Marcel & Johnny Mack Do Ashville/Homan Ethics Complaint

Marcel's at the Grove Park Inn, or was. So was Johnny Mack. Neither Mr. Black nor Mr. Morrow nor any of their 13 other fellow legislators paid for this luxurious vacation; everything was paid for by the Alabama Lenders Association. Was it legal? Apparently so. Was it really ethical? We'll let our readers decide that. For the complete story along with some pics of the Grove Park Inn; here's the link:

Lawmakers Get Free Trip to Lavish Hotel & Spa

For those who caught the parody of this blog's first line:



And speaking of Marcel: Is Marcel Black One of Us?

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We have been asked to clarify an issue presented in the Midnight Rider's last blog. This is something we have addressed before:

Police as Hired Guns

Our main question is the legality of these off-duty officers using Muscle Shoals police cars. Is this wise? Is it legal? Does it open up a legal can of lawsuit worms?

However, we again wish to stress that these officers are all off-duty and not paid by the City of Muscle Shoals to patrol traffic at Highland Park Baptist Church.

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An ethics complaint has been filed against Lauderdale Circuit Court Clerk Missy Homan (Hibbett). While we know the gist of the complaint, we do not yet have a copy of the document. As soon as we do, we will publish more information.

How Poor Are Our Legislators: Marcel Black

D. Marcel Black is the Democratic representative for District 3, Colbert County. Could Black easily give up 15% of his legislative pay?

* Black has been an attorney since 1975. He is currently a partner in the firm of Black & Hughston. We may assume his law practice is well established.

* Black is listed as incorporator/agent for four for profit businesses in addition to his law firm.

* Black's two children are reportedly young adults.

Could Marcel Black easily return 15% of his pay to the state? We will again let our readers decide for themselves.

Related post: How Poor Are Our Legislators: Roger Bedford

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Late last year, there were at least two reported arsons in the area. On December 25, 2010, a fire destroyed the former Spry Funeral Home in Russellville, and a suspect was questioned, but not arrested. On December 26, 2010, Sidelines II in Muscle Shoals was reportedly torched. Similarly, a suspect(s) was questioned.

Our sources indicated arrests would be made in both fires after the state fire marshal's office completed its investigations. We have received inquiries about these two fires, but have heard nothing new since the initial reports.

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The lack of arrests in the two above instances brings us to the reduced court funding under current proration. Many arrests cannot be made without a grand jury indictment, and not all county grand juries meet monthly. Franklin is among those not meeting twelve times a year.

Unfortunately, sources with the court have told us Lauderdale and other counties will soon be joining Franklin in its infrequent grand jury sessions. Good luck to law enforcement and county district attorneys when this new schedule goes into effect.



Shoalanda

The Missing Aspect of Legislative Raises

Read the TimesDaily today? There was a very interesting article on the salary of state legislators. While the article touched on many points, including new members of the legislature who had no idea how "expensive" it was to serve, it left out one or two dramatic points.

Yes, your state representative or senator serves you 365 days a year, but that does not mean said lawmakers are in Montgomery those 365 days a year. Most of these lawmakers have jobs/careers in their home district. Many are attorneys; others are farmers--you get the idea.

Unfortunately, the TimesDaily article failed to touch on the fact that our lawmakers' income from the state legislature was hardly their sole source of funds. Specifically, Tammy Irons, Greg Burdine, Marcel Black, and Roger Bedford all own law practices--practices from which they usually earn income even while serving in Montgomery.

Further, the M. J. Ellington article failed to mention the infamous office decor funding that produced so much outrage immediately after the 2006 raise. For those who wish to see how Marcel Black spent your taxpayer dollars, here's a link to the invoice for the controversial objets d'art--scroll down to pages 5 & 6 for Black's items. Link

For those readers/voters who just want the bottom line, here's the total:

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Today's called meeting of the Cherokee Town Council has rescinded its intent of hiring new police officers. It seems they didn't know adding two new employees would result in mandatory overtime pay. Do council members not consult the town's attorney before wasting the town's resources on motions that must be rescinded or modified in order to comply with the laws of Alabama? It seems not.



Shoalanda

Do You Have a Photo ID? How About a Defense Attorney?

Will Alabamians soon be needing a photo ID to vote? Probably. Is this bad? Marcel Black thinks so. Lynn Greer doesn't. So, which is it?

Probably a little of both; however, we don't know any "aged or infirm" citizens who have neither a valid Alabama Driver License or Alabama Non-Driver ID. Not to mention, the Non-Driver IDs will apparently now be free to anyone of voting age. How much will this cost the state budget?

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Perhaps Lauderdale County will have to worry less about any budget shortfalls if Harold Peck has his way. He proposes to save the county at least 400K each year by establishing a paid group of indigent defense lawyers. Well, this sounds good, but...

It seems these attorneys won't be allowed to do any other kind of work...no real estate transactions, pre-nups, or wills...just criminal defense cases in Lauderdale County. How many experienced attorneys will jump at a chance like this? We would guess few.

