Informal Agenda - July 10, 2012

DISCUSSION AGENDA July 10, 2012 4:00 p.m.

1. Resolution appointing Poll Workers Discussion of resolution appointing Poll Workers for the Municipal Election on August 28, 2012.

2. Resolution for payment of legal expenses Discussion of resolution authorizing the payment of legal expenses for defense of a former city council member pursuant to Code of Alabama Section 36-25A-9(h).

3. Paving List and allocation of additional funds Discussion of revisions to the paving list and allocation of additional funds.

ITEM 1

RESOLUTION NUMBER 12-R-__ A RESOLUTION APPOINTING ELECTION OFFICIALS FOR THE MUNICIPAL ELECTION ON AUGUST 28, 2012, AND, IF NECESSARY, THE RUN-OFF ELECTION ON OCTOBER 9, 2012 BE IT RESOLVED by the City Council of the City of Anniston, Alabama, as follows: Section 1. The following individuals whose names appear after each voting location shall act and serve as election officials in the capacity herein designated for the Municipal Election for Council Members and Board of Education Members to be conducted on August 28, 2012, and, if necessary, for the “Run-Off” Election on October 9, 2012.

ELECTION OFFICIALS ANNISTON MUNICIPAL ELECTION 2012 WARD 1 Anniston Calhoun County Health Department 3400 McClellan Boulevard, Anniston, AL Mary Sides, Inspector G. Coke Williams, Clerk Lois Tosney, Clerk Louis Bass, Clerk Anne E. Brown, Clerk

First Presbyterian Church 1701 Henry Road, Anniston, AL Gail Dorman, Inspector Bertha Sloan, Clerk June M. Allred, Clerk Louise Stedham, Clerk M. Ann Sprayberry, Clerk Bobby Wingo, Clerk Doris Smith, Clerk

WARD 2 Moore Avenue Church of Christ 2200 Moore Avenue, Anniston, AL Marie Heath, Inspector Fred Fomby, Clerk Elana Mason, Clerk Lottie Washington, Clerk Deborah Ingram, Clerk Mary L Fomby, Clerk Loree Wilson, Clerk

Carver Community Center 720 West 14th Street, Anniston, AL Elbert Goodman, Inspector Eddie Lee Paige, Clerk Gwendolyn Murphy, Clerk Jeanne C. Williams, Clerk Cynthia Rouse, Clerk

Wiggins Community Center 220 West 17th Street, Anniston, AL Willie Yarbrough, Inspector Fred Wilson, Clerk Gertrude Seals, Clerk Helen Copeland, Clerk Carol Yarbrough, Clerk

WARD 3 South Highland Community Center 229 South Allen Avenue, Anniston, AL Cora Snodgress, Inspector Annie Lee Adams, Clerk Sophia Clay, Clerk Alberta Bell, Clerk Carolyn Yates, Clerk James Edmondson, Clerk Sarah Thomas, Clerk

Anniston Meeting Center 1615 Noble Street, Anniston, AL Betty Jane Daugherty, Inspector Sarah Reaves, Clerk Negretta Wilson, Clerk Vernell Peoples, Clerk Rosetta Teague, Clerk Louise Stephens, Clerk Deborah Reaves, Clerk

WARD 4 Anniston Country Club 601 Highland Avenue, Anniston, AL Sarah Ballard, Inspector Sara F. Starling, Clerk Neal Ballard, Clerk Mary O’Mara John Triplett

Hodges Community Center 1325 Spring Valley Road, Anniston, AL Angela McVeigh, Inspector Stephanie O’Dell, Clerk John Dabbs, Clerk Roy F. Sheffield, Clerk Dian Pepe, Clerk Edna Traywick, Clerk Anita Heiland, Clerk Mattie Kirby, Clerk Louise C. Ogle, Clerk Gail Sheffield, Clerk Martha Grizzard, Clerk Jacinta Patrece Tillery, Clerk Nancy Gregory, Clerk Section 2. In addition to the election officials hereinabove appointed, the City Council does hereby appoint the following for the positions indicated as polling officials for the absentee boxes in the City.

