Morgan v. The County Commission of Lawrence County

Filing 60

MEMORANDUM OPINION AND ORDER DISMISSING CASE that defendant's Motion to Strike is GRANTED in part and DENIED in part; Defendant's Motion for Summary Judgment is GRANTED and all claims alleged by plaintiff are DISMISSED with prejudice; costs taxed to plaintiff as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 6/20/2016. (Attachments: # 1 Appendix Lawrence County Commission Meeting 9/30/2013)(AHI )

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FILED 2016 Jun-20 PM 01:39 U.S. DISTRICT COURT 1 N.D. OF ALABAMA APPENDIX LAWRENCE COUNTY COMMISSION MEETING MONDAY, SEPTEMBER 30, 2013 (TRACK TWO, 0:17) MR. DAVIS: everybody. All right. Welcome, Thanks for coming out this Monday morning. Is there any public comments at this time before we open the meeting? Yes? Go ahead and MS. MORGAN: for the budget. Should I (inaudible) speak I just want to make sure. MR. DAVIS: We can - we can allow you to talk for the budget. MS. MORGAN: Okay. Thank you. MR. DAVIS: Is that okay? Wait until the MR. BURCH: Mr. Chairman, I think you said budget? any public comment, but I think Okay. can you all hear? And the chairman asked that any public comment, so if you have any public comment you need come forward now. MS. MORGAN: Does the same apply to me, Mr. Davis, to wait to budget, or do I need to speak now? MR. DAVIS: If you1re speaking on the budget, you can wait and speak on that during the meeting. MS. MORGAN: Well, it's about the 2 (inaudible) MR. DAVIS: It will be about the budget. Okay. MS. PEGGY KING: Peggy King. Most everybody knows I'm I just wanted to let y'all know that at the previous meeting I asked to ask a question of Mr. Allen ashe was finishing his conversation. And, Mr. Davis, you said I could ask him later. MR. DAVIS: 1 there, Peggy. MS. KING: 1 1 I said you could ask him right Okay. Well, I was -- first of all, it was offensive to me, but I wanted to make sure that if anybody has a question -- I should have d I really would like to make it public, which was my whole idea, toask a question publicly. And I'd like to ask that everybody ask to make your questions public so that everybody knows what's being said. Thank you. MR. DAVIS: Anybody else for public comments? All right. now. I'd like to call this meeting to order This is a special meeting. on today is what's on the agenda. The only thing we can vote This agenda was published 2 a week ago. And it's -- and mainly to approve the budget, do 2 the sheriff's fees, resolution, and facilitypurchase. 3 I'd like to ask everybody now to please stand. I will ask Mr. Jones to lead us in our prayer and pledge. (Prayer and pledge.) MR. DAVIS: Can we go ahead and call roll to establish a quorum? (Roll call.) MR. DAVIS: This meeting is order now. The first item on the agenda is to approve the budget. Commissioners, I believe you have a packet in front 1 of you. I believe we have a couple of people here to speak 1 on behalf of our recent budget proposals. Who's first? 1 Brenda? MS. MORGAN: I'm also recording just case your recorder doesn't work. And, first off, I want to ask you, Mr. Davis, are you aware of a conversation that you and I had last Wednesday that I talked about Budget A, B, and C? MR. JONES: please? Could you talk in the mic, Just talk in there. MS. MORGAN: Budget A being the proposal 2 that was submitted at the first hearing that I did, beingno 2 new hire and me as Director. 2 per our conversation the other day? 2 talking about three different budgets? 2 MR. DAVIS: Do you remember A being as that Yes. Do you remember me You d you was going 4 to come bring A, B, and C. MS. MORGAN: No. Do you remember me saying I had a letter that proved about those salary raise and the ­ MR. DAVIS: Yes. You brought that to the office. MS. MORGAN: I brought it. But I asked you to come to the office to get the budgets, right? 1 MR. DAVIS: Yes. 1 (TRACK 3 BEGINS) 1 MS. MORGAN: You did. Did you come to the office MR. DAVIS: No. MS. MORGAN: to get Budgets A, B, and C? MR. DAVIS: No. I was under the understanding you were going to bring them up here after I got back from an (inaudible) meeting. MS. MORGAN: Can I address that fact now at this time? MR. DAVIS: MS. MORGAN: Sure. When I come here and brought 2 the letter that was signed to show why we were changed ona 2 different grade, Tricia was there. She took that, plus the 5 job description. MS. GALBREATH: Prentis. I did give that to you, I was back there. MR. DAVIS: We have that. (Inaudible.) MS. MORGAN: Correct. MS. GALBREATH: Okay. Also Prentis was UNIDENTIFIED COMMISSIONER: the office. You were going to go up there and get it. MS. GALBREATH: 1 1 back to the office. 1 I did. And I did carry it Bobby, Prentis, Donna and I was all back there when I give it to Prentis. MS. MORGAN: Again, Mr. Davis, you are aware that there were two other budgets to be presented, correct? MR. DAVIS: MS. MORGAN: Yes. Okay. As stated, when I got to the office, Ms. Tricia -- can I call you that, or do you want me to call you Ms. MS. GALBREATH: Ever what you want to call me is fine with me. MS. MORGAN: Ms. Tricia. I had those budgets with me and she said 2 -- I did not tell her I had them. 2 Mr. Davis. And she said, and why? - I said I said, I need to see I said, I have budgets to 6 present to him. She said, you already have. I said, no, he and I talked, and I have two more to present. And she said, let me see. She looked at them and said, this is not going this still talking? This is not going to happen. therefore, you're wasting your time. is And, so, Was that a correct statement? MS. GALBREATH: s. We need to get Karen in on Karen was standing there. That's right. MR. DAVIS: MS. MORGAN: MR. DAVIS: MS. MORGAN: You still have them today? Yes, sir, I do. Could we get those? Yes. MS. GALBREATH: everything that was d, too. MS. MORGAN: Thank you. I've got a witness to I just want that clear. Can I say one more thing while we're on this subject? Also, the reason why I wasn't at the meeting, does Ms. Tricia know why? MS. GALBREATH: Yes. Because I told you if the Commissioners needed you they would call you. did not ask me to call you the next day. They That's why you were not here. I told you I would present what was there. I