We're adding a special post to our series on fraud...and a question mark since this will be determined in the courts. Has Muscle Shoals pulled the proverbial insulating wool over the eyes of its citizens by hiring an unqualified inspector? We can't say definitely that the city has done so, but if it's true, we're not surprised. Here's a copy of Mr. Billy Underwood's latest complaint against his favorite Colbert County town:
IN THE CIRCUIT COURT OF COLBERT COUNTY, ALABAMA
ALVIN BUTLER CHARD and
JOSEPH MOON, and JOSEPH MOON
AS FATHER AND NEXT BEST
FRIEND OF CHANDLER MOON,
age 13 years, a student in the Muscle
Shoals City School System
VS. CASE NO:______________
CITY OF MUSCLE SHOALS,
MAYOR DAVID BRADFORD,
COUNCILMAN JOE PAMPINTO,
COUNCILMAN NEIL WILLIS,
COUNCILMAN JIM HOLLAND,
COUNCILMAN ALAN NOLES,
COUNCILMAN MIKE LOCKHART,
all being members of the City Council
of Muscle Shoals, Alabama
AND
LEON MADDEN, WES EMMONS,
RAY EGGLESTON, MIKE PRICE,
DONNA TIPPS, being members of the
Muscle Shoals Civil Service Board
AMENDED COMPLAINT AND PETITION FOR WRIT OF MANDAMUS
The City of Muscle Shoals’ attorneys have insisted on a complaint with
specificity. The Plaintiffs thus file this amended complaint.
Plaintiffs incorporate all the allegations of the initial complaint filed on or about
the 7th day of October, 2013 and state as follows:
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1. That on the 22nd day of January, 2013, the Mayor of Muscle Shoals, being David
Bradford signed the necessary paperwork outlining the minimum requirements for a
posted job, being Code Enforcement/Plumbing/Gas Inspector. The position would be
under the City Clerk and it is enclosed as Exhibit One of this amended complaint.
2. The job description stated inter alia that one of the minimum requirements for
the job of Code Enforcement/Plumbing/Gas Inspector was the requirement that the
applicant possess a master gas and plumbing cards.
3. This job description deterred many individuals from the City of Muscle Shoals
and Colbert County from applying for the job, as they did not have a master gas and
master plumber license.
4. Your plaintiffs, Alvin Butler Chard and Joseph Moon, both had master gas and
master plumber licenses.
5. There were over nine applicants for the job, one of whom was Milton David
Osborn, whose brother works for the City of Muscle Shoals and it is alleged his brother is
a very good friend of Mayor David Bradford.
6. That on or about the 5th or 6th day of April, 2013, the Muscle Shoals Civil
Service Board was meeting the same night as the City Council of Muscle Shoals. The
Muscle Shoals Civil Service Board was going to entertain and interview three applicants
for the posted job by the City of Muscle Shoals which contained the minimum
requirements for said hiree as a Code Enforcement/Plumbing/Gas Inspector before their
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regular on-the-record meeting.
7. The City Council of Muscle Shoals was having a work session. That is, all city
council members were present including the mayor, all department heads of the police
department, fire department, recreation department, city clerk, and street and sanitation
departments. Leon Madden, who is a member of the Muscle Shoals Civil Service Board,
came into this work session and approached all the council members asking them, “Are
you sure the minimum requirements for the hire in the Code Enforcement/Plumbing/Gas
Inspector is a requirement for a master gas and plumber card?” At that time, Councilman
Mike Lockhart addressed Leon Madden and said that the City Council had voted on those
requirements and those were the minimum requirements for the hire of a Code
Enforcement/Plumbing/Gas Inspector. Leon Madden left the meeting with the knowledge
that the minimum requirements for the hire, as told to him by Mike Lockhart in front of
the City Council, Mayor, and the City Clerk, were the possession of a current master gas
and plumber card.
8. After posting the minimum requirements, the Muscle Shoals Civil Service
Board voted that night to hire David Osborn, who did not have a master gas nor master
plumbers license as required in their job description which was posted to the local area
for job applicants.
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9. This is in direct violation of the minimum requirements the City of Muscle
Shoals stated would be needed for that job.
10. This is in direct contradiction of the information Councilman Mike Lockhart
gave to Madden at the work session in April, the same day that Osborn was hired by the
Civil Service Board.
11. On or about the 10th of July, 2013, Alvin Butler Chard and Joseph Moon, by
and through their attorney, sent a letter to David Bradford reiterating the failure of the
City of Muscle Shoals to hire a qualified Code Enforcement/Plumbing/Gas Inspector.
12. The Code of Alabama (1974), §34-37-16 thru 17, states anyone who works in
the City of Muscle Shoals or Colbert County who is working on plumbing and gas, that
will effect public health and welfare of the citizens in the county, must have a master gas
and plumber license. This particular act was passed by the Alabama Legislature for
Colbert County Act 87-812 in 1957.
13. There were only two people qualified for the job, according to the minimum
requirements by the City of Muscle Shoals; those being Alvin Butler Chard and Joseph
Moon.
