Cherokee Council Members Named in Lawsuit

Cherokee Council Served

By C.R.

Four Cherokee City Council members Mike Malone, Daniel Steve Glover, Joe Franks, Patricia Mason and Cherokee City Clerk Melinda Malone have been named in a law suit. The papers were served on the named defendants late Monday afternoon by the Colbert County Sheriff’s Office.

The law suit states that the Plaintiff Marsha Allen was hired on June 14, 2010 as a part-time office worker and personal secretary to the mayor. Allen’s hourly rate of pay was $12.00 per hour and the Plaintiff has not been compensated since the week ending July 11, 2010. No other motion has been made to pay the Plaintiff at a different pay rate. The Defendants have taken no action to set the compensation as is required by law.

Further, the Defendants have at no point terminated the Plaintiff or afforded the Plaintiff a due process hearing and terminated her employment. The Defendants have continued to allow the Plaintiff to work without any compensation for her secretarial services performed. The Defendants intentionally and recklessly violated the Plaintiff's property interests and have continued to do so since the week ending July 18, 2010.

The Plaintiff has continuously shown up for work on dates and times set by the Mayor. The Plaintiff faithfully clocks in at the town time clock where all employees clock in and clock out each day. Defendant, Melinda Malone, as town clerk, is responsible for the removal of the time cards and preparation of the employees' payroll each week. Defendant, Melinda Malone, replaces the time cards with new time cards each week for each employee. The Defendant, Melinda Malone, has willfully failed and refused to remove the Plaintiff’s time cards and prepare a check to be presented to the council each month for the council’s approval. Defendant, Melinda Malone, has removed all other employees’ time cards and has prepared the payroll for every other employee of the Town of Cherokee except for the Plaintiff’s.

Defendant, Melinda Malone, has intentionally and recklessly violated the Plaintiff's property rights and interest. Defendant, Melinda Malone, is liable to the Plaintiff for deprivation of her rights, privileges, and immunities secured by the Constitution and laws in that the Defendant, Melinda Malone, has intentionally and recklessly refused and ignored the Plaintiff’s time cards and refuses to even prepare the paycheck for the Plaintiff to even be presented to the town council.

Defendant, Melinda Malone, as town clerk is responsible for presenting all claims, requisitions and demands against the town to the town council at its next regular meeting for its approval. Defendant, Melinda Malone, has intentionally and recklessly refused to present the demand of the Plaintiff's hours worked to the town council at the regular meetings or special called meetings for the weeks ending July 18, 2010 through the filing of this Complaint. Defendant, Melinda Malone, has failed to properly perform her duties and responsibilities as the town clerk and as a result has intentionally and recklessly deprived the Plaintiff of her property interest under 42 U.S. C. §1983.

The law suit further states the Plaintiff demands judgment against the Defendants, jointly and severally, for back wages owed, interest on said wages and attorney’s fees and expenses for violation of her constitutional rights and due process of law.

How about that for a Christmas present? I think the Defendants should take back their Christmas presents and hire a good attorney.

*****

So, you think you can draw? If the answer to that question is yes...and you have a bent for political or social humor, The Connection would love to publish your cartoons. Contact: traderconnections@yahoo.com.

*****

This image of the Tuscumbia First Baptist Church appears to be pre-1950: Link

Shoalanda