told 7 you we would look up in the minutes while you were hereabout the raises. We looked through the minute book together, me, you and I and Karen. We seen that things wasn't passed in 2008, that the budget was not passed in 2008. I walked back there and presented what you presented to me. And I presented them the letter from Hillard. presented them the budget you give me. I We went over the budget you give me. And I was done exactly what I was told to do. So that's what I did, Brenda. MS. MORGAN: present But you did not let me or you did not accept those other two. I did say that. MS. GALBREATH: and we had already given to them. I had already got them, I didn't mean you didn't MS. MORGAN: Okay. I have them and he asked for them. MS. GALBREATH: Brenda, were there any changes in what you had already previously give me? MS. MORGAN: There was Budget Band C. MS. GALBREATH: already put We had in the budget when we sent the -- okay. MS. MORGAN: 25 We had Band C. budget from me in May? Has anyone seen but one 8 MS. GALBREATH: give me. We put in exactly what you And I broke down the salaries. MS. MORGAN: I did MS. GALBREATH: And I had broke down the salaries and the revenues and the social security in it just I okay, Brenda. First you give me a budget with just salaries with everything lumped together as fringes. Then you come back and me and you went over it on the telephone. social security, insurance, and retirement. I broke down What else changed? MS. MORGAN: I will show the budgets that I have. MS. GALBREATH: MS. MORGAN: Okay. And at this time did I call the office on Thursday and ask should I be at the meeting? Yes or no. MS. GALBREATH: meeting you want to. You can come to any It's not my MS. MORGAN: Did I call the office and ask Karen should I be at the meeting? MS. GALBREATH: I don't know what you asked Karen, because we were in here. MS. MORGAN: May I present it at this t ? Okay. I have a recording. 9 MR. DAVIS: I would rather you just give MR. BURCH: We're not -- who's on trial us -­ here? MS. MORGAN: Myself. Thank you. MR. DAVIS: Can we just get the budgets and then take care of this later? MS. MORGAN: 1 of it. But she said she wasn't aware I had asked to come to the meeting. 1 MS. GALBREATH: 1 MS. MORGAN: 13 MS. GALBREATH: 14 MS. MORGAN: 1 Thursday, Brenda? Yes, ma'am. During the budget hearing? Before the budget hearing, yes, ma'am. 1 MS. GALBREATH: 1 MS. MORGAN: 1 MS. GALBREATH: No. Did you talk to me? Karen. That's right. well, I was not the 1 MS. MORGAN: 2 The media even heard, EMA is 2 on the phone and would like to know if they need to goto 2 the -­ MS. GALBREATH: Well, we asked the 2 Commissioners and if they told me no, we told you no. 2 not. They were discussing it. We did 10 MS. MORGAN: I am serious. I called and it was heard by the media that EMA is on the phone and would like to know if they need to be at this meeting. And they you No. it was told -­ I would love to tell - I'll go ahead and tell you what it said. If they need you they said they would call. MS. GALBREATH: WeIll that is what we said. MS. MORGAN: 1 for word what I said. 1 I would like you to hear word And it is saying that if there's anything major (TRACK 4 BEGINS) 1 being done on EMA, anything at all being said, that Iwould 1 like to be at the meeting. 1 by the one I was talking to, which was Karen, that there-­ 1 all I know is that the budgets will be discussed, but nothing 1 will be voted on until Monday. And it was told on the recording I said, well, you make sure you tell 1 l would like to be there if anything is done. 2 cia that I paper is major. When you're told no, no need l you don't know what to 2 2 What's in the do. But you wouldn't even admit that you knew that I called and it was -­ it was 2 2 MS. GALBREATH: We had a meeting going. don't know what all went on that day. The-­ I 11 MS. MORGAN: I'm sure you don't. MS. GALBREATH: The Commissioners were discussing it, that's right. MS. MORGAN: I'm sure you don't. MS. GALBREATH: That's f MR. JONES: MR. DAVIS: Point of order. MR. JONES: time. Mr. Chairman, point of order. This debate can go on a long Ms. Morgan, get your budget and present it to us. And 1 anytime that anybody want to come to this County Commission 1 meeting they have a right to. 1 department head should come to the budget request just in And anybody that is a case we want to ask questions. So we don't need to have this debate here. Just pass your budget out, we'll look at it, we'll go from there. Thank you, Mr. Chairman. MS. MORGAN: request, before we get to By the way, due to the budget se budgets can I address what's in the newspaper to do some rumor control, because it is concerning the budget. Everything that I am saying is concerning the budget. MR. JONES: MR. DAVIS: Commissioner? MR. JONES: 2 Mr. Chairman? Brenda, is there anything in the newspaper that's incorrect? 12 MS. MORGAN: MR. JONES: Yes, sir. Well, then, we need to correct it. MS. MORGAN: s is the article Thank you. the newspaper, and I have numbers on them, so everything that I am going to discuss, when you look at the numbers -- if you will pass these around to them - if you look at the numbers, you'll knowexactly what I'm talking about. Number 1. 1 Does everyone see Number 1 on that? The 1 Lawrence County Emergency Management employees raises 1 that never approved county officials -- was never approvedby county officials. Do you see this? MR. JONES: MS. MORGAN: Okay. I presented a job description, a letter, and a salary, '08-'09 salary chart. I am assuming that several things have not been given to Commissioners. I have one for each of you at this time. The EMA budget, who has approved the EMA budget for the last two years? 2 Is it this set of Commissioners? I have presented those budgets with these salaries 2 on it and during the budgets also was to let you know that we 2 were still not at - 2 because we were not topped out at our salary. we were still getting step raises 13 Is this correct at this time? Did y'all approve the last two years' budget? MR. JONES: MS. MORGAN: That's correct. Thank you. At each of these budgets, I, for the last two years, Brenda Morgan, Deputy Director, have stood in for the Director, lIard Frost, due to his absence, and presented these personally to you. give you a copy of that That on the budget where - and I will will be no discrepancies, 30 percent TVA salaries, 70 percent EMA -- 30 percent of the TVA budget, salaries, was from TVA; 70 was fromEMA. Did -- and did you approve these budgets, correct? MR. JONES: MS. MORGAN: the 1 1 1 to present how they were presented. I will tell you what I am passing around, and then each of you will have a copy and I won't waste time onthis. 