(Gadsden, AL - August 21, 2010) One of the highest paid County Clerks in the State of Alabama, Etowah County Clerk Billy Yates is filing suit in his courthouse against the taxpayers of Etowah County and the Etowah County Commission. Yates is seeking, in his own words, "only twenty-one hundred dollars" from the Commission, based on his understanding of state election law.

In the complaint filed August 9, 2010, Yates is asking for $2,175 in compensatory relief. According to the complaint, Yates says he is acting as the Absentee Election Manager for Etowah County, and as such is entitled to payment of an additional $125 per day for 46 days leading up to the 2010 Primary and 42 days leading up to the 2010 Primary Run-off election cycles. The county, he alleges, only paid him $100 per day to handle an average of 4 absentee ballots per day during the Primary election. In fact, Yates doesn't handle the absentee ballots, they are handled by employees in the Clerk's office.

Yates' complaint states that Alabama Code says the county must pay $100 per day, or $125 per day if the Absentee Election Manger attends or teaches as a local election school. In his suit, he states that he taught an election school on five separate days in 2010.

"For the 88 days Billy Yates was the Absentee Election Manager for the 2010 Primary Election and Primary Run-off Election, Billy Yates is entitled to $125.00 per day or $11,000.00, to be paid by the Etowah County Commission out of the moneys in the county treasury."

Yates is asking a judge to order the County and County Commission to pay him "$2,175 plus interest and costs without delay."

(Gadsden, AL - July 10, 2010) Alabama Department of Transportation officials are warning motorists in Gadsden of repairs on Meighan Blvd Bridge over the Coosa River which are expected to affect traffic for more than three months, according to a press release from ALDOT today.

Crews will work to replace several structural steel components on the US Highway 431 Bridge. Repairs in the southbound direction are expected to take six to seven weeks, and will be followed by repairs in the opposite direction, taking another six to seven weeks.

ALDOT officials say the repair operations are expected to occur Monday through Thursday, reducing two lanes of traffic to one lane. Motorists should expect delays from now through early November 2010. Commuters are encouraged to consider alternate routes, and/or adjusting their arrival and departure times.

Motor vehicle operators should make themselves aware of reduced speed limits in construction zones, and use extreme caution in the area.

(Gadsden, AL - August 10, 2010) In two separate actions this morning, the Gadsden City Council voted to approve and fund a bid for Heating and Air Conditioning improvements at two historic theaters in the city.

Modern Heating and Cooling, a local company, won the $462,430 bid for labor, services, materials, equipment, supplies and other personal property required to install heating and air conditioning in the Ritz Theater on Wall Street in Alabama City, and in the Pitman Theater on Broad Street in historic Downtown Gadsden.

The city received stimulus funding last year for a portion of the two projects.

The council also approved an ordinance amending the city's FY 2010 Budget, using Tax Increment Financing to pay $152,139 for the Pitman renovation and $141,291 for the Ritz renovation.

Expectations are that the projects could be completed by the beginning of 2011 so that the facilities could be adequately used during the extreme heat and cold weather months of the year.

During his public comments at the end of the council meeting, Mayor Guyton explained that the city took ownership of the Ritz Theater in 2009, and had owned the Pitman for several years. "We're already renting the Pitman without air or heat," he says, indicating that the building will be used more in the future for various events.

In other action:
The council approved a contract between the Gadsden-Etowah County EMA and Lamar Companies for outdoor digital billboard advertising. The total contract amount of $6,750 will be paid in three billing periods of $2,250.
Authorized several agreements with the CDBG and various organizations in the city to assist in community development:
Way of the Cross Ministries to renovate the building for a Walk-in Freezer and help with utilities ($12,000)
Etowah County Community Services Program for contract labor and materials ($5,000)
Community Development Project 2000 for salaries, supplies, youth activities, and transportation ($10,000)

(Gadsden, AL - August 10, 2010) Documents obtained by Gadsden Metro from Gadsden City Attorney Roger Kirby's office today show that a compliant filed by GPD Lt Faye Gary against the Civil Service Board,  Chairperson Marion Ford, GPD Chief Richard Crouch and the City of Gadsden stems from an April 14 memo from Crouch to the 30 year veteran of the force.

According to the memo, Gary failed to attempt firearms qualification during the 2009 Calendar year. Crouch informs Gary of his decision to suspend her without pay for a period of twenty work days beginning April 15, in addition to an additional ten work day suspension for another charge of failure to maintain sufficient competence in firearm qualification. The thirty day suspension, according to the memo, was open to an appeal to the Civil Service Board.

According to appeal documents filed on the officer's behalf, Lt. Gary appealed to the Civil Service Board in May, "to challenge the determination that Faye Gary violated" either of the charges mentioned by Chief Crouch, and that he had inappropriately suspended her prior to her opportunity to appeal to the Civil Service Board for redress.

Gary's suspension expired on Wednesday, May 26 and her appeal to the Civil Service Board was heard and decided on June 8. That decision, as reported yesterday on GadsdenMetro.com rescinded a portion of her suspension, but weakly determined that "if the Chief filed a complaint, there must be some reason" and kept half of the thirty day suspension without pay.

Three days later, on June 11, an attorney acting on Lt. Gary's behalf filed an appeal with the Etowah County Circuit Court, asserting that "the decision of the Board is contrary to the evidence and is not supported and/or otherwise substantiated under the facts and circumstances of the case."

Gary is requesting a trial by jury on the matter, asserting "that the jury will determine that Fay Gary's conduct or actions did not warrant disciplinary suspension or the imposition of discipline as issued by the Civil Service Board of the City of Gadsden.

CITY HIRES ATTORNEY TO REPRESENT CROUCH
During today's city council meeting, the law firm of Turnbach, Warren, Roberts and Lloyd, PC was hired to represent the City of Gadsden and Chief Richard Crouch in the Etowah County Circuit Court appeal, Faye Gary v. Gadsden Civil Service Board, et al.

Councilman Robert Avery questioned the hiring of an attorney for one city employee (Crouch) without also hiring an attorney to protect another employee, who, in his opinion had been wronged by Crouch. An opinion, he says, which was supported by the Civil Service Board during their June 8 meeting on the issue.

City Attorney Roger Kirby challenged the idea saying that paying for an attorney for each employee would create a "huge conflict of interest if the city represents both sides." Kirby attempted to explain to Avery and the council that Crouch was serving as the manager of a department who found that an employee had failed to fulfill their duties. "His acting on that determination should not force the city to pay for an attorney to challenge the city or its departmental manager on an employment decision," Kirby said during the council's work session this morning.

The resolution passed with five councilmen in favor of the decision, while Avery voted no and District 1 Councilman Walt Higgins chose to abstain from voting on the matter.