Apryl Marie Fogel: Keep Hoover’s standards high
Hoover has received many accolades over the years. As the Hoover Sun reported, Hoover made Livability.Com’s “Best Places to Live” list. Niche.Com says it’s the Number 4 “Best places to live in Alabama.” Hoover residents have every reason to believe, if not expect, that those they elected are seeking the best of everything for their city. The bare minimum just isn’t going to be good enough. Yet that’s what several city officials have been offering in recent years and what has been condoned by the City Attorney. Who as Alabam Today reported earlier today, has seemingly misled them and the public as he justified turning the light of transparency down on public information. Half the answers, half the information, and partial accountability. No elected official has ever promised during their campaign that they’d do the bare minimum. Not one person has put on a mail piece that they will waste taxpayer money or push through half-baked plans contrived in smoke-filled back rooms. Finally, no one has ever said I’ll put my own interests and that of my friends above that of my constituents. Earlier this week, I published “5 Questions that residents of Hoover should be asking.” Residents and city councilors have already asked all of these questions, but no satisfactory answers, if any, were given. I submitted a public records request six weeks ago focused on the city’s ongoing forensic audit so that the public would be aware of what is being kept from them. Crickets. Execpt for the response after council meetings by its Clerk that the city is still “reviewing” my request. I’ve lost track of how long it’s been since I asked the PIO for information on the city’s annual audit. I’m still hopeful that the high standards that made Hoover an award-winning city that has attracted families and businesses kick in and break the dam on information being withheld is provided, if not to me directly, to everyone in the form of a discussion at a council meeting, a press release and a statement from the Mayor himself. This seems unlikely. Sources, including residents and current and former city employees, tell me that behind the scenes, the City of Hoover has had internal fighting for years—city employees vs. the council vs. the mayor vs. the city manager vs. the city attorney. These fights essentially form a circular firing squad that has resulted in high staff turnover at all levels within the city, information being withheld from parties that should be working together, public squabbles, and alienation. Meanwhile, problems of substance fall by the wayside. From failing to respond to simple media and public record requests to economic development projects being fast-tracked or left up in the air, trash pick-up, sewer/stormwater issues, and more. The problems persist and seem to be getting worse. Some council members reportedly see their role as an extension of the mayor’s staff rather than a member of an independent deliberative body. City employees tasked with serving both bodies show clear and deliberate bias to the point of being ineffective at or refusing to do their assigned jobs. Finger-pointing is all too common. Staff have to choose between satisfying their job responsibilities or keeping their bosses happy. These fights don’t benefit the city’s residents or businesses in any way. What’s worse is the lack of transparency that allows, if not permits, them to continue. One of the biggest information gaps is increasingly with the city’s financials. However, no one in the city has talked about it publicly. We know there is a forensic audit going on right now because a city councilor was questioned about it under oath during a sparely attended hearing and reluctantly disclosed it. I’m looking for one good reason this email below hasn’t been sent to me per my public records request. More importantly, I’m wondering why no public discussion has been held about why the audit is needed. What was the process for awarding the audit to the firm handling it? How will it be paid for? How does this impact the usual annual audit. Do these seemingly planned lapses in public disclosure meet the standards residents expect? I think not. Alabama Today understands from sources that an upcoming proposed open records policy change is forthcoming. City councilors who state they have no strong feelings one way or the other policies or procedures related to transparency and accountability should have to explain why the current standard should remain to put the burden on the resident, “why do you need to know?” instead of asking themselves “what do we have to hide?” This proposed resolution, ordinance or policy change may fix a portion of this mess, though no council vote will fix the behavior and attitude of city employees or elected officials. The only vote that will fix that will happen at the ballot boxes. Stay tuned for Part 2 with further information on what the city should do in its upcoming push to meet the high standards of residents who want more than what is required by law (if that). This is an opinion piece.
Poll: Harris more popular than Biden, still trailing Trump in 5 swing states
A new poll of five swing states shows Vice President Kamala Harris trails Donald Trump in Arizona, Georgia, Michigan and Pennsylvania, with the two tied in Wisconsin. But voters in these states support Harris, age 59, by 3 or more points than Biden, whose age and cognitive capacity had reduced voter enthusiasm. “Harris has recovered a portion of the vote for the Democrats on the presidential ticket since the fallout after the June 27 debate,” Executive Director of Emerson College Polling Spencer Kimball said. “Harris’ numbers now reflect similar support levels to those of Biden back in March.” The percentage of undecided voters in each state is enough to tip the votes. Arizona shows the largest discrepancy, with 49% supporting Trump versus 44% supporting Harris 44%. However, 7% are still undecided. In Georgia, Trump leads with 48% while Harris garners 46% of voter support. While Trump and Harris are close in Michigan at 46%-45%, the state has the largest percentage of undecided voters among those polled, 9%. Pennsylvania results show Trump ahead of Harris 48%-46%. In Wisconsin, a major swing state which hosted the Republican National Convention last week and Harris’ first campaign rally Tuesday, Trump and Harris are tied at 47% each. Nevada and North Carolina were not included among the swing states polled. Male voters support Trump around 10 percentage points more than female voters in every state, with male support in the mid-50s and female support in the low or mid-40s. Young voters in particular have become more enthused about the Democratic party now that a younger, female, minority candidate is running. “Young voters have shifted toward Harris: her support compared to Biden increased by 16 points in Arizona, 8 in Georgia, 5 in Michigan, 11 in Pennsylvania, and 1 in Wisconsin earlier polling this month,” said Kimball. More than 75% of voters polled in each state think Harris should be nominated as the Democrat’s candidate in August. The poll was conducted July 22-23. The sample size for Arizona, Georgia, and Michigan respondents was 800 per state with a margin of error +/-3.4%. The sample size in Pennsylvania was 850, and Wisconsin’s was 845. Both had a +/-3.3% margin of error. This story was republished with the permission of The Center Square. The Center Square is a project of the 501(c)(3) Franklin News Foundation, headquartered in Chicago.
