Today was a work session of the Jackson County Commission. Several important topics were discussed.
Prior to the agenda, Chairperson Bias directed the County Administrator to read a letter from her to the public concerning Probate Judge Hambrick's pay. The following is the letter concerning the issue. The Letter from the Commission Chairperson was also supported by a letter by the County Attorney addressed to the Commission Chairperson. (Ms. Bias refused to produce a copy of the letter upon request after adjournment. She provided all other members of the press present with the letter. I requested the documents from the Chairperson pro-tem, Mr.Jack Allen. Mr. Allen provided a copy of the documents posted below.) Click on image for an expanded view.
The letter also states, "the constitution provides generally that the salary of public officials shall not be increased or decreased during their term of office." That is not what the Alabama Constitution says, quote: "nor shall the legislature or any county of the state in any manner or by any means decrease, or authorize the decrease of, the salary, fees or other compensation of any such officer, during the term for which he is elected or appointed." There are no generalities to the statement. The supreme law of the state FORBIDS the decrease of an elected or appointed officials pay in "any manner or any means." That includes any reason by the commission. AG opinions do not circumvent in any way form or fashion the Constitution of the state; nor does a Commission chairperson circumvent the Constitution of the state. The key to this is the statement in the Constitution "in any manner or by any means decrease or authorize the decrease." There are no ifs, buts or "generalities," the statement is final and may only be ruled upon by a Court of the State, not a county commissioner or the authority of the commission. It is significant in the county's justification they use the words "public official" instead of an elected official. There is a difference as stated in Alabama's Constitution between a classified public official and an elected official.
Another interesting comment in the letter. Quote, "...the issue of the overpayment of the Probate Judge's salary based upon the application of the local act applicable to the Jackson County Probate Judge to the Omnibus Pay Bill was not the subject of the finding and therefore was not specifically addressed." In the previous paragraph the Omnibus Pay Bill and the local law was the reason given for the Judge's reduction and garnishment in pay. This is double talk in the attempts to justify a violation of the state's constitution in reference to an elected officials pay.
It was the county commission which authorized and paid the probate judges pay at the previous level until this year. The judge had nothing to do with the receipt of his salary. The county commission in this case is serving as a defacto judicial court ruling on the validity of a constitutional issue in which they have no authority to make such a ruling. Not only do they decrease the judges pay in violation of the Alabama Constitution, (They conveniently left out the several pay increases received by all officials, including the probate judge.) they now come forward and institute a garnishment action of the judges pay without any authority of law or order of any court.
AGENDA ITEMS:
1) A prescription discount program was presented by Mr. Ron Howard of Welldyne, Coast2Coast Pharmacy discounts. WHNT-TV of Huntsville, Al. covered a previous presentation in Limestone County. http://www.whnt.com/news/morganandlimestone/whnt-limestone-county-offers-new-prescription-drug-discount-card-20111004,0,6755361.story 2) Several issues were covered concerning the Public Works Department by Mr. Phillip Widner, County Engineer. 3) The Personnel Policy needs more work and updates before being approved. Leave without pay is one of the areas which must be looked at and changed. 4) Chairperson Bias stated the commission job advertisement resolution for the County License Inspector position within the county personnel system only would be rescinded. A new resolution is to be submitted before the commission at Monday's meeting to advertise the position within the county personnel system and to the general public. 5) The License Inspector official vehicle is broken down. The current inspector is currently utilizing his personal vehicle. However, there is no money to reimburse the license inspector for mileage. A discussion ensued to allow Ms. Erickson, County Administrator to make payments to cover mileage reimbursement. 6) Commissioner Allen requested an item be placed on the agenda for Monday's meeting to terminate the current temporary license inspector. Chairperson Bias stated she did not agree with Mr. Allen's request. Mr. Allen replied it did not matter if she agreed or not, it is the proper procedure in accordance with the commission agenda rules to place an item on the agenda of the regular commission meeting to be brought forward in the work session for inclusion on the following regular session. All blog articles concerning the license inspector issue: http://arklite.blogspot.com/search/label/license%20inspector 7) A discussion ensued concerning tax money and funds available for capital improvements as a result of a request from Scottsboro's City Board of Education Superintendent Dr. Judy Berry.
Mr. Clemmons asked the press not to quote him concerning his comments about Dr. Berry's request. His comment refering to me was , "I'm sure Morgan will misquote me."
The Chairperson and Commissioner "Little Napoleon" Clemmons (usage rights acquired)
Little Napoleon says to the Chairperson, "I'll tell the personnel director the licence inspector don't need no stink'n bond signed by the gubnor. We sure don't want no quotes, especially by that miz quot'n Morgan."