NOTICE OF ELECTRONIC FILING

Transcription

1 AlaFile E-Notice 02-CV To: Lawrence M. Wettermark NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA SAMUEL L. JONES V. PUBLIC PARK AND RECREATION BOARD OF CITY OF MOBILE 02-CV The following complaint was FILED on 6/12/ :08:52 AM Notice Date: 6/12/ :08:52 AM JOJO SCHWARZAUER CIRCUIT COURT CLERK MOBILE COUNTY, ALABAMA 205 GOVERNMENT STREET MOBILE, AL

2 State of Alabama Unified Judicial System Form ARCiv-93 Rev.5/99 COVER SHEET CIRCUIT COURT - CIVIL CASE (Not For Domestic Relations Cases) GENERAL INFORMATION Case Number: 02-CV Date of Filing: 06/12/2011 ELECTRONICALLY FILED 6/12/ :08 AM CV CIRCUIT COURT OF MOBILE Judge COUNTY, Code: ALABAMA JOJO SCHWARZAUER, CLERK IN THE CIRCUIT OF MOBILE COUNTY, ALABAMA SAMUEL L. JONES v. PUBLIC PARK AND RECREATION BOARD OF CITY OF MOBILE ET AL First Plaintiff: Business Government Individual Other First Defendant: Business Government Individual Other NATURE OF SUIT: TORTS: PERSONAL INJURY WDEA - Wrongful Death TONG - Negligence: General TOMV - Negligence: Motor Vehicle TOWA - Wantonnes TOPL - Product Liability/AEMLD TOMM - Malpractice-Medical TOLM - Malpractice-Legal TOOM - Malpractice-Other TBFM - Fraud/Bad Faith/Misrepresentation TOXX - Other: TORTS: PERSONAL INJURY TOPE - Personal Property TORE - Real Property OTHER CIVIL FILINGS ABAN - Abandoned Automobile ACCT - Account & Nonmortgage APAA - Administrative Agency Appeal ADPA - Administrative Procedure Act ANPS - Adults in Need of Protective Services OTHER CIVIL FILINGS (cont'd) MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/Enforcement of Agency Subpoena/Petition to Preserve CVRT - Civil Rights COND - Condemnation/Eminent Domain/Right-of-Way CTMP-Contempt of Court CONT-Contract/Ejectment/Writ of Seizure TOCN - Conversion EQND- Equity Non-Damages Actions/Declaratory Judgment/Injunction Election Contest/Quiet Title/Sale For Division CVUD-Eviction Appeal/Unlawfyul Detainer FORJ-Foreign Judgment FORF-Fruits of Crime Forfeiture MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition PFAB-Protection From Abuse FELA-Railroad/Seaman (FELA) RPRO-Real Property WTEG-Will/Trust/Estate/Guardianship/Conservatorship COMP-Workers' Compensation CVXX-Miscellaneous Circuit Civil Case ORIGIN: F INITIAL FILING A APPEAL FROM DISTRICT COURT O OTHER R REMANDED T TRANSFERRED FROM OTHER CIRCUIT COURT HAS JURY TRIAL BEEN DEMANDED? Yes No RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED ATTORNEY CODE: WET002 6/12/ :04:33 AM /s/ Lawrence M. Wettermark MEDIATION REQUESTED: Yes No Undecided

3 ELECTRONICALLY FILED 6/12/ :08 AM CV CIRCUIT COURT OF MOBILE COUNTY, ALABAMA JOJO SCHWARZAUER, CLERK IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA SAMUEL L. JONES, individually and in his capacity as Mayor of the City of Mobile, Alabama, Plaintiff, v. CIVIL ACTION NO.: THE PUBLIC PARK AND RECREATION BOARD OF THE CITY OF MOBILE; RANDY GOULD, individually and in his capacity as Chairman and Director of the Public Park and Recreation Board of the City of Mobile; ANN DAVIS, individually and in her capacity as a Director of the Public Park and Recreation Board of the City of Mobile; CLYDE DUMAS, individually and in his capacity as a Director of the Public Park and Recreation Board of the City of Mobile; Defendants. VERIFIED COMPLAINT FOR VIOLATION OF THE ALABAMA OPEN MEETINGS ACT This action is brought pursuant to Code of Alabama 36-25A-9(a) to enforce the provisions of the Alabama Open Meetings Act. 1. Plaintiff Samuel L. Jones is Mayor of the City of Mobile, Alabama. He brings this action in his official capacity as Mayor and individually. 2. Defendant Public Park and Recreation Board of the City of Mobile ( Board ) is a governmental body organized pursuant to Code of Alabama , et seq. As such, it and its Directors are subject to the provisions of Code of Alabama 36-25A-1, et seq. (the Alabama Open Meetings Act ).