2011 budget. 2 will have to pass this around. 2 about that. 2 I have a copy of each of of each of these, but I would I 1 2 Yes. I did not make enough copies, so you It's only two copies. Sorry Our copy machine broke. I also have a copy of our budget in 2010 (TRACK 5 BEGINS) 2 before you Commissioners come in where you will know that I 2 am not trying to put something over y'all. Presenting to 14 each Commissioner. I also have those, please? oh, can I have a copy of each of I want to make sure that I have one of each of everything where if you have any questions I'll have one. MR. JONES: Mr. Chairman? MR. DAVIS: Commissioner. MR. JONES: Ms. Morgan, would you just read out the totals of the 2011 budget? Just read this out and then pass around how much we funded the 2011 budget, and then do each one of the same way. MS. MORGAN: I am going to pass around now at this time a 2013 pay scale, which shows the Plannerat $59,030.40. That is $28.38 per hour. Deputy Director was $31.08. Salary 64,646.40. Director, per hour, $33.62. His annual, 69,929.60. It took us five years to top out on this. to pass this around. I'm going Then I'm going to show you the 2008 '9, and tell you where the beginning salaries were. And there is 1 already some Commissioners, and Ms. Tricia received this, but 2 other Commissioners have not. 2 The one coming around next I am going to read the 2 figures where everyone will know. 23 salaries after we got our 24 2 This is the beginning se. The Planner salary annually 41,579.20. the first level. This was presented to - That was on to a Commissioner 15 and Mr. -- Ms. Tric 2 Would y'all like to know what Commissioner received 3 it if y'all did not receive it at 4 to know what Commissioners received it? MR. JONES: MS. MORGAN: s time? Would you like (Inaudible.) Mr. Burch is one of them, Tricia is the other one. The Deputy Director salary, 45,572.80. after - that was the very first year the salary was given. The Director's salary, 49,233.60. 1 That was 1 salary that we began at our pay scale. 12 This is the It took five years to top out again. 13 MR. JONES: Mr. Chairman? 1 MR. DAVIS: Commissioner. 1 MR. JONES: Ms. Morgan, is this salary 16 county bonds -- is this county bonds for the -­ 17 MS. MORGAN: 18 1 This is the full salary. 30 percent of these salaries have always, not just these years, but always 30 percent of the Director and Deputy Director was paid by TVA, Browns Ferry funds. Part of those salaries on there we received funds 2 22 from federal and state. On the budgets that you will receive 23 that has been given to y'all breaks down some of that that 24 we -- 2 that is approved. 's always an estimate because we never knowuntil 16 I know some of you probably do not receive this. Ms. Tricia, Prentis, and Bobby was here when s was turned in. Job descriptions given. MS. GALBREATH: They did all get a copy of that. MS. MORGAN: You don't have to speak. I'm passing it around. MS. GALBREATH: 1 And they did get a copy of (inaudible) . 1 MR. JONES: 1 MS. MORGAN: Okay? Do all this go together? Each of you need a copy. The first budget that was presented by me the only one that so far has got to be presented is what lam going to call A. The second one is B, and that is with a Director and a Deputy rector never been presented. (TRACK 6 BEGINS) 1 The other one is what I highly recommend for theEMA 2 office. It is a Director and a new hire at Grade 5 starting 2 out like all other employees at the EMA office has at agrade 2 lower than the employees at the time. The salary for this Grade 5 employee that I am 2 2 requesting is $11.89 starting pay. Due to the 24 years that Tammy and I both have and 17 in with the County, it is my recommendations for you to seriously look at C, to have an employee to learn to knowhow to run the office in the case of Tammy and I coming up for retirement. And this is very highly recommended. So I will pass this out at this time. Highly recommended C is passing around. Budget A, as I talked about, was the budget that I presented which under the request the letter that was I thought the County was not going to have enough money, but due to the raises that some of the new hires have got I realize that I -- we probably had -- y'all probably had enough money to do Budget C. Budget A was only submitted because I thought the County needed to have less money in the budget, but we do not -- I do not recommend A as the budget as much asC. Budget B, please look at this closely. If you hire a new Director, or I am the Director and you hire afull Deputy Director Budget B is going to be very expensive tothe County. And this person is not starting low like most employees do to start out. I will address any questions you have concerning those budgets any time you want to ask them. MR. JONES: Mr. Chairman. MR. DAVIS: Commissioner. MR. JONES: Ms. Morgan, was said and it 18 was in the newspaper that 81,000-dollar salary was Mr. Hillard Frost. Is that Mr. Hillard Frosti is that correct? MS. MORGAN: Can we start if that's the subject we want to start on, each of you, if you will get your daily copy that I give you, I will start with Number 1, and we will -- I will pause for any questions on Number 1 that you have after I read what is correct. Okay. The Lawrence County, we have just read that. 1 On this, one of the items it has, it says two employees. If 1 you look at the job descriptions and that letter, it has all 1 three employees on it: Planner, Deputy Director and Director. I presented the job descriptions as what y'allwere looking for. I presented the letter that was presented as requested per our personnel thing. the salary chart. presented this to This was in '08-'09 and I still had a copy there. I have you know who I presented it to, Mr. Burch and Ms. Tricia. And I explained - we have explained over andover to this Commissioner, and it on the budgets, plus the prior Commissioners always that 30 percent TVA funds support the salaries for Deputy Director and Director, and ahundred 2 2 percent the planner's salary is paid out of that. If you will look at your budgets, always it says 19 estimate funds from state and federal. That's an estimate. We do get money from them and it comes back to the (TRACK 7 BEGINS) County. You can see that it is not that much that the -­ that the Commission has ever paid for EMA. That's on 1. Has anyone got any questions concerning the daily with Number 1? MR. JONES: So you're saying that Mr. Frost did not get paid $80,000? MS. MORGAN: 1 1 here further. 