Louis Maxwell, Chair Macon County (AL) Commission - what you didn't know
Alabama Code §36-12-40 provides that "[e]very citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statue", emphasis provided.
“[B]ecause there is a presumption of required disclosure, the party refusing disclosure shall have the burden of proving that the writings or records sought are within an exception and warrant nondisclosure of them,” Blankenship v. City of Hoover, 590 So. 2d at 245 (1991).
Mr. Maxwell continuously violates law and Blankenship v Hoover to disregard my right to county business documents beginning in 2014.
Maxwell made two hundred purchases of regular and premium unleaded and diesel fuels to the tune of $4,899.61 with his county assigned fuel card in a 30-month period from November 2012 to May 2015. These purposes are in addition to withdrawals from the county fuel tank.
After multiple requests and the retaining of an attorney for $600, I obtained the raw data in 2017.
Point to consider, I obtained these records after I was told I had all the county fuel related records, in February 2016.
I am only saying the volume of purchases and unknown quantities of fuel removed from the county tank is suspicious, considering the number of purchases, volume, location, time of day, dates, and deliberate attempt to hide purchases for 2.5 years, as part of the 4 year statute of limitations.
My efforts with the Ethics Commission and other governmental agencies have spanned better than 16 years to get their attention and interest of where Chairman Maxwell appears to be purchasing fuel for his personal vehicles, simply because he has purchased regular and premium unleaded and diesel fuels at all hours of the day including Christmas and New Year's Eve in neighboring counties.
My first letter to the Commission was on Jan. 19, 2016 and its corresponding email with multiple attachments; its receipt. My email of Mar. 4, 2016 and its receipt. The Commission determined "there was not probable cause to believe that Louis Maxwell committed a violation of the Alabama Ethics Act," in their dismissal letter of Jun. 1, 2016. My reply of their findings of no "probable cause" on Nov. 23, 2017 accomplished nothing. It appeared their minds were set.
Because the County was flagrantly violating the Alabama Open Records Act by denying me public records, i retained an attorney and subsequently received additional records in Sept. 2017. The records comprised of every purchase of fuel by all elected public servants and employees culminating in 30 pages of data with the appearance from a database. It was obvious why the county sent me 30 pages instead of the equivalent of 4.5 pages of Mr. Maxwell's purchases.
After aligning the pages because one row of date stretched over to pages, assembling and analyzing the data time got away from me. And then Covid caused governments to scale back on their services.
The Commission acknowledged receipt of my Mar. 4, 2022 follow-up in their Mar. 11, 2022 letter. To maintain some continuity in this mess, after speaking with my District Attorney Jeremy Duerr on Jan. 19, 2022 and sending him this Mar. 12, 2022 email, I referenced some of my conversation and email I had with Duerr, in my letter to Commission on Mar. 17, 2022.
On other business in the Ethics Commission suite on Apr. 6, 2022, I had hopes of meeting with the Brian H. Paterson, Jr. Assistant General Counsel, on this issue. He was unavailable; I left a letter with the receptionist, of which I am unable to locate.
NOTE: A point to consider, many of my letters for public documents were copied to the US Attorney General, Middle District US Attorney, Alabama AG, Alabama Secretary of State, Macon County Sheriff, FBI, and District Attorney. One letter was copied to my Alabama legislators and several local television news networks. Therefore, it was no secret of what was going on. The US Attorney General's office did write telling me they are not interested in hearing more because it was not a federal issue.
Following my attempt to visit with Mr. Paterson, I missed his morning call on Apr. 7, 2022. I returned his call a couple of hours later. He apologized for my frustrations. During our conversation, he said the Commission was bound by law as to the date of occurrence, NOT date of discovery. After stressing Maxwell was hiding county documents from the public for more than half of the statute of limitations, Paterson stated the AG would have more latitude in the time lapse from the events. I had been the AG before on this and nothing and will again in a month - again nothing.
I received the same response as I did in 2016, 2017, in their July 13, 2022, stating "Commission's jurisdiction is invoked when a public official or public employee has used their official position or office to obtain personal gain for themselves, a family member...." Additionally, the Commission comes back stating "the information you provided shows activity that is outside the Ethics Commission's statute of limitations of four (4) years..."
Had the Commission shown interest in 2016 or 2017, the statute of limitations would not have been an issue, however, then as now, the Commission was unable or unwilling to investigate, or cause an investigation with AG, if Maxwell used his position to "obtain personal gain," nor show an interest in the matter and forward it to the AG for their investigation. And, I would have my $15,000 in another attorney retainer fee, who walked away after 3 years of doing very little.
After texting and being a nuisance, my Macon County Sheriff, Andre Brunson, and I sat down end of April 2022 to discuss this possible misuse of government money, he connected me with an AG investigator on speaker phone, whom I have not yet heard from.
I then spoke with my newly elected District Attorney Mike Segrest, who told me on June 23, 2022 that he is not yet in office and he has a "backlog of murder cases," and more current matters such as bouncing pay checks and non-payment of county's share of employee health insurances to address.
Segrest, who has successfully sued several Macon County governmental entities and businesses, I expect will uncover the answers to the "hidden" justification of the gas purchases in line with reportedly non-payment of county's share into the state retirement system and health insurance and bouncing employee pay checks.
Considering the county sedan he drives 24/7 (reinforced with gas purchases at all hours of the day) gets at least 20 miles per gallon that is a lot of county driving.
I hand delivered open record requests for documents justifying commerical fuel purcahses at county meetings on November 8, 2021 with this attachment, March 14, 2022, and April 11, 2022, video of the April 11, 2022 hand-delivering.
More than once, I have heard Mr. Maxwell instruct those with 24-hour access to a county vehicle to use the county fuel tanks. Obviously, he is above his instructions.
A few questions deserving an answer from Chairman Maxwell, Trustee of Macon County, with management and fiduciary responsibilities to each one of us living in Macon County.
- What Macon County business in Lee County would justify 25 purchases?
- Why were 154 purchases made in Macon County between 6 am and 6 p.m. when the county fuel tanks are less than a 10 minute drive for him or another employee from the court house.
- Doesn't the chair have a key to the gate to access the county fuel tanks before and after hours?
- What county business was conducted in Pike Road on Christmas Eve in 2013 between 6 p.m. and midnight to justify a county-related purchase of fuel?
- What county business justified Macon County fuel purchases on December 21, 23, 25, 26, 31, 2012?
- How were Macon County citizens represented by his presence and subsequent purchase of premium fuel on New Years Eve 2013 in Lee County between 6 p.m. and midnight?
- What was the county business necessitating 8 fuel purchases over a couple of months in Pike Road, Montgomery County? Ans. I was told by now-deceased County Commissioner Berry, the purchases most likely were made while driving to and from the Montgomery casino.
- What county business would justify two fuel purchases in one day? Not once, but 10 times?
- Which county vehicle required 48 purchases of premium fuel, of which 20 were in Lee and Montgomery Counties?
CONCLUSION: As the self-appointed county records custodian, there is no better method of hiding what may be incriminating documents from public disclosure than violating their Oath of Office to uphold the Constitution and know the Alabama AG, Ethics, US AG, Middle and Northern District US Attorneys, Alabama Secretary of State, FBI, ABI, both current and incoming District Attorneys, and Sheriff are unable to read and understand county documents, as I have.
I have come to the conclusion, if Maxwell did in fact purchase personal fuel with his county gas card, he escaped from being held accountable not because of me, but those listed above!