4 3. Defendant Randy Gould is the Chairman and a Director of the Board. He is sued in his official and individual capacity. 4. Defendant Ann Davis is a Director of the Board. She is sued in her official and individual capacity. 5. Defendant Clyde Dumas is a Director of the Board. He is sued in his official and individual capacity. 6. The Board is governed by seven Directors. The Board was incorporated in 1983 and authorized by the governing body of the City of Mobile. Directors of the Board are appointed by the Mobile City Council. Among its powers, the Board has the authority to expend or appropriate public funds. As such, it is a Governmental Body as defined by Code of Alabama 36-25A-2(4). 7. On Thursday, June 9, 2011, Defendant Gould gave notice, in his capacity as Chairman of the Board, to the other six Directors that he was convening an emergency meeting of the Board at 1:00 pm that same day. This notice was transmitted to the other members of the Board less than two hours before the scheduled meeting. A written notice of the meeting was posted at Ladd-Peebles Stadium. A true and correct copy of the written notice is appended and marked as Exhibit A. 8. Other than the posted notice depicted in Exhibit A and the to Board Members, no other notice of the meeting was given. 2

5 9. The meeting was convened at 1:00 pm at Ladd-Peebles Memorial Stadium. A true and correct copy of the Minutes of this Meeting are appended and marked as Exhibit B. 10. Of the seven Directors of the Board, only four attended the meeting. The four Directors were Randy Gould, Ann Davis, Clyde Dumas, and Richard Davis. Also in attendance was the Board attorney. 11. During the meeting, Defendant Gould indicated that the meeting was called on an emergency basis because it was necessary to have the Board approve a performance contract with the City which the Mobile City Council would consider the following Tuesday. 12. Director Richard Davis questioned the legality of the meeting and prior to the vote being taken said, I m gone. I m not going to be a part of that. 13. Thereafter, the Chairman, Defendant Gould, called for a vote on approval of the performance contract with the City. Defendants Randy Gould, Ann Davis, and Clyde Dumas voted in favor. There were no votes against. Even though Director Richard Davis indicated that he was not going to vote and left, the remaining Board Members recorded that Director Richard Davis had abstained. 14. Thereafter, at the direction of the Board, the performance contract approved by the Board was delivered to the Mobile City Council offices and placed on the Mobile City Council Agenda for its meeting on Tuesday, June 14, The actions of Defendants are in direct violation of Code of Alabama 36-25A-3(a)(5) in that the notice of the meeting was not placed in a reasonable location 3

6 nor did Defendants use a reasonable method of notice convenient to the public to give notice of its meeting. 16. The actions of Defendants violate Code of Alabama 36-25A-3(a) in that Defendants failed to give required notice at least seven days prior to the Board meeting. 17. The actions of Defendants violate Code of Alabama 36-25A-3(b) in that there were no emergency circumstances, as defined by statute, allowing a meeting to be called with less than twenty-four hours notice. 18. The actions of Defendants violate Code of Alabama 36-25A-3(b) in that the sole action taken at the meeting concerned a three-year performance contract which does not constitute emergency circumstances nor does it constitute a meeting to be held solely to accept the resignation of a public official or employee within the meaning of this limited statutory exception. 19. The actions of Defendants violate Code of Alabama 36-2A-3(b) in that Defendants failed to give either general notice or special notice to the media and any persons registered to receive direct notices of meetings. 20. Defendants disregarded the requirements for proper notice of a meeting within the meaning of Code of Alabama 36-25A-9(b)(1). 21. Defendants disregarded the provisions of the Alabama Open Meetings Act during a meeting within the meaning of Code of Alabama 36-25A-9(b)(2). RELIEF SOUGHT 22. Plaintiff respectively requests the Court enter an Order determining that the actions of Defendants were in violation of the Alabama Open Meetings Act. Plaintiff 4

7 further requests the Court to determine and enter an Order that the violations were not the result of mistake, inadvertence, or excusable neglect and to further find that invalidation of the action taken by the Board at its illegal meeting would not unduly prejudice third parties who have changed their position or taken action in good faith reliance upon the challenged action of the Board, all within the meaning of Code of Alabama 36-25A-9(f). 23. Finally, Plaintiff requests the Court to ORDER, ADJUDGE, and DECREE pursuant to Code of Alabama 36-25A-9(f) that the actions of these Defendants in approving a three-year performance contract at their meeting of Thursday, June 9, 2011 are invalid and without legal effect. Plaintiff does not seek monetary civil penalty against Defendants. s/lawrence M. Wettermark LAWRENCE M. WETTERMARK (WET002) Mobile City Attorney Legal Department City of Mobile Post Office Box 1827 Mobile, Alabama PH: FX: wettermark@cityofmobile.org Attorney for Plaintiff Samuel L. Jones FLORENCE A. KESSLER (ASN001) Legal Department City of Mobile Post Office Box 1827 Mobile, Alabama PH: FX: fkessler@cityofmobile.org Attorney for Plaintiff Samuel L. Jones 5

8 SERVICE DIRECTIONS (to be served by personal process as follows): The Public Park and Recreation Board of the City of Mobile Ladd-Peebles Stadium 1621 Virginia Street Mobile, Alabama PH: Randy Gould Ladd-Peebles Stadium 1621 Virginia Street Mobile, Alabama PH: Ann Davis Ladd-Peebles Stadium 1621 Virginia Street Mobile, Alabama PH: Clyde Dumas Ladd-Peebles Stadium 1621 Virginia Street Mobile, Alabama PH:

9 ELECTRONICALLY FILED 6/12/ :08 AM CV CIRCUIT COURT OF MOBILE COUNTY, ALABAMA JOJO SCHWARZAUER, CLERK

10 ELECTRONICALLY FILED 6/12/ :08 AM CV CIRCUIT COURT OF MOBILE COUNTY, ALABAMA JOJO SCHWARZAUER, CLERK

11

12 ELECTRONICALLY FILED 6/12/ :08 AM CV CIRCUIT COURT OF MOBILE COUNTY, ALABAMA JOJO SCHWARZAUER, CLERK

13

14

15

16