results in removal of some postings on this so called public forum. Other postings discussing the issue remain. This is the same type of censorship that occured during the Goose Pond Colony Censorship campaign. That one did involve governmental mangers requesting censorship. It appears the same situation may be occurring once again.

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A part of what has been removed from al.com: A comment by a local poster who uses the #83 in his posting: "Garry, your biggest problem is that when you mention something unpopular, the Pizza thing, and people call you on it, you get ridiculously defensive. You begin to blame everything on a socialist conspiracy that makes you look foolish. We all have our own opinions. My support of Obama is not very popular in these parts, yet I don't blame it on some vast socialist conspiracy. I use facts and debate to flesh out my opinion. And, if people don't like it...tuff! It's not a conspiracy. "

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My answer, which was removed by al.com, Advance Internet:

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Conspiracy??
Once again the only person who is speaking of conspiracy is you, why is that? There have been others that have stated the same. Many seem to think that when one is attacked that the person receiving the attack should just roll over and say "sock it to me baby," remain complacent while lies are told. This is the standard local political Party's intentions.

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What is so interesting about this type of political attack, it also occurs in areas of Alabama where the Republican Party is the dominant party, it also extends to other areas of our nation.
Truth and issues are not the issue. Shux, issues are not even the issue in our current political situation. It is who has the biggest pot of gold to buy media time.
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Indoctrination. You have demonstrated part of the indoctrination in your comments within, "conspiracy." This is the standard mantra of both political parties when confronted with issues concerning political control. You are an intelligent individual 83, look thru the politics and see the underlying reason for the need of political party control. It is not to benefit our nation or area, it is to breed separation and control the populace thru political propaganda. That is not what our Republic is about. That is not a conspiracy theory, that is what I think is becoming of our nation as a result of division thru political parties. Why does an individual need a political party to tell them how or why one should vote for a particular political representative. I realize there is power in numbers, unfortunately the numbers in our political system also allow an individual to build power and momentum based on false assumptions and propaganda. Particularly when the media enters in in the support of the political party. My belief reflects the support of individuals ideas and politics, not the political parties mantra and propaganda.

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About Pizza:

It is not about calling me on it. Get the facts straight if you are going to tell the story. It was the blatant and uncalled for attacks pointed directly at me, intentionally, as those individuals know that I will reply. Once again I will not sit idly by and allow others to threaten and call me hideous names. I do not curse them as they have cursed me, I do not make threats at them that have made threats at me. I will call them what they are or what they are supporting. That is socialistic dictates, political repression and tyrany. If folks don't approve of my speech. There is nothing I can do about that, I support all responsible speech, particularly those who do not agree with me. Unfortunately it appears some do not support the idea of open responsible speech. It appears they only support their ideas, regardless of the right or wrong of the idea.
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Their ideas have been supportive of a national corporation who has carried forth an advertising scheme disguised as fire protection. Plus the pizza company does not deliver to all areas of our town, they were utilizing city personnel and equipment in their scheme. The pizza fire protection scheme did not receive the approval of the city council nor the scrutiny of the city attorney in an open meeting.This was a scheme originating from a national corporation to benefit that corporation, not provide Fire Protection. That is the way I see it. Individuals under took attacking me due to my stance on this issue. Once again, if I am attacked I will call them on their attack and endeavor to point out what they represent. (end of my al.com posting)

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This posting is representative of what is being removed. I believe it is representative of censorship of political speech. In some cases it has been at the behest of government officials, they done it once they will do it again. The result of discussion concerning not agreeing with government and a corporate scheme, censorship, and the blatant out right attacks on individuals who discusses political opposing ideas. We have witnessed this previously on the al.com forum, we have witnessed it at the Democratic Party Political Debate Forum at the high school where county politicians called those who expressed dissenting opinions "terrorist like Timothy McVea." We have also witnessed demeaning comments from our local news media in editorials where the managing editor calls people paranoid for expressing disagreement with local political actions. It is my belief that political extreamism in the local Democrat party is resulting in tyrany directly pointed at political opponents. This type of tyrannical actions on the part of local Democrats is typical of Jackson County and Scottsboro politics.

Car Show on the Square, Part 2

>>>>>>>>>>>>>>>A pair of nice ole Chevy muscle cars.

>>>>>>>>>>>>>>>Nice '78 T.A.

>>>>>>>>>>>>Rides for the kids, Great Job, food and fun for all!!