Former Rep. John Rogers seeks hearing on allegations he broke plea agreement
Attorney for former Rep. John Rogers, requested a hearing Tuesday to determine whether Rogers broke a plea agreement, as prosecutors allege. Rogers’ attorneys filed an objection to a portion of the plea agreement in June, which federal prosecutors voided the agreement. In filings on Friday and Tuesday, Rogers claimed that he was not aware that an objection had been raised. “Defendant submits that he did not breach the plea agreement,” the filing said. “He did not direct his counsel to file the objection. He was not even aware that defense counsel had filed it.” The former state representative, who served in the Alabama House of Representatives for over 40 years, pleaded guilty in March to one count of conspiracy to commit mail and wire fraud and one count of obstruction of justice over allegations that he diverted $200,000 intended for youth sports programs in Jefferson County to his associates. Under the plea agreement, prosecutors would recommend Rogers serve 14 months of home confinement. But in a filing on June 13, Rogers’ attorneys said that the former representative could not remember making a promise to Valerie Johnson Kindall, a co-defendant, to “take care of personal matters,” as alleged in an indictment filed earlier this year, or to “take care of her children while she is in prison,” as the June filing from Rogers’ attorneys state. Rogers’ attorneys argued that should affect the sentencing for the obstruction charge. In a sentencing report filed on July 10, prosecutors called for 14 months’ imprisonment for Rogers, arguing that he was attacking “the facts supporting his guilty plea.” “Rogers states that he admitted the facts essential to that charge despite not having any memory of the making or timing of the obstructive promise,” prosecutors wrote. “Because the statements in his objections are inconsistent with acceptance of responsibility, the United States exercises the right to declare the Plea Agreement null and void.” Rogers maintains he was not aware that the plea agreement had been challenged. “Defendant should not be punished for any errors or mistakes made by his counsel, especially when he neither directed, participated in, nor was aware of the objection,” the filing stated. According to prosecutors, Rogers worked with Kindall, then Rogers’ personal assistant, and former Rep. Fred Plump, then executive director of the Piper Davis Youth Baseball League from March 2019 to April 2023 in an arrangement to redirect taxpayer supported funds for charitable purposes to personal accounts. Prosecutors alleged that Rogers allocated significant portions of his annual fund allotment to Piper Davis for kickbacks from Plump, with Kindall’s assistance, and Plump agreed to these terms to receive funds. The three had also allegedly attempted to obstruct justice and Plump warned Kindall about a federal investigation, encouraging her to fabricate evidence. Rogers also allegedly encouraged Kindall to take full responsibility for the crimes in exchange for taking care of her personal affairs. Rogers is scheduled to be sentenced on Friday. This story was published with the permission of Alabama Reflector. The Alabama Reflector is an independent, nonprofit news outlet dedicated to covering state government and politics in the state of Alabama. Through daily coverage and investigative journalism, The Reflector covers decision makers in Montgomery; the issues affecting Alabamians, and potential ways to move our state forward. We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Fact Check: City of Hoover City Attorney Phillip Corley Jr. Statement on Council videos
The Alabama Department of Archives and History, through its Records Management Section, manages guidance for the retention of public records in the state. In November 2022, the Hoover Sun reported on changes to the City of Hoover’s record retention. In that article, Jon Anderson quotes the city attorney Phillip Corley, saying, “However, temporary recordings should be deleted once minutes are approved according to the Records Disposition Authority issued by the Alabama Local Government Records Commission,” Corley wrote. “Another alternative would be to livestream only with no recordings or not to livestream at all. Transparency under Alabama law means that the meetings are open to the public and minutes of what was done at those meetings are made available to the public. The minutes are permanent public records and the official record of actions taken at a meeting.” Claim: “temporary recordings should be deleted once minutes are approved according to the Records Disposition Authority” (Emphasis added) Fact: “The Records Disposition Authority lists the minimum time that agencies must keep records that are created. Agencies may choose to keep records longer.” Rating: Pants on Fire Sources: Per State and Local Records Coordinator, Appraisal & Records Management Program, Alabama Department of Archives and History: The Records Disposition Authority, approved by the Local Government Records Commission, lists “Recordings of Meetings” as having a retention of “retain until minutes are approved.” The Local Government Records Commission does not dictate where those recordings are housed or whether a record must be created. The Records Disposition Authority lists the minimum time that agencies must keep records that are created. Agencies may choose to keep records longer. RDAs may be found on our website on the Manage Records tab > Local Agencies > Retention Schedules. Please see the retention below for Recordings of Meetings in the Municipalities RDA. 1.04 Recordings of Meetings. Audio or video recordings provide a verbatim account of debate and public input at meetings of the municipal council and municipal boards, commissions, or similar bodies. They are normally used only as an aid to preparation of the minutes . Disposition: Temporary Record. Retain until minutes are approved. Earliest electronic files available show Recordings of Meetings in the Municipalities 2000 RDA with a retention of “Retain 1 year after the end of the fiscal year in which the minutes were approved.” In July 2002, the retention of the Recordings of Meetings was changed to “Retain until minutes are approved.” A notation was added to the description in section two “(revised in conformity with other RDAs).” A random sampling of Alabama cities that maintain videos online: City of Mobile: 1,019 videos: YouTube City of Montgomery videos go back 12-months: City Website City of Selma (Which hasn’t been updated since Jan. 2023. Videos go back to 9/30/2021): City Website City of Huntsville 205 pages of city council videos going back to May 2017: City Website