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We have been contacted by Tabitha Ergle Hall who was misidentified by sources with the Russellville Police Department in an earlier blog. Tabitha would like us to note the correct spelling of her name, as well as the fact she is not the current wife of Jeremy Shane Hall, but the ex-wife of his brother Josh and mother to Josh's three children. Since there are two newsmakers named Jeremy Shane Hall, we will also note that Sgt. Hall is the son of Jerry and Carol Hall.

We have been asked if our police sources are usually disgruntled employees. That may be true in some cases, but we also regularly hear from some Russellville officers and their wives who have nothing but kudos for the force. It usually runs about 50-50, while in comparison, our Florence sources stand behind their department 100%. We have said it before, but it certainly bears repeating: Florence is extremely lucky to have not only an honest, but also an efficient chief in Rick Singleton.



Shoalanda

"Remembering Florence" Books Are In

Remembering Florence is now in, and all pre-orders have been shipped. You may order yours at:

Discover the Shoals

We're also pleased to announce there will be an autograph party on Saturday, March 5th, from 10:00 a.m. until 3:00 p.m. at Ye Ole General Store on Seminary Street across from the post office. We'll see you there.

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Remember those infamous 2007 pay raises our state legislature voted themselves? Gov. Bentley wants at least a portion of the raise repealed. Here's one take on it:

Republican Sen. Gerald Dial says he and others will offer a resolution to repeal the raise. But he doubts their proposal will pass because some legislators have become addicted to the higher pay.

Can you say "grandstanding?" If Dial's proposal doesn't pass, perhaps he could lobby for a legislative tag sale. How much would Marcel's $480.00 cart wheel bring? Link



Shoalanda

Marcel Black & Backyard Burger(s)?

Yesterday's column featured the almost unheard of deal the city of Muscle Shoals is giving to Zaxby's, a fast food eatery specializing in chicken. We've received several questions about this and will attempt to answer some of them.

Q. Does Marcel Black own Backyard Burger?

A. We find no connection between Mr. Black and the fast food chain. Research on the former Backyard Burger restaurants is made more difficult by some writers referring to it as "Backyard Burgers." Below is the official record for the chain. This does not mean that Mr. Black could not be connected to the business in some other way.


Q. Could Bojangles or some other chain stop this deal?

A. We would consider it doubtful. Bojangles, with corporate funds for co-op advertising, will not be as damaged by subsidized competition as the homegrown restaurants. Here's what one Muscle Shoals businessman has to say:

I'm a long time business owner in the city of Muscle Shoals and like many other local business owners, have struggled to stay open through a very difficult time for small business in a down economy. We have paid our electric, sewage, water bills to the city of Muscle shoals, Kept our license fees and taxes paid etc. So where do all us business owners who have helped foot the bills for many years for the city of M.S., go for a ZAXBY deal or any kind of assistance from the city government? Any fool (even a politican) can see the numbers on the ZAXBY deal don't work. So these people are either stupid or crooks, either way they have no business representing the people of Muscle Shoals. - "Don Matthews"

Q. Just what businesses is Marcel Black involved in with the City of Muscle Shoals?

A. If Mr. Black is not connected to Zaxby's this question would seem irrelevant to the issue, but a quick check shows that Mr. Black is listed with the State of Alabama as an agent with only two functioning entities, his law practice in partnership with Jimmy Hughston and North Alabama Abstract and Guaranty in which he is again partnered with Mr. Hughston.

The latter could conceivably be a broach of ethics since Mr. Black's law firm deals extensively in real estate transactions. We'll check with our legal eagle friends and get back with you on this.

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The Connection should be up sometime this afternoon. The URL is:

http://theconnectionna.com/

Trader and Nan have asked us to remind readers this is a work in progress for the first few weeks. Be sure to send in your feedback and ideas for articles and regular features.


What's up with this: We questioned the finances at Sweetwater and were banned from their Facebook page; Larry Fisher questioned the finances at Sweetwater and was banned from their page; now Sheila Hill Colston has questioned Sweetwater's finances and has been banned. Anyone see a pattern here?


Shoalanda

Curtis Parts Ways with Black & Irons

On Thursday, the Alabama House of Representatives passed a bill deregulating land line phone service in the state. The bill was sponsored by Rep. Marcel Black of Tuscumbia and faced stiff opposition from groups who claimed such deregulation would dramatically increase phone rates in rural parts of the state.

Rep. Tammy Irons of Florence joined Black in supporting this bill, while Rep. Mike Curtis of Greenhill voted against it. Opponents of the bill have stated it will take as long as three years for the full effects of the deregulation to come to fruition.

The bill was also opposed by certain groups claiming to represent older citizens. These advocacy groups theorize such individuals are more likely to use land lines for their principal means of long distance communication.

Many observers feel such deregulation will lead to the demise of the Alabama Public Service Commission. It certainly led to a rare disjointure of ranks between Tammy Irons and Mike Curtis.