1 numbered. No, sir. That's not showing the 80 If you will stay That is on down I've got them number I won't have to flip back and forth. 1 MR. JONES: 1 MS. MORGAN: 1 MR. JONES: Okay. No, he did not. And you are getting paid 17 64,000. MS. MORGAN: that I passed around. Yes/ sir. That was on that I've already said that. It's already -- let me look at that. Yes. Where is one of the things that I first passed around with the 2013 budget? MR. DAVIS: MR. BURCH: 2 2 me ask you this: Got three of them right here. We can shorten this up. Let How much county fund was paid out of this? 20 MS. MORGAN: It shows on that every year s is not what I approximately -- this right here -- no, was going to -- this is not the one I'm looking for. MR. DAVIS: helps. I'm sorry. I've got two more here if that Pay scale. MS. MORGAN: MR. DAVIS: Pay scale. 2012. There's 8. (Inaudible. ) MR. DAVIS: 1 Bobby should have a copy in the drawer. (Inaudible. ) 1 MS. MORGAN: 1 all have it. You have it. Well, it's right there. There it is. You Here it is. (Inaudible. ) MS. MORGAN: to look. Here it is. You don't have I know exactly what it is. Again, Mr. Frost EMA salary 69,929.60. MS. GALBREATH: is how much? Expense allowance of TVA Makes it how much? 2 MS. MORGAN: This is the total salary. 2 MS. GALBREATH: 2 MS. MORGAN: No, ma'am. MS. GALBREATH: 2 called a salary. 2 he retired. Plus expense allowance. The expense lowance is I can show you where he makes $82,000 when Let me pull the papers. 21 MS. MORGAN: That is 911 salaries included. MS. GALBREATH: That is his salary, plus 911. All right. MS. MORGAN: salary? But does the paper say 911 It reflects EMA only. MS. GALBREATH: Yeah. It's his total salary ogether. t MS. MORGAN: 1 I am addressing EMAj is that not correct? 1 MS. GALBREATH: 1 MS. MORGAN: 13 Commissioners? 14 employee, am I? 1 Okay. Is that correct, I am not talking for 911. I am not a 911 Is everybody aware that I am not 911? MS. GALBREATH: That's probably where the discrepancy comes out. MS. MORGAN: Admi strator acting. You are the County You should have known the difference. MS. GALBREATH: MR. BURCH: 2 MS. MORGAN: Brenda, we told -- it was two jobs combined was that salary. 23 I did. EMA I'm addressing. 24 69,929.60. 2 MS. GALBREATH: But it was both salaries 22 when we were discussing it with the newspapers. MS. MORGAN: Okay. MS. GALBREATH: Mr. Mose. That is what he makes, You asked the question. MS. MORGAN: Point taken. I answered. Number Two. Interim County Administrator, Tricia Galbreath, said, for some reason, 30 percent of the money the County received from TVA Valley Authority went to salaries EMA Director Hillard Frost and Assistant Director Brenda Morgan. 1 That has always been. 1 MS. GALBREATH: 1 MS. MORGAN: Well, I thought I Mr. Frost has been EMA Director -- I mean in the EMA off been there ten years. And for 24 years. I have has always been that way. Any questions on that? Item Number 3 in the paper. The move increased pay to more than 80,000 annual and put Morgan's salary at more than 64,000 per year. Morgan County is more than twice the size of Lawrence County, and EMA Director makes just more than 60,000 annual. Address f t part of that 80,000, we have that correct now, that it was 911 funds included in that. the Director of 911. Is everyone clear on that? MR. JONES: MS. MORGAN: Yes. Any questions? He was 23 The second part, concerning Morgan County. have more people They Morgan County in the EMAoffice. Therefore, they do not have to do as many 24/7 days oneall that we do. They have more people to rotate it with. I do not know what they make and have never questioned it. But they have more people to rotate 24/7. Any questions on Number 3? MR. BURCH: My question is this, Brenda: I mean, as the Deputy Director you're making close towhat Morgan County does. And you're talking about minutes, (TRACK 8 BEGINS) whether it was approved or not, or how 30 percent or70 percent. We have a responsibility to the taxpayers. I don't know any other way to compare what your pay, whether itbe high or low, is to look at other counties. MS. MORGAN: MR. BURCH: They will -­ Let me finish. We are one of the highest paid EMA offices in the state. Period. that - we're not talking about the quality of the job that you're doing. Now, that doesn't mean - we're not saying Nobody's ever questioned that. We're in a situation where, by your own admission, we are making cuts. We have to make cuts. Number two, we have a new Director. It is the time 24 to do it. We have a fiscal budget. It's the time to do it. So all of this, to me, whether you're talking about 30 or 70, or whether the minutes were approved ornot approved, you're looking at the bottom line and what weare using the taxpayers' money to spend, are we doing it wisely. MS. MORGAN: I'll address that again. 24 years in, it took me five five years to top out. it took all of us I cannot -- if you are cutting everyone, but just say because we are topped out and you 1 don't like our salary, you hired someone with a 1 SO,OOO-dollar - and I do not begrudge that at all because it 1 is deserved SO,OOO-dol 13 what we started out on that pay scale. 14 of EMA was making that when we started out on that pay scale. 1 We have topped out. a year se. That is more than Not even the Director You may not like it, but that's where it's at. you have approved it for the last two years. (sic) issue, Mr. Burch? Because of the issue -­ MS. MORGAN: 2 cut my salary? 2 want to cut my salary. 2 Why is it now a Just because the Director -­ MR. BURCH: 2 retired now you want to last two years. 