Lawrence County Alabama

OUR VIEW: The federal government should have extended for another two months ...

Operation Clean Sweep ended up being Operation Mostly Clean Sweep.

A pilot program in which the federal government paid 90 percent of the cost to remove tornado debris from public rights of way ended Tuesday, despite Gov. Robert Bentley's request for a 60-day extension. While debris removal will continue, state and local governments, which had split 10 percent of the cost to remove tons of debris from the April 27 storms that swept across Alabama, now must pick up 25 percent of the cost.

There's a problem, though, for some local governments that needs an immediate fix: Some cities and counties using the U.S. Army Corps of Engineers to haul away tornado debris have no clue how much it is costing them, as News staff writer Robin DeMonia reported Wednesday. That's because the Corps hasn't told them what it is charging.

In Cullman, for example, county attorney Tim Culpepper said officials asked many times how much the cleanup is costing, but the Corps would not offer them an average or range that would let the county have an idea of its ultimate cost. Nor would the Corps provide specific information to The News, despite repeated requests, about what it is charging for debris removal.

Is it any wonder the Cullman County Commission announced Tuesday it was ending the Corps' work there as of July 29, leaving it to county crews to pick up when they can?

Lawrence County solid waste director Willie Allen said he learned just Monday the Corps is charging $42 per cubic yard to remove debris from public roadsides there. Tuscaloosa Probate Judge Hardy McCollum said that price is in the range of what the Corps told him. Other local government officials, though, say they've heard rumors of much higher prices -- as much as $100 per cubic yard.

The Corps' refusal to provide prices to all local governments is unacceptable. Every dollar spent on Operation Clean Sweep, whether it is federal, state or local, comes from taxpayers. The Corps is a public agency, as are the cities and counties using it for debris removal. The Corps has an obligation to let those governments and the taxpayers who fund them know, promptly, what it charges.

That is particularly true with state and local governments now dividing 25 percent of the cost rather than 10 percent.

The whole idea of Operation Clean Sweep was to help cities and counties as quickly as possible get rid of an estimated 10 million cubic yards of debris in federally declared disaster areas of Alabama without an undue financial burden placed on them. In large part, it worked, with about 8.2 million cubic yards of debris -- more than 80 percent of the total -- already cleared from public rights of way in 74 days.<CM+RTThat compares to 8.5 million cubic yards removed in the five months after Hurricane Ivan, according to Bentley.

$401090.60 Jury Verdict Against Lawrence County Commission for ...

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A federal court jury comprised of 8 women and 4 men recently awarded $401,090.60 to a former Lawrence County payroll clerk after a week long trial.  Beronica Warren began working for the county in January, 2007,   Peggy Dawson became the county administrator after Warren was hired, and they had a strained relationship.  Warren filed an EEOC charge alleging that she was harassed and discriminated against by Dawson in March, 2008.  The 4 acts of retaliation presented to the jury were:  1.  The vote by the Commission to investigate the claim filed by Warren and then disciplining her; 2.  The investigation itself; 3.  The hearing the 2 county commissioners appointed to give her based on her charge; and 4.  Her termination.  Testimony included a statement by a former county commissioner who told Warren that "we are going to fire your ass for filing that charge" and taunted her as she was leaving the parking lot after packing her possessions, that the 2 commissioners appointed to investigate the EEOC charge never spoke to Warren, Warren had no documentation in her personnel file indicating that her job performance was poor (one of the reasons given for termination was poor job performance),  that Warren brought a tape recorder to the office to record Dawson, but Dawson found out about it and would come to her office and stare at her, and that newspaper articles about her termination caused her financial hardship and emotional distress.  A fifth count alleged she was not paid overtime.  After asking for $403,000 in closing arguments, the jury awarded her $450.64 in unpaid overtime,  $70,640 in back pay, $73,000 for the retaliation claim concerning the vote to investigate, $90,000 for retaliation concerning the investigation, $83,500 for retaliation for the hearing, and $83,500 for the termination.  Still pending before the court are claims for reinstatement or front pay and attorneys fees which may be as much as $400,000. 

According to the attorney for Warren, the county introduced no exhibits and the 4 commissioners/former commissioners who testified gave 4 separate reasons for the termination. In his opinion, the county could not articulate a legitimate business reason for the adverse employment action taken against Warren. 

Practice pointers.   Whenever an employer makes the decision to take an adverse employment action, including termination,  against an employee who files an EEOC charge, it must be done with caution.  The investigation must be done properly.  Personnel files must be reviewed.  The individual (s) making the decision must be careful about what is said.  During the discovery stage and at trial, if there is more then one decision maker, their testimony should be consistent.  Documentation is also very important.

Lawrence County [Alabama]

Journal of the House of Representatives, State of Alabama

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Journal of the Senate of the State of Alabama

Acts of the General Assembly of the state of Alabama