State Representatives Rogers and Moore challenge HB226 - the 1% Sales Tax extension.
Stop, look and listen ...as Jefferson County delegation
Vice Chair Oliver Robinson ducks and dodges questions by State Representatives Patricia Todd and Mary Moore.
The Jefferson County legislative delegation and our County Commission are being sued for illegally attempting to extend the 1% County School Construction tax for a totally different purpose without a vote of the people. It is illegal to convert a "general" bill into a "local bill" without a vote of the people. This legislation was written by (or possibly written for) Rep. Oliver Robinson, vice chair of the Jefferson County delegation.
This legislation is being challenged in court by Attys. Calvin Grigsby and David Sullivan. Initially no judge in Jefferson County was willing to hear the case claiming a conflict of interest as they all live in Jefferson County. Our attorneys secured a Judge in Winston County to hear the case.
Attempting an end run, the Jefferson County Commission asked for a validation hearing before our day in court and advertised it in "The Messenger," a publication designed for legal listings with limited readership. Our attorneys caught the advertisement and were able to join in an opposition lawsuit to the validation. Judge Mike Graffeo, who had initially recused himself, unrecused himself and agreed to hear the case.
We are awaiting his decision.
Update: 12/16/15 : Circuit Judge Michael G. Graffeo ruled on Monday that a local act signed by Gov. Robert Bentley in May is unconstitutional because House Bill 573 was not passed by three-fifths of a quorum of representatives that were present when a vote was taken.
Update: 09/01/17: We are appealing to the United States Supreme Court (SCOTUS) Look below for recent documents related to the case.
HI-JACKING THE 1% JEFFERSON COUNTY SCHOOL CONSTRUCTION TAX
which was passed to raise money to build schools throughout JeffersonCounty. ALL THE SCHOOLS HAVE BEEN BUILT, but instead of sunsetting the tax, county legislators re-uped it to create bond rating collateral allowing commissioners Stephens and Carrington to go to the same New York banks that screwed us with the bankruptcy, and ask for more bond money for the county, creating still more debt. In reality, each city could have initiated a new tax, but as it stands
BIRMINGHAM GENERATES THE MOST TAX DOLLARS, RECEIVING NO WHERE NEAR ITS SHARE IN RETURN. NEITHER STEPHENS NOR CARRINGTON LIVE IN BIRMINGHAM. WE ARE FUNDING THE WEALTHIER PARTS OF THE COUNTY.
Sales Tax documents
Sales Tax Lawsuit