2 2 And That is a question. He retired and now you And you approved the budget for the MR. BURCH: My question is how can we justify paying a Deputy Director? Is it true that a lot 25 counties don't even have a Deputy MS. MORGAN: rector? I'm going to address the other counties that was mentioned here if y' I are ready. When we get to that if you'd like me to, or do you want me to skip on down there? Line item 6. page. And you'll have to look on your second We'll go ahead and address that. The Commission is proposing to cut the Director's pay to 48,951, which is still more than what Colbert and 1 Winston County pays their Director. 1 Okay. Let me go to my 6. 1 Colbert and Winston County does not have the Browns Ferry Nuclear Power Plant 2, 5, and 10 EPZ, and are not responsible for the planning and the goes into the Browns Ferry. all the work that We have to do extreme exercises, extreme planning at everything. You used two counties that does not compare to our county. Is there another county you would like to address at this time, Mr. Burch, that does compare with us? MR. BURCH: No. I mean, we're under extreme crisis, too. MS. MORGAN: It was under extreme crisis. Can I go off just a little bit here? 2 2 MR. BURCH: Brenda, when you're talking about doing these extra jobs and everything, are you going 26 over 40 hours, or are you doing your job? 2 You're talking about Ben over here who's qualified 3 who has a designation -- and I'm serious. 4 talking about going above and beyond and doing this extra When you're work, it's still within that 40-hour frame. MS. MORGAN: Never 40 hours if it's a disaster with Browns Ferry or any storms. MR. BURCH: It's 24/7. If it is going above 40 we pay you, correct? 1 MS. MORGAN: 1 MR. BURCH: 12 We don't pay you any overtime MS. MORGAN: 13 14 No, sir. The only time that we have ever got overtime was during the '08 tornado. 15 MR. BURCH: 16 MS. MORGAN: 17 extreme times. 18 which is extreme time. And 2011 because that was We do get comp time, but I will address something else. You keep saying y'all having hard times. 1 the last meeting. 2 only - I was at You wanted to promote an employee that I'm not begrudging this by no means. 22 I do not care what anyone else makes, but everybody 23 seems to care what I make, so I'm addressing that you wanted 24 to give an employee of 18 months under the -- at the Road 2 Department $78,000, which was 8,000, if I'm correct -­ 27 (TRACK 9 BEGINS) is that correct, Ben, more than you were making with eight years? MR. DUNCAN: Roughly. MS. MORGAN: Thank you. And you - if youtre having hard times, an employee thatts only been inthe for 18 months MR. BURCH: (Inaudible) where we were going to get half, we were actually saving money. 1 MS. MORGAN: 1 MR. BURCH: 1 budget. What is their 30 percent? Brenda, letts stay on your Letts not begrudge it. MS. MORGAN: You started it. Youtre begrudging. Letts get back on this, please. Where are we at on this? Number 4, wetve already discussed. MR. DAVIS: MS. MORGAN: Okay. Number 5. I think wetre on Number 7. Wetre on Number 5. I was not aware of what took place, but I did ask to come out to the meeting. I did want that to be presented. Number 6. We went over that. Colbert and Winston 2 Counties, why they are paid less. Does everybody understand 2 that, or is there any questions why ours is more? Any 28 questions? Number 7. to 41,922 annually. Morgan's pay will be trimmed from $64,640 Is any Commissioners aware of why we are more -- do I need to address anything else on this matter? MR. JONES: Mr. Chairman? MR. DAVIS: Mr. Jones. MR. JONES: So, Brenda, your pay is $64,640 and the Commission said they're going to cut yourpay of around by, what, $20,OOO? 1 MS. MORGAN: 1 MR. JONES: 1 Yes, sir. And how many years in the County? MS. MORGAN: MR. JONES: 24 years. Now, I have got a serious problem here, no matter what anybody says. And it's nothing against Ben, again. MS. MORGAN: MR. JONES: It isn't with me, either. (Inaudible). Now, Mr. Rushing, I recall, and even Mac Rushing told me (inaudible) that you told him that his salary was too high. And Mr. Rushing has been a salary county engineer for around about 30-something years, which left him making about 136,000. And I have no problem with Ben, but if one is going 2 to sacrifice, then all need to sacrifice. You don't give 29 some and not give others. then cut in all others. If we going to make everybody cut, (inaudible) not give some more than you do That's how I feel about that. But when you got an employee been here 24 years, and then you going to cut her pay? employee's face, That's a slap in that in my opinion. Thank you. MS. MORGAN: MR. DAVIS: 1 short. Brenda, I hate to cut you We have got other departments. I understand where you're coming from about the 1 1 Thank you, Mr. Jones. paper. It does look bad. MS. MORGAN: I have one more question. I need to discuss Line Item 8. The Commissioner also agreed to re-advertise fora permanent Director and post the new salary. I -- were you aware per our conversation that I have got something I'vegot to send in to the State concerning the budget as of today? MR. DAVIS: I wasn't aware of that, but we -- we still have to vote on that before we do that. MR. BURCH: cannot vote. That was misinformation. We We never did vote to do that. MS. MORGAN: I know. That's why I'm here today. MR. BURCH: Just because the paper said 30 it, it was in error. re advertise. It does say in there that we voted to That's not we couldn't vote the other day. MS. MORGAN: Okay. If you hire a new Director, you sincerely need to look at Budget Bthat includes a Director and Deputy Director. Any questions on Budget B? MR. JONES: statement here. Well, let me make this And, Mr. Burch, you have said this, that I didn't have no problem with it. When Mac left you wanted to put Ben in his position, and I told him we need to advertise that. And then -­ MR. DAVIS: We did advertise that, MR. JONES: Yes, sir, we did. Mr. Jones. I'm trying to make a point, Mr. Chairman. She is the Assistant Director, then why didn't we move her up? She the Assistant Director, and been doing it for 24 years. And nobody made a motion to move her in that position. And we did -- we did have the screening and what have you. And I'm going to say this in here -­ MR. BURCH: We voted, too. MR. DAVIS: We brought it up for a vote and it got tabled, commissioner. MR. JONES: It's still on the table. It's on the table, but -­ 31 MR. BURCH: He's talking about why we MR. JONES: Well, that's right. advertised. But no one brought up to move her up like we did Ben. MR. DAVIS: We did advertise it. MR. BURCH: Well, why didn't you? MR. JONES: My point is this: You know as well as I know since she's been here in this county for 24 years she (TRACK 10 BEGINS) 1 1 is more qualified to be the head than anybody you can 1 advertise for. That's my opinion on it. MS. GALBREATH: Weren't we told in the handbook that we have to advertise and we can'tpromote within? MS. MORGAN: MR. JONES: Thank you for that comment. Yes, ma'am. MS. GALBREATH: I think that's what was said -­ MS. MORGAN: Thank you for that comment. MS. GALBREATH: that job. It was in the handbook. MR. JONES: 2 2 - that we advertise for Correct. MS. GALBREATH: It was brought up -­ somebody raised their hand in this board meeting when we 32 that we had to asked to promote within and clarif advertise, that you couldn't promote within. MS. MORGAN: what I was told. Thank you for that. That's Thank you for the clarification. Last week at the meeting on Tuesday, Mr. Burch, after we all - and you verified it. Thank you very much. He asked to promote the -- instead of advertising -- the Road Department employee. Is this true? MR. DAVIS: Brenda. I brought that up. promoting somebody within. When -- that was all on me, I wasn't aware about the That's all on me. MS. MORGAN: I know, but Bobby Burch was aware and he made a motion; is that correct, Commissioners? MS. GALBREATH: We have not -- we've got a classification. MS. MORGAN: MR. JONES: MS. MORGAN: MR. JONES: did want to move him up. John Barclay. this correct? What is correct is that ­ Is that correct? What is correct that Mr. Burch And I asked to advertise, me and And then the same on that, that is correct. MS. MORGAN: the floor. No, but And he did make a motion on And did Prentis take the you took his chair, 2 and Prentis sat down, and they voted on it, but it was not 2 enough majority; is that correct at this time? 33 MR. BURCH: That is correct. MS. MORGAN: Thank you, Tricia, for verifying that it was supposed to be and Bobby showed that it was different, and Prentis Davis sat down and he showed that was also different. Thank you, Tricia. Because what's right for one is right forall. On Number 10, Burch said the County could have used part of the TVA money to buy public storm shelters and weather sirens. Okay. 1 I asked was the last meeting recorded that I 1 come to concerning the budget, and it was after an interview 1 and everything. This was brought up, I think Mose Jones said, can we buy sirens? I hope that meeting was recorded. Tricia thinks it wasn't, but I hope it was. I know some in the audience had No sirens can ever be purchased with Browns Ferry money. Mr. Burch was tried to -- been explained this several times. Browns Ferry has their own sirens. 2 fact, 2 Ferry EPZ. 2 As a matter of meeting. 23 they have 35 that's free in the 2, 5 and 10 Browns This was brought up. And Burch was at the No money can -- of this can be used for sirens. 24 money of this can be used for storm shelters. 2 know that this money is for the planning, preparing of No You need to 34 Browns Ferry Nuclear Power Plant. We have exercises, extreme planning, extreme work with this money that is given to the County on this particular item. It does supplement those salaries, as already mentioned. Is there any questions whatsoever about that Browns Ferry Nuclear Power Plant money TVA funds at this time? I will address them. MR. JONES: So we cannot use this money to 1 buy storm shelters and what (inaudible), we cannot use this 1 money? MS. MORGAN: 1 MR. DAVIS: No, sir. But we can give MS. MORGAN: 1 Yes, sir. for ses. EMA employees is 1 part of the planning process of this. All of this exercises 1 and everything is done out of the EMAoffice. 1 MR. DAVIS: Okay. 1 MR. JONES: Brenda, on this 911 money, 1 where is that money coming from? MS. MORGAN: 2 I am not a 911 employee, but 2 it comes from funds from the phones, the phone charges that 2 each - everybody has. And that budget costs the County zero. 2 2 The Browns Ferry Nuclear Power plant budget costs the County zero. The only budget out there the EMA. The County 35 does supplement part of that. C with the EMA. You have got Budget A, B, and And, like I said, this was supposed to be given, but I was told that this could never happen. Like I say again, I highly recommend Mr. Jones-­ Mr. -­ excuse me -­ can I address Mr. Davis again? You were aware that you did not receive Budget Band Ci is that correct? MR. DAVIS: MS. MORGAN: Not yet. I did today. Thank you very much. But you was aware that I did have it, correct? MR. DAVIS: I was aware that you were -- I was going to see. MS. MORGAN: Did she tell you that I wanted to see you and submit those? MR. DAVIS: I believe I left when you were here. MS. MORGAN: Okay. But you're still aware that you did not get those budgets, correct? MR. DAVIS: MS. MORGAN: I'm sorry? You know that you didn't get them and they was MS. GALBREATH: I handed the budgets to him and Bobby in Donna's office before he left. He was going out the door to go to work. MS. MORGAN: Oh, you handed them to him. 36 So did you get Band C? (TRACK 11 BEGINS) MS. GALBREATH: MR. DAVIS: I gave them a copy. I did see a copy, yeah. MS. GALBREATH: And the job description and the budget was all handed to you as you were walking out the door. MR. JONES: Mr. Chairman? MR. DAVIS: Mr. Jones, we have got a point 1 MR. JONES: Mr. Chairman, only this -- let 1 me clear some things up here. 1 of order. 13 14 Lawrence County Commissioners are part-time Commissioners. 1 We don't meet here every day. We hired a (sic) engineer to run the Engineering 1 Department. 1 things. 1 operation. 1 We hire Dave Martin to take care of the legal And your County Administrator take care of the daily You don't have to present me a budget. 