14. Either one of those two individuals should have been allowed the job which
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pays $63,000 per year. David Milton Osborn was not qualified for the job and he cannot
enforce any codes or approve any plumbing or gas work within any incorporated portion
of the City of Muscle Shoals because he does not have a certificate of competency for
plumbing and gas fittings, medical gauge piping, or commonly known by as a master
plumber and gas card holder. The City of Muscle Shoals knows that they are in violation
State Legislative Act 87-812, as they were part of a lawsuit filed against the City of
Muscle Shoals cited at 428 So.2d Page 5 in 1985.
15. Plaintiffs Chard and Moon have damages of over $60,000, being the wage they
would have been paid, plus benefits, had the City of Muscle Shoals upheld its minimum
requirements for the hire.
16. In July of 2013, Plaintiffs’ attorney addressed the City Council pointing out to
them the mistakes made in hiring Osborn. The City Council failed to do anything to undo
the actions of the Civil Service Board.
17. Plaintiffs request that the Civil Service Board, Mayor, and council members be
mandamused to set aside the hiring of David Osborn and require the Civil Service Board
to follow the minimum mandates of their published January 22, 2013 notice requiring the
hiree for Code Enforcement/Plumbing/Gas Inspector have, at a minimum, a master
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plumbing and gas card which Osborn does not have.
WHEREFORE, THE PREMISES CONSIDERED, Plaintiffs ask that the Court
issue a writ of mandamus requiring the Civil Service Board, City Council and Mayor to
hire a qualified individuals for the job as posted by the City of Muscle Shoals, and further
pay Chard and Moon $63,000, being the salary they missed working for the City of
Muscle Shoals. Chard and Moon further request that the Court order the City of Muscle
Shoals to pay attorney fees for their attorney accomplishing a public good in forcing the
City of Muscle Shoals to hire a qualified individual to inspect gas and plumbing fixtures
that are installed in the City of Muscle Shoals.
COUNT II
Plaintiffs incorporate all the allegations in the previously-filed lawsuit and this
amended complaint and state as follows:
1. After specifically being told by the City of Muscle Shoals Councilman Mike
Lockhart that the minimum requirements for the job description called Code
Enforcement/Plumbing/Gas Inspector be an individual who had a master plumber and gas
license, Leon Madden completely disregarded said minimum qualifications and was the
deciding vote in hiring David Osborn from the three final candidates put before the Civil
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Service Board that evening. He forcefully and openly championed for Osborn to receive
the job.
2. That he acted outside his scope of employment as a Civil Service member and
knew, without any reservations, that the hiree be (at a minimum) someone who had a
master gas and plumbing license.
3. During that Civil Service Board meeting, he was the number one advocate for
the hiring of David Osborn, knowing that David Osborn did not have the minimum
qualifications for the job.
4. The vote to hire David Osborn was two to one, with Leon Madden being the
deciding vote. Leon Madden is now coincidentally the chairman of the Civil Service
Board.
WHEREFORE, THE PREMISES CONSIDERED, Plaintiffs have suffered
individual damages from Leon Madden for his acting outside his scope of his
employment with the City of Muscle Shoals by doing an act that he knew was wrong and
would harm the citizens of the City of Muscle Shoals by having a less-than-qualified
Code Enforcement/Plumbing/Gas Inspector. These damages are felt by each citizen and
Chard and Moon for failure to receive the $56,000-$60,000/year plus benefits. Chard and
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Moon pray for $60,000 in damages, individually, against Leon Madden for his intentional
failure to follow the recommendations of the City Council.
COUNT III
REQUEST FOR INJUNCTION AGAINST DAVID OSBORN FOR DOING
INSPECTIONS ON GAS AND PLUMBING WHICH EFFECTS THE PUBLIC
HEALTH AND WELFARE OF THE CITIZENS OF MUSCLE SHOALS
BECAUSE HE IS UNQUALIFIED TO DO SO
Plaintiffs incorporate all the allegations in the previously-filed lawsuit and this
amended complaint and state as follows:
1. Joseph Moon’s son, Chandler Moon, attends school in the Muscle Shoals City
School System.
2. That Joseph Moon is a resident of the City of Muscle Shoals.
3. The City of Muscle Shoals has hired a Code Enforcement/Plumbing/Gas
Inspector who is not qualified and does not possess a master gas and/or master plumber
license.
4. This individual is inspecting the school and/or houses being built in the
incorporated area of Muscle Shoals without proper qualifications.
5. Osborn should not be allowed to inspect any buildings, school buildings, public
buildings, hospitals, or any other structures for public use until he possess a master gas
and plumbers license in accordance with the Code of Alabama §34-37-1 thru 18, et seq.
6. The citizens of Muscle Shoals are in danger of faulty inspections because this
individual does not possess the proper certification and expertise to be inspecting work
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done by master gas-fitters and plumbers.
WHEREFORE THE PREMISES CONSIDERED, Plaintiffs pray, after the
Court hears testimony and the lack of proper certification and lack of a master gas and
plumbing license by Osborn, this Court decree he not be allowed to inspect anything
within the incorporated area of Muscle Shoals that concerns the health, safety, and
welfare of its citizens as it regards gas and plumbing enforcement or buildings.
Submitted this the 18th day of March, 2014.
Shoalanda