ABSENTEE BOX Stephanie Slone, Inspector Elmyra Jackson, Clerk Jacqueline Brown, Clerk Peggy Smedley, Clerk Section 3. That the compensation for said election officials shall be $175.00 for Inspectors and $125.00 for all other election officials per day for the Municipal Election for Council Members and Board of Education Members to be conducted on August 28, 2012, and, if necessary, for the “Run-Off” Election on October 9, 2012.

Section 4. The City Clerk is hereby directed to publish a list of the polling places and the polling officials in The Anniston Star in accordance with law.

PASSED AND ADOPTED this ____ day of ___________, 2012.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member ATTEST:

Alan B. Atkinson, City Clerk

ITEM 2

RESOLUTION NUMBER 12-RA RESOLUTION AUTHORIZING THE PAYMENT OF LEGAL EXPENSES FOR DEFENSE OF A FORMER CITY COUNCIL MEMBER PURSUANT TO CODE OF ALABAMA SECTION 36-25A-9(h) WHEREAS, on or about the 21st day of November, 2011, civil litigation was filed against John Spain, then a member of the Anniston City Council, in Calhoun County Circuit Court and assigned case number CV-2011900341; and WHEREAS, citing Code of Alabama Section 36-25A-9, the above referenced civil litigation alleged inter alia that Mr. Spain as a member of the Council violated the Open Meetings Act; and WHEREAS, the civil litigation is now concluded by dismissal with prejudice, meaning there was a final disposition of the matter with no finding of a violation of the Open Meetings Act or liability on any allegation against then Councilman Spain; and WHEREAS, Ala.Code Section 36-25A-9, precisely the section that was cited in the complaint against Councilman Spain, states in subparagraph (h) as follows: A governmental body is authorized to pay for or provide for the legal expenses of present or former members of the body named as defendants in a proceeding under this chapter.

WHEREAS, the civil litigation which included an Open Meetings Act claim filed against Council member Spain was (1) a matter in which the City had a proper corporate interest; (2) involved a claim for acts done on behalf of the corporation; and (3) was done while in the honest discharge of his duty; and WHEREAS, Councilman Spain incurred legal expenses in defense of the foregoing civil matter and has made a timely claim for payment of the same; and WHEREAS, the claim has been reviewed administratively, deemed lawful and one which may be allowed and paid upon approval by the Council.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Anniston as follows: Section 1. The City Council has found as follows: a.

A civil action was filed against former Council member John Spain alleging inter alia violations of the Open Meetings Act.

b.

The civil litigation has been concluded by dismissal with prejudice with no finding of liability against Councilman Spain.

c.

(i) The City of Anniston has a proper corporate interest in the civil litigation against Council Member Spain alleging an Open Meetings Act violation citing Code of Alabama Section 3625A-9; (ii)

Council Member Spain acted within the scope of his official duties;

(iii)

Council Member Spain acted honestly and in good faith concerning the matter in question.

(iv)

Ala.Code Section 36-25A-9(h) states:

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A governmental body is authorized to pay for or provide for the legal expenses of present or former members of the body named as defendants in a proceeding under this chapter.

Section 2. That the City of Anniston, through its appropriate officials, be authorized to receive, review, approve and pay attorney’s fees not to exceed the amount of $17,000.00 for services rendered to Councilman John Spain in Calhoun County Civil Action Number CV-2011-000341 a case in which the City had a proper corporate interest involving actions committed in the discharge of the Councilman’s official duties and which the Councilman acted honestly and in good faith.

Section 3. That the appropriate City representative be authorized to petition the Court in the existing declaratory judgment action filed by the Alabama Municipal Insurance Corporation (AMIC) and bearing case number Calhoun County Circuit Court CV-2011-900549, said to determine judicially whether or not based upon the specific facts of Councilman Spain’s case his defense should be covered under the City’s policy of insurance and whether recoupment or reimbursement are due based upon the insurance contract.

DONE and ORDERED this ____ day of _____________, 2012.

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

BY:______________________________ Gene D. Robinson, Mayor

BY:______________________________ Jay W. Jenkins, Council Member

BY:______________________________ Herbert N. Palmore, Council Member

BY:______________________________ Benjamin L. Little, Council Member

BY:______________________________ Marcus L. Dunn, Council Member

ATTEST: _________________________ Alan B. Atkinson, City Clerk

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ITEM 3