2 you want to. 2 Administrator makes sure that the Commission gets it. 2 Just go to the Administrator. You can if Now, play this up again. Any department head have a right to come to this Commission meet 2 budget. 2 public meeting. And the and present their Don't nobody have to tell you to come. It's a I would like for you to be here just in case 37 we need to have some questions concerning your budget. If you had been in the last meeting we could have asked these questions, and we will not be going through all this time. MS. MORGAN: Correct. Can I present that tape saying how I asked to come out here? May I present that? MR. DAVIS: I'd rather you do it outside of a meeting, if you don't mind. We have 1 MS. MORGAN: Can we go in executive 1 session before, and let you listen to this tape? 1 I Because ­ MR. JONES: Point of order again, Brenda. Ms. Morgan, and I don't think it will be appropriate for the tape to be run right now, Dave, because we're not on trial. What do you think? MR. DAVIS: We're not -- executive session is not even on the agenda, and we can't have that. MR. JONES: do you think? Yeah. I And give a legal opinion. just want to ask what What do you think, Mr. Martin? MR. MARTIN: body to hear it or not. 2 2 Well, I think it's up to the I don't know, you know, what difference it would make in the grand scheme of things. MR. BURCH: Just assume that what your 38 tape is saying is correct. Let's just fix it from here. MS. MORGAN: Thank you. I did - I called that morning and asked to come out here and was told no. MR. BURCH: Which is your Budget B, and A, and C because I don't know if you have had enough papers that made it around to us. MS. MORGAN: I did, but I think some - I don't even know if I kept a copy. At the bottom, if you'll look at it, it has me as Director and a an employee hired at Grade 5. Does everybody have a copy of that? (Inaudible.) MS. MORGAN: recommend. C is what I highly That is what I am presenting. MR. JONES: that's C? Yes. This is C here, $57,618, That's what you're talking about? (Inaudible.) MR. JONES: Oh, I'm sorry. They going to put me in jail. (Inaudible.) MS. MORGAN: Yes. There it is. Everybody look at that one on the back. Have you got that one? MR. DAVIS: MS. MORGAN: Got A and B, but -­ Well, I passed everyone of 39 them around. They must have got (Inaudible.) MR. DAVIS: This is 57,000. MS. MORGAN: Okay. These two. I'll give yours right back if you'll look on with him. MS. GALBREATH: Brenda? Which one -­ which one of your budgets reflects 48,951 for the Directorof the EMA? That's what we've got figured MS. MORGAN: - this is mine. Oh, you never did get this one I'm sure. MS. GALBREATH: the budget. This is the one we put in We need a copy. MS. MORGAN: the Commissioners That is one that per one of if y'all would like me to say-­ requested us to do a letter. Would you like me to present that letter, or y'all have already seen that? MR. BURCH: brought up that letter. mentioned in August. And I -- Brenda, I We brought -- we mentioned I Nobody was interested. MS. MORGAN: very front of it has Yeah. Okay. On the budget that the - just look at page B, the second page. It says the estimate County expenses of $53,271. Does everyone have that one turned over? MR. JONES: I have it. MR. DAVIS: I don't have it, Brenda. I 40 think I gave mine back to you. MS. MORGAN: I don't have it. Everybody's got them passed around. MS. GALBREATH: Let me see that. We can make them a copy of it. MS. MORGAN: There was at least eight of these. MR. BURCH: That's an e-mail where she -­ (Inaudible.) MR. JONES: 1 Let her make a copy. 1 (TRACK 12 BEGINS) 1 (Inaudible.) MS. GALBREATH: present what we got. Well, we've have got to We've got to make a balanced budget. (Inaudible.) MS. GALBREATH: I'm sorry, but I need ­ we have got to figure out the differences. (Inaudible.) MR. JONES: Mr. Chairman? MR. DAVIS: Commissioner Jones. MR. JONES: I make a motion for a recess. MR. DAVIS: I've got a motion here on the Is-minute break. 2 2 floor for a break. Do I hear a second? MR. BURCH: Second. 41 MR. DAVIS: All in favor say aye. (Vote.) MR. DAVIS: Motion passes. We'll leave for ten minutes. (Recess.) (TRACK 13 BEGINS) (TRACK 14 BEGINS, 2:25) MR. JONES: Motion to come back in MR. DAVIS: Got a motion to come back in session. 1 1 session by Commissioner Jones. Do I hear a second? MR. BURCH: Second. MR. DAVIS: 1 All favor? (Vote.) MR. DAVIS: Back in session. (TRACK 15 BEGINS) MR. DAVIS: MS. MORGAN: Back to your budget, Brenda. Yes. This is the one that I would like to present today. MR. DAVIS: MS. MORGAN: 2 2 This is C. On the very top of it, it shows the EMAsalary, $57,618. 2 A, B, is this C? This does not include the 30 percent TVA salary. If you will look on the back, it shows -- the very back page, the total budget that I am presenting is $89,750. 42 This salary -- this is only showing the Director at 70 percent. The salary pay is only 50 percent of a new hire. Planner Assistant at Grade 5 at $11.89. You see the estimate funds that we possibly will get back from FEMA and State. comes. We never know until the agreement The estimate cost to the County is $53,271. The TVA budget that was presented, you will have to -- it will have to have a little tweaking because itwould include instead of a part-time person that was on that, it would include the step grade at 5 and 11.89. So the salary would be a little bit different on the TVA budget. Everything else will be the same. And we can get with you, if this is the one that is approved, we can get with you and give you the exact figures on that. But it will - the TVA will cost the County nothing. So if this one is approved, and y'all agree to hire that one and I highly recommend because you have two employees at this office with 24 years. And if we don't get someone trained that it can be an office that is not prepared for any disasters in a few years from now. Again, estimate County expenses $53,271. MR. DAVIS: MS. MORGAN: MR. BURCH: Thank you. Any questions? What is the difference between 43 the C and the A? budget. Back in late August you gave us the first Was that A? MS. MORGAN: A. MS. GALBREATH: MS. MORGAN: (Inaudible.) WeIll look at the full budget. MS. GALBREATH: MS. MORGAN: Right here l $75 1 331. But how much is it going to cost the County? MS. GALBREATH: 1 $38 / 852. 