What's up with this: It seems Florence attorney Ralph Holt is now telling the University of Alabama how it should operate. We suggest he seek an appointment to the Board.

Just Tell the Truth, Mike Curtis & Tammy Irons

Apparently being a state legislator is comparable to owning an airplane--it's expensive. Our advice in either case: If you can't afford it, don't do it.

Mike Curtis of Greenhill, a former shoe salesman at Castner-Knott, previously served on the Lauderdale County Commission. In years past, the commission has been a mixed-bag, much in need of honest and industrious members, and from all reports Mr. Curtis served his district well while on the commission.

However, Curtis either felt he could better serve the citizens of Lauderdale as a state legislator or he sought the glory that is Montgomery. In either case, such campaigns cost money, as does the travel and lodging required to fill the role of state representative. Both Curtis and Rep. Tammy Irons recently lamented these expenses when commenting on their October 1, 2008, 3.5% cost-of-living raise.

We may infer that both attorney Irons and insurance salesman Curtis welcomed the raise, but both were also quick to mention that any excess is donated to charities and fundraisers. They were also eager to make certain other statements of a dubious nature.

From the Saturday, April 4, 2009, TimesDaily:

Curtis is a commission only insurance agent who said he's now a full-time legislator and part-time insurance agent. He said he voted no on the pay raise two years ago. Irons said she was unaware the automatic pay raise was part of the resolution two years ago. "I voted against the pay raise," she said.

Seemingly both Curtis and Irons hope the voters have short memories. According to the March 22, 2007, TimesDaily:

The Shoals' two newest legislators faced their first big test this week, and they failed it miserably. State Reps. Mike Curtis, D-Greenhill, and Tammy Irons, D-Florence, had the opportunity to tell voters whether they agreed or disagreed with a 62-percent pay hike for themselves and other legislators in a recorded vote Tuesday. What did they do? Nothing. They dodged the issue by abstaining.

That's right--both Mike Curtis and Tammy Irons abstained. Why are they now saying they voted against the 62% raise?

Obviously Curtis and Irons are either mistaken, delusional, or...what's that other word that comes to mind? When asked about the raise, Rep. Marcel Black stated he merited it. The merit of the raise is only Mr. Black's opinion, but at least it wasn't an outright lie. We suggest both Rep. Mike Curtis and Rep. Tammy Irons owe Shoals voters both an explanation and an apology for their blatant falsehood.

Is Marcel Black One of Us?

Does North Alabama need bingo? No matter your answer to that question, the point is obviously moot to State Rep. Marcel Black. Even though he represents this area he seems more interested in helping those who can help him.

We received much feedback from our column on Rep. Black, Democrat. Over 90% of it was negative. The little that was of a positive bent defended the good that he has done for this area and supporting the "small" 62% raise that Mr. Black voted yes to in 2007.

Various forums have recently been discussing Mr. Black, some of them offering incorrect information. Black indeed did redecorate his office at taxpayer expense immediately after his raise was enacted. The total of two bills from Bargainier Interiors was almost $8,000.00. Barganier is located on Zelda Road in Montgomery, and we're sure that any who have visited the Zelda Road area will attest to the fact there are no bargains to be located there.

For those who have an interest in how Marcel Black is spending the tax dollars for which you have presumably worked so hard, here's a link to the actual invoices for the much needed items Black purchased with your money: http://blog.al.com/ht/DC_2501266.pdf

How many of you plan to vote for Marcel Black in the next election? And pray tell, what's a cart wheel?


What's up with this: It seems the Lauderdale CITY program serves 33 individuals in comparison to Franklin's 30. Per capita, the Franklin program seems to be getting much more bang for its buck.

Marcel Black and Your Phone Bill

Do you live in a rural area? Do you have land line telephone service? Then Marcel Black has something for you: A probable increase in your monthly telephone bill.

Currently, AT&T is the largest provider of telephone services in the State of Alabama. One would assume that this mega-company is doing well, considering that designation; however, they feel they could do even better if the state would completely deregulate telephone service.

Sen. Rodger Smitherman of Birmingham and Rep. Marcel Black of Tuscumbia recently introduced a bill that would indeed remove every vestige of regulation for telephone companies. Both Smitherman and Black are members of the Commerce, Utilities, and Transportation Committee, an entity of wide influence in Alabama business.

The bill passed the committee on a voice vote and is now before the Senate. Interestingly, Alabama Attorney General Troy King, usually a staunch proponent of such deregulation, opposes this bill on the basis of what it is apt to do in the rural sector.

One has to wonder what's in it for Marcel Black, he who has already voted himself a 62% raise and redecorated his office at taxpayer expense.


What's up with this: Rep. Tammy Irons of Lauderdale County is one of six state legislators who have not made public their stance on the Compassionate Care Bill. Whether she is for or against this bill, surely there can be no reason for keeping her opinion under wraps until the actual vote.