1 do it on how much the expenditures are. 1 change the revenues. But we have to And we'd have to And -- but the difference between the two budgets is $14,419. MS. MORGAN: employee. Yes. And this is a full-time And that is ­ MS. GALBREATH: MR. DAVIS: A full time employee? Brenda, let me just make a statement right quick. MS. MORGAN: 2 2 2 You're probably looking at the wrong thing. MR. DAVIS: Order. Just because we don't pass a budget don't mean we're 2 passing a vote to hire somebody. That's got to be separate. 2 I think that's where the misconception was 2 think just because you pass a budget means you still have to the past. I 44 pass for raises, or cuts, or anything. So what we need to do today is pass a budget as it is now. And then if we hire, or if we cut, we can amend this budget. That's not what we've had in the past. We've had this budget that passed at the first of the year and you never really hear anything about it for 11 more months. And what this Commission is trying to do is tomake a budget, make it a living budget that you look at every 1 month and you stick to. You bob and weave. If you see an 1 expense, you take that out of your budget. 1 somewhere you can save, you put that back in the budget. If you see So that's what we need to do today. MS. MORGAN: Can I address what you just said? MR. DAVIS; MS. MORGAN; You can. You may. EMA has never, to my knowledge, ever went over their budget. I do a budget that has to be prepared to go to the State of Alabama that mustbe sent by the 30th of each month. EMA has, to my knowledge, since I've been in there 2 for ten years, has stayed within our budget that was approved by the County Commission each and every year, because I -­ 2 the expenditures comes from the County. Unless they fail to 2 give me some of the expenditures, I have stayed within the 45 budgets. I am the one that has prepared these monthly reports monthly for ten years. MR. JONES: (inaudible). past. Mr. Chairman, let me Because you said it hadn't been done in the I've been here 27 years. And when we passed a budget most of the department head has stayed in their budget. Now, this year, or during this administration we spent out of our budget because we spent money that wedid not have in the general fund. problems. So that's what's causing And we never did amend the budget. But, now, since I've been here, we have passed a budget (TRACK 16 BEGINS) and most of the department heads know what they have. Now, the only problem is when you spend, and you don't never come back and amend the budget -- and we didn't come back and amend this budget. And that's the reason why you had the. shortfall in the general fund. MS. GALBREATH: to catch all of the - Well, the general fund has all of the slack that is leftover. Any of the grants, anything that comes into the fund, wehave to make up funds in the general fund. So that's where your shortfalls comes. 2 2 Even - that's the everything is there. I mean, the bills get paid and But all of the grants, when we get our 46 grants, sometimes these salaries is based on grants. then when the grants gets caught And when the grant goes away the general fund are making them up. And that has happened with quite a few things. goes for That that's happened in Transportation, that's happened in Aging, that's happened with the Drug TaskForce. And when you base salaries on grants, that's what you get into when the grants run out. The general fund has to make it up. MS. MORGAN: 1 1 with her. That is correct. I agree And MR. JONES: 1 ia, on that, if we could have said that we're going to have 80 percent of a 20percent 1 match, we need to make sure that that 20 percent match isin 1 the general fund is in that grant. 1 then we don't need to deal with the grant. MS. GALBREATH: 1 And if it's not in there, And we have done that in 1 this budget. 1 budget. 2 general fund what you are going to put out of the general 2 fund for EMA, what your grants are going to have to match for 2 Community, Transportation, Aging, Drug Task Force, Mental 2 Health, Narcotics. 2 have to match. 25 That is what we have tried to do in this That is in your transfers. We have put in this You've got quite a few things (inaudible) MR. JONES: And, Tricia, again, we did 47 that in the past MS. GALBREATH: Make sure that everybody understands that. MR. JONES: (Inaudible.) MR. DAVIS: Order. MR. JONES: The Commission voted to pay certain things out of the general fund that we didn't budget for. MS. GALBREATH: MR. JONES: 1 1 1 Now, if we had went back and amended the budget, we I want to clear that up. MS. MORGAN: 1 1 And that's what's causing problems. would have been okay. 1 That's right. EMA has never asked for an amended budget, because we have stayed within our budget. And, again, as Tricia did recall, if grants did not 1 come in I have a total budget of $89,750 that this wouldcost 1 the County. 1 I do want you to be aware that if the funding did 2 not come, that it would cost the County only $89,750 forthe 2 new hire and me as Director if that is what happens. 2 So she's correct. If something were to happen -­ so far we've been pretty blessed. But the TVA funds is 2 guaranteed. There is a contract and this year -­ through 2 this year. And, hopefully, it will be a better one when we 48 submit for the next one. Is there any more questions for EMA? MR. DAVIS: MS. MORGAN: MR. DAVIS: bel Thank you, Brenda. Thank you. One last thing on that. I what happened back in 108- 109 was not a reflectionon our past EMA Director or Assistant Director. I think our rector went by the book, the handbook, his guidelines, done what he's supposed to, and received a raise. 1 Now, what happened behind the scenes on that is not 1 exactly clear. It's not in the books. 1 motion made that I can find. There never was a And I think that1s where the hiccup is. On that, that's all we -- all I have to say, if anybody would like to add to that. (END OF TRACK 16, 3:48) 49 CERTIFICATE 1 2 3 I certify that the foregoing is a 4 5 transcript from the audio recording in 6 correct the above-entitled matter. 7 8 9 10 04-16-16 11 12 Christina K. Decker, 13 Federal Official Court Reporter 14 ACCR#: 15 16 17 18 19 20 21 22 23 24 25 255 RMR, CRR Date

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